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2009-02-16_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, February 16, 2009 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor boardroom City Hall 1.0 Response to Proposal Call for Financial Advisory Services 1.1 Legal Opinion 10.2(4)(f) 1.2 Personnel Issue 10.2(4)(b) 13 Personnel Issue 10.2(4)0) 1.4 Labour Relations 10.2(4)0) 1.5 Legal Advice - Proposed Contract 10.2(4)(f) 1.6 Personnel Item 10.2(4)0) Regular Meeting 1. Call to Order - Prayer 7:00 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of January 19, 2009 2.2 Minutes of January 26, 2009 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Fundy Region Sold Waste Commission Letter Re User Fee Program (Recommendation: Receive for Information) 5.2 Saint John Police Force Letter Re Pension (Recommendation: Refer to Cleric to Schedule) 53 Rodgers Letter Re City Manager's Pension (Recommendation: Receive for Information) 5.4 Debly Letter to Council Re Expropriation (Recommendation: Refer to City Solicitor) 5.5 Tenders for Sedans (Recommendation in Report) 5.6 Land Acquisition Thorne Avenue Lift Station 4 (Recommendation in Report) 5.7 Stop Up and Close Hospital Street (Recommendation in Report) 5.8 Proposed Public Hearing Dates (Recommendation in Report) 5.9 Advertising - 2009 Experience New Brunswick Official Vacation Planner (Recommendation in Report) 5. 10 Design and Constriction Management Mountain Rd - Street Reconstruction (Recommendation in Report) 5.11 Preliminary Design of the Eastern and Western Potable Water Treatment Facilities (Recommendation in Report) 5.12 Wellness Center: Carleton Community Centre (Recommendation in Report) 5.13 Peel Plaza Project (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation 7.1 Heritage Day in the City of Saint John 7.2 Freedom to Read Week 8. Delegations/ Presentations 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning By-Law Amendment 170 Germain St and 181 Charlotte St 9.1(b) Planning Advisory Committee Recommending Rezoning. 9.2(a) Proposed Saint John Heritage Areas By-Law Amendment 9.2(b) Letter of Support Re Heritage Designation 93(a) Sale of Portion of King St East (Pending Approval of Street Closure) to Carol Ann Milne 93(b) Proposed By-Law Amendment, Public Notice and Map 10. Consideration of By-laws 10.1 Proposed Rezoning 296 Morrison Rd 10.2 Proposed Municipal Plan Amendment and Rezoning - Peel Plaza 10.2(a,b) Proposed Municipal Plan and Rezoning Amendment Peel Plaza 10.2(c) Section 39 Conditions 11. Submissions by Council Members 11.1 Garbage Collection Schedule for Priority Neighbourhoods (Councillor Snook) 12. Business Matters - Municipal Officers 12.1 Common Clerk: Scheduling Committee of the Whole Meetings 12.2 City Solicitor: Water & Sewerage By Law Imposition of Fines Under the Municipalities Act 123 City Solicitor: Legal Services Peel Plaza Redevelopment 12.4 City Manager: Winter Street and Pedestrian Services 12.5 City Manager: Saint John Water 2008 Annual Wastewater Report 12.6 City Manager: Vacant and Derelict Buildings Update 12.7 City Manager: Open Committee of the Whole Meeting March 9 2009 12.8 City manager: Advertising Public Tenders 12.9 City Manager: Nominations to the Registers of Historic Places 12.10 Commissioner of Finance: Funding - Cherry Brook Zoo 12.11 Commissioner of Finance: Terms of the Fall 2008 Debenture Issue 12.12 Commissioner of Finance: Revision to the 2009 General Fund Capital Budget 2 13. Committee Reports 13.1 Saint John Environment Committee Re Earth Hour 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Conservation Council of New Brunswick Letter Requesting Support from the City of Saint John. 16. Adjournment City of Saint John Seance du conseil communal Le lundi 16 fevrier 2009 Comite plenier 1. Ouverture de la seance 17 h Salle de conference du 8e Rage a 1'h6tel de ville 1.0 Reponse a 1'appel de propositions concernant les services consultatifs financiers 1.1 Avis juridique - alinea 10.2(4)f) 1.2 Question relative au personnel - alinea 10.2(4)b) 1.3 Question relative au personnel - alineas 10.2(4)j) 1.4 Relations de travail - alinea 10.2(4)j) 1.5 Avis juridique relatif au projet de contrat - alinea 10.2(4)f) 1.6 Sujet touchant le personnel - alinea 10.2(4)j) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 19 h Salle du conseil 2. Approbation du proces-verbal 2.1 Proces-verbal de la seance tenue le 19 janvier 2009 2.2 Proces-verbal de la seance tenue le 26 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 la Commission de gestion des dechets solides de la region de Fundy concernant les frais d'utilisation (recommandation : accepter a titre informatif) 5.2 Lettre revue du service de police de Saint John concernant le regime de retraite (recommandation : transmettre a la (-,reffiere pour qu'une date de presentation soit fixee) 5.3 Lettre revue de Frank Rodgers concernant le regime de retraite du directeur general (recommandation : accepter a titre informatif) 5.4 Soumissions relatives aux berlines (recommandation figurant au rapport) 5.5 Lettre de Teresa Debly adressee au conseil concernant 1'expropriation (recommandation : transmettre a Pavocat municipal) 5.6 Acquisition fonciere de la station de relevement no 4 de 1'avenue (recommandation figurant au rapport) 5.7 Fermeture et barrage de la nee Hospital (recommandation figurant au rapport) 5.8 Dates propos6es pour les audiences publiques (recommandation figurant au rapport) 5.9 Publicit6 dans le guide touristique officiel 2009, Vivre vos vacances au Nouveau-Brunswick (recommandation figurant au rapport) 5.10 Gestion de la conception et de la constriction visant la refection du chemin Mountain (recommandation figurant au rapport) 5.11 Avant-projet sommaire relatif aux installations de traitement de 1'eau potable des quartiers est et ouest (recommandation fi(-,,urant au rapport) 5.12 Centre de mieux-etre du centre communautaire de Carleton (recommandation figurant au rapport) 5.13 Projet de la place Peel (recommandation : accepter a titre informatif) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Fete du patrimoine dans The City of Saint John 7.2 La semaine de lecture en toute libert6 8. Delegations et presentations 9. Audiences publiques 19h 9. la) Projet de modification de 1'arret6 de zonage visant le 170, rye Germain et le 181, rye Charlotte 9. lb) Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage 9.2 Projet de modification de 1'arret6 relatif aux secteurs sