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2009-01-19_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, January 19, 2009 Committee of the Whole 1. Call to Order 5:00 p.m. Council Chamber 1.1 Contract Negotiations and Personnel Matter 10.2 4(c,j) 1.2 Substandard Properties Appeal Committee 10.2(4)(b) Regular Meeting 1. Call to Order — Prayer 5:30 p.m. Council Chamber 2. Approval of Minutes 2.1 Approval of January 5 2009 Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Letter from V. White Braemar Dr Reconstruction (Recommendation: Refer to City Manager) 5.2 Letter from V. Matheson State of Reversing Falls Bridge (Recommendation: Refer to City Manager) 5.3 Patricia Dashwood Letter Fees and Taxes (Recommendation: Receive for Information) 5.4 Margaret Titus Letter Pension Fund (Recommendation: Receive for Information) 5.5 L Benjamin Letter Violation of Section 39 Conditions by East Point Developer (Recommendation: Refer to City Manager) 5.6 Saint John Board of Police Commissioners Election of Executive (Recommendation: Receive for Information) 5.7 Proposed Public Hearing Date 170 Germain St (Recommendation in Report) 5.8 Contract No 2008 38 Braemar Parkhill Dr Sanitary Sewer and Watermain Renewal Storm Sewer Extension and Street Reconstruction (Recommendation in Report) 5.9 Design and Constriction Management Pipeline Rd West Phase 2 Spruce Lake to Gault Rd Water Transmission Main Installation (Recommendation in Report) 5.10 Internet, Asset and Electronic Mail Acceptable Use Policy (Recommendation in Report) 5.11 Proposed Public Utility Easement (Recommendation in Report) 5.12 Stop Up and Close Portion of King St East (Recommendation in Report) 5. 13 Mispec Park Recreation Committee Inc Letter to Council (Recommendation: Refer to City Manager) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 9. Public Hearings 7:00 p.m. 9.1(a)(b) Proposed Municipal Plan Amendment & Zoning By -Law 435 Boars Head Rd. 9.1(c) Planning Advisory Committee Recommending Municipal Plan and Rezoning Amendments 9.1(d) Letter of opposition 9.2(a)(b) Proposed Municipal Plan Amendment & Zoning By -Law 14 McLaughlin Cr. 9.2(c) Planning Advisory Committe Recommending Municipal Plan Admendment and Rezoning 93(a)(b) Proposed Municipal Plan and Zoning By -Law Amendments 410 Highland Rd. 93(c) Municipal Plan and Rezoning Amendments 93(d) Letters of opposition 93(e) Letter of opposition 9.4(a) Proposed Section 39 Amendment 1660 Manawagonigh Rd. 9.4(b) Planning Advisory Committee Recommending Section 39 Amendment 9.5(a) Report Rezoning Application 595 Hillcrest Rd. 9.5(b) Application for Zoning By -Law Amendment 9.5(c) Rezoning Application 9.6 Business Improvement Levy 10. Consideration of By -laws 10.1 Proposed Municipal Plan Amendment 1989 Manawagonish Rd 10.2(a) Building By -law Amendment 10.2(b)(c) Planning Advisory Committee Recommending Amendment to Building By -law 11. Submissions by Council Members 11.0 Building Code Act (Mayor Court) 11.1 Collection of Beverage Containers at City Facilities (Councillor Sullivan) 12. Business Matters - Municipal Officers 12.1 Saint John Water (W &S Utility Fund) Proposes 2009 Operating and Capital Budgets 12.2 Deloitte & Touche LLP Consulting Contract - Peel Plaza Contract 12.3 Frequency of Council Meetings 13. Committee Reports 13.1 Enterprise Saint John Update to Council 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment City of Saint John Seance du conseil communal Le lundi 19 janvier 2009 Comite plenier 1. Ouverture de la seance 17 h Salle du conseil 1.1 N6gociations contractuelles et question relative au personnel — alinea 10.2 (4)c), 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 Approbation du proces- verbal de la seance tenue le 5 janvier 2009 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Lettre de V. White concernant la refection de la promenade Brwmar (recommandation : transmettre au directeur general) 5.2 Lettre de V. Matheson concernant 1'6tat du pont Reversing Falls (recommandation : transmettre au directeur general) 5.3 Lettre de Patricia Dashwood concernant les frais et les imp6ts (recommandation : accepter a titre informatif) 5.4 Lettre de Margaret Titus relative a la caisse de retraite (recommandation accepter a titre informatif) 5.5 Lettre de L Benjamin relative a la violation des conditions de Particle 39 par East Point Developer (recommandation : transmettre au directeur general) 5.6 Nomination d'un commissaire au bureau des commissaires de la police de Saint John (recommandation : accepter a titre informatif) 5.7 Date propos6e pour les audiences publiques visant le 170, rue Germain (recommandation figurant au rapport) 5.8 Contrat no 2008 -38 relatif au renouvellement de la conduite d'eau principale et de 1'6gout sanitaire, au prolongement du r6seau d'6gout et a la refection des promenades Brwmar et Parkhill (recommandation figurant au rapport) 5.9 Gestion de la conception et de la constriction : phase 2 de l'installation de la conduite principale d'eau au chemin Pipeline Ouest, du lac Spruce jusqu'au chemin Gault (recommandation figurant au rapport) 5.10 Politique d'utilisation acceptable d'Internet, de 1'actif et du courrier 6lectronique (recommandation figurant au rapport) 5. 11 Servitude d'utilit6 publique propos6e (recommandation figurant au rapport) 5.12 Fermeture et barrage d'une partie de la rue King Est (recommandation figurant au rapport) 5.13 Lettre adress6e au conseil par Mispec Park Recreation Committee Inc. (recommandation : transmettre au directeur general) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 19h 9.1a)b) Projet de modification du plan municipal et de 1'arr&6 sur le zonage visant le 435, chemin Boars Head 9.1 c) Comit6 consultatif d'urbanisme recommandant les modifications relatives au plan municipal et au rezonage 9.1d) Lettre d'opposition 9.2a)b) Projet de modification du plan municipal et de 1'arr&6 sur le zonage visant le 14, croissant McLaughlin 9.2c) Comit6 consultatif d'urbanisme recommandant la modification du plan municipal et le rezonage 93a)b) Projet de modification du plan municipal et de 1'arr&6 de zonage visant le 410, chemin Highland 93c) Modifications relatives au plan municipal et au rezonage 93d) Lettres d'opposition 93e) Lettre d'opposition 9.4a) Modification propos6e aux conditions impos6es en vertu de Particle 39 visant le 1660, chemin Manawagonigh 9.4b) Comit6 consultatif d'urbanisme recommandant la modification de Particle 39 9.5a) Rapport concernant la demande de rezonage au 595, chemin Hillcrest 9.5b) Demande de modification de 1'arr&6 de zonage 9.5c) Demande de rezonage 9.6 Taxe d'am6lioration des affaires 10. Etude des arretes municipaux 10.1 Projet de modification du plan municipal relatif au 1989, chemin Manawagonish 10.2a) Modification de 1'Arr&6 relatif a la constriction 10.2b)c) Comit6 consultatif d'urbanisme recommandant la modification de 1'Arr&6 relatif a la constriction 11. Interventions des membres du conseil 11.0 Loi sur le code du bdtiment (maire Court) 11.1 Collecte des recipients a boisson dans les installations de la Ville (conseiller Sullivan) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Budgets d'exploitation et d'immobilisations de 2009 relatifs au fonds du r6seau d'aqueduc et d'6gouts de Saint John 12.2 Contrat de consultation conclu avec Deloitte & Touche LLP — Contrat de la place Peel 12.3 Fr6quence des S6ance du conseil communal .il ■ will g'171' 1:w-ffill, g I=-= 1 1 1- 5,2D O9 y - . -. : . • i� . . . . . . . I - - J17,317 1 FT-7 '• a • Ta• • �. • a • • •� • s. • a of - Sermoes, E Ga ey, • • aerk 1. Call To Order — Prayer 150 =34FE-t �••a.-r • • aa• -••- • •. a 2 Approval of Minutes On • • of • • I lor s a•• •-• by • • • M•Gjre RESCLVED that the es of the n-eeti ng • • • • • a • • tar_ •a J 11': •- . •• • a• • a. • •- • a - r • R Ta• 3. Approval of Agenda On • • of • • I lor s a•• •-• by • • • M•Gjre RESCLVED that the .•- •. of -- • •- .•• • a• -.•• • • I • �a �•a 11 •. • �a•a !11115i 11: - - • I IA ;•a- - L -- .�'• -• • • • • • IIy ••a . • : •r •• • • a. • •- • a - o • r. a• 11111 lll�z MI.! 906 IT Ja• • • c�- •a•. a• . •• • • a a. .•a •. - • ' .•a. Initiatke Caredian Register of Hsbdc Races from the DeoaTber 22, 2008 Cmal M, report 5.2 That the • m Erterprise Sant John dated DeoerTber 15, 2008 entitlazi Sant John Trade and Cawxtion Centre Pa-aAon and Bpar-son Pbq�est be a•- a• for infaTration. 5.3 That the folloWng resolution be adopted: • - a --. - !11!1111111!!!1111111111 11 •. •• . '-0- 1 -•- .•• • • • to the e of $25,000 ere pu\Asion for - is raTredly contained in the budget Mich has not been . g,• • .• eqDerditures related to preadsting oontractued .• - • to oonmissions • -t TAT •. • •. ••�. • • •• *, • m . • • •. . • , • • IM •• 5.4 That Cam-cn Cound .•••- the purchase o • e• ticket mters, • - - -• me p-ogram and the fi rst year of • a-e support and ma rtenanoe for a total cost of $55,674 pus applicalle taxes .0 a•• - •-• • Mel .•- - • - - • . .• a- Cammn Cound I authorize the -A- s• of e agreffnal to •. :a of : a •• A• a- - s• .s : a a• and further, that - Ubyor and camm aerk sign the .•• •• . - ••• •• .• • cam- • a o.� • • a• • - .• . 'a• a • a•o.��: •• .• ••• �. a• • • lip's • • • a• a •a 11: • • a• .i • •• • • �. • ti Oq • ••• E • 1 N,•• I I •:• • • • • • • • • • • -.• - - - . • • • - ••c-. 11 • Is • I .•- •i O• i • 11y Q•• • • •- • •• •� . • report 5.10 That the from the Saint John '• Adxxity dated .e•e •e • 111 be referred • • nati • • -- 5.11 Iffier to item 14.1. .il ■ will L1,171, l:w-ffl1l, g I=-= 0 0 0 0 rz, I'l I f-P 07-0 1 IV, =Orle z 0 • • • �•�--IMARMW-Lw-M LEA IIy •�• q • 0 ILM - • '•: •: r .11� "WO, • • - •- A' a•c • • ff- • • . • • . •••- a • •- - - a• • m - • : 0 .•- 5.2 That the request • present to Cara I from ban Pearce . • Horst Sauerteig • 5.3 That the letter from Horst Sauerteig regarding Brun&/kk Rpeline�s Emagercy Fbsponse Ran be received for infaTration. . .ti E•• - •O• • - • MEAN : • • • •- • M The Oty of Sa nt John dated Apn 129, 2008 as set out i n the an-axii ng agreernal "A U 5.5 That the letter of appreciation from Mena Iverson on behalf of the M..ilticultural Association of Saint John Inc, be reocived for information. ,it i mex _ZZIOW9,11111,1zlill 4 SRO L 0 W-71 C ..• - • -• • - • :.•- . . - - - 160 0 o. • • -• • • • . - 'a• • c • . •- a•- a• • • • On • • of • • I lor s a•• •-• by • • • M•Guire RESCLVED that the reomTrendation set out • !:• •• ca .•a •c - o.•a• - •- .••• a• • o. • •- • a - r • a Ma• -1161-1, • 7 . Pmdamation MI On • • of • • I lor s Seconded by • • • : lNbnterGR I•iA Lawto A : • the Zoning : • e Oty of • amending Schedule "A', the Zoning lVbp of The Oty of Saint John, by rezoning a parcel V-00 7--F R I rem M&A"Er. I I lq 0 OT-01 ir, 1111 �j FOP LRL;; I I I R, M OMM ME "ON • o.. • •- • : - • • : r. :• The by- lawentitled, "By- lawNinter C R 110-93A Lawto An-end the Zoning By- lawof the Qty of Saint John ", vas read in its entirety. On •. of . .. s Seconded by . .. r MoGuire • -• entitled, By-lavv lNbnterGR I•iA Lawto A :. the Zoning : . Oty of Saint Jol-i�' amending Schedule "A', the Zoning lVbp of The Oty of Saint John, by rezoning a parcel • o. • •- • . 111 : - • • :� r. :• The by- lawentitled, "By- lawNinter C R 110-93A Lawto An-end the Zoning By- law of the Qty of Saint John ", v?s read a third time by title. 1 • r.• • • • • t •. MI • - On • • of • • I lor s Seconded by • • • MoGuire •_ r G R 110-91 • Lawto ' : • the Zoning : • e Oty of • amending Schedule "A', the Zoning lVbp of The Oty of Saint John, by rezoning a parcel of land located at 11 -25 SeM I Street and 96-124 Station Street, haM ng an area of app-oAmately 3800 square n-etres, aiso, identified as PID lNbnters 00039826, 00039818, 00038612, 00039792, 00038745, 00039752, 00038760 . • 111: from FM1" Three s•- •-'o.•- and "W" Lick Industrij to • o.. • •- • : - • • : r. :• The by- lawentitled, "By- IawNurrber C R 110-91 A LawtoAnBnd the Zoning By- lawof the Qty of Saint John ", vas read in its entirety. On •. of . .. s Seconded by . .. r MoGuire • -• entitled, By-lavv amending Schedule "A', the Zoning lVbp of The Oty of Saint John, by rezoning a parcel of land located at 11 -25 SeM I Street and 96-124 Station Street, haM ng an area of app-oAmately 3800 square n-etres, aiso, identified as PID lNbnters 00039826, 00039818, 00038612, 00039792, 00038745, 00039752, 00038760 . • .il ■ will L1,1711 1:w-ffill, g I=-= On • • of • • I lor s a•• •-• by • • • Snook •_ rGR 110-92 • Lawto A a • the Zoning C • e Oty of • wnandi n • Schedule the Zoni • : • of - • of . John. bv rezoninq . •: •- FEN. o. . �• •a a• .� •a • . •• • • •a Ili •J • • - The by- lawentitled, "By- lawNurrber C R 110-92A LawtoAr B-d the Zoning By- lawof the Qty of Saint John ", v?s read in its entirety. On •. of . .. s Seconded by Councillor IMbGuire RESID that puoiant to the p-omsions, of Section 9 of the Gomrmnity Ranning A. the .....e• deAopTBI of e paroel of land located . • 7 Loch lLomond '•:• hamng . area of .•••d :a a•. o. aiso, identified as being . portion of PID lNbnter 00326223, be sL4ect to the fdloWng condition- That, puojal to the •• •s, of Section 9 of the I• •A• -••••.a••-a•• - r.•:•ar • �•.•••� :a a•. o. • • acres), located at • 7 Loch Lomond '•:• aiso, identified as being ' D INL •a 003 •/ be suoect to the condition thc - deAoper notify buyers in witing of potentiai grouxkder quad ity and • c concem. On o • of • • • s Seconded by • • • Snook •_ rGR 110-92 • Lawto ' a • the Zoning By-Lavvof the Oty of • amending • a• - ' the Zoning lVbp of - Oty of . John, by nezoning . •: #-.' of land located . • 7 Loch LaTund '•:• g an area of qpudmately 58 11 a•. o. . �• •a a• .� •a • . •• • • •a Ili •/ • • - • - ac•-• • - •••.- • • l:.i a• --• The by- lawentitled, "By- lawNurrber C R 110-92A LawtoAr B-d the Zoning By- lawof the Qty of Saint John ", v?s read a third time by title. 11. Subs issions by Council Members 11.1 Councillor Iriformation Rquests (Councillor Sullivan) On o • of • • I lor s a•• • -• by • • • Snook Requests (Ca.ndIlor Sullivan) be lifted from the table. M, On • • of • • • e•• •-• by • • • Court on • •: d servioes in order to provide - Ubyo e m:Dst reoent • • regardi ng the 0. ed cost to The • of • as it rEAates to •• • • the e• O• sermoes for an anticipeted industdai - 1•: : • and further the potentiai tax revenues that the • ti le\,ds of •• - - rt \AwId e•e - from the antid •: e• • • IOM o. • •- • a - r • :3 r. a• 11.3 Spring Pothole Pepair Plan (Councillor Farnen) On •• of • .• ..• •-• by • . • Court RESCLVED that the City M3-agff pomde Council Wth .•. n W-ffOv The • of • •• On a f,-.*er time to •• hole • o.. • •- • a - • • : r. : .11' H••: • ••: ' �• • • • On • • of • • I lor s a•• •-• by • • • MoGuire RESCLVED that • ed p-esentation from the Oty Ubnager entitled 2009 Cperating Budget —A [Discussion Wth Council be • e• • •i i i 009 • • • • . • • i� • �� �• i • • . • • • • • •,GM ♦ •• . • ♦ I TPLONIM • Mi'ME:11''11111111 1111" "11111 PEA On • • of • • I lor s e•• •-• by Councillor MoGuire the Oty Ubnager entitled 2009 Cperating Budget —A [Discussion Wth Council be Lox,! .7 • •- • a - r • q r. HUNG 122 Determining Wigs Best For Our Corr i n pity On r • of • • • a•• •-• • Councillor s Sullivan RESCLVED that - •ose • • -• 1 .il ■ will LI,1711 1:w-ffill, g I=-= W• .'` �—o \'' �. 0.•: :.• • • ::. i•0. •: —• . • :.— • — • — -- • 141 LM-D Adventures • • • •' • • • ti a.• • -• • • • • •! • • • •.O• —' — — • —' — — — • •' • • 1 11 • G.., •• a• - • a• - - •c a• tar_ •a I I': - a• • - o. • o. • •a • a - • • :� r. a • • • •� • • c �a• • • cam- - - - a• - -- • 15. General Correspondence 16. Adjomim t • • -.. a• - -- ..• • a• . • : • : - 13 Braemar Drive Saint John, N.B. E2J 2T5 January 7, 2009 Mayor Court & Members of Common Council Citv of Saint John P.O. Box 1971 Saint John, NT E2L 4L I Your Worship & Council Mcnibers: Re: Braemar Drive Reconstruction I would ask that my letter and attachment be placed on the Agenda for the next Council Meeting. Please find enclosed a copy of my letter with attachment which I have sent to Jodi Stringer, of Municipal Engineering. I believe they are self explanatory where I have requested changes to be made to the plans in regards to the reconstruction of Braemar Dr. 1 would appreciate the Mayor and Council Members study these plans to have a better understanding of how important these changes would be to correct our problems. 1 believe some of you will remember that I have had mary, problems Nvilth water drainage onto my property for many years. I realize there have been changes in the Council Chambers but, all my correspondence, which were received and filed at the time, can. be found in the City files, Having experienced many problems over the years who better than 1, can see how important it is to undo and correct the errors that have been made by the City. Raising the street level and having the sidewalk on our side was not the best of decisions. Being on the low side of the street and raising the street level to a height that left our driveway running down hill toward our house, adding the sidewalk so that in the winter the snowplow and the sidewalk plows pushing and blowing the piles of snow over on our lawn causing more water drainage. A few years ago, after a snowstorm the City would always come down the street and promptly remove the snow and hauled it away. How come that service was discontinued`? In my opinion, if these changes are not met we will be facin,', serious problems and maybe 9 n worse than we have now. I earnestly appeal to you to direct the powers that be, to make these changes promptly before the construction begins in the Spring. I would request councilors should come out and look over the situation. it is a big job and I fear not making these changes will cause more problems than we want. I know the Engineers are doing 'their best for the betterment of the Street but they haven't lived here or had the many bad experiences I have had. 14 Mayor Court & Members of Common Council 0 lwould be pleased to meet i)krith the Mayor and Council Members, and -%.vho ever wish to come out to 13 Braemar Drive and discuss these matters. I feel I could give you a better understanding of what is going on. Just give one a call whenever you would like to meet. My telephone # 633-9706 Thanking you and hoping for your prompt attention to this matter. All, Enclosures - copies of Letter to Jodi Stringer Attaclunent Page 3 ) 15 Yours truly, ell (Mrs) Vanda White Jodi Stringer, MIT Municipal Engineering Municipal Operations ,& Engineering City of Saint John P.O. Box 1971 Saint John, N.B. E2T 41,1 Dear Ms. Stringer: Re; Braernar Drive Street Rereconstruction COPY., 13 Braemar Drive Saint John, N.B. E2J 2T5 Phone 4633-9706 After attending the Information Session at Glen Falls Church Hall regarding; the above I C� g wish to thank. you for the opportunity to view the actual drawings and explanation of the reconstruction plans for our street. However, I am sure the sid ri' e i e Ls of Braemar would have r appreciated having a meeting regarding the plans for this project long before drawings were even completed. In this way, I believe you would have been better aware of the problems first hand and perhaps have a better understanding of our drainage problems. Being an oniginai owner and resident of Braemar Drive for fifty years and being only one of the two remaining original property owners from Nos I through 25, 1 believe I am quite competent when it comes to how water drainage has been the root of all our problems for many years. Living on this street and experiencing these problems has prompted us to maintain our own drainage system down each side of our property, across the front lawn parallel to the street and also having our eave troughs directed into these drains to flow into the city's drainage ditch at the back of our property. This has helped but due to the amount of water run-off draining from the street which flowed over the apron and down the driveway into the carport, our 8 " bell cement pipes could not take away such a swell of water. The problem beganx1hen the street was raised Lip and sidewalks installed causing our home to be much lower than the street.- As you know, water always runs to the lowest point. For your information, *when we purchased our home, we drove off the street in our driveway on the level, into our carport (which was contrary to City Engineers and they wouldn't believe me). However, I live here so 1 do know what I am talking about. Without rehashing this any further, I believe all my letters of complaints, over the years, to the Mayor and on the level Council Members regarding our problems, can be obtained from City's files. I sincerely suggest that you obtain copies of these for your perusal. I truly believe you would have a better understanding just what is happening on this street and at the same time greatly enhance your prospective and consider making some minor changes to the present plans.. Ire Letter to Jodi Stringer cont'd Stringer COPY- Please read the Attachment -vhich contains five (5) suggestions which I feel should be considered in making the changes to your plans.. As you will notice by my closing notation 1 am sending copies of this letter and the attachment to the Mayor& Council. I thank you for your prompt attention to this matter and anticipate you will see fit to make these minor changes before the reconstruction begins in the Spring. Yours tmly, Vanda C. White /W copy to: Mayor & Council of the Cit.), of Saint John Attachment enclosed Page 3 17 COIF "c1, Suggested changes to Plans for the Street Reconstruction on Braernar Drive I respectfully suggest that the following changes be seriously considered and put into effect before the work starts in the Spring. (1) Lowering the street level more than what is calculated on the presently drawn plans. This will avoid water drainage from the street onto properties on the low side of the street. See (Asterisk) in letter for explanation. (2) When paving the street make sure the low side of the West side of street (Uneven numbers side) is slanted towards the other East side street (Even numbers side) keeping the water from flowing across the street onto our properties. (Presently, eave troughs drainage from .houses on the other side are directed down over lawns onto the street which freely flows to our lower side. (3) 1 am pleading for the present drainage sewage pipe which is located on the West side of the street near the hydro pole at the comer of our house at No. 13 remain in that location. Without it the planned drain for the other side cannot take care of the amount of water that flows down the street.. You should see the amount of water it has to deal with during rain storms and snow -melting runoffs. Also the two drains down by the turn on the street before going lip Braemar Street hill should remain. Without these residents on the low side have so much water run off coming dovrn the street hill that without them they will be in trouble during the winter thaw. Also, they take care of water that by passes the drain up here and travels down toward that drain. Even with the reconstruction we need all the drainage pipes we can get and we certainly don't want to lose the ones we have. Let them be put back in the same area if they have to be removed during construction. (4) The following may not be of concern to you but I will mention it because 1 believe I 7� overheard that the drainage ditch on the East side of the street was being maintained during this reconstruction. What about the ditch behind our homes oil the West side of the street between out houses and the Exhibition Park Land? My neighbor and myself (78 years of age) maintain our part in keening it dug out and clear of debris why can't this be done at the same time. It hasn't been seen to in years and with all the building and malls around it certainly collects lots of trash and stops the water to run freely.. (5) This also may not have much to do with the reconstruction but I feel it is certainly a factor that should be considered. We do have trouble with ail the snow being piled on our lawn from the Snowplow and the Sidewalk plow. It just seems the lower side of the street gets more snow that any. Of course when it melts than there is lots of water to contend with. This is another reason for all the present located drains to remain in place. Please don't do away with any. Submitted & Signed: V, White M �``L.�f� �',�,�'.;'�°�''<�,%�✓ t". z'p!�'' -,•�'% �'�`"�,•- ,.�'. %c '�:,.�C.` -=-'mss � �� � � � "'�...� ..r''Ly �. y �a ,- rsywr;r'..- "�',:wl�„�� % sf✓"'� -"� " ./ ._.._ Gam' °yt m'"'_'C a/., /i'r% ' %7 ✓J %' �'J ✓� 98) L"...- ��t°�":- 7"i✓i0� " - ^1r �. /. w-'" ,,,�f.r,., (_- ,ara.. -T'u/ �L. ��" -..?,`% •',,y.✓,!''_'6- !".- '°,,�%.!'�`/ XY, �, 4-� 2 f 1 w' r - A 4� r M - _ Al f y " r% ✓ AC y r' �'�✓�� °�i'1��"�'' ��' , -�`/�r g�j �,✓' ' '�._.. � --�' -• �`�'� r' - ���✓�. -� ! Syr 7 y� -r =1 Z, 20 30 Colpitts Avenue Saint John, NB E2M 5017 January 14, 2009 His Worship Mayor Ivan Court & Members of Common Council Dear Mayor Ivan Court & Members of Common Council: Re: More Fees = Increase in Taxes There have been numerous discussions about some Councillors keeping their promise to cut taxes. We all understand that their egos are much larger than their brains. We do not need another bill to pay. What does it take to make you understand; we want services? Maintain what you have and find a way to get the money from areas that leave the middle class alone. We lack resources too. No one is really listening to the people of Saint John; just the newspapers opinion and a few select people in a group. People want roadside garbage pickup; not another bill to pay. Some Councillors are trying to convince us what is good for the people and good for the community. As our population starts to grow and we have more LNG risks, we need more fire and police not cut the services back. Water meters will not save us money; another way to tax the middle class. All that happens is the rich get tax breaks; the poor can't pay and the middle class has to foot the bill; even when we don't have the funds. We know many mistakes were made in previous Councils and some City Hall staff. Just how many mistakes are you making spending tax dollars discovering the errors? When can we stop spending on digging up the past and start today doing the right thing and go forward? Anytime we ask for Council to revisit the LNG Tax Deal you always tell us to move on. We keep paying for things that will not change what has happen. Pride seems to get in your way. How do you convince people that you are giving us a tax cut? We don't want a new bill to pay? That is a rate increase. People are not that thick. People are fed up with the show boats at Council. No one cares about celebrity status. You have to work together not pretend. Sincerely, Patricia Dashwood 21 To Mayor and Common Council January 13, 2009 East Point Developer is Violatin2 Three Section 39 Bylaw Conditions I am looking for help from Common Council in dealing with the above issue. My name is Ian Benjamin, and I am writing on behalf of my mother in law, Mrs Marjorie Denton, who lives on 3 Oakland St in the Eastmount neighborhood. A Friday Jan 9 headline in the local paper reads "Neighbors can hardly wait for Costco". Unfortunately, there is one group of neighbors that have been doing anything but "..rubbing their hands in eager anticipation" as the paper puts it. These -neighbors are residents of the Eastmount neighborhood that adjoins the northwest boundary of this development. At the public hearings for the original rezoning for this project, Deputy Mayor Hooton gave instructions to city staff to the effect of. "We are asking these residents to give up some of their quality of life for the greater good of the city. Staff must ensure that they are properly protected with section 39 conditions." Paragraphs 19, 20, and 21 were included in the (attached) Developers Agreement with East Point Ltd to help achieve this. East Point Inc violated these conditions in Aug 2008 when they piled thousands of tons of crushed rock to within 50 feet of the property line of 2 Oakland St. At the Oakland St side, the rock pile is 30 ft above the existing terrain, and it dominates the skyline from neighboring homes. It is piled along approximately 150 feet of two boundaries of 2 Oakland. See the attached photo sheet to see what the new skyline looks like from Oakland St. It is very unattractive when viewed from Oakland St. This area is in Parcel #4 identified in Schedule A (attached) of the Developer's Agreement. The developer now owns 2 Oakland, but this ownership in no way lessens the authority of these three conditions contained on page 6 of the East Point developers agreement: "19. That the developer must provide a sloped landscaped area lying along the full width of the northwesterly side of the Lands and having a minimum dimension of 49 meters (167 feet) measured from the rear property lines of the lots fronting on the southeast side of Oakland St. , in accordance with the detailed Landscaping Plan to be prepared by the developer and for which the Developer must obtain the written approval of the City's Development Officer. 20. That the developer shall neither construct nor permit the construction of any building, structure or driveway or parking area within the landscaped area mentioned in paragraph 19 hereof. 21. That the Developer must not commence any site preparation work on any portions of Development Sites 4,5, and 6 illustrated on the said Schedule "A" that are within sixty (60) meters (200 feet, of the rear property lines of the lots fronting on Oakland St, prior to obtaining the Development Officer's written approval of the detailed landscaping plan referred to in paragraph 19 hereof, said approval not to be unreasonably withheld and having also provided to the City security in the form of cash, certified cheque, or an 23 irrevocable standby letter of credit, in an amount determined by the City's Development Officer in order to assure completion of the landscaping illustrated on the detailed landscapingplan referred to in paragraph 19, all within one year of commencement of the preparation work for the said Sites 4,5, and 6." (my emphasis) The developer is now in clear violation of these conditions. I ) The crushed rock was placed within the 200 foot boundary specified in para. 21, before a landscaping plan had even been submitted to the Development Officer, let alone approve by the Development Officer. 2) 1 presume that, since no landscaping plan has been submitted, no security deposit was submitted to the City as required in para 21. 3) An agent of the developer (Mr David Peacock) informed me in person on Dec 18, 2008 that no further landscaping work would be done on the affected part of parcel 4 until that part is developed at some unspecified future time. The Costco development is not part of the lands where the rock was piled. Paragraph 21 clearly states that any development work, once commenced, must be completed within one year. By commencing work on this portion, the Developer has triggered this condition, regardless of his stated plans. Paragraph 21 does not distinguish completion date for landscaping as depending on the developers wishes or intended development schedule. 4) If you stand on top of this pile of crushed rock, you can see that it is very flat, presumably to be used for a building, roadway or parking area. All such uses are prohibited in paragraph 20. In early September 2008 1 informed Mr Dave Crawford of the Building Inspection and Bylaw Enforcement department of the above violations. On Sept 11, 2008 1 checked back with Mr Crawford, and he advised me that a building inspector equipped with a portable GPS recorder had surveyed and mapped the work in question on Sept 10. He said that my estimate of 50ft distance from the rock to the property line was not far off. He said that his department would consult with the city solicitor to consider the next step. On 24 Sept, I checked with Mr Crawford again. He told me that the matter had been given to the Planning department for further handling. I spoke with Mr Ken Forrest in early December. He told me that he was unaware of the violations of the Developers Agreement. He said that he would be having an on-site meeting with the developer, and would discuss the issue then. I asked if a Landscaping Plan had been submitted yet by the developer, and he told me that it had not. I spoke again with Mr Forrest on Dec 18. He told me that the original grassed, treed concept for the landscaping plan was being revised. The new plan, still not submitted, would have the sloped transition area covered entirely with crushed rock alone. This was part of the comprehensive plan presented by the developer to address the runoff and groundwater infiltration problems experienced by the even numbered homes on Oakland that directly adjoined the East Point lands. He told me that the developer was having a "good faith" information session that evening for the residents on the even numbered side of Oakland, to present the plan for addressing the water issues. The odd numbered Oakland residents were not invited to the "good faith" meeting!. I attended the meeting, where I was told that the soil overburden on the "sloped landscaped area" would be removed down to the underlying solid rock, and replaced with a graded cover of crushed rock, similar to that found along Retail Drive. Mr David Peacock from Milestone told me that the rock pile surrounding 2 Oakland 24 was not part of this plan, and that the sloped landscaped transition area behind this property would not be built until some unspecified future time, I got two conflicting stories from the Milestone reps about the placement of this rock. W Peacock said that the sub-contractors had piled this rock "by mistake" and once the mistake was discovered, the subcontractor was instructed to stop. Mr John Wheatley said that the rock had "slid" down the slope from higher ground, and was not the result of any intentional action. When you stand on top of the rock, you can see a very flat surface clearly intended as a foundation for future construction, No way this was an accident! As part of the water remedy presentation, Oakland residents were -told how stable the rock slope would be and that it would not move. How could it subside or fall down the hill on it own? Yet again we are gettitg the multi-company run-around, shell game, and finger pointing. I thought that we had seen the end of this during the traumatic and stressful time of the construction of Home Depot.. The buck stops, and the ultimate responsibility lies with, the developer of record East Point Inc. To meet the 160 ft sloped transition area condition of para 19, the rock piled behind and beside 2 Oakland must be almost entirely removed to meet the 13.8in up to 30m elevations given by Milestone at the Dec. presentation, The Costco project site will directly adjoin the land where this rock was piled, For the Costco project, I would presume Developer intended to bulldoze the new crushed rock overcoat down the slope from higher ground. The amount of rock needed (600' frontage x 160ft x 3'dccp = 288,000 ft) is very approximately equal to the amount that was piled behind 2 Oakland (150' frontage x 30' high x (160'-50') x 1/2 248,000 e). There do not appear to be significant technical reasons why the subject rock pile cannot be used up in its entirety to provide the rock overcoat needed for the sloped transition area in the Costco project. This would mean moving the rock sideways along the hill, rather than from the top down.. Any obstacles are economic, not technical. The developer knowingly, and intentionally placed this rock in violation of the Developers Agreement. Any economic consequences are solely theirs to live with. I must state hem that the way that the para. 19 boundaries of the sloped tTansition zone as defined at the end of Oakland St are less than clear. I attempted to have more clear wording included during several discussions with Mr Jim Baird prior to the completion of the developers agreement. He assured me that the way the boundary was defined would provide sufficient protection for Mrs Denton, whose property would be most directly affected. Here is the way Mr Baird indicated the boundary was defined. lhave attempted to clarify this with what I hope is a correct diagram on the next page. The point marked "C" is the back comer of the 2 Oakland property boundary. The boundary of the 160ft sloped transition area is a radius around the comer C of this property. 25 I am hereby appealing to Common Council to provide the political will needed to correct these Section 39 Bylaw violations. Please give the appropriate direction to ensure that the Planning Department adds an explicit condition to Costco building permit approval. A suggested wording could be "The Developer must remove of all of the broken rock added last August down to the original grade. This rock must be removed back to the 160ft sloped transition zone boundary, including the radius area shown above. In accordance with pars 21, this work must be completed by Aug 31, 2009. This is one year from the date that work was commenced on this property. Failure to complete the work by this date will result in the forfeiture of the completion deposit". This is not a Planning department issue. This is a SECTION 39 VIOLATION ENFORCEMENT issue! Paragraph 19 says that the rock cannot stay because the transition area is to be sloped, not an abrupt cliff. Paragraph 20 says that the developer cannot build anything on top of the flat top of the pile. Paragraph 21 says that the placement of this rock constitutes "commencement of site preparation work" and that landscaping must be complete within one year of commencement. Although removal of the rock is not the same as the final landscaping that this paragraph refers to, it would certainly be as good as the final job from the viewpoint (literally) of Oakland St. I expect that East Point Inc. will make a great commotion about how this is uneconomical, and that it will kill the project, etc. We need to be crystal clear here. The placement of this rock, in violation of para 19, 20, and 21 of the Developer agreement that East Point signed was a calculated intentional gamble. Based on recent history, they had no reason to believe that they would be required to obey the rules. In recent developments around the Oakland area, similar violations have had no significant meaningful consequences. In the mid 90's, Haldor Ltd was cited by the building inspector for not complying with zoning on the property now occupied by King Mazda. More recently, in the final rezoning for the remaining strip of residential land between Oakland and the Mazda property, the city staff report revealed that 26 Edge of sloped 160 ft C transition zone.-' radius n rr 2 Oaklan 160 ft 0000o, 50 r *R.O.W I am hereby appealing to Common Council to provide the political will needed to correct these Section 39 Bylaw violations. Please give the appropriate direction to ensure that the Planning Department adds an explicit condition to Costco building permit approval. A suggested wording could be "The Developer must remove of all of the broken rock added last August down to the original grade. This rock must be removed back to the 160ft sloped transition zone boundary, including the radius area shown above. In accordance with pars 21, this work must be completed by Aug 31, 2009. This is one year from the date that work was commenced on this property. Failure to complete the work by this date will result in the forfeiture of the completion deposit". This is not a Planning department issue. This is a SECTION 39 VIOLATION ENFORCEMENT issue! Paragraph 19 says that the rock cannot stay because the transition area is to be sloped, not an abrupt cliff. Paragraph 20 says that the developer cannot build anything on top of the flat top of the pile. Paragraph 21 says that the placement of this rock constitutes "commencement of site preparation work" and that landscaping must be complete within one year of commencement. Although removal of the rock is not the same as the final landscaping that this paragraph refers to, it would certainly be as good as the final job from the viewpoint (literally) of Oakland St. I expect that East Point Inc. will make a great commotion about how this is uneconomical, and that it will kill the project, etc. We need to be crystal clear here. The placement of this rock, in violation of para 19, 20, and 21 of the Developer agreement that East Point signed was a calculated intentional gamble. Based on recent history, they had no reason to believe that they would be required to obey the rules. In recent developments around the Oakland area, similar violations have had no significant meaningful consequences. In the mid 90's, Haldor Ltd was cited by the building inspector for not complying with zoning on the property now occupied by King Mazda. More recently, in the final rezoning for the remaining strip of residential land between Oakland and the Mazda property, the city staff report revealed that 26 the Mazda property was already built some 40 feet onto this residential zoned strip. Why would this developer respect the rules at East Point? Business as usual. Council needs to make a clear policy decision, a line in the sand so to speak. A significant effort was made by Eastmount residents and City Staff to write meaningful protection into the section 39 conditions in this Developer's Agreement. If these major violations are now allowed to go uncorrected, the city will lose significant credibility with developers and more importantly with the residents at large. Why obey the rules? They don't matter. If this is to be the way rules are both written and enforced, I would suggest that the city could save major manpower salary dollars by not employing Planning staff to write these toothless rules, and by not employing Bylaw officers who ignore them. Again, I will go back in time to the original rezoning hearing for East Point. Ms Hooton gave the residents of Eastmount some measure of assurance they would be protected, and that the benefits to the rest of the city from this project would not be entirely at their expense. The only way that this protection will be achieved is if you, the current council, make it so. I hope that you will do the right thing, and enforce the rules. Thank you for your consideration Ian Benjamin 22 Park Lawn Ct Saint John, NB E2K 2B8 672-3625 home 658-6680 work 27 VIEW OF ROCK PILE FROM OAKLAND ST. The line shows the approximate elevation of the original terrain. 28 AGREEMENT Latid Tiflev Act, S.N.B. 1981, c-L-1 .1, s.24 Parcel Identifier: 55 183222, 304535, 55182463, 55 182448 and 55 182455 Developer: East Point Inc. 479 Rothesay Ave Rothesay, New Brunswick E214G7 City: The City of Saint John . 8"' Floor, City Hall Building 5 Market Square PO Box 1971 Saint John, New Brunswick E 2L 4L I Buckley: Buckley, Rowland Goarl 50 Highcliff Court Rothesay, NB E211 2T8 WHEREAS an application was submitted to the Common Council of the City seeking the redesignation and rezoning of lands located at 336 Westmorland Road identified as PID Numbers 55183222, 304535, 55182463, 55182449 and 55182.455 comprising an area of approximately twenty-one (21) hectares (53 acres) in the City of Saint John, hereinafter referred to as "the Lands" and which are shown on the plan annexed hereto and forming a part hereof as Schedule "A", from "RS-2" One and Two Family Suburban Residential, "R-2" One and Two Family Residential, and unzoned former street areas to "SC" Shopping Centre Classification; and WHEREAS the application referred to in the immediately preceding recital set out a specific proposal that the Lands be used for major commercial development consisting of freestanding buildings with individual exterior entrances to the stores and thus being an extension of the format of the current commercial development existing on lands adjacent to the northeast; and WHEREAS the said Common Council pursuant to the provisions of the Community Planning Act, Chapter C-13, R.S.N.B. 1973 as amended, gave third reading to the requested rezoning at its open session meeting held on the 10th day of April, 2006; and WHEREAS pursuant to the provisions of Section 39 of the said Community Planning Act, terms and conditions were imposed by the Common Council in connection with the rezoning, which rezoning shall become effective upon the filing of a certified copy thereof in the Saint John County Registry Office; and 29 r 19. That the Developer must provide a, sloped landscaped area lying along the full width of the northwesterly side of the Lands and having a minimum dimension of 49 meters (160 feet) measured from the rear property lines of the lots fronting on the southeast side of Oakland Street, in accordance with the detailed Landscaping Plan to be prepared by the Developer and for which the Developer must obtain the written approval of the City's Development Officer. 20. That the Developer shall neither construct nor permit the construction of any building, structure or driveway or parking area within the landscaped area mentioned in paragraph 19 hereof. 21. That the Developer must not commence any site preparation work on any portion of Development Sites 4, 5 and 6 illustrated on the said Schedule "A" that are within sixty (60) meters (200 feet) of the mar property lines of the lots fronting on Oakland Street, prior to obtaining the Development Officer's written approval of the detailed landscaping plan referred to in paragraph 19 hereof, said approval not to be unreasonably withheld and having also provided to the City security in the form of cash, certified cheque or an irrevocable standby letter of credit, in an amount to be determined by the City's Development Officer in order to assure completion of the landscaping illustrated on the detailed landscaping plan referred to in paragraph 19, all within one year of the commencement of the preparation work for the said Sites, 4, 5 and 6. 22- That upon the rezoning of the Lands, the Lands and any building or structure thereon must be developed and used in conformity with the Proposal described and the conditions identified herein. Retail Drive 23. The Developer must' a) prepare Detailed Engineering Plans of Retail Drive so-called, including the street identified as Marlborough Avenue, both being located generally as shown on Schedule. "A-2", such plans to be in conformity with the General Specifications of The City of Saint John applicable at the date approval is sought, pursuant to (b) hereof; b) obtain the Chief City Engineer's written approval of the plans referred to in (a) hereof, said approval not to be unreasonably withheld; c) enter into a contract which incorporates the Approved Dctld Engineering Plans referred to in 23(b) hereof and requires that the construction of Retail Drive, be completed in full compliance with the said Approved Detailed Engineering Plans; d) execute to the satisfaction of the Chief City Engineer the Westmorland Road portion of the work identified in the said Approved Detailed Engineering Plans, not later than October 3(i, 2006 except as otherwise expressly provided herein; e) subject to the provisions of paragraph 25(l), execute to the satisfaction of the Chief City Engineer, the remainder of the work identified in the said Approved Detailed Engineering Plans, not later than December 31, 2006; and f) promptly reimburse the City any expense or cost which it may incur in having vacated any Mechanics' Lien affecting the City's property that may be filed or registered with respect to the construction of Retail3prive. "MIT ;�i CID < 0 cv IL Co INS In WiIi. RIM SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E21, 4L1 ,Bureau rtes Commissaires du Service de Police de Saint John C.P. 1971 Saint John 2lrouveau- ,Brunswick Canada E'21, 4G1 DAVID EMERSON Vice Chairl ice President CHARLENE HAYES Secretary /Secretaire MAYOR IVAN COURT Commissioner/ Commissaire DONALD F. CULLINAN Conwdss ,onen%Canw ssaire PETER MC+GUIRE Commissioner /C'ommissaire CHRISTOPHER WALDSCHUTZ Commissioner /C'ommissaire ALLEN G. BODECHON Chief'ofPolicelChef de Police SARAH WILSON Isxecutive Secretary/ Secretaire Administrative TelephonelUMphone: (506) 674 -4142 1 axlTilecopieur: (506) 648-3304 E- mail /Courriel. 1)ohcecotn)nission cc sa ini joh12. ca SAINT JOHN Explore ourpastl Explorez notre passe Discover your futurel Decouvrez votre avenir - January 15, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: Re: Saint John Board of Police Commissioners The Saint John Board of Police Commissioners, at its meeting on January 13, 2009, elected the following Commissioners to serve as the Executive body for the year 2009. They are Commissioners David Emerson, Chair, Charlene Hayes, Secretary, and Christopher Waldschutz, Vice Chair.. Respectfully submitted, Sarah Wilson Executive Secretary 32 M & C — 2009 -010 January 14, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 170 Germain Street BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning application received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearing. The following applications have been received. Name of Location Existing Proposed Auulicant Zone Zone Hughes Surveys 170 Germain Street "IL -1" `13-3" (on behalf of Trustees of the Church of Saint Andrew and Saint David) RECOMMENDATION: Reason To add land to an approved housing development at 181 Charlotte Street. That Common Council schedule the public hearing for the rezoning application of Hughes Surveys & Consultants Inc. (170 Germain Street) for Monday, February 16, 2009 33 Report to Common Council Page 2. at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager KF /skh 34 M &C2009- 12 January 14, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: The 01yof Safia John. CONTRACT NO. 2008 -38: BRAEMAR/PARKHILL DRIVE — SANITARY SEWER AND WATERMAIN RENEWAL, STORM SEWER EXTENSION, AND STREET RECONSTRUCTION BACKGROUND The 2008 General Fund and Water & Sewerage Utility Fund Capital Programs include fiinding for five projects as follows: 1. Braemar Drive (Westmorland Road to Byron Street) — Street Reconstruction including new storm sewer, road widening, excavation, backfill, curb, sidewalk, paving and landscaping. 2. Braemar Drive — Renewal of 250m of 200mm diameter watermain. 3. Braemar Drive — Renewal of 245m of 300mm diameter sanitary sewer with 375mm diameter. 4. Parkhill Drive (Easement between Parkhill Drive and Braemar Drive) — Renew 275m of sanitary sewer. 5. Parkhill Drive — Renew 90m of 200mm diameter watermain. TENDER RESULTS Tenders closed on January 13, 2009, with the following results: 1. Galbraith Constriction Ltd., Saint John, NB 2. ACL Constriction Ltd., Dartmouth, NS 3. Fairville Constriction Ltd., Saint John, NB 4. Debly Enterprises Ltd., Saint John, NB The Engineer's estimate for the work was $1,173,572.66. 35 $ 1,153,082.51 $ 1,185,782.45 $ 1,205,930.35 $ 1,363,599.25 M &C2009 -012 January 14, 2009 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects, with the exception of the tender submitted by ACL Constriction Ltd. The tender submitted by ACL Constriction Ltd. was rejected by the Tender Opening Committee as it did not contain the tender price written in words in accordance with Division 2 — Instructions to Tenderers and Tendering Procedures, Section 2.15 (k). 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 five capital work projects. 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 $1,165,000 was provided in the budgets and that the projected completion cost of the projects included in the contract is estimated to be $1,179,058.69, including the City's eligible H.S.T. rebate - a $36,80939 negative difference in the General Fund Capital Program and a $22,750.70 positive difference in the Water & Sewerage Utility Fund Capital Program. The shortfall ($36,80939) in the General Fund can be managed within the overall program envelope. 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 constriction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2008 -38: Braemar /Parkhill Drive — Sanitary Sewer and Watermain Renewal, Storm Sewer Extension, and Street Reconstruction, be awarded to the low tenderer, Galbraith Constriction Ltd., at the tendered price of $1,153,082.51 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfi lly submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering We Terrence L. Totten, F.C.A. City Manager M & C 2009 -11 January 15, 2009 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Design and Construction Management: Pipeline Road West - Phase 2, Spruce Lake to Gault Road Water Transmission Main Installation BACKGROUND The 01yof Safia John. The 2009 Water & Sewerage Utility Fund Capital Program includes a preapproved project (M &C 2008 -369, December 8, 2008) for the design and constriction of Pipeline Road West Phase 2 Spruce Lake to Gault Road Water Transmission Main, which includes the installation of approximately 3400m of water transmission main and 1400m of smaller water distribution main. The project includes the funding necessary to engage engineering services to complete the following: • site survey and preliminary investigation; • public consultation process; • preliminary design, and design report with cost estimates; • detailed design; • constriction management and inspection services; and • record drawings in digital and hard copy formats. PURPOSE OF THE REPORT The purpose of this report is to make a recommendation for consulting engineering services for the project. ANALYSIS On December 19, 2008, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from CBCL Limited. In response to this request, CBCL Limited submitted a proposal on January 9, 2009. Staff was previously authorized to conduct negotiations with this consultant for this project (M &C 2008- 369, December 8, 2008). 37 M & C 2009 -11 January 15, 2009 Page 2 A Review Committee of staff completed an analysis of the submission: • Brian Keenan, P. Eng. - Engineering Manager, Municipal Engineering • Jeremy Howley - Operations Manager, Water & Wastewater Systems • Dean Price, P. Eng. - Municipal Engineer, Municipal Engineering • Dave Logan, CPPB - Purchasing Agent / Manager, Materials and Fleet Management Each member completed a review of the submission, and a subsequent meeting of the Review Committee was held to jointly discuss the information presented in the CBCL Limited proposal. The upset price contained in the proposal was also evaluated by the Committee and it was determined to be acceptable for submission to Council for approval. The submission from CBCL Limited met all of the requirements of the request for proposal, in a manner acceptable to the committee, with a cost - effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work from CBCL Limited to provide design and constriction management services is approximately $628,914 including the City's eligible HST rebate. An amount of $5,700,000 is included in the project budget for design, constriction management and constriction. Engineering fees to cover the cost of design and constriction management generally do not exceed 12 -17% of the total overall project cost, depending on the nature of the project and the engineering services required. This upset fee is approximately 11.0 % of the total overall project cost, which is considered appropriate for this type of project. RECOMMENDATION It is recommended that the proposal of CBCL Limited for engineering services (design and constriction management) for Pipeline Road West - Phase 2, Spruce Lake to Gault Road Water Transmission Main Installation, be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfi lly submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering �:3 Terrence L. Totten, F.C.A. City Manager )'ID REPO�RT TO COMMON COUNCIL SMMEMBIM MMUM "7411 City of Saint john St,BJECT: Internet, Asset and Electronic Mail Acceptable Use Policy In August of 2008 Common Council approved an Internet, Asset and Electronic Mail Acceptable Use Policy for the City of Saint John. As a result of feedback and concerns raised during the distribution of the Policy to City staff the City's Legal Department was asked to reconsider certain sections of the Policy. The purpose of this report is to present a revised policy to Common Council for approval, =11111� Attached is a copy of the revised Internet, Asset and Electronic Mail Acceptable Use Policy for the City of Saint John, The modifications that have been made to the policy focus on the following areas: - Indemnification: The original policy had a paragraph that stated the signee would indemnify the City. Upon further review and legal advisement, this has been removed. - Signature Page: The original version had a signature page that requested all physically sign and initial each page. This has been removed and we have opted to electronically have all end users acknowledge having read the policy. Method of Delivery: The method has changed from manual paper distribution. The policy will be delivered with a paper memo included in each employee pay advice. In addition, the memo will indicate a date in the future that all will be requested via a web page and upon initial use of the internet, to acknowledge having read the policy. Until this electronic acknowledgement has been received internet access will not be granted. 79H Report to Common Council January 9, 2009 Page 2 The revised policy has been circulated to the executives of all civic unions for review and comment and as of December 2W no further comments/concerns were received. It is recommended that Common Council rescind the current Internet Acceptable Use Policy approved in August of 2008 and that the attached Policy be adopted. Respectfully submitted, Ian Ma/cnn Manager Information Te n ology Terry L. Totten FCA City Manager 40 M Internet, Asset and Electronic Mail Acceptable Use Policy of The City of Saint John Purpose The goals of this policy (the "Policy") are to outline appropriate and inappropriate uses of The City of Saint John's (the "City") Internet resources, including, but not limited to, the use of browsers, electronic mail, file uploads and downloads (collectively the "Internet Resources") as well as any and all physical assets/ equipment owned by the City that may be assigned to an individual and used to access the Internet and/or electronic mail (lap-top computers, desk-top computers, portable internet devices, etc.) (collectively the "City's Assets"). The terms and conditions of the Policy require strict adherence. Any infraction thereof may result in disciplinary sanctions up to and including dismissal as well as other legal actions and consequences. The Policy strives to be comprehensive as it relates to Internet Resources and the City's Assets; however, it does not address every contingency or possible event/violation. Insofar as the Policy does not address a particular contingency or event, the appropriateness of the use of the Internet Resources or the City's Assets is to be measured and evaluated against the general criteria outlined in the Policy. Your Account Internet Resources at the City are controlled through the creation and assignment of individual accounts and passwords. In creating such an individual account, the individual selects a confidential password that is not to be disclosed to or otherwise shared with other employees of the City or other individuals or third party organizations more generally. Each user of Internet Resources or the City's Assets is required to review the Policy and acknowledge such review by reply electronic mail message prior to receiving an Internet access account and password or being assigned one of the City's Assets. Internet Resources are most often accessed and used through the City's Assets; however, this Policy extends to the use of Internet Resources without the use of City Assets. It also applies to using the City's Assets to access the Internet without using the Internet Resources (for example, accessing the Internet via home or hotel Internet services using one of the City's Assets), The Policy establishes the standards to which the use of the Internet Resources and the City's Assets is to be held; however, from time to time it may be Page I 41 necessary for specific departments to deviate from the Policy to address legitimate operational requirements unique to that department. In all circumstances, the manager in charge of each department (hereinafter the "Departmental Manager") is responsible for the following: 1 In conjunction with the Manager of Information Technology, the Departmental Manager shall ensure that the expectations set out in the Policy are conveyed to all employees in his or her department and that the most current version of the Policy is posted in an area of his or her Department where it is readily accessible to all employees. 2. Should legitimate operational requirements necessitate that the Departmental Manager depart from the strict terms of the Policy to address matters or issues unique to his or her department, he or she shall convey to all employees in his or her department, in writing, the extent to which such legitimate operational requirements have resulted in a departure from the strict terms of the Policy. Use Except as provided in paragraph 2 below, an employee must not use Internet Resources or City Assets for any purpose not reasonably related to the discharge of his/her duties as an employee of the City. 2. (i) Notwithstanding paragraph 1 above, and subject to paragraph (ii) hereof, an employee may make "limited personal use" of Internet Resources and City Assets for the purposes of (a) communicating with friends and family; (b) pursuing independent learning (i.e. learning that is not directly related to the performance of one's employment responsibilities); and (c) performing public service (i.e. non-employment related community /volunteer activities). For the purposes of the Policy, "limited personal use" consists of use which does not interfere with the performance of one's employment duties and which occurs strictly on an employee's own time (i.e. during his or her lunch break or during a designated morning or afternoon break). (H) The personal use identified: in subparagraph (i) hereof must not be such as would interfere with the use of Internet Resources or the City's Assets by other City employees in the discharge of their employment duties. 3. By way of example only, and not so as to alter the meaning or application of any provision hereof, an employee must not use Internet Resources and City Assets for: Page 2 42 M (i) illegal or unlawful purposes, including, but not limited to, copyright infringement, obscenity (including the hosting, dissemination or viewing of pornographic, violent or hateful images or material in any form), libel, slander, fraud, defamation, plagiarism, harassment, intimidation or threats, forgery, impersonation, on-line gambling or gaming, soliciting for illegal pyramid schemes, invasion of privacy, and computer tampering (including the spreading of computer viruses, activities commonly known as "hacking" or the illegal downloading or "pirating" of proprietary software, information or programming). (H) circulating mass unsolicited electronic mailings, access to Internet Resources or the City's Assets by individuals who are not employees of the City or the use of Internet Resources for the purpose of uploading and/or downloading files for personal use (subject to paragraph 2 above), accessing pornographic or other objectionable sites, gaming, the dissemination of chain letters and participation in any peer-to-peer network. (iii) viewing, copying, altering, or destroying data, software, documentation, or data communications belonging to the City or any other individual without prior authorization or permission. In addition, individuals may only access those files and materials on the City's network to the extent necessary to carry out the performance of their assigned duties and responsibilities. 2. (iv) sending unreasonably large electronic mail attachments or audio/video files that are not needed for business purposes. Security For security purposes, users may not share account or password information with another person, City Internet accounts, Internet Resources and the City's Assets are to be used only by the assigned user of the accountlasset for the purposes authorized in the Policy. Attempts to obtain another user's account password are strictly prohibited. Any user of a City Internet account who has reason to believe that an unauthorized person has learned his or her password is under a positive obligation to immediately contact the service desk to obtain a new password. Users shall take all necessary precautions to prevent unauthorized access to Internet Resources or the City's Assets. Failure to Comply Violations of the Policy will be treated like other allegations of wrongdoing at the City. Allegations of misconduct by misuse of the Internet Resources or the City's Assets will be adjudicated according to established disciplinary policies and procedures. Sanctions for inappropriate use of Internet Resources or the City's Assets may include, but are not limited to, one or more of the following: Page 3 43 1. Temporary or permanent revocation of access to some or all Internet Resources and/or the City's Assets; 2. Disciplinary action in accordance with established disciplinary policies and procedures up to and including dismissal; and/or 3. Legal action in accordance with applicable laws and contractual agreements. Monitoring and Filtering The City may monitor any use of Internet Resources or the City's Assets. The City currently uses filtering software to limit access to identified sites on the Internet (including web-based electronic mail accounts, Facebook and other online networking forums, and several generically identified websites containing objectionable or inappropriate materials). This filtering software is not designed to, nor can it be expected to, limit access to all objectionable or inappropriate materials on the Internet and the failure of such filtering software to block access to such materials in a particular instance is not an answer to the sanctions contemplated in the Policy. If the City discovers activities or has reason to suspect activities which do not comply with the applicable law, or policies, business practices or administrative procedures of the City, records respecting the use of Internet Resources and the City's Assets may be retrieved without prior notification n to the individual involved for the purpose of establishing and documenting inappropriate use of Internet Resources or the City's Assets. Should activities or suspected activities trigger an investigation, the individual that is the subject of such investigation is obligated to cooperate with any such investigation and may be subject to additional disciplinary or legal consequences should such investigation reveal that positive steps were taken by the individual under investigation to frustrate or otherwise interfere with the integrity of the investigative process (by, for example, altering or deleting data that is material to the investigation and that would implicate an individual respecting her or his inappropriate use of Internet Resources or the City's Assets). Disclaimer The City assumes no liability for any direct or indirect damages arising from the user's connection to and use of Internet Resources or the use of the City's Assets and, in particular, assumes no liability for any direct or indirect damages suffered by a user arising from his or her personal use of the Internet Resources or the City's Assets. The City is not responsible for the accuracy of information found on the Internet and only facilitates the accessing and dissemination of information through its systems. Individuals are solely responsible for verifying the accuracy and currency of any and all material that they access, use and 44 M disseminate through the Internet. We encourage individuals to use the Internet Resources and the City's Assets responsibly. Should you have any questions regarding the Policy, contact Ian MacKinnon, the City's Manager of Information Technology, at 506.649.4350 or via electronic mail at ian.mackinnon@saintjohn.ca. Page 5 45 M & C — 2009 -007 January 16, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed public utility easement In October of 2008, tentative approval was given to a subdivision proposing to exchange two parcels at the rear of an unserviced residential lot along Clayton Lane. Assent from Council was not required at that time as the subdivision did not propose to create any new public streets and did not require any lands for public purposes. However, the recently submitted final plan includes a public utility easement, for which the assent of Council is required. RECOMMENDATION: That Common Council assent to the attached photo - reduced Amending Subdivision Plan — Leila R. Cathline and Marilyn V. Simonds Subdivision with respect to any necessary public utility easements. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager I» 46 47 an FOR E ELI Sill 11 1 y 021 MRS a IN, MIST is if! 2 CL oak 48 M & C — 2009 -09 January 16, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: STOP -UP AND CLOSE PORTION OF KING STREET EAST BACKGROUND: Hughes Surveys and Consultants Inc. are representing the owner of three adjoining properties at civic 4207, 211 and 215 King Street East. These three properties each contain multi -unit apartments. During recent survey work for these properties it was discovered there existed slight building encroachments of the building facades and foundations by the three buildings onto the street right - of -way for King Street East. The portion encroached on by civic 4207 contains an area of 0.4 square metres and is 0.05 metres wide at its deepest point. The area encroached on by civic 4211 to 4215 contains an area of 2.1 square metres and is 0.21 metres deep at its widest point. The owner is requesting to stop -up and close, and subsequently purchase the small slivers of the street right -of -way to allow the conversion of the apartments contained on these three properties to condominium units. ANALYSIS: The section of King Street East to be stopped -up and closed is a very minor sliver of the street that will not impact any of the municipal services contained within the right -of -way. City Engineering has no objection to the closure and subsequent sale of this portion of King Street East. Staff and the proponent have discussed the sale price for the affected parcel of land and are in agreement. The proponent will be responsible for all costs associated with the street closure; including advertisement, translation, survey work and a nominal price for the land. Staff would provide a further report to Council for their consideration on this matter once the total price is determined. The recommendation contained in this report will facilitate the process for the street closure of the subject property. 49 RECOMMENDATION: That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 0.4 square metre ± and a 2.1 square metre ± portion of a public street known as King Street East, be set for Monday, February 16, 2009 at 7:00 p.m. in the Council Chamber. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager CL /c 50 o 0 m 0 7s n 81 '3 216 0 m m O + 240 000�ig00 ° ° 153 242 147 149 1 139 43 256: 135 Ow O ran R ra 144 148 138 140 130 132 134 0 o 0 0 58 ° o � o ° ° W 2R 66 N tI Wingst'�� Wing 270272 2 "" wL " O 70 w 1, N N O O ° O W W W m W W W m i Description of Plan: Stop Up and Closure of portion of King Street East and Subsequent Sale for Apartments /Condominiums. N PID: Adjacent to 16550, Address: Civic #207, 211 and 215 k 17947 and 17954 A Pan: N/A Date: January 9, 2009 51 •• i • •� � r d �� � � � fi �d "eb a8 bS =S - � w 3 y di�iii jj 0 •� � � � � ����, �! NNNNNNNNNNNp � � t2 g a� will m L + @! I i ■ + +i! ° on acs L TA trat pm jog on sm gg � N a }� - a t sfa s / �yunwe yy giQ I4 009 %V L I . oz tf �� January 13, 2008 Mayor and Council City of Saint John Re: Mispee Park As per our contractual agreement, we hereby submit our Income Statement for the 2008 year. We have not included a proposed budget for operation of the Park for the 2009 season as there are a few concerns that we need to address. Our first concern is the deterioration of the building, in particular the floor in the canteen, the support posts under the building and the ventilation fan in the canteen... Also of concern is the erosion of the ground between the parking lot and the beach. Due to our severe winter weather the ground, which contains a lot of clay, slides down the bank causing damage to both sets of stairs in the area. At present a section of the asphalt across the front of the lot has dropped between 2 and 3 feet. A third set of stairs, which was approximately 35 feet long, had to be completely replaced last year due to storm damage and deterioration. These stairs were about ten years old. The Federal Government has reduced our student subsidy from 3 to 2 students last year, thus increasing our operation costs.. An increase in vandalism at the Park is also a concern. Before any agreement can be entered into, we will need to meet with City Staff and go over, in detail, plans for the 2009 season. Yours Truly, an Chairman ispee Park Recreation Committee Inc. a266 RED READ ROADI P 0. BOX 2414, SAINT JOHN, N.D. E2L �Vi PHONE 6 ! +, MISPEC PARK RECREATION COMMITTEE INC INCOME STATEMENT January 1, 2008 to December 31, 2008 ff _41W,119143 City of Saint John Grant $23,500.00 Canteen Revenue $13,700.77 Canada Day Revenue $1,134.48 Other (Donations, FIST rebate) $1,416.23 Total Revenues: $39,751.48 OPERATING EXPENSES: Salaries $19,,977.45 Less reimbursements: $15,441 = Net salary cost: $ 4,535.90 Canteen Expenses (Food ) $8,481.09 Casual Labour & sub-contracts $11,369.50 Equipment (Canteen & Maint) $7,142.36 Miscellaneous Expenses $6,770.99 Volunteer Gas $1,267.00 Total Expenses: $39,566.84 NET INCOME: $ 184.64 Bank Balance brought forward Jan 1, 2008 $9,586.09 BANK BALANCE AT December 31, 2008 $9,770.73 54 NUspec Park Recreation Committee Inc. Income Statement January 1, 2008 to December 31, 2008 Revenues: Granr (City) Canteen Revenue Canada Day Revenue Other Donations & Grants Total Revenue Operating Expenses: Salaries Expense Miscellaneous Expenses Sub-contracts and Casual Labour Canteen Expense (Equipment & Supplies) Maintenance Equipment and Supplies Canteen Expense (Food) Volunteer Gas Total Operating Expenses Net Income $23,500-00 $13,700.77 $1,134.48 $1,416-23 $4,535.90 $6,770.99 $11,369.50 $56.45 Mbpec Park Recreation Committee Inc. Trial Balance at December 31, 2008 Bayview - Chequing City Grant Canteen (Food vs Revenue) Canteen Equipment Maintenance Equipment and Supplies Sub-contracts and Casual labour Miscellaneous Expenses Salaries Canada Day Capital Volunteer Gas Im 55 $7,085-91 $8,481.09 $1,267-00 $9,770.73 -$23,500.00 -$5,219.68 $56.45 $7,085.91 $11,369.50 $6,770.99 $4,535.90 41,134A8 -$1,416.23 $1,267.00 $9,586.09 $39,751.49 $39,566.94 $184.64 A - - Application for a Zoning By-law Amendment Demande de modification A VarreM sur le zonage Municipod Plan Arne Applicant-Related Information / Reuseignements sur le demandeur Name of Applicant !Nom du dcmandear iJ S P iE V U_ O V !^9 C^_/ T S rN C Mailing Address of applicant / Addrmw postale du demand= r SO Sf�� 1 • �� 5 A X,N j 3' 0 Et \) fV 1, 'Postal Code I Code postal 2 K S E 7 Telephone Number / Numdro de tdldphone 6 - b S- C) s- 3 Home / Domicile r Work / Travail Fax Number / Numdro de. tdldoopieur S0 b ~ s $ - 5- W ( I Name of Property Owner (if different) / Nom du propridtaire (si different) SorM4 E- Address / Adresse Postal Code / Code postal Property Information / URenseignnements sur la proprii.0 Location / Emplacement i 5- DO,9 9S H E A-D C-D • Y 9? 33 Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot Z7 1-� Street Frontage / Farade sur rue Existing Use of Property / Utilisation actuelle de la propridtd 5 ='`� �� `"r` Z L Municipal Plan land Use Designation Ddsignation de. utilization des terres sur le plan municipal Amendment Requested / Modification demandee Present Zoning / Zonage actuel e_ I CK Change Zoning to / Modification du zonage A and/or / ou es1`dc. -�owtj m;c,,SELT14 El Text Amendment (indicate particulars) / Modification due texte (indiquez les d6tails) +D na"ryY10- 0 cq /t abed ,vjdtt :e go-gz-unr 56 :L£8Z9g9 'NHO INIVS A-LIa :AG Iua5 Development Proposal / Proposition d'aminagement Description of Proposal /Description de la proposition C ON2 e+4CT A {zbw ©F TL,0 Sr`o ec �X4Kr,C 6 K To 6REAJT -W 00b Cfe ES . You must provide a scaled site plan that Illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any otherform ofinformation. Theplan must show the dimensions of the property, the location of all buildings, drtveways, parking areas, landscaping and signs. It is Important that the distance between the property boundary and buildings are shown. 7-prvN Ito 4 7 f S Vous devez fournlr un plan du site d Peehelle Illustrant votre proposition. Yous pouvex dgalement fournir des ph0tographies, des plans de bdtiment, des desslns de plan d`dJdvation et toute outre forme de renseignement. Ie plan dolt indiquer les dimensions de la propridtd, 1`emplacement de la tota!W des bdtiments, des alleles, des aires de stationnement, desamdnagementspaysagerset despanneaux de stgnalisation. 11 est Important d'indiquer la distance entre les limi(es de la propridtd et les bailments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignement eoncernant votre proposition qui pounait titre approuvdes. [okl pc =t" F_.v1- TH r: New r7£Vtc0Ph4 ENT ot. coN-D RPhOeT �-rS F-) F- 0T.-V1D I Kzs PRoF&TY 6CbfV -(C0V C)CzST=,IC- Q{Zo PC2T Y. "V /1=rH tvBV C-D 94 LITRE SZG NsFXCA -'j-T 0 E PAzeS. .Provide any other information about your proposal that would be helpful. I Fournir tout autre renscignement coneernant votre proposition qui pourrait 8tre udle. CREASE THE TAX (� fK E M o 0 E ieiu s `2, £ THE ,=•v r /Z rAS E Signature of Applicant / Signature du demandeur Date 'r— $400 Application Fee Enclosed / Ci-joint Its frais de demande de 440 s Yfyou are not the owner ofthe land in question Si vousWetespas le propridtaire du terrain en question, please have the owner sign below. The signature of veuillex oblenir la signature du propridtaire dons la partie the owner is authorizing this application to proceed cl- dessous. La signature du propridtaire autorlsant le for consideration by Common Council. frolternent de la prdsente demande pour qua cetfe derniere soil exanrindc par le conscil communal. Signature of Owner (if applicable) Signature due propridtaire (s'il y a lieu) Datc: 915 aged .Wdtl:E 9o-9Z -unf 57 = L69Z899 `•NH ❑r 1NIdS AIIO :A9 luos Map Scale / tchelle cartographique 1 : 500 M While this map may not be Tree from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. it is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. MOme si cone carte n'est peut -titre pas libre de toute erreur ou omission, toutes les pr6cautions ont 6t6 prises pour en assurer la meilleure quality possible. Cone carte est une repr6sentation graphique approximative des terrains (limites, dimensions, configuration at emplacement). Elie n'a aucun caractbre official et ne doit dons pas servir A la r6daction de la description officielle d'un terrain ni au calcul de ses dimensions exactes o5ugde sa superficie. I I T do C)x ks� I I City of Saint John INTERNAL INSERTION ORDER 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 6744214 Special Instructions (if any): Reference: 435 Boars Head Road Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): December 23, 2008 January 13, 2009 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal IN Public Notice Sub- Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common ClerklGreffiere communale Contact: Telephone: (506) 658 -2862 .f PROPOSED MUNICIPAL PLAN AMENDMENT RE: 435 BOARS HEAD ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan and consider a proposal at its regular meeting to be held on Monday, January 19, 2009 at 7:00 p.m. in the Council Chamber, by: Amending Section 3.4.4 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES — Projects and Proposals — Development Area D: Boars Head Road) by adding the following sentence at the end of the second paragraph under the heading "Development Theme /Character ": "Townhouses may also be developed on the parcel of land located at 435 Boars Head Road (PID 00049833)." REASON FOR CHANGE: To permit the development of townhouses. The proposed amendments 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 -4082 AX PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 435, CHEMIN BOARS HEAD Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'am6nagement municipal et indique son intention d'examiner une proposition, lors de la r6union ordinaire qui se tiendra le lundi 19 janvier 2009 a 19 h dans la salle de Conseil, en apportant les modifications suivantes: La modification de I'article 3.4.4 du Plan secondaire de Millidgeville (LIGNES DIRECTRICES RELATIVES A LA CONCEPTION DE SECTEURS D'AMENAGEMENT : projets et propositions relatifs au secteur d'am6nagement ((D)): chemin Boars Head) en ajoutant la phrase suivante a la suite du deuxi6me paragraphe sous la rubrique « Th6mati ue et caract6risti ue de 1'am6naaernent» : « Les maisons en rang6e peuvent aussi etre am6nag6s sur la parcelle de terrain situ6e au 435, chemin Boars Head (NID 00049833). RAISON DE LA MODIFICATION: Permettre 1'amdnagement de maisons en rang6e. Toute personne intdress6e peut examiner les modifications propos6es au bureau du greffier communal ou au bureau de I'urbanisme et d6veloppement a I'h6tel 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 f6ri6s. Veuillez faire parvenir vos objections au projet de inodification par ecrit a 1'attention du soussign6 a 1'h6tel de ville. Elizabeth Gormley, Greffi6re communale 658 -4082 62 PUBLIC NOTICE AVIS PUBLIC Public Notice is hcioby given that the Common Pat Icsprescntes, unavis public estduunc par lequclle Council of The City of Saint John intends to consider conscil communal de The City of Saint John milique an amendment to the Municipal Development Plan son intention do modifier to plan d'amcnagemciit and consider a proposal at ]IS regular meeting to be municipal el mdique son intention d'examiner unc held on Monday. Januan 19. 2D09 at 7:DD p.m. in the proposition, lots de la reunion ordinaire quo so Council Chamber, by: liendia le lundi 19 jam ier 2009 i 19 h dans la salle do Conseil, en apportant les modifications suivantes: Amending Section 3 4 4 of the Milledgeville La modification de Particle 3.4 4 du Plan secondaire Secondary Plan (DEVELOPNIENT AREA de Millidgetiille (LIGN'ES DIRECTRICES DESIGN GL'IDELINES — Projects and Proposals RELATIVES A LA CONCEPTION DE — Development Area D- Boars Hcad Road) by SECTEURS D'AMENAGEMENT : projets et adding Ilic fullotiung sentence at the end of the propositions relalefs au secleur d'amenagement «Do second paragraph undo- the heading "Development : chemin Boars Head] en ajoutant ]a phrase suivaute ThcinclCharacler ": i la suite du deuxieme paragraphe sous la rubnque uThemalique et caractermique de I amenagement�, : N Les maisons en rangee peorent aussi e1% "Too nhouses may also be developed on the parcel of land located at 435 Boars Head amenages Sur ]a parcelle de terrain situee au Road (PID 00049833►." 435, chemin Boars Head (NID 00049833) N REASON FOR CHANGE: RAISON DE LA MODIFICATION: To permit the development of lownhouses. Pernicare 1'amenagemcm de maisons en rangee. The proposed amendments may be inspected by any Toole persumic intcressce pout examiner lcs interested person at the office of the Common Clerk, niodiheations proposces au bmcau du grellicr or in the office of Planning and Development. City communal ou au bureau do I'urbamsme ct Hall, 15 Markel Square, Saint John, N B. between the dcveloppement a 115tel de vide au 15, Market hours of 8:30 a.m. and 4:30 p.m., Monday through Square, Sauil John. N. -B„ entre 8 h 30 et 16 It 30 du Friday, mclushe, holidays excepted. lundi au cendredi, sauf les iours lenes, Wniten objections to the amendment may Veuillez faire panenir %os objections au projel de be sent to the undersigned a[ City Hall. modification par cent a ]'attention du soussigne a 116tel de ville. Elizabeth Gormley, Common Clerk Elizabeth Gormley, Grelfiere communaie 6584082 658 -4082 P.O. 62 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 .... ............... �...... ................. ��00000000000000000� .....�00000000�. . ..... __Department: Common Clerk's Office (Account # 71206 Contact: Elizabeth Gormley Phone: (506) 658 -2862 Fax: (506 ) 6744214 Special Instructions (if any): Reference: 435 Boars Head Road MPA— Oct 14, 2008 Public Presentation Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, September 30, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal IN Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erk/Greffiere communale Contact: Telephone: (506) 658 -2862 63 PROPOSED MUNICIPAL PLAN PROJET DE MODIFICATION DU PLAN AMENDMENT MUNICIPAL Public Notice is hereby given that the Common Par les pr6sentes, un avis public est donne par Council of The City of Saint John intends to lequel le conseil communal de The City of Saint consider an amendment to the Municipal John a ]'intention d'etudier la modification du plan Development Plan which would: d'am6nagement municipal comme suit: Amend Section 3.4.4 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES — Projects and Proposals — Development Area D: Boars Head Road) by adding the following sentence at the end of the second paragraph under the heading "Development Theme /Character "': "Townhouses may also be developed on the parcel of land located at 435 Boars Head Road (PID 00049833)." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Tuesday, October 14, 2008 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the development of townhouses. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by November 13, 2008. Enquiries may be made at the office of the Common Clerk or 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. Elizabeth Gormley, Common Clerk 658 -2862 64 La modification de ]'article 3.4.4 du Plan secondaire de Millidgeville (LIGNES DIRECTRICES RELATIVES A LA CONCEPTION DE SECTEURS D'AMENAGEMENT : projets et propositions relatifs au secteur d'amenagement « D »: chemin Boars Head) en ajoutant la phrase suivante a la suite du deuxi6me paragraphe sous la rubrique Th6matioue et caract6ristiaue de I'amena ement)> : Les maisons en rangee peuvent aussi titre am6nag6s sur ]a parcelle de terrain situ6e au 435, chemin Boars Head (NID 00049833). >> Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil communal le mardi 14 octobre 2008 dans la salle du conseil, au niveau du hall d'entr6e, a 1'h6tel de ville. RAISON DE LA MODIFICATION: Permettre 1'am6nagement de maisons en rangee. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 13 novembre 2008 a ]'attention du soussigne. Pour toute demande de renseignements, veuillez communiques avec le bureau du grefiier communal ou le bureau de Purbanisme et du d6veloppement a l'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi an vendredi, sauf les jours f6ries. Elizabeth Gormley, Greffi6re communale 6582862 BY-LAW NUMBER C.P. I 10- A LAW TO AMEND THE ZONING BY-LAW LV1WzNV1L*llhi1 Be it enacted by The City of Saint John in Common Council convened, as follows: ARR.9A No C.P. I 10- ARRCTt MODIFIANT L'ARRtTt It i t SAINT JOHN Lars d'une r6union du conscil communal, The City of Saint John a d6cr6t6 ce qui suit: The Zoning By-law of The City of Larr&6 sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, d6cr&6 le dix-neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modifi6 par: - all as shown an 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-low the 0 day of *, A.D. 2009 and signed by: Mayor/Maire - toutes les modifications sont indiqu6es sur le plan ci-joint et font partie du pr6sent arrat6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsen( arr&6 le 2009, aver les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premi6re lecture Second Reading - Deaxieme lecture Third Reading - Troisi&me lecture 65 0 WIAA EJJL110116�� 9 NUMMMU Be it enacted by The City of Saint John in Common Council convened, as follows: 61 il UI 417, Illy 1"Wo NOW Lors d'une reunion du conscil communal, The City of Saint John a MIU6 ce qui suit; The Municipal Plan By-law of The Uarr&6 relatif au plan municipal de City of Saint John enacted an the 3rd day The City of Saint John d&cr6t6 le of January, A.D. 2006 is amended by: 3 janvier 2006 est modifi6 par: "Townhouses may also rP;� - al I 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 to this by-law the * day of *, A.D. 2009 and signed by: oLes maisons en rangde la parcelle de terrain situ6e au 435, chernin Boars Head (NID 00049833).)) - toutes les modifications sont indiqudes sur le plan ci-joint et font partie du pr6sent arret6. Eil F01 DY, a fait apposer son sceau communal sur le pr6sent arr&6 le 2009, avec les signatures suivantes: Common Clerk/Greffi6re communale First Reading - Premi6re lecture Second Reading - Deuxi6me lectur-. Th,ird Reading - Troisi�me lecture '0 0 'n January 14, 2009 Your Worship and Councillors: SUBJECT: Municipal Plan Amendment and Rezoning - 435 Boars Head Road On December 8, 2008 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 13, 2009 meeting. Mr. Peter Pappas appeared to speak in support of the application and indicated that he was in agreement with the staff recommendation except with regard to conditions b), d) and e). Mr. Pappas pointed out the he felt condition b) requiring curbing of paved and landscaped areas inappropriate for a development of this scale with only three residential driveways. He pointed out that the drainage study required in condition d) is also too onerous for a development of this scale, and questioned whether the subject site were included in the area of concern noted in the July 24, 2007 report to Common Council regarding storm drainage. Finally, Mr. Pappas noted that the servicing study noted in condition e) should not be required as he will only be installing laterals from the main on Boars Head Road for six townhouse units. Staff were in agreement with these concerns, and indicated that further discussions would be had with the Department of Municipal Operations and Engineering regarding these suggested requirements. As a result, the Committee adopted the revised recommendation as set out below. No one appeared to speak in opposition to this application and no letters were received. RECOMMENDATION: That Common Council amend Section 3.4.4 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES — Projects and Proposals — Development Area D: Boars Head Road) by adding the following sentence at the end of the second paragraph under the heading "Development Theme /Character ": 67 Planning Advison- Committee Januan- 16, 2009 Page 2 "Townhouses with shared driveways onto Boars Head Road may also be developed on the parcel of land located at 435 Boars Head Road (PID 00049833)." 2. That Common Council rezone a parcel of land with an area of approximately 2,480 square metres, located at 435 Boars Head Road, also identified as PID Number 00049833 from "R -113" One Family Residential to "TH" Townhouse. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approximately 2,480 square metres, located at 435 Boars Head Road, also identified as PID Number 00049833 be subject to the following conditions: a. Development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, illustrating the location of all buildings, strictures, parking areas, driveways, signs, landscaping and other site features; b. All parking areas and driveways be paved with asphalt; c. Development of the site be in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer or his designate, including the installation of any necessary catch basins; d. If required, development of the site be in accordance with a detailed drainage study prepared by the developer's engineering consultant demonstrating no net increase in storm drainage flow from the area, subject to the approval of the Department of Municipal Operations and Engineering, and that no building permit be issued for the development until such time as the plan has been approved; e. If required, development of the site be in accordance with a detailed servicing study, prepared by the developer's engineering consultant and subject to the approval of the Chief City Engineer or his designate, ensuring that existing infrastructure capacities are adequate to service the proposed development; f. All main buildings be serviced by municipal water and sewer and underground public utilities; g. The facades of all main buildings be constricted in accordance with a detailed elevation plan prepared by the developer and subject to the approval of the Development Officer; .. Planning Advison- Committee Januan- 16, 2009 Page 3 h. All areas not occupied by buildings, parking areas and driveways be landscaped and all site improvements indicated on the approved site, landscaping and building elevation plans be completed within one (1) year from the issuance of a building permit for the development. The Committee also recommended that staff provide further comment regarding the requirements for a drainage study and a servicing study prior to third reading of the proposed amendments. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 08 -476 '• PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT C�[eY C I - 1 Wig: R M- 1 ,..ter Ct. R -1$ •i.i.r.,Cn. $otr! Hid Rd. ..ni.. *................ 1 « IL - 1 - - w R -1A Subject Site /site en question: Location: 435 chemin Boars Head Road Date: December 29, 2008 Scale /echelle: Not to scale /Pas a Mchelle c R -1Br m a P I D(s)IN I P (s): 00049833 I Map Scale! Echelle cartographique i : 600 While this map may not be free from error or omission, care has been taken to ensure the best possibie quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. N A M6me si cette carte n'est peut -titre pas libre de toute erreur ou omission, toutes [as precautions ont W prises pour an assurer la meilleure quality possible. Cette carte est une repr6sentation graphique approximative des terrains (iimites, dimensions, configuration at emplacement). Ella n'a aucun caractere official et no dolt donc pas servir & la r6daction de la description off icielle d'un terrain n au calcuI de ses dimensions exactas ou de sa superficia. FA DATE: JANUARY 9, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 13, 2009 Sarah Herring, MCIP, RPP Planner SUBJECT: Name of Applicant: NIP Developments Inc. Name of Owner: NIP Developments Inc. Location: 435 Boars Head Road PID: 00049833 Municipal Plan: Low Density Residential Zoning: Existing: "R -1B" One Family Residential Proposed: "TH" Townhouse Proposal: To develop six townhouse units. Type of Application: Municipal Plan Amendment and Rezoning JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed Municipal Plan amendment rezoning applications. The 73 NJP Developments Inc. 435 Boars Head Road Page 2 Januan, 9, 2009 Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, January 19, 2009. STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend Section 3.4.4 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES — Projects and Proposals — Development Area D: Boars Head Road) by adding the following sentence at the end of the second paragraph under the heading "Development Theme /Character ": "Townhouses with shared driveways onto Boars Head Road may also be developed on the parcel of land located at 435 Boars Head Road (PID 00049833)." 2. That Common Council rezone a parcel of land with an area of approximately 2,480 square metres, located at 435 Boars Head Road, also identified as PID Number 00049833 from "R -113" One Family Residential to "TH" Townhouse. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approximately 2,480 square metres, located at 435 Boars Head Road, also identified as PID Number 00049833 be subject to the following conditions: a. Development of the site be in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, illustrating the location of all buildings, strictures, parking areas, driveways, signs, landscaping and other site features; b. All parking areas and driveways be paved with asphalt, and all paved and landscaped areas be enclosed with cast -in -place concrete curbs where necessary to facilitate proper site drainage and protect landscaping; c. Development of the site be in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer or his designate, including the installation of any necessary catch basins; d. Development of the site be in accordance with a detailed drainage study prepared by the developer's engineering consultant demonstrating no net increase in storm drainage flow from the area, subject to the approval of the Department of Municipal Operations and Engineering, and that no building permit be issued for the development until such time as the plan has been approved; 74 NJP Developments Inc. 435 Boars Head Road Page 3 Januan, 9, 2009 e. Development of the site be in accordance with a detailed servicing study, prepared by the developer's engineering consultant and subject to the approval of the Chief City Engineer or his designate, ensuring that existing infrastructure capacities are adequate to service the proposed development; f. All main buildings be serviced by municipal water and sewer and underground public utilities; g. The facades of all main buildings be constricted in accordance with a detailed elevation plan prepared by the developer and subject to the approval of the Development Officer; h. All areas not occupied by buildings, parking areas and driveways be landscaped and all site improvements indicated on the approved site, landscaping and building elevation plans be completed within one (1) year from the issuance of a building permit for the development. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed Municipal Plan Amendment and Rezoning: a) Detailed engineering plans for water, sewers and the street must be submitted by the developer's engineering consultant to the City for review and approval. b) As per a Council Report dated July 24, 2007, this area has been identified to be within an area where new development proposals are required to demonstrate no net increase in storm drainage flows from the area until such time as the capacity of downstream systems (surface and sub - surface) have been sized to handle additional flows. The developer's engineering consultant must provide to the City for review and approval a storm water management plan indicating how storm water collection and disposal will be handled and that it will not adversely impact adjacent properties and will adhere to the Council resolution adopted in 2007. Upgrades to existing infrastructure by the developer may be required. Detailed engineering plans must be submitted to the City by the developer's engineering consultant. c) The developer's engineering consultant must ensure that the existing water system is of sufficient quantity and pressure for the proposed development. This information is to be submitted to the City for review. 75 NJP Developments Inc. 435 Boars Head Road Page 4 Januan, 9, 2009 d) The developer's engineering consultant must ensure that the existing sanitary system is capable of receiving anticipated peals flows from the proposed development. This information is to be submitted to the City for review. e) All grades for water and sewer systems must be verified by the developer and /or his engineering consultant. f) The development will require water, sanitary and storm sewer systems, concrete curbs, concrete sidewalks, landscaping, underground public utilities and street lighting. g) The developer should be aware that the City has received an application for development from an adjacent landowner. Coordination of developments may be beneficial for servicing. Buildings and Inspection Services has no concerns with this application. Saint John Energy presently has overhead service at the front of the subject lot. If an extension of service is required this will be discussed with the developer at a later date. Please advise if this will require underground or overhead service. Aliant Telecom has no issues with this development. Aliant will work jointly with the developer and Saint John Energy as this development transpires. Please advise if this will be serviced via underground services. Saint John Transit provides service along Boars Head Road with the Millidgeville bus service. Fire Department has no objection to this application provided that fire separation within the building units and between buildings satisfies the requirements of the National Building and Fire Codes. ANALYSIS: The subject site is located on Boars Head Road, west of the Wesleyan Church and across from the Kennebec Manor in Millidgeville. The site, which currently contains a single - family dwelling, has approximately 41 metres (134.5 feet) of frontage on Boars Head Road and contains approximately 2,480 square metres (0.6 acres) of area. The surrounding area contains several institutional uses, including the Wesleyan Church, Kennebec Manor, Chateau de Champlain and the Millidgville North and Samuel de Champlain schools fiirther to the west of the subject site. Aside from these uses, the surrounding area is primarily residential, with a mix of single and two - family dwellings, Brentwood Towers condominiums, townhouses and the recently approved condominium or apartment buildings Fee NJP Developments Inc. Page 5 435 Boars Head Road Januan, 9, 2009 directly behind the subject site at 445 Boars Head Road. There are also several large undeveloped parcels of land to the south and southwest of the subject site. Development Proposal and Zoning The applicant is proposing to remove the single - family dwelling currently on the site and constrict six attached, three- storey townhouse units. As shown on the attached site plans, a total of three access driveways off Boars Head Road would be shared between the six townhouses (with two units sharing each of the driveways). In order to permit this development, the applicant is seeking to amend the Millidgeville Secondary Plan and rezone the subject site from "R -113" One Family Residential to "TH" Townhouse. The proposed townhouses can meet or exceed all of the requirements of the "TH" Townhouse zone. Municipal Plan and Millidgeville Secondary Plan Policies The Municipal Plan has designated this area of the City as Low Density Residential, permitting the proposed townhouse development. However, the Millidgeville Secondary Plan, Development Area D: Boars Head Road, states that: "Townhouses would be most appropriate along the Boars Head Road area nearest Millidge Avenue and on the northerly side of Boars Head Road. To prevent each unit from having individual access onto Boars Head Road, the units should be located on cul- de -sacs or in clusters with one access to Boars Head Road for a group of units. The higher land to the south would be most appropriate for one - family dwellings." As a result, text amendments to the Millidgeville Secondary Plan are required to permit the proposed townhouses at this location and to permit them to have shared, but multiple, access driveways onto Boars Head Road at this location. The proposed text amendment would add the following to the Secondary Plan: "Townhouses with shared driveways onto Boars Head Road may also be developed on the parcel of land located at 435 Boars Head Road (PID 00049833) ". Recent amendment to the Plan have permitted a mix of one - family and two - family dwellings, townhouses and apartments for the adjacent Cambridge Estates development, and apartments at 443 Boars Head Road, directly behind the subject site. These recent approvals and the continuing development of this area make the establishment of townhouses on this site logical and in keeping with the surrounding neighbourhood. Given the site configuration and the proposed design of the townhouses, with all six attached and having the same front line, it would be difficult, if not impossible, to provide a single access driveway to all six of the proposed units. As well, the proposed siting of the townhouses provides 77 NJP Developments Inc. 435 Boars Head Road Page 6 Januan, 9, 2009 a larger rear yard, offering additional greenspace and buffering between these units and the recently approved condominiunVapartment buildings at 445 Boars Head Road. The proposed multiple driveways can be supported as Boars Head Road is designated as a local street by the Municipal Plan and does not experience overly heavy traffic. As well, Municipal Operations and Engineering has not indicated any concerns with the proposed multiple driveways at this location. The Secondary Plan also directs that a visual buffer should be developed or maintained along Boars Head Road, that developments should be served by internal streets, and that all services in the area should be of the highest standard including underground wiring. These requirements and the general objectives and policies of the Plan should be applied to the current proposal to ensure that the objectives of the Millidgeville Secondary Plan are met. CONCLUSION: Although the Millidgeville Secondary Plan does not currently permit townhouses on this site, the proposed development is in keeping with recent developments in the area and is supported. While multiple driveways with direct access to Boars Head Road are also not permitted by the Municipal Plan, and may not be ideal, the proposed shared driveways for these townhouses can also be supported as there are only three driveways proposed and Boars Head Road is not an overly busy street in this area. It is recommended that conditions reflecting the servicing and drainage issues in this area as well as standard conditions regarding site development, landscaping and building appearance be imposed. SKH Project No. 08 -476 D\ Brentwood Park Holdings, Inc. P.O. Box 29014 Millidgevilie Blue Canoe Saint John, N.B. E2K 51,5_ January 14, 2009 To: Saint John Common Council We are a group of 62 homeowners who wish to oppose the development of townhouses for the Proposed Municipal Plan Amendment, re: 435 Boars Head Road. We do not need another housing development in the area contributing to the flooding issues that we have experienced in the past. We as a group have expressed our concerns in writing to council and managers about these flooding issues and would hope that council reject this proposal until such time that these issues are resolved. We as homeowners cannot accept anything less of council, you all are well aware of the flooding problems that is caused by the Caledonia Brook which enters the storm sewer system (Den Boom Drainaa System) at Woodward Avenue, opposite Brentwood Crescent, when that entrance fails in a heavy storm, the water overflows to Brentwood Crescent and puts our homes at risk of flooding. We have experienced this all too often recently and do not wish to have future development add to the problem. We are aware of the study that CBCL is currently undergoing for the City which is due to be made public in May 2009 and realize that the recommendations that they make will be acted on by Council at a later time. We urge Council to make their decision quickly and provide funding to help alleviate the flooding issues in our area. Thank you, Sincerely yours, "W Mme. Application for a Zoning By -law Amendment 1� M%AnicipcJ Plan Arner)okmerrr Demande de modification a Parretti sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Mailing Address of applicant / Addresse postale du demandeur 2-c> Telephone Number / Numero de telephone - {Q Home / Domicile Fax Number / Numero de teldcopieur le5n r 3 Postal Code / Code postal M Y9 Work / Travail 5, —1 G 7 — (. b 4 S (ce1) Name of Property Owner (if different) / Nom du proprietaire (si different) — Eyynis aen kWon C.�u rrk Address / Adresse C� 1 Postal Code/ Code postal Property Information 1 Renseignements sur la propri6t6 Location / Emplacement �A- Civic #f /No de voirie I Rue X32 2214 - PID / NIP Lot Area / Superficie du lot 15DZLy Street Frontage / Fagade sur rue C712L 74 C ` /Existing Use of Property / Utilisation actuelle de la propriete _�,,,i JA&k — ,Q���r}� V7 Municipal Plan Land Use Designation SA Designation de utilization des terres sur le plan municipal Low __ etlst y Rt -_%i4 r4iQj —r Ap:)roYea Amendment Requested / Modification demandee L' °mnr`eJ� -t�1 D eveiopm en Present Zoning/ Zonage actuel L..O Change Zoning to / Modification du zonage a f2_ " «rY1(jv.1- CA I&L and /or / ou �--o Text Amendment (indicate particulars) / Modification due texte (indiquez les details) .:1 09/29/2008 24:53 FAX 506 658 5811 PRUDENTIAL SUMMIT REAL E Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition Z 006 �asu- � :�1.�r,e,�.�•�r�L'���J��i+ -= - 3L�tri���.��i�Sf� 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 plan must show the dimensions of the property, the location of all buildings, driveways, parking area, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a l'echelle illustrant votre proposition. Vous pouvez 4gal cment fournir des photographies, des plans de bfitiment, des dessins de plan d'dldvatign et toute autre forme de renseignement. Le plan doit indiquer les dimensions de la propridt4 F'emplacement de la totalite des bAtiments, des alleles, des aires de stationnement, des amdnagernents paysagers et des panneaux de signalisation.11 est important d'buhquer la distance entre les limites de la propridtd et les bdtiments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concernant votre proposition qui p ©©ou�rra_it titre approuvdes. d,., J��1J Provide any other information about your proposaI that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui poumit We utile. Signature of Applicant / Signature du demandeur 4 bate $400 Application Fee Enclosed / Ci -joint les frais de demande de 400 $ If you are not the owner of the land in question please have the owner sign below. The signature of the owner is authorising this application to proceed for consideration by Common Council Signature of Owner (if applicable) Signature due propridtaire (s'il y a lieu) 9oni40M Si vous mates pas le propridtaire du terrain en question, veuillez obtenir la signature du propridtaire dans la parde ci- dessous. La signature du proprietaire autorisant le traitement de la prdsente demande pour que cette dernidre soft examinee par le conseil communal. W Zoning Proposal for 14 McLaughlin Crescent by Kendra Jones Reasons why these amendments should be approved: 1. We offer a health service to the community that is professional, quiet and neighborly. 2. As a result of changing from a church to a wellness center, the traffic may increase slightly during the day, but overall would have a smaller impact by being more consistent without the intensity of major events. 3. Our hours of operation are within the scope of regular waking hours of a residential community from Monday to Friday reducing traffic during residential leisure time. 4. The property will blend in with the community as we will beautify the grounds with landscaping, and finish the building to fit in with neighborhood dwellings. Other information about the proposal that would be helpful: There would be, on average, 45 people per day visiting the center for treatment spread out over regular waking hours, with a maximum of 18 persons at any one time including staff. Our hours of operation are: Monday gam — 7pm Tuesday 8am — 5 pm Wednesday 9am — 7pm Thursday 8 am — 7pm Friday 9 am — 4pm There will be considerable improvements made to the outside of the building as well as making the property more compatible with the existing residential community. There will be great care taken in ensuring the neighborhood is not negatively affected by our operation. Fencing, shrubbery and other ways of minimizing impact will be included in our plans for the property line next to our neighbors, keeping their interests in mind. The parking lot will be paved and lined with 20 available spaces to more than accommodate the maximum number of vehicles at full capacity. For security and safety of the parking area, there will be lighting requirements, however, this will be muted and on timers to ensure the residential community will not be negatively affected by this necessity. There would be a wheel chair ramp for full accessibility to the building and the appropriate number of handicapped parking spaces. 82 2 ... Jones Proposal 1.4 McLaughlin Crescent Drawing: The current property owner does not have a survey of the site for reference. Therefore, l have taken measurements of the property from the curb (where present on Barbara and McLaughlin Crescents) to the building, as well as the best estimate of property lines from the site map given to me by my realtor. From these measurements, I have made a drawing to scale, and have located the building in relation to these points, and estimated appropriate spacing for parking. As I am not a professional in this area, nor have the exact points of reference, I understand there may be alterations based on actual surveyed measurements. Signage: We would want to have a sign directly on the building that could be lit for the evening hours of operation when the days are shorter. We would like to have a sign with lettering large enough to be seen from the road to avoid confusion for drivers as they approach the building. This would most likely need to be about 8 feet long and 6 feet high mounted on the side of the building to the left of the entrance (see drawing and photo). We also would like to have one smaller sign at the corner of our property near Barbara Crescent and McLaughlin Crescent (refer to drawing for site) that would be off the ground approximately three feet, and would be about three feet wide indicating the name of the building with an arrow present 83 85 m j 6 Of City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 ................... ................................. ................................. ................................ __.......................... Department: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormle Phone: 506 658 -2862 Fag: S06 674 -4214 Special Instructions (if any): Reference: 14 McLaughlin Crescent Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): December 23, 2008 January 13, 2009 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 Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabetb Gormley, Common C1erk/Greffiere communale Contact; Telephone: (506) 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 located at 14 McLaughlin Crescent, having an area of approximately 1,470 square metres, also identified as PID Number 00322214, from "1L -1" Neighbourhood Institutional to "B- 1" Local Business. - 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. 2009 and signed by: ayor/Maire ARRETE No 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 : Uarrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de 1'annexe «A», Plan de nonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie approximative de 1470 metres carres, situEe au 14, croissant McLaughlin, et identifiee sous le NID 00322214, de quartier a vocation collective ((IL-1 » a zone Commerciale locale «B -1 ». - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FO1 DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2009, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture We KIN 17, 1101 Ed 1110 Eel I &M N W W.10 lob Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By-law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: ARRRTf No C.P. 105- 1 41.4 31 Kly I Lars dune reunion du conseil communal, The City of Saint John a ddict6 cc qui suit : Uarr&6 relatif au plan municipal de The City of Saint John d6cr&6 le 3 j anvier 200• est modi - all as shown on the plan attached hereto and fonning 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. 2009 and signed by: zM - toutes les modifications sont indiqu6es sur le plan ci-joint et font partie du pr6sent arrdt6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr8t6 le 2009, avec les signatures suivantes : First Reading - Premi6re lecture Second Reading - Dcuxieme lecture Third Reading - Troisi6me lecture 90 1g winin P.(,),, Box 1,971 506 658 2EI'0 li Ck Canada E21,4L I M1.,...., Advisory r4lew Bru.iriswick January 14, 2009 Your Worship and Councillors: SUBJECT: Municipal Plan Amendment and Rezoning - 14 McLaughlin Crescent (Ity, of saftit john On December 15, 2008 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 13, 2009 meeting. Ms. Kendra Jones appeared to speak in support of the application and indicated that she was in agreement with the staff recommendation as set out in the attached report. Ms. Jones also presented her plans for the professional wellness centre and improvements to the subject site. Several residents appeared to speak in opposition to the application, including Ms. Lynn Coates of 5 Barbara Crescent, Mr. Arthur McGuire of 14 Barbara Crescent, and Mr. Gordon MacVicar of 7 Barbara Crescent. All those who spoke indicated concerns with increased traffic in their neighbourhood especially given the closing of McLean Street onto Rothesay Avenue. As well, seven letters of opposition were received by the Committee and are attached. After considering the presentations and concerns, the Committee adopted the revised recommendation as set out below. RECOMMENDATION: That Common Council amend the Municipal Plan by: a. redesignating on Schedule 2 -A and 2 -C of the Plan, from Low Density Residential to Approved Commercial Development, a parcel of Iand with an area of approximately 1,470 square metres, located at 14 McLaughlin Crescent, also identified as PTD Number 00322214. b. adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: 41 Planning Advisory Committee January 14, 2009 Page 2 "u) a parcel of land with an area of approximately 1,470 square metres, located at 14 McLaughlin Crescent, also identified as PID Number 00322214." 2. That Common Council rezone the same parcel of land from "IL -1" Neighbourhood Institutional to "B -1" Local Business. 3. 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 1,470 square metres, located at 14 McLaughlin Crescent, also identified as PID Number 00322214 be subject to the following conditions: a. that the use of the site be restricted to a business office only for physiotherapy, massage therapy, athletic therapy and other health- and wellness - related professional services within the existing building; b. that the site not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above. The approved site plan must be attached to the building permit application for the development; c. that vehicular access to the site meet the requirements of the Zoning By -law and be acceptable to the Department of Municipal Operations and Engineering; d. that the developer pave all access, manoeuvring and parking areas with asphalt and that paved areas be enclosed with continuous cast -in -place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage; e. that adequate site drainage facilities, including necessary catch basins, be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject of the approval of the Chief City Engineer or his designate; f. that all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas be landscaped by the developer in accordance with the requirements of the Zoning By -law. The landscaping must extend onto the City street right -of -way to the edge of the street curb /sidewalk; and g. that all site improvements shown on the approved site and drainage plans be completed within one year of building permit approval. Planning Advisory Committee Page 3 January 14, 2009 The Planning Advisory Committee also imposed the following terms and conditions upon a business office in the "B -1" Local Business zone: 1. That the hours of operation of the proposed wellness centre be restricted to: Monday from 9:00 a.m. to 7.00 p.m., Tuesday from 8:00 a.m. to 5:00 p.m., Wednesday from 9:00 a.m. to 7:00 p.m., Thursday from 8:00 a.m. to 7:00 p.m. and Friday from 9:00 a.m. to 5:00 p.m. 2. That any signage on the subject site not be backlit. The City of Saint John TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 13, 2009 ah Herring, Mc4p, RPP Planner SUBJECT: Name of Applicant: Kendra Jones Name of Owner: Christian Alliance Church Location: 14 McLaughlin Crescent PID: 00322214 Municipal Plan: Existing: Low Density Residential Proposed: Approved Commercial Development Zoning: Existing: "IL -1" Neighbourhood Institutional Proposed: "B -1" Local Business Proposal: To establish and operate a physiotherapy clinic and other professional services within the existing building. Type of Application: Municipal Plan Amendment, Rezoning and Conditional Use Application Kendra Jones Page 2 14 McLaughlin Crescent January 9, 2009 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed Municipal Plan amendment and rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, January 19, 2009. The Zoning By -law authorizes the Planning Advisory Committee to impose terms and conditions upon the establishment and operation of a business office in the "B -1" Local Business zone. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council amend the Municipal Plan by: a. redesignating on Schedule 2 -A and 2 -C of the Plan, from Low Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 1,470 square metres, located at 14 McLaughlin Crescent, also identified as PD) Number 00322214. b. adding the following to the list of Approved Commercial Developments in sub- section 2.4.6.28: "u) a parcel of land with an area of approximately 1,470 square metres, located at 14 McLaughlin Crescent, also identified as PID Number 00322214." 2. That Common Council rezone the same parcel of land from "IL -1" Neighbourhood Institutional to `B -2" General Business. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approximately 1,470 square metres, located at 14 McLaughlin Crescent, also identified as PID Number 00322214 be subject to the following conditions: a. that the use of the site be restricted to a business office, including physiotherapy, massage therapy, athletic therapy and other health- and wellness - related professional services; b. that the site not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, Kendra Jones Page 3 14 McLaughlin Crescent January 9, 2009 signs, exterior lighting, landscaped areas and other site features, including those listed above. The approved site plan must be attached to the building permit application for the development; c. that vehicular access to the site meet the requirements of the Zoning By -law and be acceptable to the Department of Municipal Operations and Engineering; d. that the developer pave all access, manoeuvring and parking areas with asphalt and that paved areas be enclosed with continuous cast -in -place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage; e. that adequate site drainage facilities, including necessary catch basins, be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; f. that all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas be landscaped by the developer in accordance with the requirements of the Zoning By -law. The landscaping must extend onto the City street right -of -way to the edge of the street curb /sidewalk; g. That all site improvements shown on the approved site and drainage plans be completed within one year of building permit approval. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering does not object to the proposed Municipal Plan Amendment and Rezoning. Buildings and Inspection Services has no information on file for this property. Complete floor plans will be required as part of the permit process. Fire Department has been advised of this application. ANALYSIS: Subiect Site and Neighbourhood The subject site is located at the corner of McLaughlin Crescent and Barbara Crescent in East Saint John. The 1,470 square metre (15,823 square foot) site currently contains the former Saint John Alliance Church building and a gravel parking area with access from both street frontages. The surrounding area contains primarily single and two - family dwellings, but there are several Kendra Jones Page 4 14 McLaughlin Crescent January 9, 2009 light industrial uses and multiple - family dwellings on Saint Catherine Street and Westmorland Road. Proposal The applicant is proposing to convert the existing church building into a wellness centre to include physiotherapy, massage therapy and athletic therapy services, and potentially other professional services. The applicant has indicated that the wellness centre would operate from Monday through Friday, with hours between 8:00 a.m. and 7:00 p.m. Approximately 45 patients are expected to visit the centre over the course of a normal work day, with a maximum of 18 persons, including staff, on -site at any one time. The applicant has also indicated that she intends to make considerable improvements to the outside of the building and the subject property. Fencing and/or shrubbery will be established on the property lines adjacent to residential neighbours, the parking lot will be paved and lined with 20 parking spaces, and a wheelchair ramp and handicapped parking spaces will be added. As well, lighting will be added to the parking lot for safety and security reasons, and the applicant has noted that this lighting will be muted and on timers to ensure the surrounding residential community will not be negatively affected. Municipal Plan Policies The Municipal Plan permits limited non - residential uses in residentially designated areas provided they meet a number of criteria for compatibility. Although this proposal meets many of these criteria, the Plan stipulates that compatible uses in a residential area must be located on an arterial or collector street. As both McLaughlin and Barbara Crescents are local streets, a Municipal Plan Amendment is required to change the subject site's designation from Low Density Residential to Approved Commercial Development. Despite the required Plan amendment, these criteria for compatibility are still useful in evaluating the current proposal for a non - residential use in a residential neighbourhood. The proposed wellness centre will occupy less than the maximum floor area of 1,000 square metres, and the existing building is of an architectural style suitable for the neighbourhood (although it does not resemble a residential dwelling). In addition, the applicant has indicated that fencing or vegetated buffers will be added to the property to protect adjacent dwellings and that lighting facilities will be arranged so as to not become a nuisance. The expected client traffic of approximately 45 people per day is not excessive, especially given that it will occur during working hours when the residential use of the area will be at its lowest intensity. Kendra Jones Page 5 14 McLaughlin Crescent January 9, 2009 Zonis By -law Standards The proposed "B -1" Local Business zoning will permit the proposed wellness centre as a conditional use as it is considered to be a business office. Based on the approximately 427 square metres (4,600 square foot) size of the existing church building, the proposed use will require 8 on -site parking spaces and the existing gravel parking area can accommodate over twice that number of parking spaces. The parking area must be paved and curbed, and landscaping with a minimum width of 2 metres (6.6 feet) consisting of trees, shrubs, or hedges (designed to interfere with vehicle headlights shining across property lines) must be installed between the parking area and adjacent residential properties. The applicant has already indicated that she intends to install this landscaping and paving. As a business office is a conditional use in the `B -1" Local Business zone, it is permitted subject to terms and conditions that may be imposed by the Committee in order to protect adjacent properties or the health and safety of the general public. Given the nature and expected client numbers of the proposed wellness centre, as well as the required improvements to the parking area, further terms and conditions are not recommended. It is recommended; however, that the use of the subject site be restricted to a business office, including the proposed physiotherapy, massage therapy and athletic therapy clinics and other health - and wellness- related professional services. CONCLUSION: As previously noted, the existing building on this site is the former Saint John Alliance Church, and is now vacant and up for sale. The building is in good condition, but given current societal trends, it is unlikely that it will be purchased for another institutional use. Given the architecture of the building, it is also unlikely that it will be converted into residential dwellings. As a result, the question becomes whether the business office and wellness centre is an appropriate re -use of the existing building. As the subject site and existing building can easily accommodate the proposed uses, and they will be quiet, low- intensity, have no off -site impact, the proposed wellness centre is considered to be compatible with the surrounding residential neighbourhood, notwithstanding the fact that both McLaughlin Crescent and Barbara Crescent are designated as Local Streets by the Municipal Plan. As a result, the proposed Municipal Plan amendment and Rezoning are supported on condition that the use of the site is restricted to a business office, including the proposed uses and other health- and wellness - related professional services. Standards conditions relating to the development of the site and parking area are also recommended. SKH Project No. 08-477 AT ID 3 C, t 4. m V sa U m io � ae sr m ° a® w � 09 99 P I D(s) /N I P(s): 00322214 mi u V.1n Cr cen d �e an drawh bar 5ia i4ormayoh roe 1 ; 500 i �C •� � i a f I 1�1 �_ 77 IL Aft .1 Ajk , I_ •� i f � I it ! f ' I II• • I _ �U_f77 ^._� � ±M�� -- �– — - --- -' --_.all •�._— •- -- � --•__; '_•^ --_ _.._!..— ._;. ' – � I – —, —. „ .. ._� _. � } __1 . � •rte--- ...._.. I -- - l .. I _� i i - . {. ji ' 101' � _C.. � I � •r" C, 4 T-1 I- 3a b y ? o SClr JG N/ P/5 Z� S6 JAN 6 ��► .f .� A_ 7►A,y1`f�r IrrviAt'C1'a%F� f) �� � Ale/ r v!�-r i h t),P � rea-% ,r , �hP U Tk-q 5-� t o !s 1! � j � 0-;,?Ok 4 C�� zl 102 7), n P� ld cd,-*I- - -Z4 c 6d at �,q .5 �o ��(/� -� i a �Qit o/i " �' �e � � r all I- v Oct C/ U/ h C ��C U �1 �rL, �, �-e��[�'ZGZ '�1`-e -�4o6l 645 - r� C4/ (C�, r 7 r rt (4 $Z Cf I �'+ 'I�I'►G I'j 103 sz S ,f A-1 � rids Fz5 2K . Nc- 1 OL v% _ � � - fie. r� ►� ����� el JAN 13 �GLO � 0 ht 14 N L C-1 L Y. V� 0'.t. . It.) is IV(n hi eV -e y r® l E ye�. t Cl 1 .y el AIQ i 104 ro r } Planning Advisory Committee City of Saint John r 7 Barbara Crescent Saint John, N.B. Jan. 12, 2009 The Municipal Plan Amendment for 14 McLaughlin Crescent to establish a business in this residential neighbourhood is disturbing for the following reasons. There are many children in this neighbourhood who currently play and ride bicycles and who will be obviously put at greater risk by the increased traffic volume. In addition we have seen monumental increases in traffic since the unfettered developpment of McAllister Place and the East Point Mail. Now with the coming Costco development it will increase even more. Although this traffic does not flow directly through our neighbourhood, it impacts children playing and waiting for school busses etc. If you doubt this I invite you to visit the school bus stop and witness the lunacy of some of the shoppers when the school bus gets between them and the malls. Yes we have made representations to the school board and the traffic division. In addition to the impact to the children, please think of the resident homeowners in the area before letting rezoning go ahead. If the rezoning is approved for this change, what is to prevent,,, developers," who are already encroaching from both directions on Westmorland Road , from snapping up other properties in the area. We thought that the Femhill Cemetary was our buffer between us and the developers, but this precedent will remove our buffer and lay us wide open to future commercial use. One has to ask what is the value of a Municipal Plan if one purchases a home in an area only to find the plan can be changed. Can the word NO not be used with those F)iallenging the plan? In addition to the above, let me refer to the street change made not log ago that closed of the McLaughlin Crescent egress onto Rothesay Avenue near Dobson Chrysler. This was done at the behest of an influential resident who did not approve of the traffic flow through the neighbourhood. At the time we approved of this change, but now must wonder at the sense of it if your office is considering changes that will increase the traffic flow again. Now we will have an increase in traffic and one less exit from the neighbourhood. Please consider our objections to this zoning change and realize that we are already a neighbourhood under siege. 105 Yours truly, F it To Whom It Concern, 12 2009 From the home located at 17 McLaughlin Crescent. We hav ceived your letter which we feel was delivered on short notice and felt th'` MW,,ore time should have been allotted to allow for interaction with a greater f),p. number of neighbours. With that being said, we as a family have revlewed'- the proposal of the business and the projected volume as well as . discussing it with some of our neighbors on McLaughlin Crescent and .0;00 Barbara Crescent. We believe this affects Barbara Crescent residents as well, as anyone who resides on Barbara Crescent must travel on McLaughlin Crescent to exit Westmoreland Heights. Our main concern is increased traffic. We seem to have speed problems, as well as parking issues on McLaughlin Crescent. At present our children already have difficulty safely crossing our street. The volume on Westmorland Road has become heavier for obvious reasons thus making it quite difficult to get out into traffic at times from our street. During winter months, we do not always have the option of using Northumberland Avenue as an alternate route if needed. If road .conditions are bad, most vehicles will not negotiate that hill. Mclean Street was closed to lower the volume of traffic.going up Northumberland Avenue' and McLaughlin Crescent. With all of this in mind, let's consider the following: The applicant clearly states that "an average of 45 people will visit the clinic during a normal day ". That is an extra 45 more vehicles, plus staff , coming and going on our street than we already get in one day. The business will be open during both the earlier hours of the day when school children are departing and later hours when they are returning home and then travelling to their playmates homes. Numerous children are nearly struck on this street far to frequently. There is a blind knoll on McLaughlin Crescent which at one time was clearly marked as such but the signage no longer exists. There are also "no parking" signs which people do not seem to abide by in the area, which cause safety issues for drivers and pedestrians.. Early morning hours when children are heading to the bus stop are the worst. The sun is high in the sky and causes vehicles coming up the hill to be blinded. In storms, our streets and sidewalks do not always get plowed properly due to some of the residents on our street & connecting streets who choose to park their vehicles in the streets and 'on sidewalks when adequate driveways are available. The police seem somewhat unconcerned with the minor violations on our street when they are called upon to resolve the ITI. issue and so increased traffic would be considerably more dangerous for our residential drivers and pedestrians. We also would like to inquire about rising property taxes? If this property is going to become commercialized and renovated, are the residents here on the immediate and connecting streets going to encounter rising property taxes? Previous inquiries resulted in being, told that the $300,000 homes that sit on the side streets of Northumberland Avenue are the root cause to our higher property taxes that we now pay. Will this once again increase our property taxes yet again? If the building must be commercialized and re- zoned, it would preferable to see something quiet such as this type of establishment, but unfortunately the general feeling is that the traffic problem is of paramount concern and unwanted. Something needs to be been done in this area to help reduce traffic on McLaughlin Crescent; it is after all, a residential area. Having an estimated forty five plus extra vehicles added to the volume of traffic defeats that purpose and creates additional safety issues. The fact that we have safety issues now which are not being dealt with indicates that with increased traffic flow to our residential area the problems will only worsen. Until these existing problems are dealt with l think it best to leave this neighborhood as a residential only. We have Bettle's Steering on McLaughlin Crescent near the entrance which tends to create a bit of a traffic bind at times near the entrance to Westmoreland Heights from Westmorland Road and we have a Hair Salon on the comer of Westmoreland Road and McLaughlin Crescent whose driveway also empties into McLaughlin Crescent directly across from Bettle's driveway. We have seen accidents in this area before and with increased traffic flow will only make matters worse. The entrances to Barbara Crescent are both used as to make U turns on a regular basis and are located on either side of the blind knoll. The eroding of residential areas by commercial interests is a speed ramp leading to lack of housing, increased taxes etc. As a household that has been at this location since its creation We can honestly say that this land was purchased for residential use and not with the intent of co- existing with commercial interests. Some commercial property was grand - fathered in as it pre - existed the construction of this development, this we understand. We have a large commercial community with land, pre- existing (vacant) buildings, and residential invasion is not required. Remember while considering the re- zoning of this area that your "neighbourhood" could be next. Jo,6 Cr 107 Planning Advisory Committee City of Saint John P. O. Box 1971 Saint John„ NB E21411 Attention: Sarah Herring, MCIP. RPP Planner Re: Municipal Plan Amendment and Rezoning Application Project No. 08-477 14 McLaughlin Crescent Neighboring Property Owner; Ann P. Campbell —11 McLaughlin Cres. JAN 1 G Lry + Please take note — I am against the proposed rezoning from IL -1 "Neighborhood Institutional" to B -I "Local Business" and the proposed amendment from "Low Density Residential" to "Approved Commercial Development, Heights is a low density residential neighborhood with the majority occupied now by young families with school age and younger children for the providing a relatively safe environment for their children within the city limitspinlnclose f Proximity to schools, religious institutions, and economically necessary commodities. The City Planning Commission previously agreed to close access to MacLean Street for the purpose of reducing traffic flows along McLaughlin Crescent and Northumberland Avenue. Allowing the community to be rezoned to B -I Local business and the proposed amendment to Approved Commercial Development would be counte raducfive. The rezoning as outlined in correspondence dated December 23, 2008 proposes an average of 45 people visiting the facility during a normal day and a maximum of 18 People on -site at any one time at 14 McLaughlin Crescent on a daily basis (at least 90 round trips) would increase the flow of traffic both on McLaughlin Crescent and Northumberland Avenue and would substantia IV increase the risk to both adult and pre - school pedestrian traffic in the area -- Re ec ly submW Ann . Cam e11 11 McLCa in Crescent Saint John, NB E2J 2J9 693 -0962 (cell) 647 -9499) ie. .6� Herring, Sarah From: Sent: To: Hazel [haze1g @nb•sympatico.ca] Tuesday, January 13, 2009 2:34 FM Herring, Sarah CA" RE: Rezoning application - 14 McLaughlin Crescent Westr`orand Heights I live at 4 Carl Court As per my phone call to you at 9:30 this morning regarding this Sarah. I am still very surprised that I only received this notice at 7:30 p.m. last night, new nothing at all about it, and my mind did not rest last night. I have lived here since 1978 and love it we are a very quiet sub division and want to keep it that way not be turned into commercial use for sure. A couple years ago they blocked off McLaughlin /McLean getting us out onto Rothesay Ave without great concern to the City, just go ahead and do it to please maybe two homes at the end of Northumberland Rd. It has been a curse to us all as it was a great access to us. Now with Westmorland having so many businesses and a Costco coming we have a hard time getting out onto Westmorland and it can be very frustrating at times and to think that maybe an average of 45 people in the run of a day visiting the clinic well I know for sure parking would take a lot of Barbara Crescent and McLaughlin and their is a blind knoll there and a bad corner, please review the size of that parking lot I pass it many times a day. And to think that someone else could come along and open up a convenience store, or sell video's or whatever scares me to death that commercial would take over. In speaking with Sarah Herring this morning she said we did not get the notice as it only goes out to 300 ft radius and I could throw a rock and hit the church from my home, she said I was 185 ft above that this is not acceptable, we are a housing development and we should all be notified about changes we all pay our taxes. We have a few new families moved into the church area and I am sure some would not even know or think about what might happen. Baez Ft Wr r '.4 ITIUO 5 I placed a call at 9 :10 to the Mayor but have not heard back from him yet and it is 10:30. 1 am unable to attend this meeting tonight due to a death with a close family friend or 1 would be there with my bull horns on. I am a very concerned citizen and hope that this is NOT passed. It would most likely hurt all of us in selling our homes also with it'' being rezoned commercial no sub division wants that we are just that a sub division of families with children and seniors. Thanks for taking the time to read my concerns and hope it reaches the right hands tonight. Hazel Gaudet 4 Carl Court Saint John, N.B. E2J 21-1 693 -9662 In future I think all properties should be notified about any changes being made will ask the Mayor about that when or if he calls. z i so tIVI [411 Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By-law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2-A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 1470 square metres, located at 14 McLaughlin Crescent, also identified as being PID No. 00322214, from Low Density Residential to Approved Commercial Development classification - 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 Sea] of the said City to be affixed to this by-law the * day of *, A.D. 2009 and signed by: ARRET9 No C.P. 105- ."'liold I , I , Lors d'une r6union du conseil communal, The City of Saint John a ddict6 ce qui suit: L'ay-ret& relatif au plan municipal de The City of Saint John d6cr&6 le 3 j anvier 2006 est modi fi6 par: I la modification de I'annexe 2-A, relative au plan d'utilisation future des terres, afin de faire passer ]a d6signation d'une parcelle de terrain d'une superficie approximative de 1470 metres canes, situ6e au 14, croissant McLaughlin, et portant le NID 00322214 de zone r6sidentielle de densit6 faible A zone d'am6nagement commercial approuv& - toutes les modifications sont indiqu6cs sur le plan ci-joint et font pantie du pr6sent ar-nR& EN 1701 DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr&6 le 2009, avec les signatures suivantes : First Reading - Premi6re lecture Second Reading - Dcuxieme lecture Third Reading - Troisi6me lecture (NIJ Application for a Municipal Plan and Zoning By-law Amendment Demande de modification au plan municipal et A 1'arreftk sur le zonage Applicant Related Information I Renseignements sur le demandelqr Name of Applicant / Nom du demandeur Address of applicant / Addresse posWe du demandeur If Telephone Number / Numdro de tditphone Home /Domicile Fax Number / Num6ro de t616copieur Name of Property Owner (if di Address / Adresse q /0 6 573, / �12 Code I Code postal _Z52 A/1 16��c Work / Travail 01 Phi Ii p 1g77 (�P ko+rvNot\, co rv) /Nom du proprii6taire (si d iff6rent) � I , k a /L d (9 /-T, I Property Information / Renseignements sur la propriW Location / Emplacement Civic # I No dig voirie Lot Area / Superficie du lot I Cede / Code postal., Street I Rue Street Frontage I Fayade sur rue Existing Use of Property / Utilisation actuelle de ]a propridtd Vocon — �0 r poer a uary- v Present Municipal Plan Land Use Designation Ddsignation actuel de utilization des terres Sur le plan municipal L-.L)-v,) uensi'�)! Present Zoning /Zonage actuel Amendments Requested / Modifications demandies Municipal Plan I Plan municipal T-6hange Land Use Designation to I Modifier la d6signation de l'utilisation des terms A N m PID [NIP and/or / ou 0 Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les d6tails en annexe) Zoning By-law/ ArrW Sur le Zonage Change Zoning to /Modification du nonage A and/or / ou D Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les d6tails en annexe) 112 M Development Proposal / Proposition d'am6nagement Description of Proposal I Description de la proposition You must provide a scaled site plan that illustrates y =our proposal You may also provide photographs, building plans; elevation drawings and any other form of Information. The site plan must show the dimensions of the property, the location ofall buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site 6 Nchelle illustrant voire proposition, Vouspouver6galementfournir des phorographies, des plans de bd1iment, des dessins de plan d'dlivarion er ioure Outreforme de ranseignement, Le plan du site dolt indiquer les dimensions de la proprigid, Pempl.ocement de la foealit,6 des b4timenis, des allies, des acres de stationnemeni, des amenagemenls p6vsogers at des panneaux de signalisation, 11 art important d'indiquer la distance entre [as limites de la proprMM et les h6timents. Provide reasons why these amendments should be approved./ Fournir les raisons pour les quelles les modifications devraient titre approuvdes. IL;La proposition qui pourrait 6tre utilo, a heaC)-171-411 M Y —�rUr p 0 sal that would be helpful. FDUMir lout autre, renseignement concernant votre o Lo ;4A Signature of Applicant I Signature du Date ❑ $400 Application Fee Enclosed / Ci-joint les frais de demande de 400 $ Ifyou are not the owner of the land in question please have the owner sign below, The signature of the owner authorLxing this application to proceed is requiredfor consideration by Common Council, Signature of Owner (if applicable) Signature du propridtaire (s'il y a lieu) Date Si VOW Wiles pas le propriftire du terrain an question, veuillez obtenir IQ signature du propriglaire dons la parife ci-dessous. La signature du proprigtaire autorisant le traitement de la pr6sente demande est requise pour qua cefte dernibre snit examinee par le coned communal. 113 114 For City of Saint John use only. Budget Number: 110 0801442 2010 Department- Common Clerk's 911i Se LAccount # 71206) Contact: Elizabeth Gormley Phone: (506) 658-2862 Fax: (506) 6744214 Special Instructions (if any): Reference; 410 Highland Road, MPA —Public Presentation— Oct 27108 Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) - SJTJ City Information Ad -SJTJ Independent Placement 'SJTJ Classifieds Date(s). Tuesday, October 14, 2008 Datc(s): D te(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline- ❑ General Notice F] Tender F1 Proposal Public Notice Sub-Headline if aEplicable): Text: INsF,RT ATrACHED Call to Action- Elizabelh Gonifley, Common Clerkffireffi6re communale Contact: I Telephone: (506) 658-2862 115 Public Notice is 1wreby given that the Comnion Council of The Cily of Saint John intends to consider amending the Municipal Devirlopiuent Plait and (lie Cily of Saint John Zonal, By-law at its regular meeting to be held ni the Council Chamber on Nlondat, danuar) 19, 200x3 al 7:00 pan.. b}: I_ Rcdesigalalntg on Schedule 2 -A and 2 -C of the Plan, from Low Densiry Residential to Approred Commercial Development, a parcel of land wilh an area of approximately 4.3 hectares, located at 410 Highland Road. also identified as heing a portion of PID No. 00428714. as illustrated below 2 Rezoning the same parcel n of land from "RS -2" One and Two Family Suburban Residential to "B -2" General Business, REASON FOR CHANGE: to peramf the dcvclopruent of a hcenscd banquet and meeting hall frith cabins for toutzsl accommodation 1Tic proposed amendments may be insTiceted br an) interested person at (lie office of the C'ommola Clark, or in the office of Planning and OeMopmem, City Hall, 15 Market Squaic, Saint John. N.B. bc4wcen the hours of 8.30 ami, and 430 jmn,, Monday through Friday, inclusive, holidays excepted Wriltm objections to the amendments may be sent to the undersigned at City Ilal'l. Flizabeth Gormley', Common Clark 658 -2562 r � w Par Les presC'ntcs, am ai is public est dunnc par leq'ucl lc Conseil communal de The Cilt of Sa ilit Join) andiquc son intention do mOdIfIcr IC plan d`amcnapament municipal ct 1'arrute Sur lc zonagc do The Cite of Saint John, loss do la reunion of dimarc qui se tiendra cians la sallc du conseil k: lundi 19 janvier 2009;'1 19 li. cn apporUint les modifications suivantcs : 1. Reclassification, a l'annexe 2 -A et 2 -C du plan dune parcelie de terrain Time superticie d environ 43 ]blares, situec an 410. cherriu Highland. et etant ime pantie du NIl7 00425714, pour la faire passer tie zone r6idenrielle de finite density' a done d "aminagenrent conmrercial approzo -t, comme le nlonlre la carte ci- dessous. 2. Modification du zonaae de la parcelle de terrain precrtee pour 14 faire passer de znne residentielle de banlieue — habitations unifarailiales et bifamiiiales «RS -2i> a zone commerciale gcnerale o B -2 ia. ® e, RAISON DE LA QS :n "a ° "n MODIFI AlION Perniettre Ic de%cloppcment Ton banqucf et d'un foyer accredilcs mcc cabmcs pour accommodation tounstiques 'Ionic pcisomac int6 s& pcut examiner les modifications proposers au bureau, Lid grclTicr communal ou au biucau do l'urbanisnic el du davcloppement a Flee lel de biller all 15, Markci Square, Saint John. N. -B.. wire 5 h 30 ct 16 1) 30 du lundi iu vendredi. sauflesjours.I'�iacs. Veiillez faire part de vos objections aux proJcts de modification proposes par &dt a l "attention do soussicne a 116tel de ville. Elizabeth Gormley, Greffierc communale 655 2862 ,we PROPOSED MUNICIPAL PLAN AMENDMENT RE: 410 HIGHLAND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Developmem Plan which would: 1. Redesignate on Schedule 2-A and 2-C of the Plan, from Low Densitj:p Residential to Approved Commercial Development, a parcel of land with an area of approximately 4.3 hectares, located at 410 Highland Road, also identified as being a portion of PID No. 00428714, as illustrated belo-w- 2. Add the following to the list of Approved Commercial Developments in sub-section 2.4.6.28: ­0 a parcel of land xvilh an area of approximately 4.3 hectares, located at 410 Highland Road, also identified as being .9 portion of PID No. 00428714." (INSERT MAP) A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, October 27.. 2008 in the Council Chamber, Lobby Level. City Hall. REASON FOR CHANGE: To permit the development of a licensed banquet and meeting hall with cabins for tourist accommodation. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by November 26, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall. 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m, and 430 p.m., Monday through Friday, inclusive, holidays excepted. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 410, CHEMIN HIGHLAND Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John a ('intention d'6tudier ]a modification du plan d'am6nagement municipal comme suit: 117 1, la reclassification, A ('annexe 2-A et 2-C du plan d'une parcelle de terrain d'une superficie d'environ 4.3 hectares, situie au 410, cheinin Highland, et 6tant une partie du NID 00428714, de zane r4isidendelle de densiri fbible A zone d'amifnagement commercial approtivi, cornme le montre ]a carte ci-dessous. 2. l'aJout de la parcelle de terrain suivante a ]a liste des am nagernents commerciaux approuv&s i l'alin6a 2.4.6.28 - o t) une parcelle de terrain d'une superficie d'environ 4.3 hectares, situee au 410, chemin Highland, et cunt une partie du NID 00428714.)) (INStRER LA CARTE) Une pr6sentation publique du projet de modification aura lieu lors de ]a reunion ordinaire du conseil communal le lundi 27 octobre 2008 daps la salle du eonseil, au niveatt du hall d'entr6e, i Vh6tel de ville. RAISON DE LA MODIFICATION: Pernnettre le d6veloppement d'un banquet et d'un foyer accr6dit6s avec cabines pour accommodation touristiques. Vcuillez faire part au conscil par 6crit de vos objections au projet de modification au plus tard le 26 novembre 2008 A ]'attention du soussign6. Pour toute demande de renseignements, veuillez courimuniquer avec le bureau du greffier communal ou le bureau de Vurbanisme et du d6veloppernent A Yh6tel de ville au 15, Market Square, Saint John. N,-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf lesjours f6ri6s. Elizabeth Gormley, Greffi6re communale 6592862 BY -LAW NUMBER C.P.105- A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW ARRETE No C.P. 105- ARRETE MODIFIANT L'ARRETE RELATIF Ail PLAN MUNICIPAL Be it enacted by The City of Saint Lars dune reunion du conseil John in Common Council convened, as communal, The City of Saint John a edicte follows: ce qui suit : The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2 -A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 4.3 hectares, located at 410 Highland Road, also identified as being a portion of PID No. 00428714, from Low Density Residential to Approved Commercial. Development classification - alI 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. 2009 and signed by: Mayor L'arrete relatif au plan municipal de The City of Saint John decrete le 3 j anvier 2006 est modifie par: 1 la modification de 1'annexe 2 -A, relative au plan d'utilisation future des terres, afire de faire passer la designation dune parcelle de terrain dune superficie approximative de 43 hectares, situee au 410, chemin Highland, et etant une partie du NID 00428714 de zone residentielle de densite faible a zone d'amenagement commercial approuve - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arret& EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2009, aver les signatures suivantes Common ClerlcfGreffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 118 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: 410 Highland Road —Municipal Development Plan and Zoning By-Law Amendment Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad Date(s): Tuesday December 23rd, 2008 Tuesday January 131h , 2009 Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: 0 General Notice E] Tender ❑ Proposal 99 Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffi&re communale Contact: Jeanne Beltrandi Chown I Telephone: (506) 658-2862 PROPOSED MUNICIPAL PLAN AND ZONING BY-LAW AMENDMENTS 1 ®7t> E [IJa, I revs I in 0111 M47,111i Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, January 19, 2009 at 7:00 p.m., by: 1. Redesignating on Schedule 2-A and 2-C of the Plan, from Low Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 4.3 hectares, located at 410 Highland Road, also identified as being a portion of PID No. 00428714, as illustrated below. PROJETS DE MODIFICATION DU PLAN . I MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET: 410, CHEMIN HIGHLAND Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'aindnagement municipal et Varrdt6 sur le nonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra daps la salle du conseil le lundi 19janvier2009 A 19h, en apportant les modifications suivantes: 1. Reclassification, a I'annexe 2-A et 2-C du plan dune parcelle de terrain d'une superficie denviron 4,3 hectares, situ6e au 410, cherain Highland, et &tant une partic du NID 00428714, pour la faire passer de zone r9sidentielle de f4ible densiti A zone d'amenagentent commercial approtmi, comme le montre la carte ci-dessous. 2. Rezoning the same parcel of land from "RS-2" 2. Modification du nonage de la parcelle de terrain One and Two Family Suburban Residential to pr&cit6e pour la faire passer de zone r6sidentielle "B-2" General Business. de banlieue — habitations unifamiliales et bifamiliales <<RS-2>> h zone commerciale (INSERT MAP) REASON FOR CHANGE: To permit the development of a licensed banquet and meeting hall with cabins for tourist accommodation. The proposed amendments 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 amendments may be sent to the undersigned at City Hall, Elizabeth Gornley, Common Clerk 658-2862 g6n6rale << B-2 >>. (INStRER LA CARTE) RAISON DE LA MODIFICATION -, Perniettre le d6veloppernent d'un banquet et d'un foyer accrdditds avec cabines pour accommodation touristiques. Toute personne int&ress6e peut examiner les modifications propos&es au bureau du greffier communal ou an bureau de l'urbanisme et du d6veloppement A I'h6teI de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les j ours f6ri6s. Veuillez faire part de vos objections aux prejets de modification propos6s par dcrit A ]'attention du soussign6 A I'h6tel de ville. Elizabeth Gormley, Greffi&re communale 658-2862 120 BY-LAW NUMBED. 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 located at 410 Highland Road, having an area of approximately 4.3 hectares, also identified as being a portion of PID number 00428714, from "RS-2" One and Two Family Suburban Residential to "B-2" General Business. - 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. 2009 and signed by: Mayor/Maire ARR±Tt No C.P. I 10- ARR-tT]k MODIFFIANT L'ARRPTt SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a d6crdt6 ce qui suit : L'arr8t& sur le zonage de The City of Saint John, d6cr&6 le dix-neuf (19) d6cembre 2005, est modifid par: I La modification de I'annexe <<A>), Plan de nonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain dune superficie approximative de 4.3 hectares, situ.6e au. 410, chemin Highland, et dtant une partie du NID 00428714, de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales <<RS-2>> A zone commerciale gdndrale <(B-2)), - toutes les modifications sont indiqu6es sur le plan ei-joint et font partie du pr6sent arrk& EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr&6 le 2009, aver les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premi&re lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 121 January 14, 2009 Your Worship and Councillors: SUBJECT: Municipal Plan Amendment and Rezoning - 410 Highland Road On December 8, 2008 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 13, 2009 meeting. Mr. Michael Saunders appeared to speak in support of the application, and indicated that he was not in agreement with the recommendation set out in the attached report. Mr. Saunders noted that he would be able to service his proposed development with a private sewage treatment facility and a well, and that it is the City's responsibility, not his, to upgrade Highland Road. Mr. Saunders also indicated that this proposal would increase the tax base, attract tourists and employ approximately 10 -15 people in the service industry. Several residents appeared to speak in opposition to the proposal, including Mr. Brent Mason of 500 Highland Road, Mr. Glen Jackson of 364 Highland Road, Ms. Penny Seely of 405 Highland Road and Mr. Luke Nicholls of 402 Highland Road. All those who appeared noted safety concerns with increased traffic on the narrow, winding road. As well, one letter and one petition in opposition to the application were received by the Committee and are attached. After considerable discussion with the applicant regarding the feasibility of this proposal, the Committee adopted the recommendation as set out below. RECOMMENDATION: That the application to develop a licensed banquet and meeting hall with cabins for overnight accommodation at 410 Highland Road be denied until such time as improvements are made to the road and City services are available. Respectfidly submitted, Stephen Horgan Chairman SKH Attachments Project No. 08 -453 122 PLANNING AND DEVELOPMENTIURBANISME ET DE'VELOPPEMENT R-1A RS -2 Tif J............. . . .......... .......... .. ... ..... VA Subject Site/site en question: Location: 410, chemin Highland Road Date: December 29, 2008 PID(s)/NIP(s): portion of / partie du 00428714 Scale/6chelle: Not to scale/Pas 6 Mchelle 123 St. John River 124 Concept Plan "The Royal Gardens at Robertson Point" 410 Highland Road, Saint .John, N.B. Date: April 15, 2008 20 0 2.0 40 60 BO metres 'V ' -- November 22, 2008 Proposed by -law change for, 410 Highland Road We the undersigned live on the Highland Road and are opposed to this proposed by —law change. We have several concerns with the proposal: 1 The property currently looks like a dump yard and has for the past 5 years has been pretty much in the same disrepair. Very much so, that it has triggered the action of the Unsightly Property Act This has been reported to the City several times with little compliance from the owner. 2. This area is still not serviced by city water and sewage and it has been told to us that it is not likely to be in the foreseeable future. How is the owner going to supple this facility these amenities? 3. The Highland Road has no other exit and is very narrow. There are no sidewalks on this road. 'fhis posses a serious danger to all the residents here. What if a fire were to break out up there .many residents could be trapped up on this hill with no way out. 4. This road is in need of some serious TLC and has many blind spot and tricky narrow hills Many city vehicles have serious issues getting up and down this road. 5, This area is all residential, very quiet and all family oriented .A lot of us have children and we do not need a licensed property up here that will propose noise and even more traffic. to an already dangerous road. 6. This property has no way in getting proper access to allow a proper driveway. So what resolutions does the owner have to these issues? 7. Any sewage removal system will be downhill either towards the residents in the area or towards the Saint John River. Plus the fact that the entire area for this proposal is rock .So what resolutions does the owner Mike Saunders have to deal these issues? • Penny Seelye • Stephen Sweet • Elga Garnett • Luke Nichols • Chelsea Tivendale • Mary Burns 405 Highland Road 672 -7738 405 Highland Road 672 -773 8 402 Highland Road 657 -2549 402b Highland Road 645 -1771 402b Highland Road 645 -1771 400b Highland Road 672 -0814 125 t S . . k 126 i • Fred Burns 400b Highland Road 672 -0814 • Troy Burns 400 Highland Road 696 -8409 • Angela Burns 400 Highland Road 696 -8409 • Tom Melanson 403 Highland Road 642 -1222 • Libby Melanson 403 Highland Road 642 -1222 • Sandra Mason 652 -5238 • Brent Mason 652 -5238 • Robert Whipple 20 McLellan St. 693 -0843 • Trina Whipple 20 McLellan St. 693 -0843 k 126 i Sent by e-mail January 7, 2009 Sarah Herring Planning Department City Hall, Saint John, N.B Re: 410 Hi.liland Road yw r JAS! 7 2009 R 4. My property and the property belonging to the estate of Eldon and Freda Ferris (my parents) abuts the property to be rezoned at 410 Highland Road. Although our land hasn't been used in several years since the house had to be demolished because of a fire, it has been in my family since the late 1940's. The estate of Eldon and Freda Ferris originally consisted of approximately 65 acres until 4.5 acres was subdivided and deeded to me. It is not my intention to sell the property, or that of my parents, at this time, but I do understand its value as some of the last remaining undeveloped waterfront property within Saint John on this side of the river and my concern is to protect its value. As a result it is necessary of me to ensure that neighbouring properties are developed in a responsible fashion that will not detract from the value of my land. I have several concerns, namely: (1) privacy: I would need assurance that adequate fencing would be in place to prevent access to my property and to prevent the trespassing of visitors to this tourist accommodation/meeting lodge onto my property which has two deep -water coves and a small shore. (2) noise: meeting halls and banquet halls mean parties...... late night parties;. Most of you are too young to remember the bridegroom who feel to his death off the cliff at the club house at the end of Narrows Road (off Highland Road) a few years ago. (3) water run -off; as this property is developed, the course of the surface water could be affected and since my property is lower in elevation, it could become easily flooded. (4) drinking water: the well water comes through a fissure in the rock ........... our drinking water always came from that well and with the moving of massive amounts of lime rock and blasting, I question whether it will still exist. (5) access to property: the road leading to this property is narrow, not well serviced and ill equipped for any large amount of traffic. 127 Page 2 I'm not against development, nor progress, and with the right safeguards in place, which I would expect the Planning Department to guarantee by way of a section 39 agreement under the Municipal Plan, then some sort of development might be viable, but I have grave reservations to this proposal until I can confirm that my property, and that of my parents estate is well protected and left in the natural state it now enjoys. Yours truly Lorraine Linton 11 Rope Walk Road Saint John, NB E2K 2P9 128 DATE: JANUARY 9, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 13, 2009 SUBJECT: Name of Applicant: Name of Owner: Sarah Herring, MCIP, RPP Planner Michael Saunders Michael Saunders Location: 410 Highland Road PID: 00428714 Municipal Plan: Existing: Low Density Residential Proposed: Approved Commercial Development Zoning: Existing: "RS -2" One and Two Family Suburban Residential Proposed: "B -2" General Business Proposal: To develop a licensed banquet and meeting hall with cabins for overnight tourist accommodation. Type of Application: Municipal Plan Amendment and Rezoning. 129 Michael Saunders 410 Highland Road JURISDICTION OF COMMITTEE: Page 2 Januan, 9, 2009 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed Municipal Plan amendment and rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, January 19, 2009. STAFF RECOMMENDATION TO COMMITTEE: That the application to develop a licensed banquet and meeting hall with cabins for overnight tourist accommodation at 410 Highland Road be denied until such time as improvements are made to the road and City services are available. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed Municipal Plan amendment and rezoning: a) Water and sewer is not available at this location therefore, as noted, services will have to be private on -site systems; b) The existing Highland Road is narrow and has challenging topography; and c) It is assumed that the proposed road would be a private road. Buildings and Inspection Services has no concerns at this point in the process. Saint John Energy previously confirmed that single -phase overhead facilities exist in this area and that all costs for extending the service would be the responsibility of the developer at the time they are requested. Aliant Telecom has no issues with this development. Aliant will work jointly with the developer and Saint John Energy as this development transpires. Please advise if this will be serviced via underground services. Maritimes & Northeast Pipeline advises that this area is all clear and work will not be taking place near the Maritimes and Northeast or Brunswick Pipeline facilities. 130 Michael Saunders 410 Highland Road Page 3 Januan, 9, 2009 Fire Department previously provided extensive comments on its requirements with respect to access route location and design, water supply, fire separations, sprinkler systems, ventilation control and fire protection. In particular, the Department noted that dry hydrants should be installed on the site in the absence of City water supply. N.B. Department of Health has been advised of this application. N.B. Department of Environment has responded that the project will require an Environmental Impact Assessment and, as such, the applicant must contact the Project Assessment Branch of the Department of Environment directly. ANALYSIS: Subiect Site and Neighbourhood The subject site is located at the end of Highland Road in the Milford area of North Saint John. The steeply sloped, undeveloped site has approximately 4.3 hectares (10.6 acres) of area and approximately 63 metres (207 feet) of frontage on an undeveloped portion of Highland Road. The site is currently treed, and extends back to the Saint John River. Highland Road is a narrow, winding street with several blind hills and no sidewalks. The surrounding area contains a small number of single- and two - family dwellings set close to the road on unserviced suburban lots and numerous large parcels of undeveloped land. Slightly higher densities of residential development on smaller serviced lots can be found further east on Highland Road between Narrows Road and Millidge Avenue. Development Proposal The applicant is proposing to constrict a banquet and meeting hall with 10 cabins for overnight tourist accommodation on the subject site (as illustrated on the attached site plan), as well as a boat dock which is not shown on the plan. The applicant has indicated that each of the 10 cabins would accommodate between 2 and 6 persons, for a total of 60 spaces for overnight accommodation. The proposed banquet and meeting hall would accommodate approximately 125 people, and could be rented for weddings, banquets, meetings, business retreats, and family retreats. The applicant intends to license the facility so that alcohol could be served at these functions. A large circular driveway through the development will provide access from Highland Road to the hall, cabins and 40 on -site parking spaces. As City water and sewer services are not available at this location, the applicant intends to service the development with a communal sewage treatment facility. Water would also have to be supplied from a private, on -site well. 131 Michael Saunders 410 Highland Road Municipal Plan Policies and Zoning Standards Page 4 Januan, 9, 2009 The proposed development is a considerable departure from the Municipal Plan's direction for fully- serviced residential development in this area of the City, and requires that the site's designation be amended from Low Density Residential to Approved Commercial Development. Applications for Approved Commercial Developments in residentially designated areas are often evaluated against the Municipal Plan's criteria for compatibility of non - residential uses in residential areas. The current proposal may be able to satisfy criteria pertaining to buffers between the use and adjacent residential uses and the required setbacks; however, it would not satisfy criteria with regard to the type of use, location on an arterial or collector street, maximum floor area, or generation of non -local traffic. Most important of these is the generation of non - local traffic through several small residential neighbourhoods where houses are placed close to a narrow, winding and sub- standard street. Also of concern, the lack of City water and sewer services in this area will necessitate on -site communal sewage treatment facilities and a large on- site well for the proposed development. The "B -2" General Business zone would permit the proposed hall and cabins as a hotel or motel with a lounge and a restaurant, but would not permit a boat dock or marina as proposed in the application, but now shown on the attached site plan. The proposed hall and cabins can meet or exceed the requirements of the "B -2" General Business zone. If the applicant wishes to pursue development of the boat dock, a separate application should be made to zone the area along the shoreline to "P" Park. A commercial boat dock or marina would also require significant approvals from the Department of Environment and Transport Canada. CONCLUSION: The applicant has indicated that his proposal would take advantage of the beautifiil view across the Saint John River to Milford, Randolph Island, Grand Bay and the mountains in Welsford while providing a unique service for the citizens of Saint John and tourists to the area. Similar lodges in relatively remote locations, yet still close to city centres, have proven successfid in other cities and areas of Canada. However, there are serious concerns about the feasibility and safety of developing this proposal at this location. Firstly, Highland Road is a long, narrow, winding local street that passes through several neighbourhoods where houses are located close to the street with no sidewalks. The increase in traffic generated by this proposal would likely have a negative impact on the present and fiiture residents' enjoyment of their neighbourhood and might prove dangerous to both residents and motorists. Secondly, as City water and sewer lines end over half a kilometre from the frontage of this site, the development would have to be serviced by a communal sewage treatment system and a 132 Michael Saunders 410 Highland Road Page 5 January 9, 2009 communal well. This form of servicing can be problematic for regulating agencies, future owners and surrounding properties, and as a result, both are triggers for the Provincial Environmental Impact Assessment Act. Although this proposal presents a unique, interesting and likely popular opportunity for tourism and service in Saint John staff cannot recommend that it be approved due to the potential social and environmental impacts of the proposed development at this location, accessed by a sub- standard local street and without City services. Staff are willing to re- evaluate the proposal should these situations change. SKH Project No. 08 -453 133 "-4ovember 22. 2008 -Ito.Dosed by-law change for, 410 Highland Road We the undersigned live on the Highland Road and are opposed to this proposed by —law change. We have several concerns with the proposal: I The property currently looks like a dump yard and has for the past 5 years has been pretty much in the same disrepair. Very much so, that it has triggered the action of the Unsightly Property Act 'rhis has been reported to the City several times with little compliance from the owner. 2. This area is still not serviced by city water and sewage and it has been told to us that it is not likely to be in the foreseeable future. How is the owner going to supple this facility these amenities? 3. The Highland Road has no other exit and is very narrow. There are no sidewalks on this road. This posses a serious danger to all the residents here. What if a fire were to break out up there many residents could be trapped up on this hill with no way out. 4. This road is in need of some serious TLC and has many blind spot and tricky narrow hills Many city vehicles have serious issues getting up and down this road . 5. This area is all residential, very quiet and all family oriented A lot of us have children and we do not need a licensed property up here that will propose noise and even more traffic to an already dangerous road. 6. This property has no way in getting proper access to allow a proper driveway. So what resolutions does the owner have to these issues? 7. Any sewage removal system will be downhill either towards the residents in the area or towards the Saint John River, Plus the fact that the entire area for this proposal is rock So what resolutions does the owner Mike Saunders have to deal these issues? 0 Penny Seelye 0 Stephen Sweet a Elga Garnett * Luke Nichols * Chelsea Tivendale • Mary Bums • Fred Bums 405 Highland Road 672 -7738 405 Highland Road 672 -7738 402 Highland Road 657-2549 402b Highland Road 645-1771 402b Highland Road 645-1771 400b Highland Road 672-0814 400b Highland Road 672-0814 134 Ila • Troy Bums 400 Highland Road 696-8409 • Angela Bums 400 Highland Road 696-8409 • Tom Melanson 403 Highland Road 642-1222 • Libby Melanson 403 Highland Road 642-1222 • Sandra Mason 652-5238 rkt • Brent Mason 652-5238 • Robert Whipple 20 McLellan St. 693-0843 • Trina. Whipple 20 McLellan St. 693-0843 135 October 31, 2008 Saint John Common Council 15 Market Square, 8"' Floor Saint John, NB Dear Council: I am writing in regards to the rezoning of the property at 410 Highland Road, Saint John. I AM AGAINST THE REZONING OF THIS PROPERTY TO "COMMERICAL". I have lived at the end of Highland Road (near this property) for the past 24 years. I strongly feel that this narrow road can not accommodate any additional traffic. I don't consider myself as one who wants to stop growth and development. Due to the number of blind spots on this steep road, the fact the majority of the road does not have sidewalks, and there is inappropriate / illegal parking on the road, I have to strongly recommend that such a rezoning will only in the future increase the traffic flow and put a lot of more individuals at risk. If the residents in our area are fortunate enough to see a new road connected to the back end of Highland Road, either through Millidgeville or Tartan Street, such a rezoning my be more appropriate. I hope you will consider this rezoning a serious matter for the residence in this area. Thanking you in advance - Yours sincerely, Glen R Ja 'son 364 Highland Road, Saint John, NB 136 Sent by e-mail January 7, 2009 Sarah Herring Planning Department City Hall, Saint John, N,B Re: 410 Hi gbiand Road as My property and the property belonging to the estate of Eldon and Freda Ferris (my parents) abuts the property to be rezoned at 410 Highland Road. Although our land hasn't been used in several years since the house had to be demolished because of a fire, it has been in my family since the late 1940's, The estate of Eldon and Freda Ferris originally consisted of approximately 65 acres until 4.5 acres was subdivided and deeded to me. it is not my intention to sell the property, or that of my parents, at this time, but I do understand its value as some of the last remaining undeveloped waterfront property within Saint John on this side of the river and my concern is to protect its value. As a result it is necessary of me to ensure that neighbouring properties are developed in a responsible fashion that will not detract from the value of my land. I have several concerns, namely: (1) privacy: I would -need assurance that adequate fencing would be in place to prevent access to my property and to prevent the trespassing of visitors to this tourist accommodation/meeting lodge onto my property which has two deep-water coves and a small shore. (2) noise: meeting halls and banquet halls mean parties...... late night parties;. Most of you are too young to remember the bridegroom who feel to his death off the cliff at the club house at the end of Narrows Road (off Highland Road) a few years ago, (3) water run-off; as this property is developed, the course of the surface water Gould be affected and since my property is lower in elevation, it could become easily flooded. (4) drinking water: the well water comes through a fissure in the rock..... . ..... our drinking water always came from that well and with the moving of massive amounts of lime rock and blasting, I question whether it will still exist. (5) access to property: the road leading to this property is narrow, not well serviced and ill equipped for any large amount of traffic. 137 Page 2 I'm not against development, nor progress, and with the right safeguards in place, which I would expect the Planning Department to guarantee by way of a section 39 agreement under the Municipal Plan, then some sort of development might be viable, but I have grave reservations to this proposal until I can confirm that my property, and that of my parents estate is well protected and left in the natural state it now enjoys. Yours truly Lorraine Linton I I Rope Walk Road Saint John, NB E2K 2P9 138 /11� -, , Active Transportation Saint Jahn January 14, 2009 City of Saint John C.F. 1971 Saint John, NB EM 4L I Bear Common Clerk; I am writing this letter in objection to the re- zoning of the property located at 410 Highland Road. I feel that the city should make public access to the Kennebecasis River in the Millidgeville area a priority and the 410 Highland Road property is the last remaining public access area that fits these criteria.. The reason I feel public open space should be such a priority is open space and recreational opportunities are the exact type of thing that attract new residents to a city. In a time when the city of Saint John has seen a year -after -year drop in population it only seems that creating as many neighborhood parks as possible is in the city's best .interest if it hopes to reverse the current population trend. Please consider the long term ramifications or overly aggressive development before it is too late. Once the open space is gone it cannot be replaced. We strongly feel that a public trail should be constructed along the edge of the river from Highland Road (or Spar Cove) to Ragged Point Road. In the immediate term, land and access must be preserved as raw land is developed. Thank you,. Lucas Toron toron.lucas@gmail.com Bike. Run. Walk. to Work. Play. Rely. 139 IN Application for Amendment to Section 39 Resolution or Agreement Demande de modification de la resolution ou de Ilentente relative 'a Particle 39 Applicant Related Information / Renseignements sur le demandeur 1 #A lid j6 (k Name of Applicant / Nom du demandeur* Mailing Address of Applicant / Adresse postale du demandeur V j n—VtL4 2 Postal Code /Code postal Telephone Number Numdro de t6ldphone: Home / Domicile Work / travail Fax Number / Num6ro de t6ldcopieur Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) Postal Code / Code postal Existing Resolution / Resolution actuelle Date of Resolution to be Amended / Date de la rdsolution A modifier Location /Emplacement �,,ZZ- AL-o"'J" Civic No. / No de voirie 1-0 Street / Rue PID / NIP Applicant's Interest in Property / Intdret de demandeurs dan la propridtd 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 enti6rement cotd illustrant votre proposition. (Ddcrire la proposition en d6tail) .P , to C-4., A fee of $300.00 i's 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 ch6qW ou de mandat-poste libel]6 a Pordre de The City of Saint John. Signature of Applicant / Signature du demandeur Date Signature of the owner must be included. / Lasignature due propridtaire doit titre incluse. Signature of Owner (if applicable) / signature du propridtaire (s'il y a lieu) Date 140 -L f w A I � ƒ }� \ �\ . . 444 pis -It - _), .1 L LA wwvppwyl` r.* Yj 142 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Budget Number: 110 0801442 2010 Department: Common Clerk's Office (Account # 7120____._ ..... . . .. . .. . ...... . ... . ....... Contact- Elizabeth Gormley Phone- (506) 658-2862 Fax: (506) 674-4214 Special Instructions (if any): Reference: Proposed Section 39 Amendment —1660 Manawagonish Road . . . ........ Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) ** SJTJ City Information Ad Date(s): Tuesday, December 23rd 2008 Tuesday, January 13", 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): Text: INSERT ATTACHED Call to Action: Elizabeth Gon-n1ey, Common Clerk/Greffi&re communale Contact: I Telephone: (506) 658-2862 143 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 he held in the Council Chamber on Monday, January 19, 2009 at 7:00 p.m., by: Amending the 'Section 39 conditions imposed on the March 26. 1991 rczontna of the property located at 1660 Manaivagonish Road. also identified as 11113 Numbers 00402727 and 55076,35, to permit a revised proposal. REASON FOR CHANGE: To permit the operation of a sctiior'S retirement facility not licensed by the Department of Social Development. The proposed amendment may be mspectcd by my interested person at the office of the C "orm"n Clerk, or in the office of Planning and Development, City Hap, 15 Market Square, Saint John, N.B. between the hours of 8:30 a in. and 4-30 p.m., Monday through Friday, incl usrve, holidays excepted. Written objections to the amendment maw be sent to the undersiened at City Hall. Gliaabeth Gormle+'. C(minion Clerk 658-4052 144 Par les presenlcs, un avis'public est donne par- lequcl lc Conseil communal de The City of Saint. John indique son intention d'examiner une proposition fors de la reunion ordinaire qui sc tiendra daps la Salle du Conseil le lundi 19 janyier 209 19 h en apporlant lea in oc lfteations sulvantes Modification des conditions tmposrcs en vertu de I'artrele 39. le 26 mars 3991, relativenient as rezonage de la proprrete situee au 1660. chemm Manawagonish et portant les NlDs 00402727 ct 55076335, pour, permeltre la presentation d "unc proposition rekisee. RAISON" DE LA MODIFICATION, Permeltre quc soil opetie one maison de retraite pour personnes agees qui nest pas sous la tutelle du Mimstere du Developpement social. "route personae interestee peat examiner la modification proposee au bureau du ,Tcffir r communal on an bureau de I'urbamsrne el du developpcment a fhotel de Mille an 15. Market Square, Saint John, 'N,4, entire 8 h 30 ct 16 h 30 du Iuaidi au vendredi. sau€ les fouls !cries. Vcuillez faire part de vos objections au projet de modification par ecrit a fattention du soussigne a 1'h6tel de ville. Dons au projet de modification par ecril a l'atlenlion du soussigne a fhdtel de ville. Elizabeth Gormley, Grcl'lli&w communale 658-4082 PROPOSED SECTION 39 AMENDMENT RE: 1660 MANAWAGONISH ROAD 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 19, 2009 at 7:00 p.m., by: Amending the Section 39 conditions imposed on the March 26, 1991 rezoning of the property located at 1660 Manawagonish Road, also identified as PID Numbers 00402727 and 55076335, to permit a revised proposal. REASON FOR CHANGE: To permit the operation of a senior's retirement facility not licensed by the Department of Social Development. 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 PROJET DE MODIFICATION DE UARTICLE 39 OBJET: 1660, CHEMIN MANAWAGONISH Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'examiner une proposition tors de ]a rdunion ordinaire qui se tiendra. daps ]a salle du conseil le lundi 19 janvier 2009 i 19 h en apportant les modifications suivantes : Modification des conditions impos6es en vertu. de Particle 39, le 26 mars 1991, relativement au rezonage de la propri6t6 situ6e au 1660, cbemin Manawagonish et portant les NIDs 00402727 et 55076335, pour permettre la pr6sentation dune proposition r6vis6e. RAISON DE LA MODIFICATION: Permettre que soft op6r6e une maison de retraite pour personnes ag&es qui nest pas sous ]a tutelle du Minist6re du D6veloppement social. Toute personne intdrcss6e peut examiner ]a modification propos6e au bureau du greffier communal ou au bureau de l'urbanisme et du d6veloppement A Ph6tel de ville an 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par 6crit A Vattention du soussign6 A 1'h6tel de ville, Elizabeth Gormley, Greffi&c communale 658-2862 145 January 14, 2009 Your Worship and Councillors: SUBJECT: Section 39 Amendment - 1660 Manawagonish Road The Planning Advisory Committee considered the attached report at its January 13, 2009 meeting. Mr. Khalid Malik appeared to speak in support of the application and indicated that he was in agreement with the staff recommendation except for the denial of the more minor variances. He indicated that the current layout of the building might prevent him from meeting the By -law's requirements for minimum unit sizes in all instances. Staff indicated that the applicant should work to eliminate the major variances and re- submit detailed floor plans that demonstrated conformity to the Building and Fire Codes, and then any minor variances that might still be required could be reconsidered by the Committee. No one appeared to speak in opposition to the application; however, one letter of opposition was received by the Committee and is attached. After significant discussion regarding the applicant's proposal and the current state of the subject site and building, the Committee adopted the recommendation as set out below. The Committee also denied the requested variances to reduce the minimum gross floor areas for the proposed dwelling units. RECOMMENDATION: 1. That Common Council amend the Section 39 conditions imposed on the March 20, 1991 rezoning of a parcel of land with an area of approximately 0.8 hectares, located at 1660 Manawagonish Road, also identified as PID Numbers 00402727 and 55076335, to read as follows: a) The use of the property is limited to senior citizen's housing for a maximum of fifteen individuals in association with a group care facility within the existing building; 146 Planning Advison- Committee Januan- 16, 2009 Page 2 b) The site not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above. The site plan must illustrate the retention and upgrading of all existing landscaping and fencing. The approved site plan must be attached to the building permit application for the development; c) The developer pave all access, manoeuvring and parking areas with asphalt and that paved areas be enclosed with continuous cast -in -place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage; d) That adequate site drainage facilities, including necessary catch basins, be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; e) that all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas be landscaped by the developer in accordance with the requirements of the Zoning By -law. The landscaping must extend onto the City street right -of -way to the edge of the street curb /sidewalk; f) That all site improvements shown on the approved site and drainage plans be completed within one year of building permit approval. g) That the development and use of the site and existing building meet all requirements of the City of Saint John Zoning By -law, By -law Respecting Standards for Maintenance and Occupancy of Buildings and Premises, National Building Code, National Fire Code and all other applicable regulations prior to occupancy and use of the proposed senior's housing development. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 08 -582 147 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT R- . 1pe, „ \ "/ N 4r a 7 D 4 u 1 5 VZ x 4 a �a m t - d A Subject Site /site en question: P i •' P .X R -2 + B -2 2 + i i 7 i T Uz- PID(s) /N]P(s): 00402727 and 55076335 Location: 1660 chemin Manawagonish Road Date: December 29, 2008 Scale /echelle: Not to scale /Pas a Mchelle 148 P VZ x 4 a �a m t - d A Subject Site /site en question: P i •' P .X R -2 + B -2 2 + i i 7 i T Uz- PID(s) /N]P(s): 00402727 and 55076335 Location: 1660 chemin Manawagonish Road Date: December 29, 2008 Scale /echelle: Not to scale /Pas a Mchelle 148 IN Qo 0 rl 149 1/4 iml, -X1+ _,1oor Plan 150 Avdi +dr%L,Lm ��k N 1' D O s. f R 4 Tf N C C s Z 4 s 1 151 29 Coronation Avenue Saint John West, N, B. E2M 3Y9 January 12, 2009 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, N.B. E2L 4L1 5 a g t 4 Of . Subject: Section 39 Amendment -- 9660 Manawagonish Road We are opposed to this application based upon the contents of the January 9th Planning and Development Report and, for the following specific reasons. Please note that although the application and the Planning Report focus primarily on the property/structural issues, we feel strongly that 'issues related to the intended operation of the proposed "unlicensed seniors' housing residence" are of equal importance and are therefore presented accordingly. Property /Structural Issues: 1) a) Applicant's long- standing record of Zoning By -law and Minimum Property Standards infractions; b) What specific justification has been provided by the applicant for repeatedly failing to achieve compliance? 2) Lack of sufficient, detailed information concerning food and personal hygiene provisions for residents to determine if planned facilities are adequate; 3) Long -term, wanton neglect of external grounds including lawns, shrubbery and weed control; use of property to store large volumes of junk and derelict vehicles and; random damage within the building itself. 4) Additional stress to traffic volumes for adjacent residences as well as on an already high volume area of Manawagonish Road; 5) Increased and ongoing noise from vehicles and future property maintenance requirements including trash removal, snowplowing, etc.; accompanying negative impact from pollution and dirt from the property to area residences; it 152 Operational Issues: 6) Effective assessment of the intended operation of this "unlicensed seniors' retirement facility" is not possible due to insufficient information provided in the application; . 7) Do the applicants intend to operate the seniors residence themselves and if so, are they qualified? What role(s) do the applicant and or family members intend to occupy in the operation of this seniors residence and how specifically will their skills and qualifications be assessed? 8) #'s 1 and 2 above raise serious concerns in relation to commitment, motivation and financial capacity of applicant to satisfactorily complete renovations and establish the intended seniors' residence; 9) Additional issues concerning the rights and well -being of senior residents which may become known, should this application proceed. Recommendations: It is our position that the application should not be approved. 1) There should be demonstrated cooperation and commitment to achieve compliance on outstanding infractions first before any future application (s) may be considered. 2) No applicant should expect favourable consideration based upon an ongoing, flagrant disregard to remedy the considerable violations, which applications to date have exposed. Property Standards Notices to Comply have been outstanding as far back as 2006. 3) Furthermore, as may be permitted in law, we would recommend that once compliance is achieved, no consideration be given to any application(s) from this property owner for 1660 Manawagonish Road until such time as compliance is satisfactorily maintained. 4) Planning Advisory Committee members and/or City Councillors impose a condition for approval based upon complete and full disclosure of the intended operating scope of this residence by the applicant to the N.B. Dept. of Social Development (or equally qualified alternate source) for complete and comprehensive assessment and approval. 5) We recommend that if this application is destined to receive approval at some future point, that it We recommend that this application only be approved on the basis of the seniors residence being licensed by the Dept. of Social Development only be approved on the basis of the seniors residence being licensed by the Dept. of Social Development 6) We respectively ask that the Planning Advisory Committee and City Council incorporate the issues, recommendations and conditions which may be received from area residents into their deliberations, prior to any favourable consideration this application may ultimately receive. 153 BACKGROUND AND RATIONALE: We are the oldest original land and property owners in Island View Heights. We built our home in 1954, the same year that the Canadian National Institute for the Blind (CNIB) was built. During the years the CNIB was operating on this site, the building and grounds were immaculately maintained, with wonderful gardens and outdoor walkways for residents to enjoy. Residents' appearance and comportment were a positive reflection of the physical amenities and the high quality of personal care given. Sadly, and particularly over the past decade, the building and grounds have received little upkeep. In addition, there has been little effort to rectify the many deficiencies and violations identified by City Hall representatives, just since the most recent prior application of June /July 2008. As noted in the current report, the yard is still full of debris, including what appear to be large portions of building walls, inoperable vehicles and masses of turquoise tubing. Previous documentation stated that several requests for interior floor plans were not submitted by the applicant; as a result, limited details were publicly available to attest to the current state and use of the building's interior. Now, thanks to recent on -site inspections, the existence of large quantities of foreign materials and holes in existing fire separations are among the many issues which have been identified, such that Minimum Standards action for substandard conditions is outstanding. Furthermore, it has now been validated that other persons are currently living in this building in "9 occupied boarding house rooms and 3 occupied self - contained apartments ". Casual observation of this building and ongoing patterns of activity could quite easily have led one to suspect that persons were indeed living in the building, a situation that has been ongoing for years. Shelter is a basic human right. Quality shelter is a standard of living for which we all strive. Within this framework, it is inconceivable that any individual could knowingly place others at risk of personal harm. Although the report states that immediate Orders to Vacate were issued by the Fire Department to all 9 of the boarding house tenants due to unsafe conditions, it is equally important to remember that ALL of these individuals AND the applicant and family are living in this building in violation of the current Zoning or Section 39 conditions on the property, a situation enabled by the applicant for years. 3 154 Based upon the lack of upkeep and the random, willful destruction inside, one cannot help but question the willingness, competency and financial capacity to complete renovations satisfactorily, in accordance with existing standards and, for the duration of future ownership as it will apply to maintenance and upkeep. Neither the application nor the Planning report provide detailed information of the intended operation of this, "unlicensed seniors' retirement facility ". There is however, ample documentation which validates the ongoing neglect of the building and property, continued failure to obtain compliance, knowingly establishing an unauthorized but occupied multi -unit boarding house and self - contained apartments operation, and, . disregard for the personal safety of the individuals occupying these units and the family quarters, On this basis, how could anyone be assured that the residency of their loved one(s) or themselves, if granted under this current application, would be safe, secure and provide a guaranteed, quality standard of living? Without any details as to how specifically the applicant defines the term "seniors" within the context that this enterprise is expectirjg to operate, it is impossible at this time to resolve concerns relating to personal independence, dietary and health care requirements/ provisions and, meeting hygiene needs of future residents, to name but a few. Floor plans as presented indicate living quarters will be on the second floor and the only washroom facilities are shown on the first floor. Are residents going to be expected to travel up and down stairs and share one washroom? Will staff members also use this same washroom? Which units (if any) will have bath or shower facilities? If some units, such as the proposed bachelor units, will not have bathing facilities, where and how specifically will these residents needs be met? Kitchen facilities are also shown on the first floor. For those who chose to take their meals in, are meals going to be delivered to individual resident rooms? Are residents going to be expected to report to a common, group dining area on the first floor for meals? What about snacks or ensuring the availability of food for those whose medication must only be taken with food. Will the kitchen be accessible to residents 24 hours a day? Who will prepare the meals? Which residents' quarters, if any, are intended to accommodate cooking? Using a coffee maker or teapot? How will the residence be staffed? At this point, the only known detail is that the applicant is seeking to operate an unlicensed residence, thus avoiding the mandatory association with the N.B. Dept. of Social Development; nursing staff will also not be needed. What about an emergency preparedness plan? What happens if someone takes ill or has an accident? Who will be responsible for seeking emergency aid? We urge the Planning Advisory Committee and /or City Councillors to engage the N.B. Dept. 'of Social Development (or equally qualified alternate source), to undertake a comprehensive assessment of the intended operating parameters of this seniors residence before any approval is given. 4 155 This would reasonably include but not be limited to specific definition of the intended target group to be served; skills and qualifications of staff and on -site managers to be hired; operating and strategic plans; capacity to deliver optimum dietary program; and, emergency preparedness. In closing, much additional information is required from both. a property /structural AND operational perspective, before this application may be appropriately assessed. In its present form, this application appears to be little more than a new attempt, using the same process, to secure the same goal... approval from city officials for residency and, a means of generating personal revenue in the most expedient manner possible, without satisfying established requirements. It is reassuring that existing standards and legislation do afford detailed and continued scrutiny of multiple applications from the same source until such time as all humane and legal requirements may be met. The opportunity to be informed and respond to this application is appreciated. Respectfully yours, Original signed by Doris Johnston Cecil Johnston 5 156 DATE: JANUARY 9, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 13, 2009 157 Sarah Herring, MCIP, RPP Planner SUBJECT: Name of Applicant: Khalid Malik Name of Owner: Khalid Malik Location: 1660 Manawagonish Road PID: 00402727 and 55076335 Municipal Plan: Low Density Residential Zoning: "IL -1" Neighbourhood Institutional Proposal: To operate a senior's retirement facility not licensed by the Province of New Brunswick's Department of Social Development. Type of Application: Section 39 Amendment and Variances to: a) Reduce the minimum gross floor area for a bachelor dwelling unit from 32 square metres to a minimum of approximately 21.4 square metres; 157 Khalid Malik 1660 Manawagonish Road JURISDICTION OF COMMITTEE: Page 2 Januan, 9, 2009 b) Reduce the minimum gross floor area for a one - bedroom dwelling unit from 41 square metres to a minimum of approximately 32 square metres; and c) Reduce the minimum gross floor area for a two - bedroom dwelling unit from 60 square metres to a minimum of approximately 51 square metres. 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 19, 2009. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the Section 39 conditions imposed on the March 20, 1991 rezoning of a parcel of land with an area of approximately 0.8 hectares, located at 1660 Manawagonish Road, also identified as PID Numbers 00402727 and 55076335, to read as follows: a) The use of the property is limited to senior citizen's housing for a maximum of fifteen individuals in association with a group care facility within the existing building; b) The site not be developed except in accordance with a detailed site plan, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features, including those listed above. The site plan must illustrate the retention and upgrading of all existing landscaping and fencing. The approved site plan must be attached to the building permit application for the development; c) The developer pave all access, manoeuvring and parking areas with asphalt and that paved areas be enclosed with continuous cast -in -place concrete curbs where necessary to protect landscaped areas and to facilitate proper drainage; 158 Khalid Malik 1660 Manawagonish Road Page 3 Januan, 9, 2009 d) That adequate site drainage facilities, including necessary catch basins, be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; e) that all areas of the site not occupied by buildings, driveways, walkways, parking or loading areas be landscaped by the developer in accordance with the requirements of the Zoning By -law. The landscaping must extend onto the City street right -of -way to the edge of the street curb /sidewalk; f) That all site improvements shown on the approved site and drainage plans be completed within one year of building permit approval. g) That the development and use of the site and existing building meet all requirements of the City of Saint John Zoning By -law, By -law Respecting Standards for Maintenance and Occupancy of Buildings and Premises, National Building Code, National Fire Code and all other applicable regulations prior to occupancy and use of the proposed senior's housing development. 2. That the Planning Advisory Committee deny the requested variances to reduce the minimum required gross floor areas for the proposed dwelling units. BACKGROUND: The subject site, which is the former CNIB School for the Blind, was rezoned from "R -IA" One Family Residential and "R -2" One and Two Family Residential to "IL -1" Neighbourhood Institutional in March of 1991. The rezoning was approved pursuant to the following Section 39 conditions: 1. The use of the property is limited to the following: a. A group care facility licensed by the NB Department of Health and Community Services as a special care home for a maximum of fifteen senior citizens and mentally or physically disabled adults in the existing building; b. Senior citizen's housing in association with a group care facility in the existing building; and c. A kindergarten, nursery or day care centre in the existing building. 2. The property be redeveloped and maintained in accordance with a site plan approved by the Development Officer indicating the following: 159 Khalid Malik 1660 Manawagonish Road a. Retention of existing landscaped areas and fencing; Page 4 Januan, 9, 2009 b. A properly drained asphalt parking area and driveway enclosed by poured -in -place concrete curbs and providing a minimum of one space per six beds in the special care home, 0.6 spaces for each senior citizen's apartment and one space for each seven children enrolled in the daycare centre; and The site improvements indicated on the site plan be completed within one year of building permit approval. In July of 2008 the applicant requested that the subject site be rezoned from "IL -1" Neighbourhood Institutional to "RM -1" Three Storey Multiple Residential to permit the existing building, plus a two - storey addition, to be converted to a multiple -unit apartment building. This application also required a variance to increase the maximum permitted height of a building in the "RM -1" Three Storey Multiple Residential zone from three storeys to four storeys. Following the Planning Advisory Committee meeting on July 15, 2008 where the Committee recommended denial of the application, the applicant requested that the Public Hearing be postponed and then, on October 10, 2008, he requested that Common Council withdraw the application. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on this application: a) The developer's engineering consultant must review the existing water and sewer systems to determine the impact this development will have on existing water and sewer infrastructure and also ensure that this proposal does not exceed the current capacity of the existing systems. The developer's engineering consultant must also ensure that the existing water system is of sufficient quantity and pressure for the proposed development. The developer's engineering consultant must provide the required information to the City for review. b) The developer must provide a detailed engineering site drainage plan to the City for review. c) Engineering comments will be made about servicing once detailed engineering plans are provided in plan and profile. d) All parking should be provided on -site. I e1 Khalid Malik 1660 Manawagonish Road Page 5 Januan, 9, 2009 Buildings and Inspection Services advises that the property is currently under Minimum Standards action for substandard conditions. Fire Department offered the following summary of their findings from an inspection on January 8, 2009: there was no form of fire protection for the property, while there were smoke alarms in most of the units no fire alarm system was working in the building, there was no sprinkler system and the water standpipe system was not working. There were also fire separation issues as doors to the units were not fire- rated, self- closing devices were not installed, there were no rated separations between floors and the stairways, and there were holes in the existing fire separations. There were no emergency or exit lights, a lack of proper hardware on the exit doors and inside storage of large volumes of building materials. The plan to establish a senior's home would required that Mr. Malik renovate the building as per the 2005 National Building Code and the 2005 National Fire Code and he would also have to have the approval of the Provincial Fire Marshall, Department of Social Development, Building Inspection, and the Fire Department. N.B. Department of Social Development has confirmed that senior's retirement homes which do not provide nursing care for residents are not licensed by the Province. ANALYSIS: Subiect Site and Neighbourhood The subject site is located on Manawagonish Road adjacent to the Island View Heights single - family residential subdivision. The Cedar Hill cemetery abuts the site to the east and adjacent areas of Manawagonish Road contain a variety of single- and two - family dwellings, the Saint John Animal Hospital and the offices of the Atlantic Baptist Convention. The 0.8 hectare (2 acre) subject site contains a large, two - storey brick institutional -style building constricted in 1954. As noted in the Background section of this report, the building was built as a residential school for the Canadian National Institute for the Blind (CNIB), and was subsequently used for church- related activities for a Church of Jesus Christ of Latter -Day Saints congregation. Most recently, the site was rezoned to be used as a group care home, day care centre and senior citizen's housing development in association with a licensed group care home in the existing building. The site also contains a large circular driveway leading to a paved parking area at the rear of the building, and large landscaped area around the building. During a site inspection by Planning, Building Inspection and Fire Department staff on January 8, 2009 the following issues and concerns were identified: fflot Khalid Malik 1660 Manawagonish Road Page 6 Januan, 9, 2009 a) The rear parking area contains a variety of materials, including four derelict vehicles, portions of a building and parts of what appear to the a large waterslide; b) First storey areas, including the proposed kitchens, dining room, fitness room and auditorium, are filled with a variety of materials including parts of a large waterslide, lumber, mattresses, televisions and bicycles; c) The second storey, which is divided into numerous small bedrooms and common washrooms from the time when the building was used as the CNIB school currently houses the applicant's family in the east wing, 9 occupied boarding house rooms and 3 occupied self- contained apartments. During the inspection the Fire Department issued Orders to Vacate for all 9 of the boarding house tenants due to the unsafe conditions in the building as well as several other Orders for Fire Safety violations. As previously noted, a number of Minimum Standards violations were also documented during this inspection and the applicant will be issued with another Order to Comply from the Building Inspection Department. This use of the existing building for residential purposes is not permitted by the current Zoning or Section 39 conditions on the property. Development Proposal As the applicant no longer operates a special care facility at this location, an amendment to the Section 39 conditions is required to permit his family's residency and any other use of the building. The applicant is currently proposing to establish and operate a senior's care home similar to the Chateau de Champlain where residents would live in self- contained suites and be provided with meals if they wished and shuttle service. The applicant is not proposing to provide nursing care and, as such, the facility would not be licensed by the Provincial Department of Social Development. As a result, the applicant is requesting an amendment to the existing Section 39 conditions to remove the requirement that senior's housing be provided only in association with a group care home licensed by the Province. Floor plans submitted by the applicant indicate that he intends to renovate the second floor of the existing building to provide 15 dwelling units for senior citizens, with 5 bachelor suites, 8 one - bedroom units, and 2 two - bedroom units. The first floor of the building would be used for kitchens, dining room, fitness room, laundry room, auditorium and washrooms. Zoning Requirements The property is currently zoned "IL -1" Neighbourhood Institutional with Section 39 conditions restricting the development and use of the site. In addition to the requested Section 39 162 Khalid Malik Page 7 1660 Manawagonish Road Januan, 9, 2009 amendment to permit a senior's retirement facility without licensing by the Provincial Department of Social Development, the applicant's proposal requires variances to reduce the minimum gross floor area of the proposed dwelling units. The Zoning By -law requires a minimum gross floor area of 32 square metres (344 square feet) for each bachelor dwelling unit, and the applicant has proposed 5 bachelor units ranging in size from approximately 21.4 square metres (230 square feet) to approximately 31.7 square metres (341 square feet). A minimum gross floor area of 41 square metres (441 square feet) is required for each one - bedroom dwelling unit, and the applicant has proposed 8 one - bedroom dwelling units ranging in size from approximately 32 square metres (344 square feet) to approximately 44.4 square metres (478 square feet). Finally, a minimum gross floor area of 60 square metres (646 square feet) is required for each two - bedroom dwelling unit, and the applicant has proposed 2 two - bedroom dwelling units with approximately 51 square metres (550 square feet) each. Although some of the proposed dwelling units require only minor variances for the gross floor area, others are proposed with floor areas significantly below that required by the Zoning By -law. Staff cannot support the more major of these variances and recommend that all of the requested variances be denied to allow the applicant to reconsider the number and layout of the proposed apartments. Recognizing that the relocation and removal of existing interior walls may prove difficult, it is recommended that the applicant submit detailed floor plans to the Building Inspector for evaluation of compliance with the Zoning By -law and the National Building and Fire Codes. Aside from these variances, the proposal meets the requirements of the "IL -1" Neighbourhood Institutional Zone. The By -law requires 0.6 parking spaces per dwelling unit for senior citizen's housing, and the existing parking area can easily accommodate over twice the required 9 parking spaces. CONCLUSION: The previous rezoning of this property to "IL -1" Neighbourhood Institutional indicated that an institutional use, such as a group care facility and senior citizen's housing, is an appropriate re -use of this existing building. The current proposal, although slightly different than what is permitted under the existing Section 39 conditions, can also be considered an appropriate use for this building. Other senior citizen's housing facilities in the City, such as Chateau de Champlain in Millidgeville, are operated similarly to the proposed facility without licensing by the Provincial Department of Social Development. However, many of the proposed dwelling unit sizes are not acceptable and should be revised to meet the requirements of the Zoning By -law as well as the Building and Fire Codes. Given the applicant's long history of non - compliance with both the Zoning By -law and the By -law Respecting Standards for Maintenance and Occupancy of Buildings and Premises (Minimum Property Standards), it is strongly recommended that no occupancy of the building be permitted 163 Khalid Malik 1660 Manawagonish Road Page 8 Januan, 9, 2009 until such time as the Building Inspector and the Development Officer are satisfied that all necessary work to comply with all applicable by -laws and regulations has been completed. It is further recommended that these requirements and standards conditions regarding the development of the site be included in the amended Section 39 conditions. SKH Project No. 08 -582 164 M &C- 2009 -015 January 16, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning Application (Kings Valley Consulting Ltd.) 595 Hillcrest Road On January 13, 2009 the Planning Advisory Committee considered a rezoning application by Kings Valley Consulting Ltd. for a property situated at 595 Hillcrest Road. A public hearing has been advertised for this rezoning for Monday, January 19, 2009. At the Committee meeting the applicant requested a copy of a letter from N.B. Department of Environment with respect to a comment they supposedly made concerning this matter. This comment was included on page 8 of the staff report considered by the Committee, and stated "that the proposed rezoning not be recommended or approved to the extent that it would subject this long established pit and quarry operation to additional limits on the area from which valuable and scarce materials can be extractetL " At the meeting staff agreed to provide a copy of the letter in question to the applicant prior to the public hearing. However, subsequent to the meeting it has been discovered that the comment in question was not received from N.B. Department of Environment, but rather this was a comment made in a letter received from Robert Ridgway of Galbraith Constriction Ltd. (and Galbraith Equipment Co., Ltd.), an adjoining property owner in opposition to the rezoning. Under the circumstances both planning staff and the applicant agree that the Planning Advisory Committee will need to reconsider the application with an amended report removing this comment. Correspondence has been received from the applicant requesting the public hearing be cancelled and that a new hearing be advertised as soon as possible (see attachment). 165 Report to Common Council Januan- 16, 2009 RECOMMENDATION: Page 2 That Common Council schedule a new public hearing for the rezoning application of Kings Valley Consulting Ltd. (595 Hillcrest Road) for Monday, February 16, 2009 at 7:00 p.m. in the Council Chamber, and refer the application back to the Planning Advisory Committee for a new report and recommendation. Respectfi lly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment i.. Page 1 of 1 O'Hearn, Mark From: Rod Crowther [rodcr @nbnet.nb.caj Sent: January 15, 2009 10:20 am To: O'Hearn, Mark Subject: 595 Hillcrest Mark, RE: PAC meeting & misquoted references by the "NB Dept. of Environment " My client wishes to cancel our presentation to Council this coming Monday. He prefers your second choice and readvertise as soon as possible the Rezoning application. Please advise me if we have to be at council this Monday evening. Rod Crowther Kings Valley Consulting Ltd. 140 3 Hampton Road Suite 140, Rothesay NB, E2E 5Y3 Phone # 506 847 -2878 Fax # 506 849 -4486 Web Site: www.landplanning.ca 15/01/2009 167 Application for a Zoning By -law Amendment Demande de modification a Parrite sur le nonage Applicant Related Information / Renseignements sur le demandeur Name ofAppilCant / Nom dudemandeur Rod Crowther/ Kings Valley Consulting Ltd. Mailing Address of applicant /Addressepostafedudemandeur 140J hampton Road, Suite 140 Rothesay, NB. Postal Code /Code postal E2E 5Y3 Telephone Number /Numerodeone 506 847 -2878 Home /Domicile 506 847 -2878 WadrIThraa 506 847 -2878 Fax Number /Numkodetadoopimr 506 849 -4486 Name of Property Owner(iifdiffeernt) /NOMdu propriitatre (si different) Maritime Abrasives Ltd. Address /Adresse P.O. Box 1324, Saint John, NB Postal Code /Codeposlal E2E 4H8 Property Information / Renseignements sur la proprieli Locati on I l3nplacenent Hillcrest Road beside; adjacent to Marilyn Drive 00352674 Civic # / No de voirie Street /Rue Pip / NIP Lot Area I Super icie du lot 12.37H Street Frontage/ FaVade sur 190.01 M Existing Use of Property/ Utilisation actuelie de la Raw land; undeveloped MunidpWPlanland[TseDeWpation Unserviced Residential Designinicn de utibation des teeut sur le plan municipal Amendment Requested / Modification demandee Present Zoning I Zonage actud R.F 4 ZS' I n-v% -D . Y Change Zoning to / Modiffication du nonage a RR emd/arIOU Y Text Amendment (indicate particulars) / Modification due texte (mdict= les details) 1. Tentative approval of Phase 1 of S/D Plan; consisting of Lots A -1 to A- 14 (NOt 2. Road frontage Variance of 6M on Lots A- 10 to A -14. 3. Road frontage variance of 3 M on lots A -2 to A- 5. 4. Lot size variances as shown on Tentative Plan, CBCL Limited Plan; MacDonald Subdivision #082813. 5. Use variances, allowing for homes with granny suites on any lots with an area size of 5,400 sq. meters or larger. S3WVO 39Vd WBAKE CENV ONINNVId I LS :L8 808 /D3 /Bt I•: home Development Proposal / Proposition d'aminagement Description of Proposal I Description de la proposition The first phase encompasses lots A -1 to A -15 and single family homes. This will get us started with a road and allow further investigation of the remaining lands, shown as lots B -I to B -4. The Second Phase encompasses a small lake with very good topo's. We envision larger lots here with the possibility of allowing homes with granny suites and allowing for daycare/ child care uses for up to 12 children. You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any otherform of information The plan must show the dimensions of the property, the location of all badelBrigs, chJveways, parking areas, landscaping and signs. P is important that the distance between the property boundary and buildings are shown bars deveg fournir un plan du site a illustrant votre proposition Yous pouvez egalement fournir des photographies, des plans de bailment, des dessins de plan delevation et Saute mare forme de renseignement. Le plan dolt indi quer les dimensions de la propni te, ("emplacement de la Waite des Oddments, des allies, des sires de stationnement, des amenagements poysagers et des panne= de signalisanon. R est importer it d'indiquer la distance entre les limites de la propriete et les bailments. Provide reasons why these amendments should be approve& / Foumir tout aut<e renseiguernent couccntt:nt vat proposition qui pourrait etre approuvees The current Municipal Plan of the City of Saint John does not allow for an RS -2 rezoning from an RF zoning. By allowing these variances we gain 2 additional lots, before we get to the second phase. The Minimum lot width of 60 meters does fit with our huge lot depths, wasting this land resource. The depth of our lots, (averaging in excess of 85 meters) far exceeds the minimum Iot depth of 40 meters. Provide any other information about your proposal that would be helpful. / lionrni' rtout awe renseignement ooncemant yore proposition qui pourait 6tre We believe this subdivision area consists mostly of gravel, not rock, which will defray septic tank and developing costs. With a small lake and some high elevations surrounding some of the lots, we are anticipating some varied uses and designs. Signature of Applicant/ Signature dudemandeur Rod 4JW&AffV4/ Kings Valley Consulting Ltd. Date November 12th, 2008 $400 Application Fee Enclosed / G -joint les flais de demande do 400 S Ifyou are not the owner of the land in question Si vows nvites pas le prOprifaire du terrain en question, please have the owner sign below. The signature of vettillez obtenir la signature du propridtaire dons to porde the owner is authorizing this application to proceed ci- dessous. La signature du propriaaire autorisant le for consideration by Common Council traitement de lapresente demande pour que cede derniere soft examinee par le coned communal. Signature of Owner (if applicable) Signatine clue proprietaire Wily a lieu) Date: ydl�b 39Vd d013 3i CENV ONINNVid z LS •L8 BOO /U /BT 169 Kings Valley Consulting Ltd. 140 J Hampton Road Suite 140, Rothesay, N.B. Me 5y3 Email kingvai @nbnet.nb.ca telephone (506) 847 -2878 fax (506) 849 -4486 October 1, 2008 City of Saint John, Planning & DeveIopment, c/o Mark O'Hearn P.O. Box 1971, Saint John, NB, E2L 4L I Dear Mr. 0' Hearn, Re: Owner: Maritime Abrasives Ltd. PID# 00352674 Land Size: 12.37H or 30 Acres Authorization letter Maritime Abrasives Ltd. wish to prepare the above parcel of lands for residential development uses. Our present land use zonings are RS -1 & RE These land uses will require rezoning the above parcel and our preference is to Zoning. Please accept this letter, authorizing Mr. Rod Crowther of Kings Valley Consulting Ltd to act in our behalf, concerning all development matters & rezonings of the above lands. Andrew MacDonald Date Maritime Abrasives Ltd. 170 Service mew 131Uf1SWICK ID# 00352674 ,�.�• r 01 ;y ,.�' s b ., aW' rp•' p, �� i b , 1 3 „a b \ i 0 i i i 4 Idomppw ti Map Scale 1 tchelle cartographigue 1 : 10000 Overview Map of Maritime Abrasives Ltd Property Hillcrest Road, PID# 00352674 Land Size 12.37 H or 30 Acres 171 City of Saint John INTERNAL INSERTION ORDER Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad s "^ ^3 tDrn L SJTJ Independent Placement SJTJ Classifieds (Boldface any Tab, etc.) Section Headline: L, roposal ® Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658 -2862 173 PUBLIC NOTICE Public Notice is herchv eivm that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-laiv at its regular meeting to be held in the Council Chamber on Monday, Jgnuary 19, 2009 at 7-00 pm., by. Re,zoning a parcel of land located at 595 Hillcresi Road, having an area of approNimalcIN 12 4 Nclares, also ideraffiLd as boirg PID No 00352674. from "RS-1" One und Two F=il) Suburban Residential and 'RF" Rural to "RR" One Famili R Residential, ,is illustrated below N REASON FOR CHANGE- To rezone the subject area in order to unelcilakc a rural residential subdhision. The proposed amendment may he inspected by any interested person at the offloo of the Common Clerk. or in the office or lllaimiii_ and Devclopnient. City Hdll, IS Markel Square, Sault John, N.B between the hours of 8.30 a.m and 4.30 p.m., Monday through Fnday, inclusive, holidays excepted. Written objections to the amendment may he sent to the undersigned at City Hall. Elizabeth Gormfe%. Common Clerk 6SN-2X62 AVIS PUBLIC Par les pi ocntus, on axis public est donne par 1equel le consed communal de The City of Saint John indielue son intention il'eLudler la modification suivante a I'JTOle stir le nonage de The City of Saint John, lors de ]a reunion malmaire qui.w liendra daps la Salle du conscil le lundi 19 jamier 2009 a 19 h, en apporldril la modification suivante �j willamillales et ldfamilhiles i(RS-h) et zone rurale 44 RF is a zone r6swentiefle Furale — habitations urdfamiflides as R)). comme le niontre la carte ci- dessoui. AAISON DE LA MODIFICATION: Rezoner ]a parcelle de entreprendre une subdAision r6sidentielle rurale. Terme personne inl6raske pearl examiner la modification PRIPOSiC an bureau do greffier communal on au bureau de i'urbantsme et do developpement a 116tel de Nille silu6 an 15, Markel Square. A Saint John. an Nouveau-Brunswick, entre X h 30 et 16 h 30 do lundi an vendrech, sauf ley iours Veinilez faare part de vos ohlections an pro)el de modification par ecrit a (attention du soussig6 a I'heitel de % ire Elizabeth Gormley. Grefflire communale 658•2862 174 PROPOSED ZONING BY -LAW AMENDMENT RE: 595 HILLCREST ROAD 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 19, 2009 at 7:00 p.m., by: Rezoning a parcel of land located at 595 Hillcrest Road, having an area of approximately 12.4 hectares, also identified as being Pm No. 00352674, from "RS -I" One and Two Family Suburban Residential and "RF" Rural to "RR" One Family Rural Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To rezone the subject area in order to undertake a rural residential subdivision. 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 176 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 595, CHEMIN HILLCREST Par les presentes, un avis public est donn6 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, tors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 19 j anvier 2009 a 19 h, en apportant ]a modification suivante : Rezonage d'une parcelle de terrain situee au 595, chemin Hillcrest, d'une superficie approximative de 12,4 hectares et portant le NID 00352674, afin de faire passer la classification de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales «RS -1» et zone rurale << RF >> a zone r6sidentielle rurale — habitations unifamiliales «RR», comme le montre la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Rezoner la parcelle de terrain en question de sorte a entreprendre une subdivision r6sidentielle rurale. Toute persorme int6ressee peut examiner la modification propos6e au bureau du greffier communal ou au bureau de 1`urbanisme et du developpement a l'h6tel de ville situe au I5, Market Square, a Saint John, au Nouveau - Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit 6 1'attention du soussigne a 1'h6tel de ville. Elizabeth Gormley, Greffi6re communale 658 -2862 BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRETE No C.P. 110 - ARRRTE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une reunion du Conseil John in Common Council convened, as communal, The City of Saint John a follows: decret6 cc qui suit : 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 located at 640 Hillcrest Road, having an area of approximately 38.5 hectares, also identified as being PID Nos. 00310615 and 55062053, from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural Residential, classification - 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. 2009 and signed by: a Rmina 7 L'arret6 sur le zonage de The City of Saint John, d6cret6 le dix -neuf (19) &cembre 2005, est modifie par: 1 La modification de 1'annexe <<A », Plan de zonage de The City of Saint John, rezonage d'une parcelle de terrain situee au 595, chemin Hillcrest, d'une superficie approximative de 12,4 hectares et portant le NID 00352674, afin de faire passer la classification de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -1» et zone rurale c< RF » a zone r6sidentietle rurale — habitations unifamiliales <<RR» - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arr6te. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2009, avec les signatures suivantes First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - 177 roisie e lecture January 16, 2009 Your Worship and Councillors: SUBJECT: Rezoning Application (Kings Valley Consulting Ltd.) 595 Hillcrest Road The Planning Advisory Committee considered the attached report at its January 13, 2009 meeting. The applicant, Rod Crowther of Kings Valley Consulting Ltd., appeared before the Committee in support of the rezoning application. Mr. Crowther also submitted a letter that he read from during his presentation (see attachments). Mr. Robert Ridgway of Galbraith Constriction Ltd. and Galbraith Equipment Co., Ltd. appeared before the Committee expressing concerns with regards to the proposed rezoning. Mr. Ridgway also submitted a letter that he read from during his presentation (see attachments). Finally, Mr. Bill Edwards (Commissioner of Buildings and Technical Services) spoke concerning the regulation of gravel pits and quarries by the City, and specifically about the various complaints received from residents where extraction activities have occurred in close proximity. After considering the presentations and staff report, the Committee resolved to adopt the staff recommendation to deny this application, which is set -out below for your convenience. RECOMMENDATION: That this application be denied. Respectfidly submitted, Carl Killen Vice - Chairman Attachments Project No. 08 -541 178 DATE: JANUARY 9, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JANUARY 13, 2009 Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Kings Valley Consulting Ltd. Name of Owner: Maritime Abrasives Ltd. Location: 595 Hillcrest Road PID: 00352674 Municipal Plan: Rural Zoning: Existing: "RF" Rural & "RS -I" One and Two Family Suburban Residential Proposed: "RR" One Family Rural Residential Proposal: To rezone a property in order to undertake a rural residential subdivision in phases. Type of Application: Rezoning 179 Kings Valley Consulting Ltd. 595 Hillcrest Road JURISDICTION OF COMMITTEE: Page 2 Januan, 9, 2009 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 19, 2009. STAFF RECOMMENDATION TO COMMITTEE: That this application be denied. BACKGROUND: On March 7, 1995 the Planning Advisory Committee favourably considered a subdivision application involving the creation of three unserviced residential lots from the original property. These lots are situated in front of the subject site, being 581, 605 & 615 Hillcrest Road (PID Nos. 55115307, 55115315 & 55115323). Concerning this previous subdivision in 1995, Common Council assented to any necessary public utility easements, and accepted a cash -in -lieu Land for Public Purposes dedication for these lots. Variances were also granted by the Planning Advisory Committee in order to allow for the creation of new unserviced residential lots. These variances were granted on the condition that an area drainage plan had to be approved, and that any required upgrading to the existing road cross - culvert or ditching was to be undertaken by the subdivider. The Committee also granted a variance to allow the remainder to have a reduced width of 20 metres (66 feet) instead of the required 60 metre (197 foot) standard. The reduced street frontage for the remainder was granted on the basis that it could accommodate the possible fiiture development of a public road. The developer satisfied all these conditions, and the final subdivision plan was endorsed for registration on September 18, 1995. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments regarding this application: (a) The developer's engineering consultant must provide a detailed site storm plan/report to the City for approval. �:I Kings Valley Consulting Ltd. 595 Hillcrest Road Page 3 January 9, 2009 (b) There are no municipal services in the area. All private on -site services must be approved by the N.B. Departments of Public Health and Environment. (c) Detailed engineering plans (drainage and street) must be provided to the City for approval. (d) There are nearby pit and quarry activities, and the proximity of the proposed residential lots (i.e., wells) to these land uses may be an issue with the N.B. Department of Environment. (e) The adjacent street (Marilyn Drive) is a long cul -de -sac. The fiirther request for another long cul -de -sac (Eastridge Drive) may lead to even fiirther requests for such streets. Street interconnection to adjoining lands is recommended. (f) All required setbacks for watercourses, wetlands and other such features required by the Province of New Brunswick must be respected. Buildings and Inspection Services has no concerns about this proposed subdivision. Saint John Transit has indicated that no service is provided in this area of the community. Saint John Energy has been advised of this matter. Aliant Telecom has been advised of this application. Rogers has been advised of this proposal. Maritimes & Northeast Pipeline has no concerns about this proposed development. Leisure Services has been advised of this subdivision development. Fire Department advises against accepting the proposed length of the cul -de -sac street. N.B. Department of Health has been advised of this unserviced residential subdivision. N.B. Department of Environment has provided comments concerning a nearby quarry operation (see attachments). No comments have yet been received from the Department of Environment concerning the proposed subdivision (i.e., suitability of the proposed lots with respect to private wells). Typically the Department requires a report be undertaken by a qualified consultant. This will be especially important given the proximity of a pit and quarry operation in the area, as well as there may be concern with regards to the reduced size of some of the proposed lots. Kings Valley Consulting Ltd. 595 Hillcrest Road School District 8 has been advised of this proposed subdivision. ANALYSIS: Tntrnrinetinn Page 4 Januan, 9, 2009 A rezoning and subdivision application has been submitted by Kings Valley Consulting Ltd. seeking permission to develop a rural residential subdivision at 595 Hillcrest Road. A long existing pit and quarry operation is situated to the north of the subject property that raises serious concerns with respect to this application. Therefore, the purpose of this report is only to consider the requested rezoning. If necessary, a fiurther report can be prepared with respect to the proposed subdivision. Comments about the subdivision have been included for the benefit of the developer. A revised tentative plan was submitted by the applicant at the time of preparing this report (see Maritimes Estates tentative plan). Unfortunately, there was insufficient time to analyze the revised plan, or to seek further input from other City departments and public utility agencies about these changes. Rural Residential Subdivisions The subject property is situated at 595 Hillcrest Road, has an area of 12.4 hectares or 30.6 acres, and a depth of 758 metres (2,487 feet) (see location neap). The subject area is designated by the Municipal Development Plan as Rural. According to the Municipal Plan, Rural areas are envisioned to be composed of very large lots (generally 4 hectares or more) outside of the staged (serviced) development areas of Schedule 9 -A. These lands may be used for agricultural or woodlot purposes as well as individual homes. In the late 1980s the Municipal Plan (and implementing by -laws) was amended to allow rural residential subdivisions to be developed in designated Unserviced Residential and Rural areas of the municipality. These planned, low density residential subdivisions are to be separated from existing built -up areas, and while they are to be oriented economically towards a nearby urban centre, they themselves are to provide a minimum of urban services. This form of development is intended for persons who value the natural environment and prefer a more isolated setting.' The value of rural living is assumed to compensate for any inconvenience involved. If properly implemented, these developments will be attractive to people who want to live in a more rural setting close to the urban area. This will help retain the City's population and provide better i Municipal Development Plan, Part Two — Land Use, p. 15. Municipal Development Plan, Part Two — Land Use, p.19. 182 Kings Valley Consulting Ltd. 595 Hillcrest Road Page 5 Januan, 9, 2009 support for retail, entertainment, and cultural facilities in the City than would similar development occurring in outlying areas. However, it is important to avoid some possible problems with this type of development. The City does not want to be faced in the future with the provision of expensive urban servicing for low- density development at some distance from the built -up areas. A rural type of service, usually on -site wells and septic systems, will be regarded as a permanent feature of this lifestyle. The following policies respecting rural residential subdivisions cannot be satisfied with respect to the proposed (and revised) tentative subdivision plan: • The subdivision shall generally have no fewer than 20 lots; and • Proposed lots shall have a minimum lot size of 5000 square metres (53,821 square feet). The eventual development of the subject property and adjoining lands would address the requirement for at least 20 lots, provided street interconnection is made between developing subdivisions. The request for a smaller lot area than required for rural residential subdivisions cannot be properly considered without investigation by the N.B. Departments of Public Health and Environment. It would not be prudent to reduce the normal lot standard of 5000 square metres (53,821 square feet) to varying areas between 4210 square metres (45,318 square feet) to 4895 square metres (52,691 square feet) for certain proposed lots without ascertaining assessments from these mentioned Provincial departments with respect to the long -term viability of private on- site services. These investigations will likely require an analysis of the topography, geology, and hydrology for the area. It is, however, recognized that the lot size of all proposed lots can satisfy the minimum requirements of the Health Act, and that the Planning Advisory Committee could consider granting such variances if it was later deemed reasonable. The Municipal Plan also provides the following policy with respect to the approval of rural residential subdivisions: Shall be located only in areas which have limited potential for the following: agriculture, forestry, mineral, sand or gravel reserves, City water supply, or ecological significance. It shall be the applicant's responsibility to show that this potential in the area proposed for rural residential development is limited and not of significant City or regional importance.' The property immediately adjacent to the north contains a pit and quarry operation only 832 metres (2,730 feet) from the subject property where the new unserviced subdivision is proposed. The proximity of the existing pit and quarry operation raises serious concern about the ' Municipal Development Plan, Part Two — Land Use, p. 20. 183 Kings Valley Consulting Ltd. 595 Hillcrest Road Page 6 Januan, 9, 2009 compatibility of this land use with the proposed residential subdivision, as well as with regards to the long -term viability of private services (especially drilled wells) in an area where blasting and related heavy industrial activity is occurring. This matter is discussed in the following section of this report. Pits and Quarries Regulation In the 1990s a comprehensive policy review was initiated by the City regarding pits and quarries operating within the City. This public consultation process resulted in the development of a Pits and Quarries Aggregate Resource ,Strategy, and changes to the Municipal Plan and Zoning By- law in 1994. The Municipal Plan makes the following comments with respect to pits and quarries4: Soil and geological conditions make Saint John a particularly suitable location for extractive industries and it abounds with pits and quarries. These form an important component of the economic activities in the region and it is the intent of the City of Saint John to support and encourage their continued operation as a contribution to the economic health of the community. It is recognized, however, that pit and quarry operations constitute a disturbance and hazard to nearby urban uses. ■ Pits and quarries are not regarded as permanent land uses and therefore they are not designated on Schedule 2 -A. Such activities will be controlled through a specific pit and quarry zone. It is anticipated that these areas would later be rezoned to a zone compatible with the land use designation. It is the policy of the City to control the locations of pit and quarry operations. This land use was removed as a permitted use in the Rural and Industrial zones, and a new "PQ" Pits and Quarries zone was established in the Zoning By -law in order to set out certain performance standards for their operation and site rehabilitation. There are three large parcels of land to the north and northeast of the subject property that contain the Ping Pong Pond Quarry operation. This current pit and quarry operation is illustrated on the attached Buffer A and Buffer B diagrams prepared by planning staff. Currently, as mentioned, this extraction operation is only 832 metres (2,730 feet) away from the subject property. These three large parcels of land to the north and northeast comprise a significant area of 136 hectares (336 acres). Common Council rezoned this entire area to "PQ" Pits and Quarries on 4 Municipal Development Plan, Part Two — Land Use, p. 13. 184 Kings Valley Consulting Ltd. 595 Hillcrest Road Page 7 Januan, 9, 2009 February 19, 2001 to recognize this long - existing gravel pit and quarry operation, which was one of eighteen existing operations that were recommended by City staff at that time. Prior to the rezoning, on June 20, 2000 the Planning Advisory Committee granted setback variances to allow this pit and quarry operation to only be 30 metres (100 feet) from property lines and residentially zoned properties. Normally, the "PQ" Pits and Quarries zone requires a minimum setback of 200 metres (656 feet) in the case of a quarry, and 150 metres (492 feet) for gravel pits. These variances were granted in order to allow this existing operation to continue under the previous setback requirements. Similar variances were granted to many of the existing pit and quarry operations where appropriate. At the time the lands to the north and northeast were being considered for rezoning, plans illustrating the excavation and eventual rehabilitation of these large parcels of land were considered by the City (see attached plans entitled "Gravel Pit Golden Grove Road'). These plans suggest a significant resource in this area with respect to "mineral, sand or gravel reserves, " and the approval of the proposed residential subdivision development should be considered premature until the aggregate resource has been extracted. Furthermore, to permit new housing dependent on private wells immediately adjacent to lands that have been rezoned and approved for pit and quarry activity will in all likelihood create future land use conflicts, and could adversely affect the long -term viability of the private servicing (i.e. wells) of proposed lots. Expansion of the Existing Pit and Quarry Operation The N.B. Department of Environment has provided comments and a copy of the Rock Quarry and Asphalt Plan Siting Guideline (See letter f1-om Carolyn Walker and Drgft Guideline). Even after discussing this matter with the applicant, a representative of the landowner of the Ping Pong Pond Quarry (Robert Ridgway), and Ms. Walker from the Environment Department, exactly how much closer the pit and quarry operation can come towards the subject property remains unclear. Attached are two diagrams entitled Buffer A & Buffer B prepared by planning staff. Both illustrate the location of the subject site and existing pit and quarry operation. The Provincial Draft (guideline encourages a 600 metre (1,969 foot) separation distance between private wells and quarries. Presumably, a gravel pit does not need such a significant buffer though the exact distance has not been indicated. Buffer A illustrates this buffer from the existing lots along Marilyn Drive, adjacent to the subject property, whereas Buffer B illustrates this buffer from the future lots proposed on the subject property. Should the subject property be developed as proposed, there could be some area to the northeast on the "PQ" Pits and Quarries zoned lands that may not be permitted to be utilized for extraction purposes. The "Gravel Pit Golden Grove Road Excavation " plan, prepared on May 25, 185 Kings Valley Consulting Ltd. 595 Hillcrest Road Page 8 Januan, 9, 2009 2000, shows a possible excavation area in this region of the adjacent property. Moreover, this plan illustrates at least four other excavation areas within the buffer areas. This excavation plan was approved by the City some time ago, and it is understood that a similar plan was approved by the N.B. Department of Environment in recent years. In discussing this issue with a representative of the Environment Department, the presence of the adjoining residential subdivision (Marilyn Drive) was not apparently known by their Department, nor was it clearly indicated as such on the submitted plans. The final operational perimeter will need to be reassessed in light of this new information. However, depending on the topography and other site specific criteria, a reduced buffer may be supported by their Department. The Department of Environment cannot determine at this time the exact buffer requirements from Marilyn Drive without fiirther topographical information. However, they have commented that the approval of fiirther residential development adjoining this area would limit the ability to consider an appropriate reduced buffer for this long - existing pit and quarry operation. In any event, N.B. Department of Environment has requested "that the proposed rezoning not be recommended or approved to the extent that it would subject this long established pit and quarry operation to additional limits on the area from which valuable and scarce materials can be extracted! " CONCLUSION: In light of the discussion of the Plan policies with respect to rural residential subdivisions and pits and quarries, it is recommended that this rezoning application be denied. As mentioned in this report, there is significant land approved for further pit and quarry development immediately to the north of the subject property. While the exact distance that these activities will be allowed to occur from the subject property remains unclear, the proximity of the existing pit and quarry activity is considered too close to allow the proposed residential subdivision to be approved from such an intensive industrial land use. Mxo Project No. 08 -541 I:• 187 i:: Sim P J 1 0 oa n Zq N Z M O I � � m O N N 189 m O N pIh Jam E oao a N N "� �a aP i ~O 111 r'1 JQn Y O I ip J Q � a N o¢W P m � Q W a "E ocJ Q O N 01 Jmfp d a W a 1A h 11� a 11 i fi t jig W N nQ�a° w N �N� � ONN��4aM; Oi `_ V1 4z V h r1 N vl = a I +I � E �6n v � O � J Q � p MGM q DOOI 'J¢ M P � � N Q Q N a W 2 OJ 4 'D G C 133His 3arunj Sim P J 1 0 oa n Zq N Z M O I � � m O N N 189 m O N pIh Jam E oao a N N "� �a aP i ~O 111 r'1 JQn Y O I ip J Q � a N o¢W P m � Q W a "E ocJ Q O N 01 Jmfp d a W a 1A h 11� a Buffer A I :I 1 i; The above illustrates a 600 metre (1, 1969 foot) buffer from the lots along Marilyn Drive. The actual buffer would be determined from the location of existing wells. The subject property is shown in black. ime Buffer B Ferwil, '1 The above illustrates a 600 metre (1, 1969 foot) buffer from the subject property. The actual buffer would be determined from the location of future wells. The subject property is shown in black. in I j c � U o' C a W a " Q ? -C .Q a 7 06:1c z . t O .O Vi 0. + r � ,4 .ter • "-- - -• - -_ -� )'��l�i `� i CY L Y i �s < - fi as- I I i I 8 m — : - -a .• �1 \ \• � :% is �\ .:�.� fit\ �j. %� �.• - � .�. jLi' (9O L V) Liu CIO 4s "l�I��, r .1J1 % %,r i IJ-'i 'ti:y�r -i t/• , m — : - -a .• �1 \ \• � :% is �\ .:�.� fit\ �j. %� �.• - � .�. _ 4s "l�I��, r .1J1 % %,r i IJ-'i 'ti:y�r -i t/• , �'• m — �r i� : - -a .• �1 \ \• � :% is �\ .:�.� 4s "l�I��, -_�: .1J1 % %,r i IJ-'i 'ti:y�r -i t/• , �'• �'1 \thy _ ��'` g � � ti -- _ _ �_',� y'i 1 � \'•- 6 1 �r i� 1 ) ,V5% New ANoweau runswick C A N A D A January 2, 2009 Planning Advisory Committee City of Saint John PO Box 1971 Saint John, NB E21- 41-1 To Whom It May Concern, RE: Proposed MacDonald Subdivision, 595 Hillcrest Road It has come to the Departments attention that a subdivision is being planned for the Pro rty identified by PID 00352674, The Department at this time would like to draw the' PAC members attention to the fact that there is an approved (1 -6068) quarry operation adjacent (PID's 00348995, 00355123, 55006472) to the proposed development, which has an approved final operational perimeter based on 2007 zoning and infrastructure. A final operational perimeter is required by all quarries in the province to ensure setback distances from significant features such as potable water wells, property lines, and building foundations are met. A copy of the Department's Rock Quarry and Asphalt Plant Siting Guidelines are attached for your information. The Department would suggest that contact be made with Galbraith Construction in order to verify the final operational perimeter for the Ping Pong Pond Quarry operation, so that modifications to development plans can be implemented, if necessary, to prevent potential future issues. The Department would request that this correspondence be forwarded on to the Developer of this property. Thank you for your time and attention regarding this matter. Should you have any questions please do not hesitate to contact me at (506) 658 -2117. Regards, "r Carolyn Walker, P. Eng Regional Engineer Region 4 — Saint John cc. Bob Ridgeway — Galbraith Construction Ltd. Environment /Environnement :�N www.gnb.ca DRAFT ROCK QUARRY AND ASPHALT PLANT SITING GUIDELINE ENVIRONMENTAL MANAGEMENT DIVISION New Nouveau -ZL:% Brunswick Environment & Local Government Environnement et Gouvernements locaux 195 Setback Criteria for Rock (twarries July 2005 and Asphalt Plants DEFINITIONS 1. Rock Quarry — means an industrial operation that, when operating, removes consolidated rock with the use of explosives, and processes rock by crushing and/or washing (washing must result in a discharge). 2. Asphalt Plant — means an industrial operation that, when operating, uses a drum or batch mix plant to mix aggregates and liquid asphalt to produce asphaltic concrete. 3. Final Operational Perimeter — means the footprint of the working area of the Facility, as determined by the Department. This includes, but is not limited to, stockpiles and equipment footprints. For Rock Quarries this also includes all areas from which rock has been or will be removed. 4. Water Supply — means any source of water that is used as a drinking water supply for a residence or commercial building. 5. Existing Rock Quarry — means any Rock Quarry where blasting, crushing, and/or trucking from stockpiles is taking place or has taken place within the previous five years. 6. Existing Asphalt Plant - means any Asphalt Plant that is currently being operated, or has been operated in the past, and the equipment has not since been moved. 1.0 OBJECTIVE & APPLICABILITY The objective of this document is to ensure that proposed rock quarries and/or asphalt plants are established in a location that will minimize their potential environmental impacts, and that the further development of existing rock quarries and asphalt plants is controlled. The setback criteria contained herein applies to all rock quarries and asphalt plants in the Province of New Brunswick. All sites where rock quarries and/or asphalt plants exist are exempt from the application of the setback criteria contained herein, however a policy of "no further encroachment" will be followed for such facilities. 2.0 ROCK QUARRY SETBACKS The boundary of the final operational perimeter of a proposed rock quarry shall not be located within the setback distances specified below: a) 30 metres of the right -of -way boundary of a public highway, unless with the written permission of the Minister of Transportation; Approvals Branch Environmental Management Division I•• Page 1 Setback Criteria for Rock lrries and Asphalt Plants July 2005 b) 100 metres of any public highway structure, unless with the written percussion of the Minister of Transportation; c) 60 metres of the bank or the ordinary high water mark of any watercourse or wetland; d) 100 metres of the boundary of any existing area which has been designated as a natural protected area or as a cultural heritage resource; e) 100 metres of the foundation of a building, unless with the written permission of the building owner(s) is obtained and submitted to the Department for acceptance; f) 20 metres from the boundary of a protected area of a public water supply wellfield; g) 20 metres from the boundary of a protected area as designated by Regulation 2001-83 of the Clean Water Act for drinking water supply watersheds; h) 50 metres from any adjacent residential property boundary; i) 30 metres from any other adjacent property boundary; and j) 600 metres from any water supply well, unless the written permission of the well owner(s) within the 600 metres is obtained and submitted to the Department for acceptance. Note: Additional information may be required during the application review process if the proposed rock quarry includes a final operational perimeter having setbacks less than 600 metres from a well, 100 metres from the foundation of a building, or 60 metres from a watercourse. The final operational perimeter of an existing rock quarry shall be determined on a case - by -case basis, giving consideration to the above setback distances as well as the current operational perimeter of the rock quarry. In cases where the operational perimeter has proceeded beyond one or more of the above - mentioned setbacks, the final operational perimeter will be developed to ensure that no further encroachment on that setback occurs. 3.0 ASPHALT PLANTS SETBACKS The boundary of the final operational perimeter of a proposed asphalt plant site shall not be located within the setback distances specified below: a) 30 metres of the right -of -way boundary of a public highway, unless with the written permission of the Minister of Transportation; b) 60 metres of the bank or the ordinary high water mark of any watercourse or wetland; c) 100 metres of the boundary of any existing area which has been designated as a natural protected area or as a cultural heritage resource; d) 20 metres from the boundary of a protected area of a public water supply wellfield; Approvals Branch Page 2 Environmental Management Division 197 } Setback Criteria for Rock Quarries ,July 2005 and Asphalt Plants e) 20 metres from the boundary of a protected area as designated by Regulation 2001 -83 of the Clean Water Act for drinking water supply watersheds; f) 30 metres from any adjacent property; g) 500 metres of any residence, unless the written permission of the residence owner(s) within the 500 metres is obtained and submitted to the Department for acceptance. Written permission must be in the form of a notarized letter. In no case shall the setback be less than 300 metres. Note: Additional information may be required during the application review process if the proposed asphalt plant includes a final operational perimeter having setbacks less than 600 metres from a well, 100 metres from the foundation of a building, or 60 metres from a watercourse. The final operational perimeter of an existing asphalt plant shall be determined on a case - by -case basis, giving consideration to the above setback distances as well as the current operational perimeter of the asphalt plant. In cases where the operational perimeter has proceeded beyond one or more of the above - mentioned setbacks, the final operational perimeter will be developed to ensure that no further encroachment on that setback occurs. 4.0 CLOSURE This guideline was last updated on July 14, 2005. To inquire whether this is the most recent version of this Guideline, please contact the Materials & Standards Section, Approvals Branch, at the New Brunswick Department of the Environment & Local Government at (506) 444 -4599. Approvals Branch Environmental Management Division i•: Page 3 GALBRAITH CONSTRUCTION LTD. 660 Ready Street a fX24XMMIK& Saint John, N.B. • MMUMe Tel: (506) 635 -8855 • Fax: (506) 635 -1 944 E2M 3S5 January 7, 2009 Planning and Development Dept. City of Saint John P.O. Box 1971 Saint John, NB E2L 4L 1 ATTN: Mr. Mark O'Hearn Dear Sir: i4 q j RE: Proposed MacDonald Subdivision Rezoning Subdivision and Variance Application 595 Hillcrest Road PID: 352674 Galbraith Construction Ltd. (PIDS: 348995 and 355123) and Galbraith Equipment Co., Ltd. (PID 55006472) own land which is zoned PQ - Pits and Quarries and which is adjacent (PID 355123) and close to (PIDS 348995 and 55006472) to the proposed MacDonald Subdivision property. Our records indicate that we have had a pit permit for at least a portion of our present operation for most years from 1979. From 1979 -1982 this was in conjunction with the then property owner. In 1983 we purchased the property from that owner and in 1991 we purchased additional property (which is now part of our present operation). We have had a pit permit for every year from 1997 and in 2001 our property was rezoned PQ under the then new PQ provisions of the zoning by -law. As you are aware it is becoming increasingly difficult to locate land within the City limits which has sufficient quantity and quality of materials to sustain a financially viable operation. As well any application to rezone land to PQ would in all likelihood be strongly resisted by neighbouring land owners. It is important for development purposes to have pits and/or quarries reasonably close to such development otherwise transportation costs for material may be prohibitive. As well transportation of material over longer distances means increased costs for provincial and municipal road maintenance. 1 A large amount of our resources have been invested in the development and operation of this pit and quarry. We presently have an excavation permit from the City of Saint John and an Approval to Operate (I -6068) Permit from the Province of New Brunswick. There are limitations on both of these permits on our ability to operate within certain distances from residential property boundaries, wells and buildings. In a quarry the operational boundary must be 600 meters from any water supply well and 100 meters from any building foundation. As well the operational boundary must be 50 meters from any adjacent residential property boundaries. We are opposed to the proposed MacDonald Subdivision to the extent that it might sterilize portions of our present operation. We are surrounded by residentially zoned properties, however at present most of these properties do not have wells or buildings within the applicable required setbacks. The set back of 50 meters from residential boundaries is the least restrictive to our operation and will likely remain constant. However, new wells and buildings will eventually be constructed on newly approved lots. These setbacks of 600 meters and 100 meters have the potential to sterilize large portions of our existing operation. Therefore, we would request that the proposed rezoning not be recommended or approved to the extent that it would subject our long established pit and quarry operation to additional limits on the area from which valuable and scarce materials can be extracted. Please forward this letter to the Planning Advisory Committee and Common Council for their review at their respective meetings as noted in your letter of December 1, 2008. Yours very truly, Galbraith Construction Ltd., and Galbraith Equipme Co., Ltd. Per: Robert A. gw , P. Eng. 200 Kings Valley Consulting Ltd. 140 J HAMPTON ROAD SUM 140, ROTHESAY, N.B. E2E M Januaryl2, 2009 City of Saint John Mr. Stephen Horgan. Chairman, PAC PO Box 1971 Saint John, NB, E2L 4L1 Dear Mr. Stephen Horgan, Re: Rezoning & Tentative Phase 1 approval P11D# 00352674 History: Via Email to Mark O'Hearn Mr. Stephen Horgan Email kingval@nbnet.nb.ca telephone (506) 847 -2878 fax (506) 849 -4486 In August of this year the owners of this property had preliminary SID drawings done on these lands and discussions started with the City in early October. In our original signed application, we were asking for a RS -2 Rezoning. This zoning appealed to us as our lot depths were excessive and also the possibility of granny suite and daycare operations on some of the larger lots. We had a in -depth meeting with staff on November 12t`, 2008 and thoroughly discussed the issues concerning this development. We went over a large scale proposed SID plan complete with topo's and a signed application form requesting an RS- 2 zoning and a Municipal Plan amendment if needed. After much discussion it was agreed that: • We would redo the SID Plan showing a future street on the east side line. • We would provide additional LPP lands for the complete Sub — Division. • We would apply for a RR rezoning, instead of our RS -2 zoning with variances on certain lots. • We would apply for subdivision approval for lots A -1 to A -14. Our original application met or exceeded all requirements of the RS -2 zoning. Having read the staff report, we are still very interested in pursuing our Rezoning and Subdivision proposal. Numerous references have been made regarding Pits & Quarries blasting operations & the viability of drilled wells, the City's Municipal Plan, buffer zones, and references to the Department of the Environment. We will attempt to address them all. Page 1 of 5 201 We agree that the City's "Municipal Plan" is a very important document. It sets out the goals and policies for every facet of City business, including all land use issues in the City. Regarding rural residential subdivisions, the following policy is taken from the Municipal Plan: "Shall be located only in areas which have limited potential for the following: agriculture, forestry, mineral, sand or gravel reserves, City water supply, or ecological significance. It shall be the applicant's responsibility to show that this potential in the area proposed for rural residential development is limited and not of significant City or regional importance." In regards to the above quote we make the following comments: •S The time to have included this area for resource extraction would have been before the development of Marilyn Drive and or when the City was setting up the new PQ Zone. ❖ It is very doubtful that a PQ zone could be approved on these lands now. ee City staff has indicated that there are no plans to service this area with Municipal water & sewer and also that there are no future plans on including this area in their water & sewer system. ❖ We see no significant value in resource uses on these lands. ❖ If our lands have importance to the operations of adjacent property owners - then they should purchase our lands- not restrict our use. Schedule 2A of the Future Land use neap clearly indicates that an RR zoning is to be encouraged. Also, we offer the following policies from the Municipal Plan. Section 2.4 Land Use & Development Policies: 2.4.4.6 "To ensure that non - residential uses that are permitted in residential areas will not become a nuisance or result in inappropriate impacts on adjacent residential uses by requiring them to meet suitable standards and by evaluating them with regard to:" 2.4.4.7 To exclude from residential areas, those uses that are not compatible with residential uses with respect to the following characteristics: a) the generation of traffic that is excessive in volume and not local in nature; b) the production of smoke, dust, fumes, or noise; c) the creation of hazardous or dangerous conditions by virtue of the operation, material or equipment used. Page 2 of 5 202 2.4. 1.1 "To ensure that all development that takes place in the City is ggi ded by the bylaws which irn lement this Plan so that the form of the resultant urban settlement and the disposition of major land use groupings are consistent with Schedule 2 -A, the Future Land Use PIan of the Municipal Plan." Indeed, the City of Saint John's Zoning By -Law C.P. 100 is also a very important document and receives all its powers from the City's Municipal Plan and reflects the oals and olicies of The Municil2al Plan. The City's By -Law can also be referred to as representing "The Blue Print" for all development in the City. It describes in the greatest of detail, the criteria that each zone should or must follow. We Have Researched The City's By- Laws And Have Found: ✓ No reference in any Residential City By -Laws, requiring any set backs from Pits & Quarries, including the RR and the RS -2 Zone, which apply to our proposed development. ✓ We can find. no reference in the Pit & Quarry zone restricting residential development from adjacent property owners — not in the PQ Zone. ✓ We can find no supportive City by -laws suggesting that residential development could, should or must be restricted from development because of an adjacent PQ zone. ✓ There are however, numerous procedures and restrictions regarding the operation of a Pit & Quarry that the owner and operator must comply with. ✓ * ** It is the PQ Zone that must maintain a Buffer from residential properties * * * * * * ** Referencing our property development with the Ping Pong Quarry is totally irrelevant and unsupported in the Municipal Plan, Schedule 2A of the future land use map and also the Municipal By -Laws. This business operation is % a kilometre away from our back property line. There is no road to it from our property, nor is it visible from our property. Our development will not restrict their operation as they can still operate within 30 meters from residential zones. We are very supportive of our Pitt & Quarry operations. We are business people also. We also realize that without the Pits & Quarry operators — nothing could be built. No roads, no site work, no concrete, no pavement. Aggregates are the fuel for all building projects and are an extremely important commodity. Having said that, if Pit and Quarry operators wish to restrict residential development for their own business purpose — then they should buy the properties they wish to restrict. Page 3 of 5 203 We are glad that the Pit & Quarry operators were successful in getting their rezoning in 2001. Now...... it appears that because they do not have sufficient buffer space or they wish to have more buffer space or they wish to expand their operations from previous approvals, they want to penalize other adjacent property owners. In essence, they are expropriating our propertX rights without any compensation. This is a serious intrusion „into individual property rights. * * ** Our rezoning is a permitted use and if no variances were involved -- should be just a formality in this area. * * * * Also, there seems to be great concerns about the more intensive Quarry operations and the potential harm these operations may have on the private well water system. Again, the onuses are on the Quarry operator and the "inspector” — which is referred to in the enclosed `Blasting Code" Regulation 89 -108 under the Municipalities Act. It is the Quarry operator and or the person who does the blasting who must each maintain a one million dollar insurance policy for liability. This is not a City issue. This is not a City concern,, - - It is a private sector issue and a private sector concern. Using the same scale of the "B Map" in the City's report -- the following existing residential homes are already built and within the 832 M distance from the Ping Pong Quarry operation. We have included an overview Map and two smaller scale maps showing a total of some 136 homes and cottages — all serviced by private wells & septic systems I. 1 161 -1845 Golden Grove Road 2. Boyaner Road 3. Land Road 4. Willis Road 5. Twilight Road 6. Green Lake Crescent 7. Sunrise Road 8. Maybe Road 9. Marilyn Drive These existing homes have coexisted with the Pit & Quarry operators for the past 30- 50 years. This lengthy time period should provide a very good track record of any well water issues. is the City aware of any problems with the drilled wells here or in any other area where Quarries are operating under City permits? In closing; Our property is already zoned RF which allows for many varied uses: One Family Homes Two Family Homes, Page 4 of 5 204 Elementary Schools. High Schools Vocational Schools Churches Library Park or Playground Sub'ect to Pac the following; Commercial Recreational facilities. Convenience store Restaurant Hospital For Treatment Of Animals Institution Of An lducational Or Philanthropic Nature. Mobile Home Park (subject to Mobile Home by -law) Wireless Station I dare say.... that some of these already permitted types of uses....... may represent a more serious issue to Quarry operators that our minor residential development. ,hod eaa dx% Kings Valley Consulting Ltd. Page 5 of 5 205 service New C3runswicK Existing homes & properties already within 832 meters of Ping Pong Quarry * * * * * * * ** *Approximately 132 homes*********** 206 N A sy 03498J.1 SS 1 00 001, 011s 510394SI 1 a°ssiia wovft\ 109'sl "09"SI, F IZX Map Scale/ tchelle Cartagraphique 1 5000 Portions of Golden Gove Road, Willis Road, Land Road, Twilight Road Green ake Road, di, Sunrise Road and Maybee Road CURRENTLY "THIN 832 METERS OF QUARRY 207 Service New Brunswick 003 006' 1 690 003 IT, 6'49 00-14 0030 DOOk3299 982 ;2 00? -tov Ss 4, SO, lY 00"? 04 e O CV 00,,fOoj sso,g2S3 3050 Map Scale / tchelle Cartographique 1 : 5000 PID# 0010029 represents 1164 Golden Grove Road 208 Service Nouveau-Brunswick N i I 003539¢1 rya O 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, 19 2009 at 7:00 p.m. 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'administration 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 19 janvier 2008 a 19 h. The proposed budget for the Business Improvement Le budget propose pour la zone d'amelioration des Area is as follows: affaires se repartit comme suit: I %JlZN M BIA Levy $278,494.24 Employment Grants 4,500.00 Bad Debts Recovered 2,000.00 Capital Interest Waterfront Dev. 15,000.00 Events 8,000.00 Co- operative Marketing Campaigns 25,000.00 Miscellaneous Revenue 2,000.00 Total Revenue $334,994.24 EXPENDITURES Urban Design and Planning (ETF Grant)$2,000.00 Waterfront Development 15,000.00 Marketing 51,494.24 Environment 2,500.00 Events 15,000.00 Uptown Development 6,000.00 Communications 5,300.00 Program Delivery 8,200.00 Annual Meeting and Awards 5,000.00 Operations 222,500.00 Non - Recoverable 2,000.00 Total Expenditures $334,994.24 The proposed Ievy to be imposed on non- residential property within the designated business improvement area is 16 cents per $100.00 of assessment for 2009. Pursuant to the Business Improvement Areas Act the said proposed budget shall not be approved if objections in writing are filed with the undersigned not later than January 15th, 2009 jointly or independently by one -third or more of all non- residential users or by non - residential users who CETTES Taxe sur la zone d'amelioration des affaires 278494.24$ Subventions a I'emploi 4500.00 Recouvrement de mauvaises ereances 2000.00 Participation au capital visant 15 000.00 I'amenagement riverain Amenagement du centre -ville Evenements 8000.00 Campagnes de mercatique symbiotique 25 000.00 Recettes diverses 2000.00 ecettes totales 334,994.24$ DEPENSES Conception et planification urbaine 2000.00$ Amenagement riverain 15 000.00 Marketing 51 494.24 Environnement 2500.00 Evenements 15 000.00 Amenagement du centre -ville 6000.00 Communications 5300.00 Realisation de programmes 8200.00 Assemblee annuelIe et prix 5000.00 Exploitation 222 500.00 Depenses non recouvrables 2000.00 Depenses totales 334,994.24$ 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 pour I'an 2009. En vertu de la Loi sur les Lodes d'an0ioralion des affaires, le budget prevu ne doit pas titre approuv6 si des objections par ecrit sort deposees au soussigne au plus tard le 15 janvier 2009, conjointement ou independamment, par un tiers ou plus de tous les utilisateurs non residentiels ou par 209 would together be liable to pay one-third or more un groupe d'utilisateurs non r6sidentiels qui of the amount to be raised by a le-%y. seraient responsables de payer un tiers ou plus du 210 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 712061 Contact: Elizabeth Gormlev Phone: (506) 658 -2862 Special Instructions (if any): Newspaper Fax: (506) 674 -4214 Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) "SJTJ City Information Ad Datc(s): Tuesday, December 23rd, 2008 SJTJ Independent Placement Date(s): Tuesday, December 30th, 2008 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): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common C1erk/Greffiere communale Contact: Telephone: (506) 658 -2862 211 PUBLIC NOTICE AVIS PUBLIC The proposed budget for the Business. Improvement Area is as follows: des affaires se r6partit comme Suit: REVENUE 279 494.245 BIA Levy $278,494,24 Eniployriient Grants 4,500.00 Bad Debts Recovered 2,000.00 Capital Interest Waterfront Dev, 15.000.00 Events 9.000.00 Co- operative Marketing Campaigns 25.000.00 Miscellaneous Revenue 2-Qf Total Revenue $334,994.24 EXULNMMI tTrhan Design and Planning RECETTES T4xe sur ]a zone d'arnelioration des affaires 279 494.245 Subventions a 1'emploi 4500.00 Recouvremein de mauvaises cr6ances 2 000.00 Participation au capital visant VOTn6nagement riverain 15 000.00 tv6nemenls 9 C0.00 Carnpagrics de mereatique symbiotiquc 25000.00 Receites dkerses Recetim tolales 334."4.24S DtPEN Conception el planification urbaine 2000.005 Am6nagement riveram 15 000,00 Marketing 51 494.24 Environnernent 2500.00 tv6nements 15000.00 Am6nagement du centre-ville 6000.00 Communications 5300.00 R6alisation de prff rammes 8 MAO Assembl& annuelle et prix 5000.00 EXP]OiIaLion 222 500,00 D&penses non recouvrables 2000.00 D6penses lobiles 334,99414S 212 A LAW TO AMEND BY-LAW NUMBER BIA-2 f " I --ti, Be it enacted by the Common Council of the City of Saint John as follows: The Business Improvement Levy By -law of The City of Saint John enacted on the third day of January, 2006, is amended by: 1 Repealing section 2 thereof and inserting the following: 2 A levy of 16 cents for each one hundred dollars of assessed value is hereby imposed for 2009 upon non - residential property within the Business Improvement Area established by By -law No. BIA -1 Business Improvement Area By -law enacted on the 50' day of January, 2004. IN WITNESS WHEREOF The City of Saint John has caused the Common Seal of the said City to be affixed to this by -law the * ** day of * *, A.D. 2009 and signed by: ARRETE MODIFIANT 'i ARR9Tk CONCERNANT alim-U.-P-14j"wi j,*u-0 al-11 will Le conseil communal de The City of Saint John decrete ce qui suit: L'arrete concernant la contribution pour 1'amelioration des affaires de The City of Saint John decrete le 3 janvier 2006 est modifie par : 1 1'abrogation de Particle 2 aux presentes et l'ajout du texte qui suit : 2 Par la presente, une contribution de 16 cents par tranche de cent dollars par rapport a la valeur fixee est imposee pour 1'annee 2009 sur les immeubles non residentiels situ6s a l'int6rieur de la zone d'amelioration des affaires etablie en vertu de 1'Arrete n° BIA -1 relatif a la zone d'amelioration des affaires edict6 le 5 janvier 2004. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le * * ** 2009, avec les signatures suivantes : 213 05/0812007 10:16 PLANNING AND DEVELOP 4/05 I"Wlllg Aft,,� 'If IPPli=ft I Ad*tmc WSWk dU d6mudaw S�j Loo,�j Posw co& I co& posw rtkPh= Nwnbw I N=&o & t hone 0 HomoelDmcilc --5 -P AA Work I Tmvail Fax Number I Numdro & tdl&;Of;jmr N of Prop" Cdr Of dffemM) IN= du PmFiaairc (si dif r6m) -F) n J Mmicipal Pl= Wnd Use Dwigafiq, dcs wrM sw je plin Maulctpw — %J" AUCRE Axquested / Modirleation demand Pr� ZMft I Zo=& amW 0 L07 CbM80 Zoo to I MO&GCItio- du A 214 93 05/08,P'2007 10:16 1 PLANNING AND DEVELOP PAGE 05/05 -Fm "w&Prowde a scaiedmepim that #4,m,�,tes -YQr4rPPvpwa4 FOstma .V 04a provide P"0'09�, 6WZITPltms ckwWon dra,4nW Mpl4vtmWt show the dimemwonyofthe PrOP971y, tire* JoCaffon of as bwl&"gA drhewyr, Palm g mvz;, 4'1sI1 begin th, Frqpqrfiy boundary curd ,bulangs am 40"° V 'in phm 4& sile 4 r4cwle xxtreart vaft ProposibQn. Vbuspauw:4W,6mentf0Ur)Tir des Photographics, dexp1w;s de b&jment, des: deign, ck pkm 4f'16WM LI WWO akh-0-form de remsejgm&)wnk L,,pktm dolt fnd4uer &4r �orrs 70"n em , &mprjhf, 1 'em-PI"Me& de la wralW d es bMtnen4*Y dMes, des titres M01. m des magemenb paysqgers et d6ipanwa= de jVn �;p ". -H LOst Important tfia dlcpc,- la distwae ent), des Imites de 4a propn9to et k$ 6,1,amnta • I ljki-st I feik 11 M �r A f-I.- Chi &Mxldm (7, AWhcadQn Itot Emimed / Ci.jolm jes fr* & dcn=& do 400 $ #x aw"t I)f the kwd in pealan ,pleas how the uwnc..�7p bakmj- 77j(!m�nafurevf S' vo= llt&esP= kPr0pH*f4*r du IM12in CM qUgSfjM t+ arwraer is . Y=aUw Oblmr /a $4�gnatarc dv ploprWalre &M la paroe a"A(3r4ang this applicarim to P,,,d ck*mms. La,5j Date tur wmd-l-ra'aanby C.�,M, co", e4 pawe & proprietaire mtorismt 10 to allemnt de laPrA"t-- der mn* pour que cetre dorlam sigaat= Of Chvxw (if soit fxmniwe par it, car ad cowvwnd liM= due puprj� (6,fl 215 m 12/12/2008 06:17 15066724307 SHERRY ARRENAULT PAGE 02 14,8a :51' 10" .4 ki LW Cox a PBMW 1$:M P'M. 02-12-2900 70 0 see Mile 27 No. 8.1 1* - 71 7".—In-" rvelf nnrL 6S6'ON 39V�31 216 1100. 16,3982 ,25 Fungi view props IVAN &811:z ROVZ '03C 12/11/2008 08:08 15066724307 SHERRY ARRENAULT PAGE 02 cq I v ly 217 �j ex-j ec-,4 -),e A -Wct-) - --tN (1'� ) '1,j f, ,A 34 SHERRY ARRENAULT PAGE 02 cq I v ly 217 �j ex-j ec-,4 -),e A -Wct-) - --tN (1'� ) '1,j City of Saint John INTERNAL INSERTION ORDER . ....... . .. . .... For City of Saint John use only: Budget Number: 1 14 0801 442 2010 . . . ......... partinent.; . ..... . .. ... C.P.mmon Clerk's Office (Account # 7120 _..._...._m. ...... . ... . Contact: Elizabeth Gormley Phone: (506) 658-2862 FFax. (506) 674-4214 Special Instructions (if any): Reference: 1989 Manawagonish Road — Proposed Municipal Plan Amendment Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday January 0, 2009 only Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice E] Tender ❑ Proposal 19 Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabefla Gormley, Common Clerk/Greffi&e columunale Contact: Jeanne Beltrandi chown I Telephone: (506) 658-2862 218 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 1989 MANAWAGONISH ROAD PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 1989, CHEMIN MANAWAGONISH Public Notice is hereby given that the Common Par les, prdsen.tes, un avis public est donn& par Council of The City of Saint John intends to lequel le conseil communal de The City of Saint consider an amendment to the Municipal John a Pintention d'6tudier la modification du plan Development Plan which would: d'ani6nagernent municipal cornme Suit: 1. Redesignate on Schedule 2-A and 2-C of the Plan, from Low Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 1.75 acres, located at 1989 Manawagonish Road, also identified as a portion of PID No. 55163588. 2. Add the following to the list of Approved Commercial Developments in sub-section 2.4.6.28: "v) a parcel of land with an area of approximately 1.75 acres, located at 1989 Manawagonish Road, also identified as a portion of PID No. 55163588," A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, January 19, 2009 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To recognize the existing motel as a permitted use. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by February 18, 2009. Enquiries may be made at the office of the Common Clerk, or 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. Elizabeth Gormley, Common Clerk 658-2862 219 1. Reclassifier A I'annexe 2-A et 2-C do plan d'une parcelle de terrain d'une superficie d'environ 1.75 acres, situde au 1989, chemin Manawagonish, et 6tant une partie du NID 55163588, de zone r&identielle de densite faible A zone d'ani4inagement commercial approuve, 2. 1 'ajout de la parcelle de terrain suivante A la liste des am6nagements commerciaux approuv6s A I ' a] in 6a 2.4.6.28 : o v) une parcelle de terrain d'une superficie d'environ 1.75 acres, situ6e an 1989, chernin Manawagonish, et 6tant une partie du NID 55163588,�> line pr6sentation publique du prej et de modification aura lieu lors de la reunion ordinaire du conseil corninunale le Jundi janvier 19 2009 daps la salle du conseil, an niveau du hall d'entr6e, a 116tel de ville. RAISON DE LA MODIFICATION: Reconnaissez le motel existant comme utilisation autoris6c. Veuillez faire part an conseil par 6crit de vos objections au projet de modification au plus tard le 18 f6vrier 2009 a I'attention du soussign6e. Pour toute demande de renseignements, veuillez communiquer aver le bureau du greffi6re communale ou le bureau de l'urbanisme et du d6veloppement A I'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les j ours f6ri6s. Elizabeth Gormley, Greffi&c conuminale 658-2862 220 REPORT TO COMMON COUNCIL OPEN SESSION M &C2009- 16 January 16, 2009 His Worship Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT Building By -law Amendment BACKGROUND City of Saint John The Province of New Brunswick, through the Community Planning Act, requires that a municipality that has enacted a building by -law adopt the National Building Code or a portion thereof. The City's `By -law Respecting the Constriction, Repair and Demolition of Buildings and Strictures in The City of Saint John" (the Building By -law) currently adopts the 1995 National Building Code of Canada with the exception of Parts 5 and 8. As per the attached memo from Kim Hughes, Provincial Planning Director with the Department of Environment, the Province of New Brunswick has adopted the 2005 National Building Code of Canada as of January 1, 2009. This directly affects unincorporated areas of the Province and any municipalities that do not have a building by -law. It is necessary for the City of Saint John to amend the Building By -law to adopt the 2005 National Building Code of Canada. The most significant change in the 2005 Code is the inclusion of an objective - based approach to code compliance (Division A) in addition to the prescriptive code requirements (Division B). Compliance with the 2005 Code is achieved by either complying with the prescriptive acceptable solutions or using alternative solutions that will achieve at least the minimum level of performance required by Division B. The objective -based approach provides a methodology for evaluating alternatives to the prescriptive requirements, contributing to a level of consistency of interpretation of requirements and their application across jurisdictions. This approach can be particularly beneficial for building owners in The City of Saint John when renovating existing, older buildings. An objective -based approach also offers greater flexibility to adapt to innovation in constriction and design — a definite advantage for builders and developers in our City. There have been a number of minor revisions to the prescriptive portion of the National Building Code. More significant changes include modifications to the 221 M & C 2009 — 16 - 2 - Januan- 15, 2009 snow load and earthquake design standards and requirements as it relates to mezzanines within a stricture. It is necessary for the City of Saint John to amend the Building By -law to reflect the 2005 National Building Code of Canada. The Legal Department has prepared the attached "A By -law to Amend a By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ". As per section 66(1) of the Community Planning Act, Council, at its January 5, 2009 meeting, referred the matter of the Building By -law amendment to the Planning Advisory Committee for its written views of the proposed amendment. At the January 14, 2009 meeting of the Planning Advisory Committee, the amendment to the Building By -law was considered. The Committee's written views have been provided to Council. Buildings and Inspection Services strongly supports adoption of the 2005 National Building Code of Canada as it will align the City of Saint John with the rest of the province and the country in the building inspection and constriction industry. RECOMMENDATION Your City Manager recommends that first and second readings be given to the attached "A By -law to Amend a By -law Respecting the Constriction, Repair and Demolition of Buildings and Strictures in the City of Saint John ". Respectfully Submitted, Amy Poffenroth, P.Eng. MBA Deputy Commissioner, Buildings and Inspection Services William Edwards, P.Eng. Commissioner, Buildings and Inspection Services Terrence Totten, CA City Manager Attachments: "A BiAm to Amend a By -lay Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John°' Memo from Kim Hughes, Provincial Planning Director 222 A BY -LAW TO AMEND A BY -LAW RESPECTING THE CONSTRUCTION, REPAIR AND DEMOLITION OF BUILDINGS AND STRUCTURES IN THE CITY OF SAINT JOHN ARRETE MODIFIANT L'ARRETE RELATIF A LA CONSTRUCTION, A LA REPARATION ET A LA DEMOLITION DE BATIMENTS ET DE STRUCTURES DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors dune reunion du conseil municipal, The Citv of Saint John as follows: The Citv of Saint John a decrete ce qui suit : A By -law of The Citv of Saint John entitled "A By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The Citv of Saint John ", enacted on the 5"' day of August, A.D. 2003, is hereby amended as follov-s: Par les presertes, Farrete de The City of Saint John intitule « Arrete relatif a la construction, a la reparation et a la demolition de batiments et de structures dans The Citv of Saint John », decrete le 5 aout 2003, est modifie comme suit: 1 Section 2(3) is repealed and the folloNving 1 Le paragraphe 2(3) est abroge et remplace is substituted as follows: par : 2(3) The National Building Code of Canada, 2005 Edition, Nvith the exception of Part 5 and Part 8 of Division B, Volume 1, is hereby adopted in relation to all buildings and structures for Nvhich standards are therein prescribed, except as allowed by section 12 of this By -law. 2 Section 3(2) regarding the definition of "Code" is repealed and the folloNving is substituted as follov-s: "Code" means the National Building Code of Canada 2005 Edition with the exception of Part 5 and Part 8 of Division B, Volume 1. IN WITNESS WHEREOF The Citv of Saint John has caused the Corporate Common Seal of the said Citv to be affixed to this by -law the day of Januan-, A.D., 2009 signed bv: 2(3) Le Code national de batiment du Canada, edition 2005, a 1'exception des parties 5 et 8 de la Division B, Volume 1, est adopte en ce qui concerne tons les batiments et toutes les structures auxquels s'appliquent les normes prescrites, sous reserve des dispositions de Particle 12 du present arrete. 2 Le paragraphe 3(2) relativement a la definition de « Code » est abroge et replace par: Code » designe le Code national du batiment du Canada, edition 2005, a 1'exception des parties 5 et 8 de la Division B, Volume 1. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le janvier 2009, avec les signatures suivantes Mavor /Maire Common Clerk/greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 223 B FNew"-,Cll� Nouvei u'. swt Be ... in this pla:ce - fAre. Ac� �Dn Date : To/ t. From/Exp. . Copies: Subjectlobjet Department of Environment I Minn st6re de I'Environnement RO. Box/C.P. 6000 Fredericton, NB E3B 5HI Tel/T�L 506-453-2171 Fax/Tti 6c, 506-457-7823 November 18, 2008/ lLe 18 novernbre 2008 Municipal Administrators and District Planning Commissbn Directors / Administrateurs municipaux of directeurs des commissions de district d'am6nagernent Kilrn Hughes, Provincial Planning Director / Directeur provincial de Wrbanisnie Again, we recommend that you take the necessary steps to ensure that your building by-laws, where in effect, reflect the 2005 National Building Code, Thank you in advance for your attention to this matter Nous vous recommandons donc de prendre les mesures ndcessaires pouir faire on soirte qua vos, anr6t6s de construction qui sont en vigueur soient conformes, aU Code national du bMimemt 2005. Je vous rernercie de tl'attenfion qua VOUS porterez 6 cette question. Kim Hu ghes DireCteUr provj2pipl de Wrbanisrne January 19, 2009 Your Worship and Councillors: SUBJECT: Building By -law Amendment At the January 13, 2009 meeting of the Planning Advisory Committee, William Edwards, the Commissioner of Buildings and Inspection Services appeared to address proposed amendments to the Building Bylaw. He indicated that the Province of New Brunswick adopted the 2005 National Building Code of Canada on January 1, 2009. It is therefore necessary that the City of Saint John amend the Building Bylaw to adopt the new Building Code. Section 66(1) of the Community Planning Act requires that the Planning Advisory Committee provide Common Council with its written views on the proposed amendment. After considering the report and presentation, the Committee adopted the recommendation as set out below. RECOMMENDATION: That Common Council adopt the amendment to the Building By -law which adopts the provisions of the 2005 National Building Code of Canada. The objective based approach included in the new Code provides a methodology for evaluating alternatives to the prescriptive requirements which will be particularly beneficial for buildings owners in the City of Saint John when renovating existing, older buildings. The adoption of the proposed Bylaw amendment will also ensure consistency between the City of Saint John and other jurisdictions with respect to building constriction. Respectfully submitted, Stephen Horgan Chairman Attachments 225 Buildings and Inspection Services / Services d'inspection et des batiments Phone / Tel: (506) 658 -2911 Fax / Te1ec: (506) 632 -6199 The City of Saint John January 9, 2009 Planning Advisory Committee Re: Building By-law Amendment The Province of New Brunswick, through the Community Planning Act, requires that a municipality that has enacted a building by -law adopt the National Building Code or a portion thereof. The City's "By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John" (the Building By -law) currently adopts the 1995 National Building Code of Canada with the exception of Parts 5 and 8. As per the attached memo from Kim Hughes, Provincial Planning Director with the Department of Environment, the Province of New Brunswick has adopted the 2005 National Building Code of Canada as of January 1, 2009. This directly affects unincorporated areas of the Province and any municipalities that do not have a building by -law. It is necessary for the City of Saint John to amend the Building By -law to adopt the 2005 National Building Code of Canada. The most significant change in the 2005 Code is the inclusion of an objective -based approach to code compliance (Division A) in addition to the prescriptive code requirements (Division B). Compliance with the 2005 Code is achieved by either complying with the prescriptive acceptable solutions or using alternative solutions that will achieve at least the minimum level of performance required by Division B. The objective -based approach provides a methodology for evaluating alternatives to the prescriptive requirements, contributing to a level of consistency of interpretation of requirements and their application across jurisdictions. This approach can be particularly beneficial for building owners in The City of Saint John when renovating existing, older buildings. It is necessary for the City of Saint John to amend the Building By -law to reflect the 2005 National Building Code of Canada. The Legal Department has prepared the attached by -law to .amend the "By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ". As per section 66(1) of the Community Planning Act, Council, at its January 5, 2009 meeting, referred the matter of the Building By -law amendment to the Planning Advisory Committee for its written views of the proposed amendment. SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 40 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 41 226 Planning Advisory Committee - 2 - January 9, 2009 It is requested that the Planning Advisory Committee provide its written views of the proposed amendment to Common Council. Respectfully submitted, Amy Poffenroth, P.Eng. MBA Deputy Commissioner Buildings and Inspection Services Department Attachments: Memo from Kim Hughes, Provincial Planning Director By -law to amend "A By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in the City of Saint John" Report to Council, January 5, 2009, MC2009 -003, Building By -law Amendment 227 b F } AIK iew 'Nouveau Be ... in this place . 9tre...ici on to peat Department of Environment ! Ministyre de I'Environnement P.O. BoxiC.P_ 8000 Fredericton, NB E38 5H1 TeIIT61.: 506 - 453 -2171 FaVTylec.: 506 - 457 -7823 Date. November 18, 2008 i Le 18 novembre 2008 ReVRef. To /best.: Municipal Administrators and District Planning Commission Directors ,' Administrateurs municipaux et directeurs des commissions de district d'am6nagement From/Exp.: Kim Hughes, Provincial Planning Director l Directour provincial de I'urbanisme Copies : Subjeetlobjet : National Building Code 20051 Code national du bytiment 2005 Please be advised that changes have been made to the Provincial Building Regulation such that the National Building Code 2005 will be adopted in the unincorporated area effective January 1, 2009. We advise each municipality to amend their building by -law to reflect the new 2005 National Building Code at your earliest opportunity. In the past, the reference to the Metric Conversion Act was sufficient to ensure that the most current building code was linked to the municipal building by -law. However, the Metric Conversion Act is no longer a relevant document for this purpose and can not be used to adopt the 2005 National Building Code. Again, we recommend that you take the necessary steps to ensure that your building by -laws, where in effect, reflect the 2005 National Building Code. Thank you in advance for your attention to this matter Nous tenons a vous informer que des modifications ont y #y apportyes au R6glement provincial sur to construction telles I'adoption du nouveau Code national du Wiment 2005 sera adopty officiellement pour le secteur non- incorpore de la Province le 16` janvier 2009. Nous demandons a chaque municipality de modifier son arryty de construction en consequence aussitdt que possible. Dans le pass6, la mention de la Loi sur la conversion au syst6me m6trrque etait suffisante pour s'assurer que le code du b5timent le plus rycent s'appliquait aux arretes de construction municipaux Cependant, la Loi sur is conversion au systerne m6trique ne constitue plus un document valable a cette fin et ne peut donc pas etre utilisee en vue d'adopter le Code national du bltiment 2005_ Nous vous recommandons donc de prendre les mesures necessaires pour faire en sorte que vos arretes de construction qui stint en vigueur soient conformes aLl Code national du bAtiment 2005. Je vous remercie de ('attention que vous porterez y cette question. Kim Hughes Directeur prow al de I'urbanisme 228 A BY -LAW TO AMEND A BY -LAW RESPECTING THE CONSTRUCTION, REPAIR AND DEMOLITION OF BUILDINGS AND STRUCTURES IN THE CITY OF SAINT JOHN ARRETE MODIFIANT L'ARRETE RELATIF A LA CONSTRUCTION, A LA REPARATION ET A LA DEMOLITION DE BATIMENTS ET DE STRUCTURES DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a ddcrete ce qui suit : A By -law of The City of Saint John entitled "A By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ", enacted on the 5'h day of August, A.D. 2003, is hereby amended as follows: Par les presentes, I'arrete de The City of Saint John intitule a Arrete relatif a la construction, A la reparation et a la demolition de batiments et de structures dans The City of Saint John », ddcrete le 5 aout 2003, est modifie comme suit: I Section 2(3) is repealed and the following 1 Le paragraphe 2(3) est abrogd ct remplace is substituted as follows: par : 2(3) The National Building Code of Canada, 2005 Edition, with the exception of Part 5 and Part 8 of Division B, Volume 1, is hereby adopted in relation to all buildings and structures for which standards are therein prescribed, except as allowed by section 12 of this By -law. 2 Section 3(2) regarding the definition of "Code" is repealed and the following is substituted as follows: 2(3) Le Code national de batiment du Canada, edition 2005, a 1'exception des parties 5 et 8 de la Division B, Volume 1, est adopte en cc qui concerne tous les batiments et toutes les structures auxquels s'appliquent les normes prescrites, sous reserve des dispositions de Farticic 12 du present arrete. 2 Le paragraphe 3(2) relativement a la definition de « Code » est abroge et rep lacd par : "Code" means the National Building Code of « Code » designe le Code national du batiment du Canada 2005 Edition with the exception of Part 5 Canada, ddition 2005, a ('exception des parties 5 ct and Part 8 of Division B, Volume 1. 8 de la Division B, Volume 1." IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOL The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau municipal sur le present arrete City to be affixed to this by -law the day of le janvier 2009, avec les signatures January, A,D., 2009 signed by: suivantes : Mayor /Maire Common Clerk/greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 229 REPORT TO COMMON COUNCIL OPEN SESSION M & C 2009 — 003 January 2, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Building By -law Amendment r-47--w- City of Saint john BACKGROUND The Province of New Brunswick, through the Community Planning Act, requires that a municipality that has enacted a building by -law adopt the National Building Code or a portion thereof. A municipality is required to adopt the version of the National Building Code of Canada thath as been adopted by the Province. As per the attached memo from Kim Hughes, Provincial Planning Director with the Department of Environment, the Province of New Brunswick will be adopting the 2005 National Building Code of Canada as of January 1, 2009. It is necessary for the City of Saint John to amend the Building By -law to reflect the 2005 National Building Code of Canada. The Legal Department has prepared the attached by- law to amend the "By -law Respecting the Construction, Repair and Demolition of Buildings and Structures in The City of Saint John ". Prior to passing readings of the amended by -law, as per section 66(1) of the Community Planning Act, Council shall request the written views of the Planning Advisory Committee concerning this proposed change. RECOMMENDATION YourC ity Managerr ecommends that Common Council refert he mattero f the Building By -law amendment to the Planning Advisory Committee for its written view of the proposed by -law amendment. Respectfully submitted, Amy Poffenroth, P.E ng. MBA Deputy Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager REG 230 TO: Members of Common Council FROM: Mayor Ivan Court DATE: January 15, 2009 SUBJECT: Building Code Act The Province of New Brunswick approximately 5 years ago struck a committee of industry stakeholders to begin a process which would ultimately result in the establishment of a BUILDING CODE ACT for the Province of New Brunswick. Meetings have been held and consultations been undertaken across the entire Province with all stakeholders and special interest groups to seek input in developing cutting edge legislation. Mr. William Edwards our Commissioner of Buildings and Inspection Services has represented the City of Saint John in this consultative process for the past five years. Mr. Edwards' expertise and experience in the field of building inspection and regulation was recognized by the Province. The proposed Building Code Act has been reviewed by the Province (elected officials) and has been returned to the committee for additional comment and clarification. The committee has now been charged with the task of establishing regulations which will be pursuant to the proposed Act. These regulations will affect all jurisdictions throughout the Province of New Brunswick once adopted. Council should be aware that the Province of New Brunswick has requested that Mr. Edwards chair this important provincial committee. This work will begin forthwith. Mayor Ivan, Court 231 1/15/2009 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: All city facilities are to have a system of collecting beverage containers for recycling. The funds collected through this system shall be divided between Pro Kids and programming at the City's three programmed Community Centres. This policy is aligned with three of our stated priorities. We are asking the city of Saint John to divert material from the landfill, and we should be doing the same at our facilities. A fund from this program supporting Pro Kids and the Community Centres supports both Vulnerable Communities and recreation for those who have difficulty accessing it. zl_ Respectfully Submitted (received via einail) Gary Sullivan ( @�041e- - ------- - ----- -- - - ----------------- ------- ---- -- - ------------------------------------------ - SAINT JOHN RO, Box 1971 Saint John, N8 Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4LI 232 REPORT TO COMMON COUNCIL Your Worship and Members of Council, SUBJECT: SAINT JOHN WATER (W &S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS PURPOSE OF REPORT This report proposes the 2009 Operating Budget and the 2009 Capital Budget for Saint ,John Water (the Water and Sewerage Utility Fund), with projections to 2012, and makes recommendations on user rates. Also highlighted are several matters of special significance for utility business, including infrastructure asset management, outstanding water rates issues, management of municipal wastewater effluents (MWWE) and sewer use, service management, and watershed protection and source sustainability. BACKGROUND Saint ,John Water is a municipal public utility funded by ratepayers - users of water and wastewater services - as prescribed by 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. 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 F (a) an annually balanced budget, or (b) a triennially balanced budget. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 233 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS JANUARY 14TH, 2009 PAGE 2 Saint ,John Water provides water and sanitary sewer services on behalf of the City of Saint ,John for a community of tens of thousands of citizens, visitors, students and workers, along with industry, businesses and public institutions; a customer base of: ra some 16,850 flat -rate customers in the residential category, the great majority for both water and wastewater services; ra 2,930 industrial, commercial, and institutional (ICI) metered accounts; and ra City of Saint ,John (General Fund) for firefighting capacity and hydrants, and the storm drainage component of combined sewers (sanitary and storm water). Daily water production in 2007 averaged about 48.8 million imperial gallons per day (IGD) or almost 222,000 cubic metres (m3) per day, as compared to 44 MIGD in 2006 and 45 MIGD in 2005. Total water production (disinfected and raw water categories combined) amounted to over 17.8 billion imperial gallons or 81.0 million m3 in 2007. Both water and wastewater services are experiencing transformation, with major investments being made to achieve full wastewater treatment (of serviced population) and to assure safe, clean drinking water for Saint ,John. Water system improvements also involve upgrades for industrial (raw) water users. Higher user rates reflect the cost of these system upgrades to modern standards, along with establishing a system for the sustainable care of infrastructure. For example, residential rates increased by $301 or 76% between 2000 and 2008, from $395 per year to $696. Metered rates have risen comparably. 800 700 600 v io 500 ro 400 300 Q 200 100 0 Flat Rate for Water and Sewerage Services - Residential 2000 2001 2002 2003 2004 2005 2006 2007 2008 Utility services, so much a part of everyday life, remain reasonably priced. Water is essential to life; wastewater collection and treatment vital to public health and protection of the environment. These services also play a critical part in the economy of the region and in delivery of health and other quality -of -life social services. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 234 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS JANUARY 14TH, 2009 PAGE 3 How valuable are water and sewerage services when compared to what people pay for cable TV, telephone, internet, fuel oil, electricity, bottled water? The benefits derived from municipal water and wastewater services are immeasurable. Common Council has been able to moderate utility user - charges through its successful efforts to secure significant financial support from senior governments - in advancing wastewater standards (Saint ,John Harbour Clean -Up) and water services. Continued diligence will be important as the community works towards implementation of its plan for assuring safe, clean drinking water. THREE ESSENTIAL PUBLIC SERVICES It is the mandate of Saint ,John Water to deliver high quality utility services to the community - at the best possible cost to (current and future) users. Public- facing utility services include drinking water, industrial water and wastewater. The drinking water service provides safe, clean potable water to residential, institutional, municipal, commercial and industrial customers of the utility. Currently, drinking water receives only limited treatment; disinfection (with chlorine) in accordance with Health Canada Guidelines for Canadian Drinking Water Quality and fluoridation for reasons of dental health. The service is regulated under the Clean Environment Act - Water Quality Regulation - and delivered under Approval to Operate W -254 Drinking Water Distribution and Treatment Facilities issued by the Minister of Environment to the City of Saint ,John. The industrial water service provides some industries with raw (untreated) industrial water to support their operating processes. This service could be expanded to offer treated wastewater effluent (TWWE) to industries which could utilize this resource. The wastewater service provides collection, treatment and disposal of municipal wastewater; collected and conveyed to treatment facilities through a system of sanitary sewers and wastewater lift stations. Wastewater schemes, treatment facilities and associated collection mains are operated in compliance with the Clean Environment Act - Water Quality Regulation - under various Approvals to Operate issued by the Minister of Environment to the City of Saint ,John. The service is also regulated under the Federal Fisheries Act and the Canadian Environmental Protection Act, 1999. Saint ,John Water is committed to service excellence and seeks to continuously improve its operations - to meet the diverse needs of customers, while fulfilling its broader obligations to the community and our environment. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 235 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS OVERVIEW OF CRITICAL INFRASTRUCTURE CURRENT WATER INFRASTRUCTURE JANUARY 14TH, 2009 PAGE 4 Watersheds: 11 lakes East (including Loch Lomond First, Second and Third, Robertson and Latimer) and three primary lakes West (Spruce, Ludgate and Menzies). West is augmented by the Musquash system - pumped seasonally through the East Musquash pumping station. There are 1 1 watershed dams. Red Head Wellfield: Harbourview Subdivision is serviced by two ground water wellfields, supported by primary and back -up pump houses. Water Treatment: Disinfection facilities East (Latimer Lake WTP) and West (Spruce Lake WTP) provide chlorination and fluoridation; there are five raw water intakes. CURRENT WASTEWATER INFRASTRUCTURE Wastewater services are currently arranged into four major drainage schemes (Hazen Creek, Marsh Creek, Millidgeville and Lancaster) and three minor schemes (Monte Cristo, Morna Heights and Greenwood); each supported by a treatment facility. Implementation of Harbour Clean -Up will reorganize services into three major schemes (with one or two minor systems): Lancaster; Millidgeville; and Eastern. Hazen Creek WWTP: basic 6,800 m3 per day activated sludge facility (Class II) in need of replacement; to be decommissioned. Marsh Creek WWTP: basic 6,800 m3 per day activated sludge facility (Class II) in need of replacement; to be decommissioned. The Hazen Creek and Marsh Creek catchment areas will be incorporated into that of the new Eastern Wastewater Treatment Facility (35,000 m3 per day). Millidgeville WWTP: modern, recently expanded 10,000 m3 per day activated sludge facility (Class III); part of the future 3 -plant system. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 236 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS JANUARY 14TH, 2009 PAGE 5 Lancaster WWTP: 23,000 m3 per day aerated lagoon (Class 11); one of the future plants. Monte Cristo WWTP: small rotating biological contactor (Class 1) with limited capability; to be decommissioned, with catchment area incorporated into the Lancaster scheme. Morna Heights WWTP: small trickling filter (Class 1) facility that provides inadequate level of treatment; undergoing upgrade work, but needs full replacement. Greenwood WWTP: small trickling filter (Class 1) facility that provides inadequate level of treatment; undergoing upgrade work, but needs full replacement, or catchment area could be connected into the large Eastern WWTF scheme. Sanitary Sewer Mains: 224 kilometres of sanitary sewer mains and 150 kilometres of combined sanitary /storm mains. A very significant increase in the inventory of forcemains and collector sewers will come with Harbour Clean -Up. Wastewater Pumping Stations: The current inventory of 39 sanitary lift (pumping) stations that move collected wastewater to treatment facilities will be expanded by an additional 22 under the Harbour Clean -Up upgrade program. REVIEW OF RATES AND RATE STRUCTURE OPTIONS Pricing must generate revenues sufficient to cover the full cost of service delivery - operating and maintaining, regulation, capital construction and associated debt charges, environmental protection and emergency services. User -rates need to reflect the value of services and distribute utility costs fairly and equitably. In Saint ,John, users range from households to large industrial enterprises that consume huge volumes of water. Quality requirements also differ among users and the systems required to deliver water to customer groups can be markedly different. In 2002, a business plan review evaluated the water and sewerage rate structure, and proposed a financial framework for Saint ,John Water. In 2008, R.V. Anderson Associates Limited (RVA) provided a further analysis to help redefine the basis for pricing policies and to assure the public that equity and fairness are reflected in utility service charges. Two requirements are fundamental to proper cost allocation and, hence, fair and equitable user - rates: (1) a solid set of principles upon which to base the system of charges and (2) a logical approach for the structure and the calculation of rates. RVA consultants presented their report "Review of Rates and Rate Structure Options" to Common Council in November 2008. The following is a summary of their findings and recommendations: 1. User Rates - Ensure (year by year) that water and sewer rates are achieving full cost recovery. User rates should have been 3.1% higher in 2007. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 237 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS JANUARY 14TH, 2009 PAGE 6 2. 2009 User Rates - To establish required water and sewer rates for 2009, recommended that a three (3) step approach be followed to ensure the Utility has the required revenue to operate: Step 1 - adjust 2007 rates to meet actual revenue requirements; Step 2 - convert 2007 water rates to recommended format; and Step 3 - increase rates to meet 2009 financial plan requirements 3. Accounting Software - The software currently used to record and issue bills to customers, should have access to all customer data. Currently, data from negotiated agreement customers is not within the same software component. 4. Principles - Important that user rates are based on sound principles; recommended the following be adopted: ra Equity: Fairness and User Pay ra Revenue Adequacy Legality Source Sustainability ra Technical /Admin Feasibility ra Affordability ra Public Acceptance ra Equality ra Water Use Efficiency ra Encourage Development 5. Fixed Charges by Meter Size Recommended - Recommended that the current approach of service charges by meter size be continued but updated to reflect full cost recovery. 6. Rate Structure - Recommended that two -part rates (i.e. fixed plus volumetric components) continue to be used for all customers. 7. Declining Block Rates (DBR) Recommended - Declining block rates considered the most appropriate for Saint ,John as they are cost -based and fairly pass on savings due to economies of scale to high volume users. Ba Recommended Block Transition - Recommended that transition to three rate blocks from four continue; 3rd block blended into 2nd and the new 3rd block rate maintain a wholesale level based on cost analysis. Once water treatment is brought to modern standards, rate formats should be restructured further. 9. Watershed Costs - The City has been steadily enhancing watershed ownership and management. These efforts should continue, but with more public emphasis. Watershed costs should be identified separately so as to be recognized in both potable and raw water rates. 10. Raw Water Rate - Recommended that a raw water rate be established which would apply in a manner similar to the Irving Paper spillage rate - to cover watershed costs plus other costs related to providing the service. If piped raw water is provided, a rate reflecting the added costs would be needed. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 238 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS JANUARY 14TH, 2009 PAGE 7 11. Flat Rate Consumption Component - Recommended that the consumption allowance implicit in the flat rate be increased in two steps from the current 283 m3 /customer /year: to 300 m3 in 2009 and to 318 m3 in 2010. 12. Sewer Surcharge - Recommended that the straight sewer surcharge approach be continued but that actual surcharge percentages change to more accurately reflect the true cost of the sanitary system. 13. All Rates By -Law Compatible - Policy of moving all customers to By -Law rates or rates set in accordance with By -Law rates is supported and recommended. 14. User Pay Billing for All - Adoption of full user -pay billing recommended in the interest of fairness and user pay; and as an important management tool for assessing system condition and identifying measures to improve. Another important advantage relates to affordability; metering offers individual control of charges that could benefit customers who are careful with water usage. 15. Customer Billing - Recommended that the format and layout of customer billing be reviewed for content and visual simplicity. 16. Unmetered Customer Flow Monitoring - Pending implementation of universal metering, recommended that the City carry out a statistical survey and install meters at a series of sample locations to help assess flat rate consumption. 17. New Customers Should be Meter -Ready - Spool sections should be installed in all new homes for the installation of meters in the future. 18. District Meter Areas (DMA) - Recommended that the Utility continue to install system bulk water metering to better understand water supply characteristics; DMAs along with retail meters are useful tools for managing system losses. 19. Non - Revenue Water (NRW) Review - Recommended that the City carry out a review of NRW using enhanced district area metering to determine active leaks in the distribution system. 20. Capital Reserve Funds - Recommended each for water and for wastewater. The amount that can be accumulated in an operating reserve fund is limited to 5% of total expenditures budgeted for the service in previous fiscal year. These funds would help smooth year -to -year capital fluctuations. 21. Sustainability - Capital investment is needed to fund replacement of aging water and sewage facilities. As a result of having not kept pace with renewal needs, rate increases will be necessary to achieve system sustainability. As the need for funding is ongoing, it is strongly recommended that projects be planned and funded from current revenues, and not debentured. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 239 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS JANUARY 14TH, 2009 PAGE 8 22. Large Customer Water User Group - Recommended that the large customer water user group be re- constituted to discuss water issues. 23. Communications - To ensure public understanding and awareness of rate recommendations and their potential impacts on property owners, recommended that a communications strategy be developed. 24. Miscellaneous Charges - The City review the costs to provide the services covered under Miscellaneous Charges to ensure cost recovery. 25. Benefiting Customers - Recommended that all costs for water and wastewater facilities to meet local needs be paid by those benefiting, including any "grey water" sources. Costs should be recovered from users of the infrastructure. 26. Vision 2015 - City's Vision 2015 is strongly supported as a framework for addressing water and sewage system needs. SAINT JOHN HARBOUR CLEAN -UP The City is moving doggedly to 100% treatment of collected wastewater; but, six billion litres per year or 16,300 m3 per day still flow directly into the environment. Progress: Saint John Harbour Clean -Up ❑ 1993 ® 2008 ❑ 2012 West Nl= North IQ 37% East - South Once commissioned, the new Eastern Wastewater Treatment Facility (EWWTF) will serve East and South Central areas of the city and provide conventional activated sludge treatment of an ultimate average daily design flow of 35,000 cubic metres per day (m3 /d) and peak flows of 80,000 m3 /d. Effluents from the plant will be discharged through an extended outfall, approximately 1 .1 kilometre into the harbour. Recycling of treated wastewater effluents (TWWE) to industrial uses is being actively explored. Other system upgrades are also underway; 22 new sanitary lift stations, with associated forcemains and gravity sewers, are at various stages of engineering. A draft conceptual design report for collection system improvements (how flows best intercepted and redirected to treatment) has just been received. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 240 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS SAFE, CLEAN DRINKING WATER JANUARY 14TH, 2009 PAGE 9 people of Saint ,John must have modern drinking water treatment to assure safe, clean drinking water - clear, colourless, odourless and free of all disease - causing micro - organisms (pathogens) or harmful chemicals. Understanding the immeasurable value of water to society, Saint John Council has made safe, clean drinking ater its first priority. The Saint ,John public water system, first established in 1837, has some of the oldest operable water infrastructure in Canada today and "treatment" remains essentially unchanged since the 1930s. One of the system's defining features is the very large industrial base that it serves; key regional economic engines rely on Saint,John Water. Under current conditions, drinking water quality cannot be assured; the lack of adequate treatment and aging infrastructure present a clear and unacceptable risk. The consequences of not proceeding in a timely and complete manner are serious; risk to public health and the well -being of citizens, waste and inefficient use of water resources, and needless limitations on growth and the economy of the region. The Action Plan for Safe, Clean Drinking Water is framed around fifty (50) actions; a series of integrated steps designed to bring focus to this community need, clarify functions and costs, and coordinate follow -up. Saint ,John Water and its consultants continue work towards an Action Plan that defines precisely the drinking water upgrades required - with a higher degree of cost certainty. Finding the critical balance between functional quality and financial cost is an underlying objective. Council will be asked to formally adopt the Action Plan and approve a revised Building Canada Fund application. Fine tuning of the Plan and updates will continue until a multi - lateral agreement to proceed is reached and funding is secured. Maintaining a water distribution system safe and free of contaminants is among the most involved responsibilities of a water utility. Saint ,John Water shall continue to bring forward measures to enhance quality and maximize the safety of drinking water. One such proposal is a By -Law Respecting Backflow Prevention and Cross Connection Control. INFRASTRUCTURE ASSET MANAGEMENT Saint,John has some of the oldest utility infrastructure in the country. As important as the high profile service upgrades taking place, adequate investment in infrastructure renewal is needed to sustain utility assets. Saint ,John has a serious deficit in this infrastructure - the total additional investment needed to repair and prevent further deterioration of existing water and wastewater assets. This is a challenge for municipalities across the country; described by FCM as a "crisis ". OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 241 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS JANUARY 14TH, 2009 PAGE 10 The figure below illustrates a required annual investment in water systems renewal (only). Budget recommendations include major commitments to infrastructure renewal. PROJECTED REPLACEMENT COST OF WATER SYSTEM $125.0 $100.0 0 SPENDING E DEFICIT W 0 Q w $75.0 0 � Required Average a Annual Capital Renewal U) Investment - $3.5 million/yea O F $50.0 Z W W .... ...................... ............................... Q Important for such programs is a firm "pay as you go" pledge in every operating budget. Without such a policy commitment every year, it is unrealistic to expect value for money over the long term. Debt financing for renewal -type (re)construction is patently unwise. Good Asset Management' helps decision - makers in their choices; setting aside the right amounts for the right things at the right time. Asset management is a systematic way of doing business over time: (1) determines asset value; (2) manages infrastructure life cycles; (3) understands long -term value and affordability; (4) analyzes risk; (5) measures asset performance; (6) coordinates with operational plans; and (7) integrates technical and financial considerations. The underlying objective of asset management is to ensure the longest, most cost - effective service life possible; to optimize return on investment. OUTSTANDING WATER RATES ISSUES Over 60% of water consumption (raw and disinfected water combined) has long been billed at rates established by agreement - lower than those set through the By -Law. In terms of public perception, some see such rates as preferential. The rates agreement with Irving Oil Limited (IOL) for its original refinery connection, covering some 22% of its (2007) consumption, has remained unresolved since ,July 2000. IOL pays fully at By -Law rates for the remaining 78% (2007) of its water. The agreement ' Municipal Infrastri icture Asset Management, A Best Practice by the National Guide to Sustainable Municipal Infrastructure, InfraGuide, November 2003 OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 242 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS JANUARY 14TH, 2009 PAGE 11 with Irving Pulp and Paper (IPP) expired on March 31 ", 2005. IPP usage is paid at special agreement rates for 95.8% of its water. Notable differences between these users are: ra Volume consumed by IPP (38,656,1 74 m3 in 2007) versus IOL (7,810,108 m3) ra Much of the water used by IPP is drawn from Spruce Lake through a dedicated raw water pipeline; IOL water is taken entirely from the East potable system. It is the direction of Council that all customers pay for utility services at rates established by By -Law. On this basis, a framework is being developed to help resolve outstanding water rates issues as early as possible in 2009. MANAGEMENT OF MWWE AND SEWER USE Municipal wastewater effluents are among the largest sources of water pollution, by volume, in Canada. Flows can contain grit, debris, suspended solids, disease - causing pathogens, decaying organic wastes, nutrients, and some 200 identified chemical S.2 Sewers can also be seriously misused; from cooking fats flushed down drains to heavy industrial effluents dumped irresponsibly. Fats solidify and clog up mains, cutting off normal sanitary flows. Vile industrial effluents can seriously upset biological processes at treatment plants, and compromise ecological obligations and approvals to operate. Controls on what goes into sewer systems are necessary; to prevent consequences that could be detrimental to public health and safety, infrastructure and the environment. Even small discharges of some toxic wastes, when combined, can be harmful to sewer workers, cause damage to municipal infrastructure, interfere with or totally compromise treatment processes, cause pollutants to contaminate the environment, and make treated sludge (bio- solids) not re- useable or unrecyclable. Regulation of municipal wastewater effluents (MWWE) has undergone considerable change since the By -Law Respecting Water & Sewerage was first drafted in 1967. In fact, an extensive consultation has been underway among Environment Canada, the Canadian Council of Ministers of Environment (CCME) and stakeholders to develop a Canada -wide management strategy for MWWE and to harmonize the regulatory framework. Several deficiencies have been identified in the current By -Law, including: ra Only a very limited list of harmful substances is prohibited ra Does not provide for a surcharge on dischargers of high concentration wastes ra Sewer charges do not accurately reflect the cost to treating certain wastes ra Enforcement and fines do not adequately reflect the potential harm caused The State ofAIurucipal iT aste>vater Effluents in Canada, Environment Canada, 2001, p m OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 243 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS JANUARY 14TH, 2009 PAGE 12 ra Does not identify responsibility for sampling and analysis of wastes ra No requirement for individual sewer users (companies) to maintain records showing maintenance and care of required interceptors ra No allowance for working with dischargers to develop responsible remediation plans to reduce environmental contamination and /or system compromise Based on a Model By -Law developed by the CCME, a Sewer Use By -Law establishing new standards for discharges will be proposed for Saint ,John. A "phasing in" period would allow businesses time to adapt and change inappropriate waste discharge practices. SERVICE MANAGEMENT People at Saint ,John Water recognize the critical nature of its services and the special obligations that go with these responsibilities. As this team strives for continuous improvement in its operations, the notion of measuring performance will flourish. We will quantify positive aspects of service delivery and highlight areas where changes should be made. Clear and meaningful numerical data that focuses on outcomes and service value will be supported by concise explanatory comments - made fully available to the public. Greater service effectiveness, improved efficiency and least -cost solutions are possible with a mindset ready to challenge the status quo. We recognize that meaningful performance yardsticks can: ra Strengthen accountability - demonstrate to ratepayers how they are being served and value received for what they pay. ra Focus on results - help improve services; identify where and how quality, efficiency and effectiveness can be enhanced. ra Stimulate innovation and productivity - influence how people seek out both service improvements and cost reductions. ra Improves budget processes - recognize how resources can be best used to meet needs, with budgets based on realistic cost and benefit expectations. Initially, 16 utility relevant performance indicators will be introduced; organized under five headings. These industry- recognized benchmarks (AWWA) will be built upon and adjusted as experience is gained in their application. ORGANIZATION Organizational Best Practices is an index of management practices such as strategic and financial planning, asset management and customer access. 2. Employee Engagement tracks active employee workdays against time lost. 3. Training Hours measures investment in formal employee training. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 244 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS CUSTOMERS JANUARY 14TH, 2009 PAGE 13 4. Customer Service and Quality quantifies issues per 1 ,000 customer accounts; related to both service response and concerns of technical quality. 5. Service Disruptions tallies the number of customers experiencing water or wastewater service disruptions as a ratio per 1 ,000 customer accounts. SUSTAINABILITY 6. Asset Renewal rates degree to which utility infrastructure is being renewed. 7. Renewal Capital from Operating measures the portion of infrastructure renewal funding provided annually ( "pay as you go ") in the operating budget. WATER SERVICES Ba Water Produced /Treated measures total volumes drawn from watersheds and directed to distribution - treated for potable water or raw for industry. 9. Drinking Water Compliance tallies the percentage of days during which there is full compliance with the Approval to Operate drinking water facilities. 10. System Water Loss quantifies the percentage of potable water directed into distribution that does not find its way to customers or other authorized uses. 11. Distribution System Integrity rates watermain condition based on the number of breaks and leaks requiring repair per 100 kilometres of system watermain. WASTEWATER SERVICE 12. Wastewater Processed measures the total volume of wastewater processed through wastewater treatment facilities. 13. Sewer Overflow /By -Pass quantifies system condition and effectiveness of maintenance; as a ratio of overflows per 100 kilometres of system piping. 14. Wastewater Collection System Integrity rates the condition of collection system mains based on frequency of failures per 100 kilometres of piping. 15. Wastewater Treatment Effectiveness quantifies compliance with the effluent quality standards in effect at each wastewater treatment facility. 16. Combined Sewers Ratio provides the percentage of combined (sanitary /storm) sewers against the total system directing flows to treatment facilities. Saint ,John Water is committed to superior quality in its services; it embraces strong leadership, commitment to staff training and development, and being open- minded in its outlook. New facilities will feature LEED -equal construction, remote operation, alternative energy sources and an emphasis on water and energy conservation. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 245 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS WATERSHED PROTECTION AND SOURCE SUSTAINABILITY JANUARY 14TH, 2009 PAGE 14 Our watersheds are profoundly important to the community's future; the well -being of people, the viability of institutions and the competitive position of the economy. Ensuring safe, clean drinking water and sustainability of the water supply for all users involves enforcing land -use standards, installing protective infrastructure, monitoring activities in watershed areas, educating the public and measuring the draw on this vital resource. Water source considerations have to be fully integrated into community planning, development decisions and the sustainable management of water assets. Saint ,John watersheds are also inherently "at risk "; located near major highways, busy roads and the Saint ,John Airport, and easily accessible for irresponsible activities. Serious ecological contamination is a major concern. As such, rigorous controls are essential and, as a first line of protection, the City of Saint ,John has long sought to purchase available watershed lands. Management of watershed assets needs a higher profile, input from stakeholders and governance by the jurisdiction most directly affected. The map below shows land ownership in Saint,John's protected watersheds. PROPOSED 2009 OPERATING BUDGET The proposed Operating Budget (operating plan) for 2009 is attached as Appendix "A ". EXPENDITURE BUDGET Total proposed expenditures are $33,217,735. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 246 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS JANUARY 14TH, 2009 PAGE 15 General Operating Expenses Operating costs are projected to increase by 6.5% to $18,635,555. Reflected in these costs are important service initiatives, along with general inflationary increases for goods and services, special funding of the Utility's share of pension obligations ($298,230 from ratepayers), and contractual obligations. Utility Operating Program I 2008 Budget I 2009 Proposed Watersheds 324,884 277,964 Water Treatment 2,246,678 2,312,056 Water Pumping & Storage 1,216,200 1,270,574 Water Systems 2,960,741 3,022,877 Hydrants and ICI Metering 847,765 1,019,696 Wastewater Collection 1,549,367 1,565,527 Wastewater Pumping 1,198,835 1,339,887 Wastewater Treatment 2,206,982 2,544,430 SJ Water Administration 2,826,561 3,246,745 Infrastructure Development* 738,604 365,917 W & WW Engineering 772,756 927,622 Other Internal Charges 422,560 444,030 Net Pension Costs 182,677 j 298,230 Total $17,494,610 $18,635,555 Fiscal Charges The greatest increase in costs is occurring under fiscal charges. An increase of $2,343,664 (19.2 %) to $14,582,180 in 2009 is related to a substantial "pay as you go" increase for infrastructure asset renewal - a commitment essential for achieving sustainability, service reliability and true value for money. Fiscal Charges Item 2008 Budget I 2009 Proposed Debt Servicing 9,31 5,624 8,977,146 Capital from Operating 2,922,892 5,605,034 Total Fiscal Charges $12,238,516 $14,582,180 OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 247 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS REVENUE BUDGET JANUARY 14TH, 2009 PAGE 16 Planned revenues for 2009 reflect rate changes proposed by the rate review consultants, with a degree of moderation achieved through operating expenditure reduction. As "revenues in" must cover "expenditures out ", total budgeted revenues for 2009 are projected at $33,217,735; an increase of slightly less than $3.5 million (or 11 .7 %) over 2008, as summarized in Table 3. Utility Revenue Distribution - 2009 Proposed 7% 1% ®Fire Protection ®Storm Sewers ®Flat Rate Residential ❑Metered Accounts ❑Other SOME PLANNED OPERATING HIGHLIGHTS - 2009 48% The underlying objective of all Utility operating programs is delivery of safe, reliable and good quality services to the community - at the best possible cost to ratepayers. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 248 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS Saint John Water Administration JANUARY 14TH, 2009 PAGE 17 The single largest expense under Administration is the general government payment of $1,596,000 (up $132,000) made to the General Fund. The addition this year of a redundant SCADA link will make the system more robust, with added capability to flow critical water and wastewater monitoring data; an alternative path for data flow to the Rothesay Avenue control centre. A communications initiative will be undertaken to keep the public informed on the Action Plan for Safe, Clean Drinking Water. Associated with this will be initiation of a public education campaign focused on conservation and efficient use of water. Water systems are complex, multi - dimensional networks of interactive components that operate under sometimes extreme conditions, with infrastructure of uncertain reliability. A computer -based water model is being introduced for evaluating modifications, planning shut downs and maintenance, organizing flushing sequences and tracking age of water. In support of the Centre for Water and Wastewater Excellence and the planned introduction of a two -year Water and Wastewater Technician Program at NBCC Saint John, $10,000 has been identified for program bursaries for graduates of city high schools. Watershed Management Aerial photography of the watersheds is carried out on a rotating basis and provides the ability to review and record significant activity in watershed areas. Water Treatment Assessment of human resources has highlighted a need for expert staff to assume direct operational charge of complex and expensive water treatment, storage and pumping facilities. A strong team begins with leadership that thinks systemically and understands interrelationships among people, systems and processes. Planned for late 2009, as an operational priority, a Water Facilities Superintendent ($35,000 for 4 months) will provide the vitally important direct operational oversight and ensure high quality preventive maintenance regimes. System failure has very serious and costly consequences. An Arc Flash Study will be undertaken in 2009 ($105,000 split equally between Water and Wastewater) to identify measures to mitigate safety risks in facilities. A further amount of $15,000 is allocated annually to attend to identified concerns. Saint John Water partnered with WaterTrax in 2008 to develop a computer -based preventive maintenance (PM) system for utility facilities. Release of a portion of the initial WaterTrax Preventative Maintenance System Canada -wide is scheduled for June 2009. A service agreement (for water facilities) will be entered into in 2009 ($6,000). OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 249 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS Water Pumping and Storage JANUARY 14TH, 2009 PAGE 18 Work ($90,000) will be undertaken at the Westmorland Road Booster Station in 2009 to upgrade the electrical system, install new pumps and motors, and build in flexible connections to prevent facility damage from ground movement. Planned improvements at the Park Street Pump Station ($90,000) will cover electrical components and installation of a new back -up electrical generator. Vibration analysis is a PM measure used to assess operating condition of pumps. Already implemented in wastewater, a program is planned for the 14 water pumping stations. Water Systems The work processes, manning and equipment needs of "dig crews" is being evaluated, including measures to improve safety on work sites, with a goal of optimizing the productive capability of these busy maintenance and repair crews. Hydrants and ICI Metering Unidirectional flushing will continue to expand ($30,000), until the entire distribution system is covered by 2012. Modeled system sectors will be flushed and the program expanded to the Cottage Hill zone and the Glen Falls portion of the Central Low Zone. Water mains compromised by age, "tuberculation" or "bottle necks" are being identified. Hydrant painting will be contracted to a company that specializes in painting ($15,000) - an ongoing cost to repaint the fire hydrant inventory over a 6 -year cycle. Annual funding has not kept pace with the need for water meter renewal. Replacement needs (doubled to $80,000) are being driven by need for accurate measurement and modern technology. Costs are expected to be offset by revenues from true measures. There will be a focus on developing Automatic Meter Reading (AMR) technology ($50,000), with the goal of a proven system in place prior to universal metering. AMR will provide information important to system management and administration of Utility business. Funding the cost of implementation will be tied to the above offset revenues. Wastewater Collection Maintenance of sanitary sewers is vital to service reliability. Similar to storm sewers, sanitary mains require regular inspection and problematic sections cleared of blockages or restrictions. A dedicated sewer maintenance team will give Saint ,John Water a much needed service capability ( +$45,000 /year). A robotic video camera along with a combination vacuum - flusher truck and a cube van for tools and monitoring equipment are key pieces of equipment. Rental costs should begin to lower significantly in 2010. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 250 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS Wastewater Pumping JANUARY 14TH, 2009 PAGE 19 Electricity estimates have been increased through to 2011 ; to reflect addition of 22 new lift stations as part of the Harbour Clean -Up initiative. The expected increase for 2009 is estimated at $70,000, with a further bump of $125,000 in 2010. Saint ,John Water has been actively working with the Energy Manager in improving efficiency in all facilities. Property tax funding has also been increased to reflect more facilities; an additional cost of $5,000 in 2009, with further increases planned for 2010 and 201 1 . A mechanical - electrical upgrade study of the Hickey Road WWLS ($20,000) is planned. Wastewater Treatment Construction of the Eastern Wastewater Treatment Facility (EWWTF) will begin in 2009; a pivotal piece of infrastructure valued at almost $50 million. Facilities like this require high standards of operation and maintenance from the outset. There is a pressing need for expert staff to assume overall operational charge of these and other wastewater facilities. A Wastewater Facilities Superintendent ($70,000 for 8 months) will provide direct oversight of operations by a fully qualified professional and ensure high quality preventive maintenance regimes for all wastewater facilities. System failure can have very serious and costly service consequences. This is an operational priority. The second $52,500 share for the Arc Flash Study is budgeted in Wastewater Treatment. An amount of $15,000 is allocated to correct identified arc flash safety risks. The Saint ,John Water Laboratory has been working towards CALA accreditation. It will require development of a laboratory quality manual in 2009, along with proficiency testing at an estimated cost of $8,000. As was provided for water facilities, funding is included in wastewater treatment for the new WaterTrax Preventative Maintenance System. The service agreement for wastewater will be entered into in 2009 at a cost of $6,000. PROPOSED 2009 WATER AND SEWERAGE RATES Concurrent with budget proposals each year are recommendations on service rates to cover the cost of operations and service delivery. These were frozen in 2008, with a warning that future increases should be expected. Proposed rates are based essentially on the recommendations of the rate review consultants, although somewhat moderated. The By -Law Respecting 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. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 251 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS METERED RATES JANUARY 14TH, 2009 PAGE 20 The cost -of- service charge for users consists of a fixed and variable portion; the recognized industry standard. Fixed (Service) Component Some utility costs are incurred irrespective of the amount of water used; costs referred to as customer costs. These are typically recovered through a fixed service charge, usually based on meter size, designed to take care of the cost of servicing the customer or having the customer connected to the system. The rate review consultants have advised that the fixed component (unchanged since 2002) needs to be updated to reflect full cost recovery. Proposed changes are shown in Table 4 below. 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 amount and pattern of customers' demand for water. These costs are most appropriately recovered through a consumption charge that varies with use. The more water used, the more the customer's bill increases. The volumetric rate component (water consumed) for metered customers would change in 2009 as shown in Table 5. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 252 Meter Size 2008 Bi- Monthly ($) 2009 Bi- Monthly ($) 16mm 30.92 36.06 19mm 37.84 44.14 25mm 51.68 60.28 38mm 67.96 79.27 50mm 135.56 158.12 75mm 281.70 328.58 1 00M 489.90 571.42 1 50mm 769.92 898.04 200mm 1,106.30 1,290.39 250mm & up 1,498.34 1,747.66 Volumetric Component Utilities also incur costs associated with meeting average and above average usage. Often categorized as base and extra - capacity costs, these result from the amount and pattern of customers' demand for water. These costs are most appropriately recovered through a consumption charge that varies with use. The more water used, the more the customer's bill increases. The volumetric rate component (water consumed) for metered customers would change in 2009 as shown in Table 5. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 252 4 J SAINTJOHN WATER (W&S UTILITY FUND) JANUARY 14TH, 2669 PROPOSED 2009 OPERATING AND CAPITAL BUDGETS PAGE 21 Former Blocks Former Usage Range (m3 /bimonthly) Rate ($ per cubic metre) Actual 2007 Actual 2008 New Blocks New Usage Range (m3 /bimonthly) Proposed 2009 1" 0 to 100 0.8955 0.8955 1" 0 to 100 0.9370 2nd 101 to 50,000 0.6406 0.6406 2nd 101 to 250,000 0.5967 3rd 50,001 to 250,000 0.3692 0.3692 4`h Over 250,000 0.1128 0.1128 3rd Over 250,000 0.2106 RATE PROJECTIONS RESIDENTIAL FLAT RATE The residential (flat) rate would rise by $134 to $830 in 2009 (or 19.2 %); a water charge of $373.87 and a sanitary sewer charge of $456.13 (122% sewer surcharge). Projections to 2012 are also provided in Table 7. Assumed Water Rate for Water and Sewerage Services MEMO- 1,111 Consumption Usage Range Rate ($ per cubic metre) 2007 2008 2009 2010 2011 2012 Blocks 283 $696 $696 2009 300 $830 2010 2012 (m3 /bimonthly) 2009 2010 2011 2012 1" 0 to 100 0.9370 1.0898 1.2118 1.2973 2nd 101 to 250,000 0.5967 0.6940 0.7717 0.8261 3rd Over 250,000 0.2106 0.2449 0.2724 0.2916 RESIDENTIAL FLAT RATE The residential (flat) rate would rise by $134 to $830 in 2009 (or 19.2 %); a water charge of $373.87 and a sanitary sewer charge of $456.13 (122% sewer surcharge). Projections to 2012 are also provided in Table 7. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 253 Assumed Water Rate for Water and Sewerage Services Applicable Period Consumption (m3 /year) 2007 2008 2009 2010 2011 2012 2007 -2008 283 $696 $696 2009 300 $830 2010 2012 318 $941 $1,046 $1,120 Cost of both water & sewer per 1,000 litres of water $2.46 $2.46 $2.77 $2.96 $3.29 $3.52 OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 253 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS EQUITABLE SYSTEM OF CHARGES JANUARY 14TH, 2009 PAGE 22 Utility services are provided on a cost - recovery basis; revenues must cover the full cost of operations and service delivery, including debt charges. The challenge is to set user rates that equitably distribute costs across customer groups; proportional to the cost burden associated with servicing the various classes of customer. Those who utilize services should be charged a fair share of overall costs, without cross - subsidization. PROPOSED CAPITAL BUDGET Planned Capital investments reflect Council's priority commitments and focus on the core 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 Capital Budget for 2009 summarized in Table 8 totals $48,695,000; $26.6 million planned from other government partners and City of Saint ,John Gas Tax Fund (GTF) revenues, and just over $22 million from ratepayers. Projects listed in Appendix "D1" address the most pressing water and environmental (wastewater) needs of the community in 2009; each a necessary improvement. Infrastructure Renewal Twenty -nine (29) infrastructure renewal projects would address customer service, safety and reliability issues. Wastewater Treatment Harbour Clean -Up projects are fully cost - shared. Drinking Water Significant is a project for a major transmission main from Spruce Lake ($5.7 million) and a watermain ($2,195,000) to improve service and flow volumes to the Millidgeville area, thus enabling future development. Funding is also designated for a comprehensive water conservation and water use efficiency initiative. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 254 Category # Projects Other Share Utility Share Total Cost Infrastructure Renewal - Sanitary 17 $0 $3,185,000 $3,185,000 Infrastructure Renewal - Water 12 $0 $4,080,000 $4,080,000 Wastewater Treatment 7 $18,220,000 $9,455,000 $27,675,000 (Drinking) Water Service Needs 12 $8,400,000 $4,555,000 $12,955,000 Watershed Protection 4 $0 $800,000 $800,000 2008 Totals 52 $26,620,000 $22,075,000 $48,695,000 Infrastructure Renewal Twenty -nine (29) infrastructure renewal projects would address customer service, safety and reliability issues. Wastewater Treatment Harbour Clean -Up projects are fully cost - shared. Drinking Water Significant is a project for a major transmission main from Spruce Lake ($5.7 million) and a watermain ($2,195,000) to improve service and flow volumes to the Millidgeville area, thus enabling future development. Funding is also designated for a comprehensive water conservation and water use efficiency initiative. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 254 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS JANUARY 14TH, 2009 PAGE 23 Watershed Protection There are four projects at $800,000 for watersheds. CAPITAL PROGRAM PROJECTIONS - 2010 TO 2012 CAPACITY TO DELIVER PROJECTS AND MANAGE PROGRAM The capacity of engineering resources to manage expectations and the large number of projects is a major concern. These people plan the work, guide consultants, and protect the public investments being made. The demands on them are intense and cannot be sustained. Needed engineering professionals must be engaged, some on a "permanent" staff basis, with personnel costs charged directly to related Capital programs. FUTURE DIRECTION Review of Rates and Rate Structure Options There needs to be equity, fairness and value in what people pay for services; charges that reflect true costs and induce efficient water consumption. The system of charges proposed is based on solid principles and a logical method of rate calculation, and is subject to ongoing scrutiny and enhancement. Saint John Harbour Clean -Up Harbour Clean -Up or implementation of full wastewater treatment is on track. Construction of the Eastern Wastewater Treatment Facility will begin this spring and work on other projects will go ahead. Safe, Clean Drinking Water Funding is the major barrier to Council's ability to assure reliable protective barriers and delivery of drinking water that is clear, colourless, odourless and free of harmful matter. Engineering work underway and value analysis will bring clarity to the Action Plan for Safe, Clean Drinking Water - a dynamic strategy to bring necessary modern standards to Saint John. A By -Law Respecting Backflow Prevention and Cross Connection Control will be proposed in 2009 as an element of the plan. Infrastructure Asset Management Public utility assets are conservatively valued at over $%Z billion; sustaining these over time and assuring service reliability is a central obligation. Budget proposals incorporate a substantial "pay as you go" pledge for infrastructure renewal; $5,740,034 in 2009 (+ 92 %) and $6,900,000 from 2010 to 2012. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 255 Year # Projects Other Share T Utility Share Total Cost 2009 52 $26,620,000 $22,075,000 $48,695,000 2010 47 $19,017,000 $20,498,000 $39,515,000 2011 51 $28,535,000 $25,030,000 $53,565,000 2012 53 $45,195,000 $27,840,000 $73,035,000 CAPACITY TO DELIVER PROJECTS AND MANAGE PROGRAM The capacity of engineering resources to manage expectations and the large number of projects is a major concern. These people plan the work, guide consultants, and protect the public investments being made. The demands on them are intense and cannot be sustained. Needed engineering professionals must be engaged, some on a "permanent" staff basis, with personnel costs charged directly to related Capital programs. FUTURE DIRECTION Review of Rates and Rate Structure Options There needs to be equity, fairness and value in what people pay for services; charges that reflect true costs and induce efficient water consumption. The system of charges proposed is based on solid principles and a logical method of rate calculation, and is subject to ongoing scrutiny and enhancement. Saint John Harbour Clean -Up Harbour Clean -Up or implementation of full wastewater treatment is on track. Construction of the Eastern Wastewater Treatment Facility will begin this spring and work on other projects will go ahead. Safe, Clean Drinking Water Funding is the major barrier to Council's ability to assure reliable protective barriers and delivery of drinking water that is clear, colourless, odourless and free of harmful matter. Engineering work underway and value analysis will bring clarity to the Action Plan for Safe, Clean Drinking Water - a dynamic strategy to bring necessary modern standards to Saint John. A By -Law Respecting Backflow Prevention and Cross Connection Control will be proposed in 2009 as an element of the plan. Infrastructure Asset Management Public utility assets are conservatively valued at over $%Z billion; sustaining these over time and assuring service reliability is a central obligation. Budget proposals incorporate a substantial "pay as you go" pledge for infrastructure renewal; $5,740,034 in 2009 (+ 92 %) and $6,900,000 from 2010 to 2012. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 255 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS JANUARY 14TH, 2009 PAGE 24 Outstanding Water Rate Issues Saint ,John is unique in terms the high proportion of municipal water that goes to industry. Outstanding rate "agreements" with large users must be resolved early in 2009 - in order to move forward with clarity. Rate concepts are being considered, including a raw water rate where that could apply, to better define the nature of the utility services. Staff will report separately to Council on these. Management of MWWE and Sewer Use A new Sewer Use By -Law will be proposed in 2009; a measure that will bring significant change to how municipal sewers are used. Service Management A refined service structure with an initial set of utility -based performance measures shall be introduced by,June 30". These measures are designed to reinforce accountability, improve operating results, stimulate innovation and advance budget processes. Recognizing that progressive, well- educated staff is vital to service performance, priority operational needs would begin to be addressed in 2009 (to 2011). Watershed Protection and Source Sustainability Shared responsibility for watershed protection shall be emphasized as a public priority, with the sustainability of source waters an integral part of all planning and water management considerations. RECOMMENDATIONS It is recommended that Common Council adopt the following resolutions: L. RESOLVED that the estimated revenue for the Water and Sewerage Utility for the year 2009 in the amount of $33,217,735 be adopted (Appendix "A "); 2.. RESOLVED that the estimate of expenses for the Water and Sewerage Utility for the year 2009 in the amount of $33,217,735 be approved (Appendix "A "); 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 2009 in the amount of $48,695,000, as set out in the attached schedule of projects (Appendix "D1 "), be approved. Respectfully submitted, J.M. Paul Groody, P. Eng. Commissioner, for Saint ,John Water Terrence L. Totten, FCA City Manager Gregory,J. Yeomans, CGA, MBA Commissioner of Finance OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 256 4 J SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS JANUARY 14TH, 2009 PAGE 25 APPENDIX "A" $AINT,JOHN WATER OPERATING BUDGET — PROPOSED 2009 2007 2008 2009 BUDGET BUDGET PROPOSED Watersheds 297,537 324,884 277,964 Water Treatment 1,581,494 2,246,678 2,312,056 Water Pumping & Storage 1,075,778 1,216,200 1,270,574 Water Systems 2,875,865 2,960,741 3,022,877 Hydrants & ICI Metering 937,886 847,765 1,019,696 Wastewater Collection 1,562,776 1,549,367 1,565,527 Wastewater Pumping 1,101,646 1,198,835 1,339,887 Wastewater Treatment 2,096,339 2,206,982 2,544,430 W & S Administration 3,340,763 2,826,561 3,246,745 Infrastructure Development 726,203 738,604 365,917 W & WW Engineering 904,267 772,756 927,622 Other Internal Charges 395,630 422,560 444,030 Net Pension Costs 500,950 182,677 298,230 Operating Expenses 17,397,134 17,494,608 18,635,555 Fiscal Charges Debt Servicing 8,551,512 9,315,624 8,977,146 Capital From Operating 3,778,435 2,922,892 5,605,034 Total Fiscal Charges 12,329,947 12,238,516 14,582,180 Total Expenditures 29,727,081 29,733,124 33,217,735 REVENUES Fire Protection Levy 1,708,119 1,882,000 2,250,000 Storm Sewer Levy 1,1 53,960 986,123 1,040,000 Flat Rate Residential Customers 11,728,974 11,728,974 13,738,410 Other Revenues 225,000 225,000 225,000 By -Law Metered Accounts 14,911,028 14,911,027 15,964,325 Total Revenues 29,727,081 29,733,124 33,217,735 OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 257 4 J SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS JANUARY 14TH, 2009 PAGE 26 APPENDIX "B" $AINT,JOHN WATER OPERATING BUDGET - OUTLOOK 2010 TO 2012 2010 2011 2012 OUTLOOK OUTLOOK OUTLOOK Watersheds 285,791 290,968 296,295 Water Treatment 2,371,640 2,435,784 2,516,746 Water Pumping & Storage 1,140,442 1,1 70,421 1,201,287 Water Systems 3,131,287 3,196,044 3,262,736 Hydrants & ICI Metering 966,149 1,006,118 1,046,724 Wastewater Collection 1,580,483 1,618,433 1,657,465 Wastewater Pumping 1,478,760 1,599,349 1,643,275 Wastewater Treatment 3,201,907 4,300,322 4,396,457 W & S Administration 3,391,1 10 3,570,193 3,692,749 Programs & Services 386,150 396,486 407,148 W & WW Engineering 968,666 999,777 1,032,020 Other Internal Charges 457,772 469,296 483,002 Net Pension Costs 429,570 443,360 457,600 Operating Expenses 19,789,727 21,496,551 22,093,504 Fiscal Charges Debt Servicing 10,600,998 12,576,120 14,664,337 Capital From Operating 6,900,000 6,900,000 6,900,000 Total Fiscal Charges 17,500,998 19,476,120 21,564,337 Total Expenditures 37,290,725 40,972,671 43,657,841 REVENUES Fire Protection Levy 2,280,000 2,470,000 2,710,000 Storm Sewer Levy 1,090,000 1,146,000 1,180,000 Flat Rate Residential Customers 15,579,357 17,305,871 18,506,296 Other Revenues 225,000 225,000 225,000 By -Law Metered Accounts 18,116,368 19,825,800 21,036,545 Total Revenues 37,290,725 40,972,671 43,657,841 OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 258 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS PROPOSED 2009 CHANGES JANUARY 14TH, 2009 PAGE 27 APPENDIX "C" BY -LAW NUMBER M -1 6, A BY -LAW RESPECTING WATER AND SEWERAGE (WATER AND SEWERAGE UTILITY FUND) • BY -LAW TO AMEND UN ARRETE POUR MODIFIER • BY -LAW RESPECTING WATER AND ARRETE CONCERNANT LES RESEAUX D'EAU ET SEWERAGE D'EGOUTS Be it enacted by Common Council of the Le conseil communal de The City of Saint City of Saint ,John, as follows: ,John edicte : A by -law of the City of Saint ,John entitled Par les presentes, 1'arrete de The City of "A By -law Respecting Water and Sewerage" Saint ,John intitule a Arrete concernant Ies enacted on the 7" day of ,June, A.D. 2004, reseaux d'eau et d'egouts », edicte le is hereby amended as follows: 7 juin 2004, est modifie comme suit 1. Schedules "A ", "B" and "C" are repealed 1 . Les annexes a A », a B » et a C » sont and the following are substituted abrogees et sont remplacees par celles qui therefor. figurent aux presentes. Mayor or the member of the Council who Maire ou membre du conseil qui presidait la presided at the meeting at which it was reunion a Iaquelle 1'arrete a ete edicte enacted; and/ Common Clerk Greffiere communale First Reading Premiere lecture Second Reading Deuxieme lecture Third Reading Troisieme lecture OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 259 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS A BY -LAW RESPECTING WATER AND SEWERAGE ARRETE CONCERNANT LES RESEAUX D'EAU ET D'EGOUTS JANUARY 14TH, 2009 PAGE 28 SCHEDULE "A" ANNEXE «A» Effective January 155, 2009 / En vigueur le 1 of janvier 2009 Flat rate customers Tarif forfaitaire pour les clients Flat rate customers Yearly $373.87 Tarif forfaitaire pour Tarif 373,87 $ Water charge les clients annuel Redevance Sur 1'eau OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 260 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS A BY -LAW RESPECTING WATER AND SEWERAGE Effective January 155, 2009 JANUARY 14TH, 2009 PAGE 29 SCHEDULE "B" Monthly (by m3) I Bi- Monthly (by m3) Consumption (m3) 1Bi-Monthly !l Meter Size Yearly ($) 0.9370 Monthly ($) 15mm 216.36 For the next 249,900 18.03 36.06 20mm 264.84 0.2106 22.07 44.14 25mm 361.68 30.14 60.28 40mm 475.56 39.63 79.26 50mm 948.72 79.06 158.12 75mm 1,971.48 164.29 328.58 1 00M 3,428.52 285.71 571.42 1 50mm 5,388.24 449.02 898.04 200mm 7,742.40 645.20 1,290.40 250mm & up 10,485.96 873.83 1,747.66 Monthly (by m3) I Bi- Monthly (by m3) Consumption (m3) Rate ($ /m3) Consumption (m3) Rate ($ /m3) For the first 50 0.9370 For the first 100 0.9370 For the next 124,950 0.5967 For the next 249,900 0.5967 For all in excess of 125,000 0.2106 For all in excess of 250,000 0.2106 Spillage 0.1100 Spillage 0.1100 OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 261 4 J SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS ARRETE CONCERNANT LES RESEAUX D'EAU ET D'EGOUTS En vigueur 1e, janvier 2009 JANUARY 14TH, 2009 PAGE 30 ANNEXE << B >> Mensuel (par m3) I Bimestriel (par m3) Consommation (m3) Frais ($ /m3) Dimension du Frais ($ /m3) Pour les 50 premiers m3 0,9370 Pour les 100 premiers m3 Tarif annuel ($) Tarif mensuel ($) Tarif bimensuel ($) compteur 0,5967 Pour toute consommation au -dela de 125 000 m3 0,2106 15mm 216.36 18.03 36.06 20mm 264.84 22.07 44.14 25mm 361.68 30.14 60.28 40mm 475.56 39.63 79.26 50mm 948.72 79.06 158.12 75mm 1,971.48 164.29 328.58 1 00m 3,428.52 285.71 571.42 1 50mm 5,388.24 449.02 898.04 200mm 7,742.40 645.20 1,290.40 250mm et plus 10,485.96 873.83 1,747.66 Mensuel (par m3) I Bimestriel (par m3) Consommation (m3) Frais ($ /m3) Consommation (m3) Frais ($ /m3) Pour les 50 premiers m3 0,9370 Pour les 100 premiers m3 0,9370 Pour les 124 950 m3 suivants 0,5967 Pour les 249 900 m3 suivants 0,5967 Pour toute consommation au -dela de 125 000 m3 0,2106 Pour toute consommation au -dela de 250 000 m3 0,2106 Renversement 0,1100 Renversement 0,1100 OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 262 SAINTJOHN WATER (W&S UTILITY FUND) PROPOSED 2009 OPERATING AND CAPITAL BUDGETS A BY -LAW RESPECTING WATER AND SEWERAGE ARRETE CONCERNANT LES RESEAUX D'EAU ET D'EGOUTS JANUARY 14TH, 2009 PAGE 31 SCHEDULE "C" ANNEXE «C» Effective January 155, 2009 / En vigueur le 1 of janvier 2009 Sanitary sewer surcharge Surtaxe d'egouts sanitaires 1 . The charge for sanitary sewer services is 1 . Les droits afferents aux egouts sanitaires calculated as 122% of the customer's bill s'etablissent A 122 % de la taxe d'eau de for water services (including both 1'abonne (frais de service et redevance de consumption and service charges). consommation compris). 2. The charge for sanitary sewer may be 2. Les droits afferents aux egouts sanitaires adjusted based on factual product data pourrait titre ajustes fondes Sur Ies provided by a customer (manufacturer), donnees de produit basees Sur Ies faits to the satisfaction of the Commissioner, fournies par un client (le fabricant), A la which shows the volume of metered satisfaction du Commissaire, qui montre water incorporated into a product and le volume d'eau mesuree A la not directed to the sewerage system. consommation incorporee clans un produit et non acheminee au systeme d'eaux usees. OUR BUSINESS IS YOUR WATER / VOTRE EAU, C'EST NOTRE AFFAIRE 263 For Category No. of Other Utility Total Projects Share Share Infrastructure Renewal - Sanitary 17 $0 $3,185,000 $3,185,000 Infrastructure Renewal - Water 12 $0 $4,080,000 $4,080,000 Wastewater Treatment 7 $18,220,000 $9,455,000 $27,675,000 Water Service Needs 12 $8,400,000 $4,555,000 $12,955,000 Watershed Protection 4 $0 $800,000 $800,000 TOTALS: 52 $26,620,000 $22,075,000 $48,695,000 Water Service Needs 20.6% Infrastructure Renewal - Sanitary 14.4% Wastewater Treatment 42.8% 264 Infrastructure Renewal - Water 18.5% MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Isfl g of lDDrop see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks ISI has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Ir o fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Infrastructure Renewal - Sanitar Project Location Description Other Utility Share Share Albert Street Victoria Street to Main Street Renew approx. 170m of 375mm T.C. (1899) 0 195,000 with new 250mm and 300mm sanitary sewer, including design and construction management services Combined Sewer Combined sewers east of Marsh A strategy prioritizing the separation of 0 400,000 Separation Strategy_ - East Creek and south of the combined sanitary and storm sewers for the Throughway_ eastside and providing an estimate for budget purposes. One of the deliverables would be large scale maps showing all existing sewers (storm, sanitary and combined) with proposed new sewers for separation. Douglas Avenue Civic -228 to Bentley_ Street Renew approx. 125m of 300mm T.C. with new 0 145,000 250mm sanitary sewer to eliminate existing outfall, including design and construction management services Douglas Avenue Clarendon Street to Civic -170 Renew 335 m of 450 mm sanitary sewer, 0 240,000 including design and construction management services. Ford Avenue Between Holland Street and Renew approx. 60m of 150mm and 200mm 0 55,000 Todd Street with new 200mm sanitary sewer to correct flow and backup problems in the area, including design and construction management services Glengarry Drive Civic - 65 to Westmorland Road Install approximately 60 m of 375 mm sanitary 0 25,000 sewer, including design and construction management services. Note: Existing sanitary sewer on Glengarry Drive is connected to Mountain Road .There is a sewer easement between - 65 and - 67 Glengarry Drive. Loch Lomond Road Russell Street to Westmorland Design for renewal of approx. 175m of 250mm 0 15,000 Road and 300mm T.C. (1925) sanitary sewer in conjunction with road realignment as part of the One -mile Interchange construction. Market Place (RDH) - King Street West to St. Renew approx. 165m of 200mm, 300mm and 0 215,000 John Street 375mm T.C. sanitary sewer, including construction management services Peel Plaza Union Street ! Hazen Avenue Renew approx. 270m of 200mm sanitary sewer 0 190,000 Carleton Street area in conjunction with street reconstruction as part of the proposed Peel Plaza Development, including construction management services 265 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Hsfing of lDDropC see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks I st has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR 'Ho fty assNgniments are sWbject to change ge i any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Saint John North ! South Sanitary Sewer Infiltration Study Location Description North End and South ! Central Smoke testing of the sanitary system in the area Peninsula areas to detect sources of storm flow infiltration, including design and construction management services Sanitary Sewer Cross Various Connections Program to install 'Duck Bills" on sanitary sewer overflow lines to eliminate back -ups from storm sewer flows. Sustainable Energy_ Lancaster Lagoon Lighting retrofit, VFD installation on blowers 0 260,000 Management and oxygen diffusion investigation Visart Street Churchill Boulevard to Renew approx. 155m of deteriorated 225mm 0 150,000 Harrington Street, ineludina T.C. (1954) with new 200mm sanitary sewer, Harrington Street from Visart including design and construction management Street to Turnbull Place services Wastewater Pumping Facilities Wastewater Pumping Facilities Wastewater Pumping Facilities Carpenter Place Wastewater Pumping Facility Rothesay Avenue Simpson Drive Renew existing bar screen at wastewater 0 180,000 pumping facility, including design and construction management services Mechanical and electrical upgrades, including 0 415,000 design and construction management services. Mechanical and electrical upgrades, including 0 255,000 design and construction management services. Wastewater Treatment Millidaeville Wastewater Renewal of electrical components in the 0 145,000 Facilities Treatment Facility secondary clarifier building. TOTAL: LO $3,185,000 266 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Hsfing of lDDropC see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks I IIS1 has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR 'Ho fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Carleton Street area Share Share Albert Street Victoria Street to Main Street Renew approx. 160m of 200mm C.I. (1889) 0 165,000 with new 200mm watermain, ineludina design and construction management services Champlain Heights Champlain Heights Desian services for renewal of the water 0 35,000 Pumping Station Harrinaton Street, including pumping station Doualas Avenue Clarendon Street to Civic w 170 Renew 335 m of 300 mm watermain, including 0 240,000 Street to Adelaide Street design and construction management services Kina Street West Market Place to Watson Street Desian for watermain and sanitary sewer 0 55,000 Rehabilitation Lancaster; Millidgeville, renewal, including design and construction Lakewood management services Loch Lomond Road Russell Street to Westmorland Road Market Place (RDH) - King Street West to St John Street Design for renewal of approx. 255m of 250mm, 0 25,000 300mm, and 400mm C.I. watermain in conjunction with road realignment as part of the One -mile Interchanae construction, including design services Renew approx. 625m of 150mm and 200mm 0 570,000 C.I. with new 300mm watermain, ineludina construction management services Peel Plaza Union Street ! Hazen Avenue Renew approx. 455m of 200mm and 300mm 0 340,000 Carleton Street area C.I. watermain in conjunction with street reconstruction as part of the proposed Peel Plaza Development, including construction management services Visart Street Churchill Boulevard to Renew approx. 215m of 200mm C.I. (1950) 0 200,000 Harrinaton Street, including watermain, including design and construction Harrinaton Street from Visart management services Street to Adelaide Street Water Storage Reservoir Rockwood Park; Spruce Lake, Rehabilitation of existing water storage 0 250,000 Rehabilitation Lancaster; Millidgeville, reservoirs to meet required safety regulations, Lakewood including design and construction management services Watermain Cleanina and Various locations Cleanina and lining of existing unlined C.I. 0 1,500,000 Lining watermains to improve pressure, water quality, and fire flows in the area 267 Project Watermain Flushing Removal Woodward Avenue Location Description Various locations Removal of existing Watermain flushing cross - 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 Near Cedar Point Trailer Park Renew P.R.V. components including chamber 268 TOTAL: Other Utility Share Share 0 500,000 0 200,000 L0 $4,080,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Isfl rig of lDDrop see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks ISI has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Ir o fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Share Share * Bayside Drive Bay_ side Drive Area Construction of Lift Stations =I, =1 & =3 and 1,100,000 550,000 Forcemain.!Collector System, including construction management services Biosolids Processina West Saint John Land acquistion for future biosolids processing 0 200,000 facility * Eastern Wastewater At Hazen Creek Construction of new upgraded sewage 15,840,000 7,920,000 Treatment Facility_ treatment plant, outfall extension, including construction management services - 500 o funding (Subphase B) * Gilbert Street Allison Grounds Area Construction of Lift Station =6 and 200,000 100,000 Forcemain.!Collector System, including construction management services * Red Head Road Red Head Road area Construction of Lift Station X50, including 120,000 60,000 construction management services * Thorne Avenue Egbert Street Kimball Streets Construction of Collector system, easement 960,000 480,000 Haymarket Square Seaton Street! Frederick Street land acquisition, including construction area management services Wastewater Treatment Lancaster Wastewater Treatment Installation of new backup electrical system at 0 145,000 Facilities Facility_ the treatment facility, including design and construction management services TOTAL: $18,220,000 $9,455,000 269 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Isfl rig of lDDropC see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks ISI has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Ir o fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Beaverbrook Avenue ,L1 Location Wellesley_ Avenue to Pugsley Avenue, including Puaslev Avenue from Beaverbrook Avenue to Somerset Street, Dufferin Avenue from Wellesley_ Avenue to dead end, Somerset Street at Churchill Blvd and Visart Street Cottage Hill Zone Champlain Heights pump station to Cottage Hill tank Dever Road 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 Description Install approx. 960m of new 400mm Transmission Main and 300mm watermain renewal at Visart Street along with new watermain installation on Somerset Street to improve service and pressure to the Millidaeville area, including design and construction management services Other Utility Share Share 2,195,000 Design services for new transmission main 0 170,000 required to support increased water demand from growth Design services for cleaning and lining or 207,000 103,000 renewal of approx. 1800m of existing 600mm Transmission Main and installation of a 300mm dia. Watermain to Milford. Proposed as part of the reconfiguration of the Western Water Distribution System. District Metering Various Installation of flow meters on watermains 534,000 266,000 Program within the distribution system and the creation of a program to monitor and audit the water usage in each district. Phase 1 of 2, including design and construction management services. Harbourview Subdivision Wellhouses at Ocean Drive and Upgrades to wellhouses and installation of 0 390,000 Seaward Crescent chlorine boosters, including design and construction management services. Latimer Lake Intakes ! At Latimer Lake Design services for a new screen house and 193,000 97,000 Screen House renewal of 2 existing intakes with 3 new 1050mm intakes. Phase 1 of 2 Pipeline Road West Spruce Lake to Gault Road Installation of approx. 3400m of new 600mm 5,700,000 0 Transmission Main including 1700m of 200mm rider main for local service to Ocean Westwav, including design and construction management services. Project proposed to be funded by Federal Gas Tax revenue. Sandv Point Road Sandv Point Road (Cranberry Land acquisition for proposed water storage 0 50,000 Storage Reservoir Hill area) reservoir Spruce Lake Industrial Water Tower Road and King Isolate 900mm dia. transmission main, install 0 400,000 Park William Road 167m of 250mm dia. Distribution main from King William Road to Lorneville Road, connect 300mm dia. Main at Water Tower Road 270 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram III sfing of lDDropC see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks I IISI has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR 'Ho fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location ,L1 Description Other Utility Share Share Water Treatment Spruce Lake Desian for new Water Treatment Facilities to 1,333,000 667,000 treat potable water supply for City in accordance with Water Strategy (Modified Option 213). Water Use Efficiency_ Water Distribution System Identification and implementation of efficient 233,000 117,000 Proaram water usage practices and technologies West Raw Water Spruce Lake Inspect Nvest raw water 1500mm dia. 200,000 100,000 Transmission Main Transmission main including raw water intake at Spruce Lake during IPP shut down. Phase I of 2, including design and construction management services. TOTAL: $8,400,000 $4,555,000 271 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Isfl g of lDDrop see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks IS1 has not Deer approved l Did CCmIinio n CCunc 1. C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Ir o fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Share Share Watersheds Hunter Lake; Latimer Lake Desian for structure rehabilitation, including 0 100.000 South; McBrien Lake; Terreo design services Lake: Taylor Lake Watersheds Loch Lomond Watershed Land acquisition for watershed protection (as 0 200.000 required) Watersheds Robertson Lake Desian for structure rehabilitation of dam. 0 100.000 includin, design services Watersheds Various locations Construction of facilities to protect watersheds 0 400.000 from runoff from highway hazards, including design and construction management services TOTAL: $0 $800,000 272 For 20 10 Category No. of Other Utility Total Projects Share Share Infrastructure Renewal - Sanitary 12 $0 $3,270,000 $3,270,000 Infrastructure Renewal - Water 12 $0 $4,965,000 $4,965,000 Wastewater Treatment 7 $9,080,000 $4,980,000 $14,060,000 Water Service Needs 11 $9,937,000 $5,033,000 $14,970,000 Watershed Protection 5 $0 $2,250,000 $2,250,000 TOTALS: 47 $19,017,000 $20,498,000 $39,515,000 Infrastructure Renewal - Sanitary 16.0% Water Service Needs 24.6% Wastewater Treatment 24.3% 273 Infrastructure Renewal - Water 24.2% MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Isfl rig of lDDrop see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks ISI has not Deer approved l Did CCmIinio n CCunc 1. C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Ir o fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Share Share Autumn Street Wright Street to Glenburn Court Renew approx. 120m of existing 200mm, 0 170,000 (including Glenburn Court to 300mm, and 375mm T.C. with new 200mm, dead end) and install approx. 50m of new 200mm sanitary_ sewer, including design and construction management services Combined Sewer North End A strategy prioritizing the separation of 0 400,000 Separation Strategy_ - combined sanitary and storm sewers for the North north side and giving an estimate for budget purposes. One of the deliverables would be maps showing all existing sewers (storm, sanitary combined) with proposed new sewers for separation. Hillerest Drive Manawagonish Road to Fenton Renew approx. 560m of 200mm and 300mm 0 435,000 Drive T.C. sanitary sewer, including design and construction management services Jack's Field Gooderich Street to Wright Renew approx. 175m of 300mm T.C. and line 0 385,000 Street, including James Fan approx. 85m of 300mm and 375mm sanitary Court to Autumn Street sewer; easement acquisition, including design and construction management services Kennebecasis Drive near w 61Kennebecasis Drive to renew approx 130m of sanitary sewer, 0 130,000 Beach Crescent lift station including design and construction management services. King Street West Market Place to Watson Street Renew approx. 260m of 300mm T.C. with new 0 190,000 200mm sanitary sewer Loch Lomond Road Russell Street to Westmorland Renewal of approx. 175m of 250mm and 0 170,000 Road 300mm T.C. (1925) sanitary sewer in conjunction with road realignment as part of the One -mile Interchange construction, including construction management services Milford Sanitary_ System Milford Road to River Hill Drive Renew approx. 175m of 200mm sanitary sewer 0 200,000 and easement acquisition to address sanitary backup issues, including design and construction management services Seely_ Street Gooderich Street to Spruce Street Renew 170m of 225mm T.C. (1878) with new 0 140,000 200mm sanitary sewer, including design and construction management services Wastewater Pumping Lorneville Wastewater Pumping Renew existing bar screen at wastewater 0 180,000 Facilities Facility_ pumping facility, including design and construction management services 274 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Hsfing of lDDropC see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks I st "1 S not Deer approved l Did Com liniion Councfl, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR 'Ho fty assNgniments are subject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Share Share Wastewater Treatment Morna Heiahts Wastewater Upgrade of mechanical system to increase 0 840,000 Facilities - Local Treatment Facility_ process efficiency of the existing treatment facilities in accordance with the previous study, including design and construction management services Winona Avenue Gooderich Street to end Renew approx. 31m of 225mm cone. (1958) 0 30,000 with new 200mm sanitary sewer, including design and construction management services TOTAL: L0 $3,270,000 275 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Isfl rig of lDDropC see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks ISI has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Ir o fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Autumn Street Location Description Wriaht Street to Glenburn Court Renew approx. 170m of existing 150mm C.I. (including Glenburn Court to with new 200mm watermain, including design dead end) and construction management services Other Utility Share Share 170,000 Champlain Heights Champlain Heights Renewal of water pumping station including 0 435,000 Pumping Station construction management services. Hillerest Drive Manawagonish Road to Fenton Renew approx. 520m of 200mm C.I. 0 395,000 Drive watermain, including design and construction management services King Street West Market Place to Watson Street Renew approx. 320m of 150mm with new 0 250,000 250mm watermain Loch Lomond Road Russell Street to Westmorland Renewal of approx. 255m of 250mm, 300mm, 0 300,000 Road and 400mm C.I. watermain in conjunction with road realignment as part of the One -mile Interchanae construction, including design services Russell Hill Road ! Saint Russell Hill Road ! Saint Clair Desian services for the renewal of water and 0 50,000 Clair Avenue Area Avenue Area sanitary facilities in the area to improve flows and eliminate dead ends. Seely_ Street Gooderich Street to Spruce Street Renew approx. 170m of 150mm C.I. with new 0 140,000 200mm watermain, including design and construction management services Sustainable Energy_ Water Pumping Stations HVAC'Lights upgrades and VFD upgrade 0 140,000 Management Somerset St, Spruce Lake, Lakewood, University_ Avenue and Musquash. Aslo Millidgeville treatment plant and Lorneville pumping station. Transmission Mains East Various locations Rehabilitation of existing vaults, valves and 0 250,000 appurtenances on 600mm and 900mm transmission mains, including design and construction management services Water Storage Reservoir Cottage Hill Rehabilitation of existing water storage 0 305,000 Rehabilitation reservoir to meet required safety regulations, including design and construction management services Watermain Cleaning and Various locations Cleaning and lining of existing unlined C.I. 0 2,500,000 Lining watermains to improve pressure, water quality, and fire flows in the area 276 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram III sfing of lDDrop see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks I st "1 S not Deer approved l Did (`om liniion Councfl, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR 'Ho fty assNgniments are subject to change ge t any $VIme, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Winona Avenue Location Description Other Utility Share Share Gooderich Street to end Renew approx. >jm of 25mm copper (1958) 0 30,000 with new 50mm water service, including design and construction management services TOTAL: $0 $4,965,000 277 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Isfl g of lDDrop see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks ISI has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Ir o fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Share Share * Crown Street Crown Street Construction of Lift Station =7 and 200,000 100,000 Forcemain.!Collector system, including construction management services * Crown Street Near Britain Street Construction of Lift Station =8 and 2,380,000 1,190,000 Forcemain.!Collector system, including construction management services * Dominion Park Dominion Park Pleasant Point Construction of Lift Stations =32 at Pleasant 940,000 470,000 Pleasant Point area Point & =33 at Dominion Park, and Forcemain.!Collector Systems, including construction management services * Long Wharf Long Wharf Area Construction of Lift Station --10 and 2,980,000 1490,000 Forcemain.!Collector System, including construction management services * MacLaren Boulevard ! North of Flemmina Court, Install approx. 810m of new 200mm, 300mm, 360,000 180,000 Sandy_ Point Road MacLaren Boulevard to Sandy_ and 375mm sanitary sewer, easement Point Road through easement acquisition, including design and construction behind Hazen White School management services Wastewater Treatment Millidgeville Wastewater Installation of new backup electrical system at 0 440,000 Facilities Treatment Facility_ the treatment facility, including design and construction management services * Water Street Water Street area Construction of Lift Station =9 and 2,220,000 1,110,000 Forcemain.!Collector System, including construction management services TOTAL: 278 $9,080,000 $4,980,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Isfl rig of lDDropC see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks ISI has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Ir o fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS ,L1 Project Location Description Other Utility Share Share Cottage Hill Zone Champlain Heights pump station Installation of new transmission main required 0 2,100,000 to Cottage Hill tank to support increased water demand from arowth, including construction management services. Dever Road Manchester Avenue to Church Cleaning and lining or renewal of approx. 3590,000 0 Avenue, including Church 1800m of existing 600mm Transmission Main Avenue to Main Street West and and installation of a 300mm dia. Watermain to Main Street West from Church Milford. Remove old 100 mm saddle, etc. from Avenue to Charles Street West 600 mm main and install BV including and Milford.' Randolph construction management services. Project proposed to be funded by Federal Gas Tax revenue. District Metering Water Distribution Sy_ stem Installation of flow meters on watermains 600,000 0 Proaram 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 proposed to be funded by Federal Gas Tax revenue. Golden Grove Road Golden Grove Road Design of upgrades to improve fire flows (new 0 75,000 Boosted Zone pumping station or extension of a watermain from a tank zone) Lakewood Heights Lakewood Heights pumping Design services for installation of three 300,000 150,000 Transmission Mains station to Sandbank Hill watermains, approx 3000m each in length. Lancaster Avenue Main Prince Street to Church Avenue Design for cleaning and lining of approx. 0 35,000 Street West 1300m of existing 600mm watermain proposed as part of the reconfiguration of the water distribution system, including design services Latimer Lake Intakes ! At Latimer Lake Desian services for a new screen house, 267,000 133,000 Screen House upgrade at dam and renewal of 2 existing intakes with 3 new 1050mm intakes. Phase 2 of 2 Latimer Lake Intakes ! At Latimer Lake Construction of a new screen house, upgrade at 2,213,000 1,107,000 Screen House dam and installation of approx. 600m of new 1050mm intake pipe, including construction management services (Phase 1 of 2) Reversina Falls Bridae Reversina Falls Bridae Desian services for renewal of existing 475mm 300,000 watermain with two new 500mm watermains proposed as part of the reconfiguration of the water distribution system. Project proposed to be funded by Federal Gas Tax revenue. 279 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram III sfing of lDDropC see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks I IISI has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR 'Ho fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS ,L1 Project Location Description Other Utility Share Share Water Transmission Latimore Lake Inspect condition of water transmission tunnels 0 100,000 Tunnels Inspection at at airport and design for necessary upgrades Airport Water Treatment Eastern Water System Design for new Water Treatment Facilities to 2,667,000 1,333,000 treat potable water supply for City in accordance with Water Strategy (modified Option 213), including design services. TOTAL: $9,937,000 $5,033,000 280 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Isfl rig of lDDrop see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks IS1 has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Ir o fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Watersheds Hunter Lake: Latimer Lake South, McBrien Lake, Terreo Lake; Taylor Lake Description Other Utility Share Share Structure rehabilitation in accordance with 0 700,000 previous design, including construction management services 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 Robertson Lake Construction of upgrade to the Robertson Lake 0 1,000.000 Dam spillway, add 1.2 m of free board and provide a long term vegetation management plan for the earth embankments including construction management services. Watersheds Various locations Construction of facilities to protect watersheds 0 200,000 from runoff from highway hazards, including design and construction management services TOTAL: $0 $2,250,000 281 i o For Category No. of Other Utility Total Projects Share Share Infrastructure Renewal - Sanitary 17 $0 $3,230,000 $3,230,000 Infrastructure Renewal - Water 17 $0 $6,155,000 $6,155,000 Wastewater Treatment 3 $4,340,000 $2,170,000 $6,510,000 Water Service Needs 11 $24,195,000 $12,675,000 $36,870,000 Watershed Protection 3 $0 $800,000 $800,000 TOTALS: 51 $28,535,000 $25,030,000 $53,565,000 Water Service Needs 50.6% Infrastructure Renewal - Sanitary 12.9% 282 Infrastructure Renewal - Water 24.6% fitment MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Isfl rig of lDDrop see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks IS1 has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Ir o fty assNgniments are sWbject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Share Share Allison Street Milford Road to Francis Street Renew approx. 105m of 300mm T.C. sanitary_ 0 100,000 sewer, including design and construction management services Bridge Street Atlantic Towing location to Spar Renew approx. 500m of 225mm, 300mm, and 0 400,000 Cove Road, including 450mm sanitary sewer, including design and Hammond Street construction management services Cedar Street Cedar Street (Saint John Power Renew approx. 100m of 750mm and install 0 260,000 Boat Club) to Kennedy Street approx. 200m of new 300mm sanitary sewer, easement acquisition, including design and construction management services Celebration Street Stanley Street to end Renew 100 m of 300 mm sanitary sewer, 0 95,000 including design and construction management services Cheslev_ Drive (PDH X100) - Bentlev Street to Renew approx. 120m of 300mm sanitary sewer, 0 135,000 Reversing Falls Bridge including design and construction management services Combined Sewer South End A strategy prioritizing the separation of 0 400,000 Separation Reduction combined sanitary and storm sewers for the Strategy_ - South Southend and providing an estimate for budget purposes. One of the deliverables would be maps showing all existing sewers (storm, sanitar y and combined) with proposed new sewers for separation. Elgin Street Victoria Street to Main Street Renew approx. 95m of 375mm (1899) with 0 100,000 new 250mm sanitary sewer, including design and construction management services Jean Street Loch Lomond Road to Renew approx. 210m of 200mm T.C. (1926 & 0 170,000 Courtenav_ Avenue 1941) sanitary sewer, including design and construction management services Kennedy Street Main Street to end Renew approx. 80m of 200mm T.C. (1893) 0 75,000 sanitary sewer, including design and construction management services Main Street Through site of old Forum Renew approx. 85m of 600mm T.C. (1926) 0 120,000 with new 375mm sanitary sewer, easement acquisition, including design and construction management services Milford Road Civic w 101 to end of road Renew approx. 115m of 200mm and 180m of 0 305,000 300mm sanitary sewer, easement acquisition, including design and construction management services 283 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Isfl rig of lDDropC see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks ISI has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Ir o fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Prince William Street Princess Street to Duke Street Renew approx. 130m of existing 225mm and 300mm T.C. and cone. sanitary sewer, including design and construction management services Other Utility Share Share 0 110.000 Riverview Drive Algonquin Place to Civic w 193 Install approx. 260m of new 200mm sanitary 0 205,000 sewer for separation, including design and construction management services Russell Hill Road Balmoral Crescent to Green Install approx. 290 m of new 200 mm sanitary_ 0 240,000 Head Road sewer, including design and construction management services Saint Clair Avenue Balmoral Crescent to Greenhead Renew approx. 210m of 200mm sanitary sewer, 0 190,000 Road including design and construction management services Saint John West Sanitary Milford Dominion Park area Improvements to the sanitary system in the area 0 100,000 Sewer Infiltration Study_ to correct around eater ! storm flow infiltration based on the previous study, including design services Sustainable Energy_ Pumping stations, Screw pump replacement, HVAC and high 0 225,000 Management Lancaster,Market Place, efficiency pump upgrades Simpson Drive, Westgate Drive, Churchill Blvd and Kennebeeasis Drive TOTAL: L0 $3,230,000 284 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Isfl g of lDDrop see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks ISI has not Deer approved l Did CCmIinio n CCunc 1. C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Ir o fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Allison Street Location Description Milford Road to Francis Street Renew approx. 105m of 150mm C.I. with new 200mm watermain, including design and construction management services Other Utility Share Share 90.000 Bridge Street Atlantic Towing location to Spar Renew approx. 560m of 150mm and 200mm 0 440,000 Cove Road, including C.I. with 200mm watermain, including design Hammond Street and construction management services Cedar Street Cedar Street (Saint John Power Install approx. 200m of new 200mm watermain 0 210,000 Boat Club) to Kennedy Street to eliminate dead -ends; easement acquisition, including design and construction management services Celebration Street Stanley Street to end Renew 100 m of 300 mm watermain, including 0 95,000 design and construction management services Cheslev_ Drive (PDH -`100) - Bentlev Street to Reversing Falls Bridge Elgin Street Victoria Street to Main Street Frederick Street Rothesay Avenue to end Renew approx. 625m of 200mm and 300mm 0 620,000 C.I. with new 300mm watermain, including design and construction management services Renew approx. 155m of 200mm and 300mm 0 165,000 C.I. watermain, including design and construction management services Renew approx. 170m of 150mm C.I. with new 0 130,000 200mm watermain, including design and construction management services Jean Street Loch Lomond Road to Renew approx. 240m of 150mm and 200mm 0 190,000 Courtenav_ Avenue C.I. (1926 & 1935) with new 200mm watermain, including design and construction management services Kennedy_ Street Main Street to end Renew approx. 265m of 150mm and 200mm 0 235,000 C.I. (1924) with new 200mm watermain, including design and construction management services Milford Road Civic 101 to end of road Renew approx. 225m of 150mm C.I. and PVC 0 195,000 with new 200mm watermain, including design and construction management services Newman Street Albert Street to Rotary Court Install approx. 155m of new 200mm watermain 0 160,000 to eliminate two dead ends and improve water quality in the area, including design and construction management services Prince William Street Princess Street to Duke Street Renew approx. 170m of existing 300mm C.I. 0 135,000 watermain, including design and construction management services 285 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Isfl g of lDDropC see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks ISI has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Ir o fty assNgniments are sWbject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Riverview Drive Location Description Algonquin Place to Civic -`193 Renew approx. 260m of 150mm C.I. with new 200mm watermain, including design and construction management services Russell Hill Road Balmoral Crescent to Green Head Road Saint Clair Avenue Balmoral Crescent to Greenhead Road Other Utility Share Share 0 205,000 Install approx. 410 m of new 200 mm 0 325,000 watermain to eliminate long services from behind properties, including design and construction management services Renew approx. 210m of 150mm with new 0 365,000 200mm, and install approx. 200m of new 200mm watermain to eliminate dead end, easement acquisition, including design and construction management services Seaton Street Rothesav Avenue to end Renew approx. 120m of 150mm C.I. with new 200mm watermain, including 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 TOTAL: 286 0 95,000 0 2,500,000 $0 $6,155,000 Project Location Description * Gault Road Gault Road area Construction of Lift Station =34 at Monte Cristo Park and Forcemain Collector System, including construction management services * Indiantown Hiahland Road; Robertson Construction of Lift Stations =21 at Hiahland Square; Rowan Place Road, =23 at Robertson Square, & =24 at Rowan Place, and Forcemain.!Collector Systems, including construction management services * Riverview Driv e ! Mill Riverview Drive Mill Street area Construction of Lift Stations =28 and =29 at Street Riverview Drive, X30 at Riverview Avenue West, & =31 at Mill Street, and Forcemain.!Collector Systems, including construction management services 287 Other Utility Share Share 540,000 270,000 980,000 490,000 2,820,000 1,410,000 TOTAL: $4,340,000 $2,170,000 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Isfl rig of lDDropC see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks ISI has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Ir o fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS ,L1 Project Location Description Other Utility and intakes and forebay including upgrades to Share Share Golden Grove Road Golden Grove Road Construction of new Golden Grove Road 0 950,000 Boosted Zone Phinney Hill pumping station including construction Design services for construction of three 368,000 182,000 Transmission Mains Heights pump station management services. Reversing Falls Bridge Lakewood Heights Lakewood Heights pumping Installation of three watermains, approx 3000m 3,520,000 1,760,000 Transmission Mains station to Sandbank Hill each in length, including construction reconfiguration of the water distribution management services. Phase 1 of 3 system, including construction management Lakewood Heights Lakewood Heights pumping Design services for Phase 2 for installation of 320,000 160,000 Transmission Mains station to Sandbank Hill three watermains, approx 3000m each in length. Saint John Throughway Fairville Boulevard crossing Lancaster Avenue Main Prince Street to Church Avenue Clean and line approx. 1300m of existing 0 890,000 Street West 600mm watermain proposed as part of the reconfiguration of the water distribution system, including construction management services Latimer Lake Intakes ! Latimer Lake Construction of screen house, upgrade at dam 3,200,000 1,600,000 Screen House and intakes and forebay including upgrades to Latimer Lake dams. Phase 2 of 2, including construction management services. Phinney Hill Phinney Hill to Lakewood Design services for construction of three 368,000 182,000 Transmission Mains Heights pump station watermains Reversing Falls Bridge Reversing Falls Bridge Renew existing 475mm watermain with two 3,500,000 0 new 500mm watermains proposed as part of the reconfiguration of the water distribution system, including construction management services. Project proposed to be funded by Federal Gas Tax revenue. Saint John Throughway Fairville Boulevard crossing Structural lining of 700m of 300mm dia. 0 690,000 Transmission Main Watermain including construction management services Storage Tank East Forest Hills Design services for construction of additional 400,000 0 storage tank. Project proposed to be funded by Federal Gas Tax revenue. * Water Treatment Spruce Lake Construction of new Water Treatment Facilities 11667.000 6,333,000 to treat potable water supply for City in accordance with Water Strategy (modified Option 213), including construction management services - Phase I 288 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram III sfing of lDDrop see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks I IISI "1 S not Deer approved l Did Com liniion Councfl, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR 'Ho fty assNgniments are subject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS ,L1 Project Location Description Other Utility Share Share West Raw Water Spruce Lake to Irving Pulp and Inspect Nvest raw water 1500mm dia. 220,000 110,000 Transmission Main Paper Transmission main including raw water intake at Spruce Lake during IPP shut down. Phase 2 of 2, including design and construction manaement sefvices. TOTAL: $24,195,000 $12,675,000 289 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tent five Drogram III sfing of lDDrop see C i"ftai lDrojec S. w &s: WATER AND SEWER RELATED PROJECTS Ks I st "1 S not Deer approved l Did CCmIinio n CCunc 1. C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR 'Ho fty assNgniments are subject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Share Share Watersheds Loch Lomond Watershed Land acquisition for watershed protection (as 0 200,000 required) Watersheds To Be Determined Structural rehabilitation of dam. including 0 400.000 design and construction management services. Watersheds Various locations Construction of facilities to protect watersheds 0 200.000 from runoff from highway hazards, including design and construction management services TOTAL: $0 $800,000 290 For 20 12 Category No. of Other Utility Total Projects Share Share Infrastructure Renewal - Sanitary 19 $0 $4,920,000 $4,920,000 Infrastructure Renewal - Water 22 $0 $4,095,000 $4,095,000 Water Service Needs 9 $45,195,000 $18,025,000 $63,220,000 Watershed Protection 3 $0 $800,000 $800,000 TOTALS: 53 $45,195,000 $27,840,000 $73,035,000 Infrastructure Renewal - Sanitary 17.7% Water Service Needs 64.7% 291 Infrastructure Renewal - Water 14.7% MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram III sfing of lDDropC see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks I st has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR 'Ho fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Infrastructure Renewal - Sanitar Project Location Description Other Utility Share Share Adelaide Street Between Victoria Street and Renew approx. 125m of 300mm sanitary sewer, 0 130,000 Newman's Brook including design and construction management services Broad Street Between Charlotte Street and Sydney Street City Line Charlotte Street West to Guilford Street Renew approx. 85m of deteriorated 375mm 0 80,000 T.C. and 450mm sanitary sewer, including design and construction management services Renew approx. 210m of existing 225mm T.C. 0 220,000 with new 200mm sanitary sewer, including design and construction management services Combined Sewer West side A strategy prioritizing the separation of 0 400,000 Separation Strategy_ - combined sanitary and storm sewers for the West Westside 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. Creighton Avenue Civic X64 to lift station location Renew approx. >jm of 200mm sanitary sewer 0 45,000 due to heavy root infiltration, including design and construction management services Edward Avenue Lancaster Avenue to end Renew approx. 220m of 150mm and 200mm 0 170,000 T.C. with new 200mm sanitary sewer, including design and construction management services Ellerdale Street Civic X506 to Westmorland Road Renew approx. 200m and install approx. 65m 0 260,000 of new 200mm sanitary sewer in conjunction with street reconstruction, including design and construction management services Fegan Court Wellesley_ Avenue to dead -end Renew 75 m of 300 mm sanitary sewer, 0 60,000 including design and construction management services First Avenue Civic X955 to Civic ­1036 Renew approx. 90m of existing 200mm T.C. 0 145,000 and install approx. 75m of new 200mm sanitary sewer, easement acquisition, including design and construction management services Magazine Street Metcalf Street to Webster Street Renew approx. 130m of deteriorated 200mm 0 110,000 sanitary sewer, including design and construction management services Queen Square North Charlotte Street to Sydney Street Renew approx. 92m of 225mm T.C. with new 0 85,000 200mm sanitary sewer, including design and construction management services 292 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tent fve Drogram Hsfing of lDDrop see C i"ftaf projects. w &s: WATER AND SEWER RELATED PROJECTS Ks I st "1 S not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR 'Ho fty assNgniments are subject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Infrastructure Renewal - Sanitar Project Location Description Other Utility Share Share Summit Drive Civic w 176 to Civic X254 Renew 220 m of 200 mm sanitary sewer, 0 165,000 including design and construction management services Sydney Street Broad Street to Britain Street Virginia Street Mount Pleasant Avenue East to end at Loch Lomond Shopping Centre parking lot Renew approx. 45m of 225mm T.C. (1888) 0 40,000 with new 200mm sanitary sewer, including design and construction management services Renew approx. 180m of 200mm T.C. and 0 160,000 Cone. sanitary sewer, including design and construction management services Wastewater Treatment Greenwood Subdivision Install 2 sanitary lift stations and approx. 0 2220,000 Facilities - Local Wastewater Treatment Facility_ 3500m of associated sanitary collector sewer foreemain system to eliminate the existing wastewater treatment facility, including design and construction management services Waterloo Street Haymarket Square to Castle Renew approx. 330m of 300mm and 375mm 0 285,000 Street T.C.sanitary sewer (1869), including design and construction management services Waterloo Street Richmond Street to Civic X142 Renew approx. 95m of 300mm T.C. (1870) 0 85,000 sanitary sewer, including design and construction management services Wentworth Street King Street East to Orange Street Renew approx. 105m of 150mm and 300mm 0 95,000 T.C. with new 200mm sanitary sewer, including design and construction management services Westmorland Road McLaughlin Crescent to Loch Renew approx. 195m of 200mm & 225mm 0 165,000 Lomond Road T.C. with 250mm sanitary sewer, including design and construction management services TOTAL: $00 $4,920,000 293 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram III sfing of lDDrop see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks I IISI has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR 'Ho fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Share Share Adelaide Street Between Victoria Street and Renew approx. 125m of 250mm C.I. 0 120,000 Newman's Brook watermain, including design and construction management services Alvic Place Alvic Place cul -de -sac to Gault Install approx. 230m of new 200mm watermain 0 210,000 Road to eliminate dead -end, easement acquisition, including design and construction management services Broad Street Between Charlotte Street and Renew approx. 60m of 150mm with 200mm 0 55,000 Sydney Street watermain, including design and construction management services City_ Line Charlotte Street West to Renew approx. 260m of 100mm with new 0 305,000 Guilford Street 200mm watermain and install approx. 40m of new 200mm watermain to loop system and eliminate two dead ends, including design and construction management services Earle Avenue Between Earle Avenue dead -end Install approx. 105m of new 200mm watermain 0 95,000 and Lewin Park from Earle Avenue to Lewin Park to eliminate dead -end of Lewin Park watermain, including design and construction management services Edward Avenue Lancaster Avenue to end, end of Renew approx. 185m of 150mm C.I. with new 0 210,000 Edward Avenue to end of Earle 200mm watermain; install approx. 75m of new Avenue 200mm watermain to loop end of Edward Avenue to end of Earle Avenue, easement acquisition, including design and construction management services Ellerdale Street Civic X506 to Westmorland Road Renew approx. 200m of 400mm Hyprescon 0 220,000 Transmission Main in conjunction with street reconstruction, including design and construction management services Fegan Court Wellesley Avenue to Crerar Renew 75 m of 150 mm with 200 mm 0 115,000 Court watermain and extend with 60 m of 200 mm watermain to connect to dead -end of Crerar Court, easement acquisition, including design and construction management services First Avenue First Street West to end, Renew approx. 180m of 150mm C.I. with new 0 135,000 including First Street West from 200mm and 300mm watermain, including First Avenue to Manawagonish design and construction management services Road Magazine Street Metcalf Street to Webster Street Renew approx. 130m of 200mm C.I. (1959) 0 110,000 watermain, including design and construction management services 294 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Hsfing of lDDropC see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks I st has not Deer approved l Did CCmIinio n CCunc 1, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR 'Ho fty assNgniments are u!J ject to change ge i any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Queen Square North Spruce Lake Tank Location Description Charlotte Street to Sydney Street Renew approx. 137m of 150mm with new 200 mm watermain, including design and construction management services Spruce Lake Industrial Park Demolition of existing tank landscaping, including design and construction management services Other Utility Share Share 80.000 Summit Drive Civic w 176 to Civic X254 Renew 220 m of 150 mm C.I. with new 200 0 165,000 mm watermain, including design and construction management services Sustainable Energy Musquash water pumping Motor replacement and pump station HVAC 0 325,000 Management station and various pump stations upgrades Sydney Street Broad Street to Britain Street Transmission Mains East Various locations Virginia Street Mount Pleasant Avenue East to end at Loch Lomond Shopping Centre parking lot Renew approx. 90m of 200mm C.I. (1922) 0 75,000 watermain, including design and construction management services Rehabilitation of existing vaults, valves and 0 450,000 appurtenances on 600mm and 900mm transmission mains, including design and construction management services Renew approx. 225m of 150mm C.I. with new 0 210,000 250mm watermain, ineludina design and construction management services Waterloo Street Haymarket Square to Castle Renew approx. 330m of 300mm C.I. watermain 0 285,000 Street (1856), including design and construction management services Waterloo Street Richmond Street to Civic X142 Renew approx. 100m of 300mm C.I. 0 90,000 watermain, including design and construction management services Watermain Cleaning and Various locations Cleaning and lining of existing unlined C.I. 0 500,000 Linina watermains to improve pressure, water quality, and fire flows in the area Wentworth Street Kina Street East to Oranae Street Renew approx. 155m of 150mm and 300mm 0 135,000 with new 200mm and 300mm watermain, including design and construction management services Westmorland Road McLaughlin Crescent to Renew approx. 120m of 150mm C.I. with new 0 95,000 Woodlawn School 200mm watermain, including design and construction management services 295 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tent five Drogram III sfing of lDDrop see C pfta� projects. w &s: WATER AND SEWER RELATED PROJECTS Ks I st "1 S not Deer approved l Did Com liniion Councfl, C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR 'Ho fty assNgniments are subject to change ge t any $VIme, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Share Share TOTAL: $0 $4,095,000 296 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tenta ve Drogram Isfl rig of lDDropC see C i"ftai projects. w &s: WATER AND SEWER RELATED PROJECTS Ks ISI has not Deer approved l Did CCmIinio n CCunc 1. C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR Ir o fty assNgniments are u!J ject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Lakewood Heights Transmission Mains L1 Location Lakwood Heights pumping station to Sandbank Hill Description Other Share Installation of three watermains, approx 3000m 3.687.000 each in length, including construction management services Phase 2 of 3 Utility Share 1.843.000 Lakewood Heights Lakwood Heights pumping Design services for Phase 3 for installation of 333.000 167.000 Transmission Mains station to Sandbank Hill three watermains, approx 3000m each in length. Phinnev Hill Phinnev Hill to Lakewood Installation of three watermains including 4.213.000 2.107.000 Transmission Mains Heights pump station construction management services. Phase I of 3 Phinnev Hill Phinnev Hill to Lakewood Design services for three 300mm dia. 387.000 193.000 Transmission Mains Heights pump station Watermains. Phase 2 of 3 Pipeline Road West Spruce Lake to Gault Road Design services for cleaning and lining of 200,000 100,000 approx. 3400m of existing 600mm Transmission Main proposed as part of the reconfiguration of the water distribution system. Sandbank Hill Sandbank Hill to One Mile Design services for installation of 2600m of 265.000 135.000 Transmission Main House 600mm dia. (or smaller) watermain Storage Tank Forest Hills Installation of additional water storage tank 4,650,000 0 including construction management services * Water Treatment Spruce Lake and Eastern System Construction of new Water Treatment Facilities 30.833.000 13,167,000 to treat potable water supply for City in accordance with Water Strategy (modified Option 213), including construction management services - Phase 11 West Raw Water Spruce Lake to Irving Pulp and Upgrade of existing 1500mm water 627,000 313,000 Transmission Main Paper transmission main and chambers, including construction management services TOTAL: $45,195,000 $18,025,000 297 MDH: MUNICIPAL DESIGNATED HIGHWAYS PDH: PROVINCIALLY DESIGNATED HIGHWAYS RDH: REGIONALLY DESIGNATED HIGHWAYS Ks IS a tent five Drogram III sfing of lDDrop see C i"ftai lDrojec S. w &s: WATER AND SEWER RELATED PROJECTS Ks I st "1 S not Deer approved l Did CCmIinio n CCunc 1. C - ": PROJECTS CARRIED OVER FOR COMPLETION THE FOLLOWING YEAR 'Ho fty assNgniments are subject to change ge t any $VIIlie, `: PROJECTS DEPENDANT ON FUNDING FROM OTHERS Project Location Description Other Utility Share Share Watersheds Loch Lomond Watershed Land acquisition for watershed protection (as 0 200,000 required) Watersheds To Be Determined Structural rehabilitation of dam. including 0 400.000 design and construction management services Watersheds Various locations Construction of facilities to protect watersheds 0 200.000 from runoff from highway hazards, including design and construction management services TOTAL: $0 $800,000 298 January 16th, 2009 Common Council of The City of Saint John Your Worship and Councillors: Re; Deloitte & Touche LLP Consulting Contract — Peel Plaza Project Common Council at its meeting of January 12th, 2009, received a report and presentation from Deloitte & Touche LLP regarding Phase 1 of the advisory services of the Peel Plaza Project. This Phase 1 related to the evaluation and recommendation of a business case and procurement models. Common Council adopted the following resolution: "Resolved that Council adopt recommendations 1 through 7 as set out in the submitted report by Gianni Ciufo, Chris Loreto and Joseph Yu from Deloitte and Touche and further that Deloitte and Touche LLP be engaged for the second and third phases of the project at a cost of $ 317,839.00 as per their submitted proposal." A consulting contract was executed between the City and Deloitte on October 20th, 2008 with respect to Phase 1 of the procurement process. Now that this phase is completed and Council desires Deloitte to continue with the procurement process, it is necessary as we noted at the January 12th, 2009 Council meeting, that the consulting contract be amended in order to include Phases 2 and 3, upon the terms set out in the attached amended contract. Accordingly, we would recommend that the following resolution be adopted by Common Council in order to amend the Original Contract with the appropriate terms and conditions. RESOLVED that the Mayor and Common Clerk are hereby authorized to execute the amending contract between The City of Saint John and Deloitte Touche LLP, the text of which accompanies the City Solicitor's correspondence in this matter to Council, which is dated January 16`h, 2009. G---4a ._._ ............................................................................................. . ......... .___ —__ --- . .. ------ ------ ---------------------------------- SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 40 I www.saintjohn.ca I C.I. 1971 Saint John, N, -B. Canada E2L 4L1 299 Common Council January 16`h, 2009 Re: Deloitte & Touche LLP — Peel Plaza Project Respectfully Submitted, Joh1 Nugent City Solicitor Attachment Respectfully Submitted, 300 City solicitor Page 2 This AMENDED CONSULTING CONTRACT made in triplicate this day of January, 2009. I A A V171 -4 211,14111 THE CITY OF SAINT JOHN, having its offices at the City Hall Building at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter called the "City", EAHIOGMEK220 DELOITTE & TOUCHE LLP, a partnership incorporated under the laws of the Province of New Brunswick, having its office located at Toronto, and Province of Ontario, hereinafter referred to as the "Consultant", OF THE SECOND PART. WHEREAS, by a Consulting Contract dated October 20th, 2008 (the "Original Contract"), the City and the Consultant entered into a contract relating to the advisory services for Phase 1 concerning the evaluation and recommendation of business case and procurement models with respect to the Peel Plaza Project; WHEREAS, the City and the Consultant wish to amend the Original Contract in accordance with the terms and conditions hereof-, WHEREAS, this Amended Consulting Contract relates strictly to the advisory services relating to Phase 2 concerning the commencement of the procurement process and it also relates to Phase 3 concerning the negotiations and financial close, although, Phase 3 will commence upon receipt of appropriate approval from Common Council; 301 -2- WHEREAS, Common Council on January 12th, 2009, resolved that: (a) Council adopt recommendations 1 through 7 as set out in the submitted report by Gianni Ciufo, Chris Loreto and Joseph Yu from Deloitte and Touche and further that Deloitte and Touche LLP be engaged for the second and third phases of the project at a cost of $ 317,839.00 as per their submitted proposal. NOW THEREFORE THIS AMENDED CONSULTING CONTRACT WITNESSES THAT in consideration of the mutual covenants and agreements herein and subject to the terms and conditions set out in this Amended Contract, the parties agree as follows: 1. The parties agree that the recitals aforementioned are true and correct in all material aspects. 2. The parties agree that the Original Contract is hereby modified and amended as follows. a. The 3rd recital is amended as follows: "WHEREAS, the purpose of this Contract is for the advisory services of the Peel Plaza Project and relates to Phase 1 and Phase 2 concerning the evaluation and recommendation of business case and procurement models and the commencement of the procurement process, and Phase 3 regarding the negotiations and financial close will be completed upon receipt of the appropriate approval from Common Council. b. Schedule 1 — Schedule of Terms and Reference, Fees and Supplementary Provisions is amended as per the attached Schedule; 3. The parties hereby confirm that all other terms and conditions of the Original Contract are in full force and effect, unamended, except as expressly provided in this Amended Contract. 4. This Amended Contract may be executed in one or more counterparts, each of which when so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument. 302 5, Any notice under this Amended Contract shall be sufficiently given by personal delivery or by registered letter, postage prepaid, mailed in a Canadian post office and prepaid courier, addressed, in the case of notice to the City Representative to J. Patrick Woods, Deputy City Manager, 15 Market Square, P.O. Box 1971, Saint John, New Brunswick, E21- 41-1, Telephone: 506-649-6029, Fax: 506-658-2802 and in the case of the Consultant Representative to Gianni Ciufo, Deloitte & Touche LLP, 181 Bay Street, Brookfield Place, Suite 1400, Toronto, Ontario, M5J 2VI, Telephone: 416-775-7443, Fax: 416-601-6690 or to any other address as may be designated in writing by the parties and the date of receipt of any notice by mailing shall be deemed conclusively to be five (5) days after the mailing. IN WITNESS WHEREOF Deloitte & Touche LLP has caused this Contract to be executed in its partnership name, and on its behalf, by its Partner, and The City of Saint John has caused this Contract to be executed in its corporate name in the manner prescribed by the Municipalities Act, R.S.N.B, 1973, c. M-22, and amendments thereto. SIGNED, SEALED & DELIVERED In the presence of: Deloitte & Touche LLP Per: Gianni Ciufo, Partner I have authority to bind the Consultant THE CITY OF SAINT JOHN Ivan Court, Mayor Elizabeth A. Gormley, Common Clerk Common Council Resolution: January 12 Lh 2009 303 a I 001yj I k 11 Isill MI a rel 10 FUTIMS-1 I, GIANNI ClUFO, of the City of Toronto and Province of Ontario, MAKE OATH AND SAY: I. That I am a Partner of Deloitte & Touche LLP, a Consultant named in the foregoing instrument and have custody of the corporate seal of the said partnership and am duly authorized to make this affidavit. 2. That the corporate seal affixed to the foregoing contract and purporting to be the corporate seal of Deloitte & Touche LLP, is the corporate seal of Deloitte & Touche LLP, a Consultant named in the foregoing instrument and it was affixed by the officers authorized to so affix the seal. 3. That the signature of "Gianni Ciufo", is my signature, and as Partner of Deloitte & Touche LLP, I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Toronto in the Province of Ontario on the day of January, 2009. SWORN TO before me at Toronto, in the Province of Ontario the day of January, 2009. Gianni Ciufo, Partner 304 - 5 - Rills] 01 a a 1:1 1:511"11 F-M-73 Ell.-TOIT51 11 M iq Notwithstanding anything else in this Amended Contract, the total amount payable to the Consultant under this Amended Contract shall not exceed $317,839.00 [in Canadian Dollars]. Terms of Reference/Deliverables PHASE 2: COMMENCEMENT OF THE PROCUREMENT PROCESS 2.1 Phase 2 will commence when the City (and the Province, if applicable) have confirmed sufficient funding for the Project and will end with the selection of a Successful Bidder for the implementation of the Project. The exact steps will depend on the nature of the procurement but will include assisting in the implementation of the recommended delivery model. 2.2 The scope of Phase 2 includes assisting in the preparation of the Request for Qualifications ("Project RFQ") and Request for Proposals ("Project RFP") for Bidders to implement the Project and the evaluation of the responses to the Project RFQ and Project RFP leading to the selection of a Successful Bidder. This work will be undertaken by the Steering Committee (subject to review by the City Solicitor and City Purchasing Agent) and with input and assistance from the Consultant as required. The specific tasks required from the Consultant as part of this phase include, but are not necessarily limited to, the following: 0 Assist with developing financial evaluation criteria and submission requirements for the Project RFQ and Project RFP; 0 Assist with market sounding and discussions with potential Bidders to ensure that the selected procurement process and proposed business project structure result in a competitive process; 0 As required, assist the City's legal advisors in developing a form of concession agreement, specifically with respect to issues relating to, and affecting, the project structure and payment mechanism; a Review of each Bidder's financial model and provide any commentary on discrepancies with the Project Model; 305 -6- Assist with the financial evaluation of Bidders' Project RFQ and Project RFP submissions; Assist with promoting the Project to rating agencies and, if required, work with rating agencies to conduct a preliminary credit rating of the Project; and Assist and advise the City in negotiations with Bidders during the Project RFP process, PHASE 3: NEGOTIATIONS AND FINANCIAL CLOSE 3.1 Phase 3 will commence with completion of Phase 2 and the selection of a Successful Bidder to implement the Project. 3.2 The scope of this phase includes all aspects associated with the contract negotiations with the Successful Bidder up to financial close. 3.3 Specific tasks required as part of this phase include, but are not necessarily limited to, the following: Review of the model audit of the Successful Bidder's financial model; Assist and advise the City and its legal advisors in the final negotiation of the concession agreement; and Prepare, in conjunction with City staff, a VF M report in respect of the Project for publication. 306 "osts mcl Re.j.- We hereby offer La Provide to dW City of Saint John, all services, [about and materials and costs -set out in Appendix D: Term,,, of Reference of [h ;*008-092203P with the f0flowing fixed price of $439,826-00 CAD for the three (3) phases of the Project as outilned below: (S) 000itte & TOUdie LU and affiffaLd entries. Proposal to the city bf Fahit Jahn - 0 GOET-0922,03? 307 i "k #*b 1 f 4 19iNt $5 PHASE 11 -COMMENCEMENT OF THE PROCUREMENT P.1 A A" 4. PROCESS AW i kk Name Per Diem Total Fee- Days Total F Gionril Gvfo 1. 10,550 26.1 S 3,403 $ B8,822 30,3 $ 10: Micheal Cautillo 16.4 $ 3,403 $ 55,811 d V'I- 1 %403 17 AL SE Remo Bucrj 8.,.7 jr $ 23 20 S Z681 $ 7,373 P _, "r J,.g 61"' -V Z%131 12A 3, Jason Rutland 1%494' 25.1 $ 2,269 $ 56,946 ��2r:L§ t $L '- - 38.1 Bf Cilds Loreto 2��Eq_ '4� 2A 5,312� 20.9 $ 2,269 f, 47,303 7 g8b 23.2 S Jennifer QUJiIn $ 5,5 $ 2,269 $ 12,478 If 2,Z69 6.5 Senior 17A 2.7,6 t-2 $1.6 $ 1,547 $ 18,376 O."'Q '�$­ $�­ ' 1 967' 30.2 S Junior - b7' " 7 Ztr q 23�5 $ 7 $ 16964 722 qw, 4: 7 Our fees as quukLd do not include effort r,equired for legal, engineering, fariliti", or other sinniflar technical advisors, Thvy wfll be engaged oil needed basis with alf expenses subject to prior approval by the City of Saint John. it, The terms and conditions whereby a variation in the fixed fee would be requested is comprised either by a (i) change in Scope Corripired to the, of services as set out in Appendix D - Schedule A of thr, RFF document; or (11) or by a rnateNal key project milestones vehich art,. contrciled by the City. delay in tire overall Project period s caius(,,d by dela (S) 000itte & TOUdie LU and affiffaLd entries. Proposal to the city bf Fahit Jahn - 0 GOET-0922,03? 307 January 19, 2009 His Worship Mayor Ivan Court And Councillors Subject: Frequency of Council Meetings Your Worship and Councillors, I have been asked by Council to provide some information and a recommendation on the frequency of Council meetings, and the following addresses the issue. Background With the appointment of P. Woods as Common Clerk in 2003, the Council embarked on a systematic and deliberate approach to advance the professionalism, efficiency and effectiveness of the Clerk's Office. Since then there have been great strides achieved toward this goal, one nf which was the introduction of anevvprocedura|by'|avvvvh|chvvasrequiredundertheK4umidpa|ideoAct.Theby-|uvvaUuwmfora democratic process in a fair, consistent and efficient manner and includes provision for: - meetings tobe properly convened ' items not requiring debate tobe disposed of with one vote - Council members to make brief announcements Public delegations to make presentations Public hearings and legislative roles tubeperformed ' Council members to address community concerns ' Reports from City officials, agencies, boards and commissions and the public tnbeconsidered - Speaking time limited to 2 rounds of 3 minutes each. Analysis It is the case that meetings have a tendency to run over the time limit especially during initial months following the establishment of a new Council, and during budget deliberations. There are some actions listed below that can be taken to improve the efficiency of meetings, however not always easy to 0; '�m enL SAINT JOHN PO. Box l971 Saint John, N13 [mnudm E2L40 |vvwxwsaindohn.ca | C.Pl97l Saint John, N.-B.Canada E2L4U - Recognize and respect the Chair as controller of the meeting Recognize the Chair as the official spokesperson for Council - for example the Mayor's thank you to presenters could be on behalf of Council - |n reviewing the Council packet, get clarifications bv contacting staff prior bo the meeting - Restrict Council members' conversation with presenters to questions only - Restrict repetition nf other Council members' remarks - Strict adherence tothe 3 minute rule - Recognize that it is not a requirement to speak on every agenda item, especially if the Council - Prohibit debate until all relevant information oman issue received Require a summary of questions and summary presentation of Council members' letters Financial and other Implications Each Council meeting has interpretation, translation and meal costs ofapproximately $2,500. The Clerk's office is responsible for ensuring the proper environment and materials for Council to make decisions. Weekly meetings does not allow for appropriate and adequate preparation and review of documentation necessary to ensure accuracy of records which is the foundation upon which the Clerk's office functions. Conclusion Given that the budget process requires separate and exceptional deliberation, and that the individual Council members have some control in shaping the flow of the Council meetings, | believe that the business of Council can be achieved within a reasonable time limit as described in Council's procedural by-law with a bi-weekly schedule. Recommendation That Council approve the submitted revised 2009 Council meeting schedule reflecting regular Council meetings every 2 weeks to include public hearings and other agenda items, and with the provision for a Council and/or committee of the whole meeting as required on the "off Monday". Sincerel Elizabeth Gormley Common Clerk Attachment 6 e E ENTERPRIS 01— SAINT JOHN Mayor Ivan Court and Saint John Common Council City of Saint John P.O. Box 1971 Saint John, NB EA 4LI 14" January, 2009 Dear Mayor Court and Members of Common Council, You have requested that we provide you with an update with respect to the projected impacts on the City of Saint John as a result of the large-scale capital projects underway and planned for our region. Background As you are aware, to effectively prepare the Community to optimize the opportunities and address any challenges related to these projects, Enterprise Saint John, together with municipal, provincial and federal partners and the private sector, initiated the Benefits Blueprint Initiative in 2007. Through this project, we were able to retain a team of economists, planners, housing specialists, social scientists, engineers and financial experts from across North America, all with experience in assisting communities with managing transformationa kscale investment. They studied seven focus areas, including social and community, training and education, workforce, housing, business and economy, arts and culture and infrastructure. In addition, an expenditure and tax revenue model was developed to forecast direct, indirect and induced expenditures and the resulting estimated tax revenue generated by each level of government over a ten year period. This $750,000 project, while facilitated by Enterprise Saint John, was made possible by funding partners; the Federal government through ACOA, the Province of New Brunswick and the private sector (Irving Oil), It was closely managed by a stakeholder steering committee that included the City Manager Terry Totten and the former Commissioner of Planning Jim Baird. The findings and recommendations were released in April 2008 (copy of Executive Summary attached, with more detailed documentation available at www.benefitsblueprint.org). The report and its recommendations were immediately endorsed by Federal Minister Greg Thompson and Premier Graham. Mau 2008 — January 2009 One of the key recommendations of the report outlined the importance of the establishment of a Program Management Office (PMO) to continue to refine the project and coordinate its implementation. Grand Bay-Westfield * Quispamsis e Rothesay * St. Martins * Saint John 310 ENTERPRISE SAINT JOHN .......... . There has been significant progress over the past six months: 1. Enterprise Saint John has been working with the Federal and Provincial governments and the private sector to secure three-year funding commitments to support the Program Management Office. Ross Jefferson of Jefferson Consulting has been retained to playa leadership role in the PMO, 2, In the fall of 2008, Premier Graham announced that the Province's senior civil servant, David Ferguson, was being assigned to work with the Premier and, Minister Jack KGeir to ensure that the Province was positioned to respond and implement the components of the Blueprint within their jurisdiction. 3. ACOA has taken a leadership role, working very closely with other Federal and Provincial departments and agencies to implement the Supply Chain initiative. 4. Enterprise Saint John has established a team to lead the Workforce Expansion Initiative. 5. In December, Premier Graham was in town to announce Provincial support to Vibrant Communities as port of the Priority Neighbourhoods Initiative, 6. The Federal, Provincial and Municipal governments have recently announced support for several affordable housing projects. Next Steps and Recommendations 1. Finalize the PMO funding and governance structure including the establishment of a working group to advise and manage the project. It will be essential that the City of Saint John appoint a senior member of staff to the Working Group (TIMING: By February 2009) 2. The PMO must develop and implement an integrated communications strategy to ensure that elected officials and other key stakeholders have regular input in to the activities of the project (TIMING: By March, 2009) 3. The consultant team be re-engaged to evaluate the impact on Phase I findings as a result of the recent announcement by Irving Oil Ltd. that the proposed Eider Rock project would be developed in two phases. Initial reaction from the experts is that this A result in an even more positive impact on the community from a number of perspectives, (TIMING: By April 2009) 4. Once updated numbers are available, a financial team including the City's Commissioner of Finance, representatives of the Federal and Provincial finance departments analyze and validate the tax flow figures and estimated infrastructure and other recommended investments. The documentation in Phase indicates that the City of Saint John should have significant new tax revenue to cover operating costs associated with a growing city, it will in no way be in a position to fund much of the required infrastructure and other capital costs. (TIMING: June 2009) Grand Bay-Westfield * Quisparnsis ® Rothesay - St. Martins - Saint John 311 5. Since the completion of Phase 1, a number of potential additional large—scale investment opportunities have been identified. To ensure that as a Community we are positioned ahead of our competition, to continue to attract transformational-scole investment, an -industrial land use plan that identifies land, required road, rail, port and other infrastructure investments must be developed. (TIMING. June 2009) 6. Enterprise Saint John and Benefits Blueprint are available and would be pleased to support and assist Mayor and Council and staff with efforts to secure Federal and Provincial funds. There is a lot of compelling information from Phase 1 to support their investments in water infrastructure, enhancements to the Trade and Convention Centre, and investments in Priority Neighbourhoods as examples, (TIMING: Immediate and ongoing) As many areas of the country are struggling with very challenging economic conditions, the City of Saint John continues to be well - positioned with an unprecedented level of investment activity. The completion of a new Cruise Ship Terminal to support our growing Tourism sector, a new Medical Education program, and significant in-vestments in healthcare infrastructure, a new Community College building co-locoted at the Tucker Park campus with UNB Saint John and the Regional Hospital, a growing information technology sector that has brought the Red Rose Tea Building and Centerbeam Place to life, Irving Oil's planned new world headquarters and complementary public spaces on the waterfront, the Peel Plaza Law Courts, Police Station and complementary developments; not to mention the opening of Station 1, one of the coolest skateboard park facilities in North America, There has been an unprecedented level of investment in housing by both the public sector and the private sector, including not-for-profit and for-profit developments within the City of Saint John, with many new and innovative projects under development for the future. Several years ago, the Mayors and Councils in our region agreed to begin working together to grow the pie rather than fighting over its pieces. It was agreed that we would work together socially, culturally and economically to develop a community that would retain and attract people, ideas and investment — a place where you can truly live Life on Your Terms. With your continued vision, leadership and support, we are well on our way. We look forward to the future and to continuing to work closely with you to achieve our goads. Sincerely, Robert M. (Bob) Manning Chair Enterprise Saint John M Steve Carson CEO Enterprise Saint John Grand Bay-Westfield • Quisparnsis a Rothesay a St. Martins • Saint John 312 BENEFITS BI lJ E P R I Vr ENERGIZING SUSTAINABLE COMMUNITIES 313 Energizing Sustainable Communities This is a period of real change in the bistory of New Brunswick, Growth is happening now It is not just something we are chasing, it is real and it is here. lr;lore gro,,vth looks likely to happen, billions in investment, enough that it may profoundly alter our province's economy' and, potentially, our society 4iajor investments in capital projects are underway, including a new potash mine in Sussex, a Liquefied Natural Gas facility and accompanying pipeline in Saint John and the refurbishment of the NB lower Point 1,epreau Generating Station. There are other major projects being examined, most notably- the potential for a second oil refinery in Saint john and a second nuclear reactor at point Lepreau. If these projects happen, others are bound to followw: This growth is a key step on our journey to a self-sufficient New Brunswick. All told, the confirmed and potential direct: investment may reach $19 billion for these six large scale projects. These projects create other positive effects in the economy as well. Adding in this spin -off activity, the total is even larger, estimated at up to $44 billion rolling through the provincial economy, This investment will lead to extraordinary job creation, both permanent and temporary. The direct, indirect and induced job creation frorn the major capital projects amounts to approximately 33,000 new jobs. This scale of growth represents a once in a lifetime opportunity to create a lasting impact on the lives of all New Brunsww,ickers, bringing with it both significant opportunities and challenges along the wvay. It is our job to mitigate the risks and distribute the benefits. When investment of this scale occurs, "good results" can happen with no planning. "Better results" can happen when a plan is in place, "Best outcomes" happen wvhen a plan is fully executed. The unique opportunity before us is a call to action: we can build a legacy of sustainable, managed growth by ensuring we truly capture "best outcomes." To do so, we must be strategic about our role as a province, as municipalities and as citizens. There is good news in this regard. This growth will deliver a significant boost to municipal, provincial and federal tax coffers. The estimated tax revenue over a ten -year period, due to construction, housing and operations of these large -scale projects, is up to 514.2 billion. On an annual basis, the tax revenue resulting from the operation of these large projects is close to $1 billion. This increase in revenue for all levels of government will give them additional resources to wvork wvith the private sector and communities to implement new programs or improve existing ones, all aimed at providing better services to the people of New Brunswick. We can work at reducing poverty, improving infrastructure and spreading prosperity wvhile simultaneously immproving New Brunswick's long -term economic competitiveness, The ultimate goal is clear: the growth must be about people. We must ensure that everyone, in every part of New Brunswick, benefits. ll,'e can work together to address these opportunities and challenges for the long-term.. ENERGIZING SUSTAINABLE COMMUNITIES (0 314 315 That means taking immediate action to ensure we build capacity in our labour force and improve the productivity and Decade of competitiveness of New Brunswick businesses to ensure the }i l TransTOrma projects have the conditions needed to succeed. Growth Ah ead A kev to all this is continued cooperation between governments, communities and the private sector. Nothing Forecasted. ,.: must be taken for granted. The people of New Brunswick will be supportive of these projects only if it is demonstrated to investment directly related to them that the benefits will reach er- eryone. proposed industry projects: up to l $19 billion if we do this right 133, working together, we can fundamentall}° transform our province, addressing fundamental issues like investment including direct, poverty, population decline and regional economic inequality, indirect, and induced enditures. p issues that have proven almost intractable for decades. The up to $44 billion during the change can be profound. construction phase, plus 16 billion d � the a eratiomal year. Other areas in Canada and abroad have experienced rapid • obs created directly froma ro osed p p growth, not always successfully, and provide valuable lessons. .industry projects. at peak,, close to Fortunately, New Brunswick is not facing a boom and bust scenario. total jobs created throw direct Rather, we are looking at growth similar to the Irish "Celtic and Spit]: -off activity related to Tiger" eNperience, where education was fundamentally proposed industry projects. at peal„ linked to social and economic development; where theti built fiver, infrastructure and institutions as the economy e�;panded, and where the community worked to attract more economic total revenue over a ten-year development as the initial wave unfolded. Our growth period, due to construction and would he similarly steady and planned, setting the stage for first dear operations as Well as generations of opportunity. associated housing industry impacts ptQposed tmdinstry projects. This is all within the realm of the possible, but on])- if we do to $14:2 bill tan. this right. • tax revenue amrtually, based on proposed industry project First Steps S operations dome: close to $1 billion. Different levels of government, community groups and individual citizens have been considering how Kest to plan to achieve a more prosperous future for New Brunswick, The Province of New Brunswick has set. a goal to become self - sufficient by 2026. The Saint John communities, for example, are working together on a Sustainable Communities initiative, and the True Growth initiative. The architecture of growth is being established and tangible actions are already underway. Each is an important part of the overall puzzle, and together they have allowed our blueprint to focus on the areas where gaps exist. Within these important and progressive planning initiates, a BENEFITS BLUEPRINT 315 group of commucury leaders came together two years ago with the understanding that a comprehensive planning process was necessary to leverage the large -scale initiatives that were then in their early stages. Intuition mandated that in order to achieve hest outcomes province.-,vide -- to maximize the benefits and minimize any issues — an integrated planning exercise had to occur in order to get out ahead of the coming change and to set a bold agenda. Three key funding partners came to the table; Irving (Oil Limited (proponent of the potential second oil refinery); the federal government, represented by the Atlantic Canada (Opportunities Agency (ACCOA); and the provincial government, represented by the Department of Energy- The support from these partners was used to retain the services of a global consulting company with experience managing rapid economic growth associated with large projects. Hardy Stevenson and Associates Limited ,,vas selected as the consulting partner to work witb a group of leaders and thinkers from key- sectors across Nely Brunswick to put a blueprint in place to maximize growth. A core "Worlung Group" and a larger Advisory Forum were established. The name for the initiative came easily — Benefits Blueprint. The outcome would be an action plan, a blueprint, to manage a period of transformative growth and energize sustainable communities province i ride. Reaching Best Outcomes The team behind Benefits Blueprint recognized that their mission was to answer some fundamental questions. How do we make growth happen in away that benefits the most people across the province? How do the ensure it helps our most vulnerable and disadvantaged citizens? Flow do we ensure the large projects happen effectively and pave the way for future investment? How, do we ensure that host communities are not negatively impacted by rapid economic growth? Together they, began an intensive research, analysis and planning initiative designed to identifv "best outcomes." ENERGIZING SUSTAINABLE COMMUNITIES) 316 Seven key focus areas Many planning projects fall flat because their recommendations and reports don't create a solid business case that describes who is to do what, when, and at what level of investment. The Working Group knew their 16 business cases needed to form a solid execution plan that would be a call to action. Many of the business cases focus on ensuring opportunities to benefit from this growth are managed so that they are made available: to every= Never Bruns - wicker, while some Focus on responding to the pressures created on the host communities for the projects. Together they fall into seven kev focus areas, each requiring that -ve overcome significant obstacles and rise to meet substantial challenges. Business and economy: The consulting team pointed out the opportunity to take steps to ensure that more investment stays in the province. A core goal is ensuring that economic henefits are distributed province -wide, This will involve supple chain development initiatives and other projects designed to improve productivity and minimize economic leakage outside the province. Workforce expansion: 1inemployment isat historic loses in parts of New Brunswick yet there is a persistent issue of too few people participating in the workforce, particularly for people with lower skill and education levels. The major projects underway or proposed require significant numbers of skilled workers and the spin -offs -will create additional opportunities. We need to address workforce participation, repatriation, out migration, attract more immigrants and ensure that everyone can take advantage of these opportunities. Training and education: in New Bruns -vick, education levels are generally lower than in other provinces. Our training and apprenticeship programs are not 317 aligned with the upcoming projects. We face challenges related to literacy= rates, and mans° of our university graduates and skilled trades people leave the province for lucrative jobs elsewhere. These challenges require immediate, creative remedies tailored to upcoming employment needs. Arts and culture: Arts and culture is a key element in attracting and retaining a skilled, diverse workforce. New Brunswick must build on its heritage to create a more vibrant artistic and cultural community. Housing: In the host communities, housing is already being influenced by economic growth. Rent increases, challenges to find affordable housing, starter homes and executive homes, and an inadequate number of rental properties during peak construction employment all must be addressed. Infrastructure: llost communities like Saint John need to identify, and prioritize infra structure requirements that will ensure an increase in population does not mean people are stuck in traffic, suffer from inadequate -water and sewer services, do not have access to appropriate and timely healthcare services, and do not enjov recreational facilities that round out their quality of life. These items are keys to our success. Corninuriity Interests: Community interests must be represented at every Stage of this period of growth. In Saint John, for example, we need to improve the quality of life for the 25 per cent of citizens who live at, or below, the low-income cut -off. We need to improve and diversifw child care options in the province, We need to find better ways to reach out to the vulnerable: and disadvantaged. At the end of the day, if the most Vulnerable do not see tangible benefits, we have not done our job. BENEFITS BLUEPRINT Research and Analysis The group pulled together a skilled team of consulting professionals from Neww° Brunswick, across Canada and the United States. Research was undertaken to get a full understanding of the upcorninggro-,vth, when it ,,vas going to occur, what its demands would be, and how it would impact the province as a whole. A starting point was the identification of seven key focus areas, helping ensure that no areas of society would be overlooked. The consulting team identified research data that delved deeply into questions relating to quality of life, sustainability, poverty levels, education, housing, workforce trends, immigration patterns and expenditure projections. Nine focus groups,,vere held across the province in both official languages to assess the abilih, of New Brunswick businesses to participate in the projects. The energy and industrial companies forecasting expansion were extremely cooperative, offering project data related to ernployrntnt, project schedules, financial models, and more. This data has allowed the development of employment and population forecasts, housing needs forecasts and the development of a tax revenue / expenditure model that helped the Working Group to understand tax revenue potentially Roving to various levels of government From the projects. The research painted a clear picture of the potential socio-economic benefits and impacts. The next step was using that economic model to brainstorm the actions that needed to be taken to reach best outcomes. A variety of positions were advocated, often passionatel.\, but alvays collaboratively, and collegially with the shared vision of what the outcome needed to be. Soon, .1 consensus emerged and the multitudes of ideas were narrowed do-,,,7n to the 16 deemed the most important, provided opportunities to be leveraged and were the most achievable. Business cases were then prepared For each. The final 16 business cases create a powerful vision for the Future of this province because the), are fully interconnected and interdependent. New immigrants to the province, attracted by workforce expansion initiatives, need high quality healthcare, welcome services and housing options. The health care system needs skilled immigrant workers. Adequate housing is required to attract new health care workers — and so on, It is important for New Brunswickers to ask: what good is growth if our families do not have the opportunity to benefit, or if it comes with some of the negative characteristics that we have seen elsewhere? Whv would we consent to more growth under these terms? These are important questions and are precisely what the Benefits Blueprint is designed to answer, ENERGIZING SUSTAINABLE COMMUNITIES 5 318 BENEFITS BLUEPRINT 319 An Action Plan for Progress Our Blueprint consists of 16 action plans, each of which make detailed recommendations that will generate outcomes to help as address anticipated pressure points to present stress on our existing resources, and allow us to plan for the future, building resources to improve the standard of tieing for all. Each of these action plans is no ,, ready for execution. Several are already moving forward. Each has an identified champion, responsible for implementation. Their progress will be supported by a Projcct - Nianagernent Office that is accountable to all New Bruns�wickers. It will continue to assess the impacts of growth while facilitating the activities required to implement the Benefits Blueprint recommendations. This project i,Ianagernent Office will also report to the public annually during its initial three year mandate. It is anticipated it will be funded by both the private sector and government.. While the recommendations are ambitious, they are %yell within our anticipated means, The major projects underway or proposed will yield new tax revenue, significantly, more than what will be needed to manage the anticipated growth in population. Implementing our Blueprint will require an investment roughly equal to less than one year's tan revenue from the operation and spin -offs related to these projects. It is smart planning and a shrewd investment, one that will deliver a return to each and every Neer Brunswicker. "Missing this grew opportunity and doing nothing will be more expensive than Investing now for the future, - Dave Hardy, Principal, Hardy Stevenson and Associates Limited ENERGIZING SUSTAINABLE COMMUNITIES (7`) 320 Enswing Opportunities tbrror� bout No., Brunsn4cti 1. Supply Chain Development Program A ;Supply Chain Development Program designed to improve New Brunswick businesses' ability to sell products and services to major industrial companies and government infrastructure projects will reduce the flow of money to out -of- province businesses. This initiative will, among other things, identify and publicize purchasing specifications related to the major industrial projects, and better link smaller and medium sized businesses across the province into the supply chains of the large national and international firms. 2. Business Productivity Enhancement Program A Business Productivity Enhancement Program will help local businesses increase their: productivity so that theV, will be able to compete for, and win, the contracts that economic development will bring. This program will help participants analyze their current level of productivity, develop new programs and procedures„ and identify the innovative approaches that will help them become more competitive. 3. Workforce Expansion Initiative A Workforce Expansion Initiative will support the attraction and retention of skilled workers and their families through immigration, repatriation, and increased workforce participation for current residents. A key element of this initiative will be the establishment of a resource centre that will help in welcoming and settling newcomers to Saint John. This initiative supports and enhances the province's population growth efforts. Alatchig Training to Opportunities j'or Nery BuInswick-ers 4. Energy Skills Centre of Excellence An Energy Skills (Ventre of Excellence will develop an appropriately skilled -workforce by crafting a degree, diploma/certificate and licence granting academic program located at UNB Saint John and the New Brunswick Community College (NBCC). The Centre will offer curricula to high school graduates with one rear of general level college or university courses, and industry clients looking to upgrade the skills of specific employees. The Centre will also conduct sector- related research, incubate and spin -off new businesses, attract entrepreneurs, showcase new technology, and develop and test new applications. 5. Construction Skills Training Program A Construction Skills Training Program will extend and strengthen the technical training offered by New Brunswick Community College (,NBCC_) Saint John Campus, and improve capacity — tripling the current number of graduates and attracting more women into the construction trades. The program will upgrade. NBCC infrastructure, retrain and hire instructors, and establish apprenticeship incentive grants and scholarships. BENEFITS BLUEPRINT 321 pleoill ,g Plioni�, Grollps G. Child Care Expansion and Upgrading A pilot initiative to increase the capacity and quality of existing Saint John child care services will result in 3,750 regulated childcare spaces at the end of two years. It will support early years training and provide the family support that existing and nea, residents require. The initiative will result in new caregiver positions, training incentives, physical improvements to facilities, and a pilot project to launch an extended hours day care facilitv. 7. Education for Tomorrow: Support for Secondary School Students By adopting successful approaches being used elsewhere in Canada, the multi-faceted Education for Tomorrow Program is designed to strengthen educational supports f0r at risk secondary school students. It will reach out to youtb in host communities beginning in September 2009. Man), youth, even if they finish secondary school, are Currently at risk of unemployment or underemployment, representing an 'untapped resource' in the community. `Phis initiative includes mentoring and tutoring programs, co-op programs, introduction to career choices and post - secondary bridging workshops, cornputer training, and financial support. 8. Priority Neighbourhood Capacity Building A Neighbourhood Capacity Building Program will give an important boost to programs aimed it decreasing poverty. It will begin in key Saint John neighhourhoods by initiating a wide variety of projects including community safety, skills upgrading, literacy, poverty reduction, and civic engagement. The pilot program will focus on Crescent Valley, the I.,owerand Deep South End, Waterloo Village, the old North End and the 1,0\ver west Side. This initiative has a target of reducing poverty to below the Canadian statistical average over a 10 year period. 9. Develop and Integrate Social Enterprises An initiative to develop and integrate social enterprises — those businesses who hire individuals with disabilities, a criminal history, or other barriers to employment — across Ne\-,, Brunswick {xvirh a particular focus on host communities) will result in the creation of 200 new jobs for the "hard to employ" over the first five years, A Social Purchasing Portal will be developed to integrate these businesses and connect them with mainstream con-ipanies, with the goal of providing products and services at a competitive rate, ENERGIZING SUSTAINABLE COMMUNITIES (9 322 PrMoteair2g the Errflir°onment 10. Environmental Capital Committee An Environmental Capital Strategy will be developed for the region that builds on the existing efforts to protect and enhance the natural environment of the host communities. lt,will result in adopting the very best environmental sustainabilitY practices, increased recreational opportunities for residents and visitors, and an increased level of b.iodiversity and natural beauty. The main focus of this project will be to establish an Environmental Capital task force to develop a far reaching strategy for significantly strengthening sustainable development throughout the region. The outcome will be a variety of projects, such as a plan for a regional trail system. Affi,acting aid Retr irrzrrg 1:71elrud People 11. Signature Maritime Destination T1 e world renowwned architect Frank Gehry designed the Guggenheim Niuseum in Bilbao, Spain. Once opened, the small regional centre became a global destination. This tTright be a grand example, but the identification, selection and development of an iconic cultural landmark for the southwestern region that has both provincial and national significance will attract families and workers to the area. A landmark of this stature will also clearly generate increased business for the area surrounding the development, spin -off revenues from tourism traffic, and improved duality of life for citizens. 12. Cultural Strategy We ,see New Brunswick as a vibrant and creative centre, attracting young entrepreneurs, artists and inventors. The development of a cultural strategy for the host communities will result in increased capacity to deliver cultural content to citizens and tourists alike. The cultural strategv,vill develop a Creative Convergence Centre for arts and culture in Uptown Sa.int,John, craft a planning and governance model to support cultural development .in the area, and increase tourism through the establishment of a flagship festival. 13. Healthcare Capacity Expansion Project Like the arts, a strong healthcare system helps attract and retain in- demand ,vorkers, A Healthcare Capacity Expansion Project will upgrade the physical plant at the SaintJohn Regional Hospital, expand UNB Saint,John's medical and health education program in coordination with Dalhousie iliedical School, expand research and development programming, and implement a health care delivery model that,vill allow Health Authority B to meet the changing needs of a growing population at the community level..All services and physical facilities administered by flealth Authority B will need to be re- focused 'based on a new understanding of future population, demographic and cultural changes. BENEFITS BLUEPRINT 323 Responding to Nor Oppoa lywities 14. Industrial Land Readiness A second wave of enerl;} and industrial businesses are alreadk evaluating development opportunities in Ni ew Brunswick. An Industrial Land Development Strategy will develop "shovel read\," industrial lands that are fully serviced and readilt, accessible, ensuring an expedited process of industrial development. It will create a phased approach to land development that evill attract additional industries and facilitate economic spinoffs, redirecting revenue back into the community over the long -- tern. 15. Supportive Infrastructure The creation of a consolidated, prioritized list of supportive infrastructure initiatives for the host communities ,,will advance the :selection, engineering design and financing of required capital projects. These include the upgrade of water and wastewater facilities, the streamlining of transportation infrastructure, and the provision of world -class recreational facilities, Permanent and Tevlp6ra� y ll ousing 16. Immediate and Appropriate Housing Strategy Whether our families, friends and neighbours continue to have suitable and affordable housing in a growing eeonomi, will be a measure of success of t:he Benefits Blueprint. Ensuring the provision of a wide range of housing options is a key component of planning in advance of economic growth in a region. This initiative delivers a variety, of action- oriented housing initiatives to accommodate short -term and permanent workers, It not only expands accommodation options for loxv and moderate income households facing shortages of rental housing and escalating rent levels, but also provides for higher -end . housing options to attract and retain senior executives and professionals, ENERGIZING SUSTAINABLE COMMUNITIES 324 Going forward Many N170u.Id argue the future has never looked brighter for Ne,�v Brunswick. We have emerged through the crucible of our sometimes difficult history to stand at this point in time, with prosperity and opportunity before us. But that prosperity is not assured. Nor is the Nvay of life we cherish, Benefits Blueprint is both a call-to-action and a plan, a thoughtful and strategic way to help ensure and maximize the coming growth to make certain that each New Brunswicker benefits. It is not, admitteffly, a cure-all. Think of it rather as a beginning, a foundation for the steps that must follow, each leading us closer to our shared goal of self-sufficiency and .1 more prosperous, progrcssjr,e New Brunswick. BENEFITS BLUEPRINT 325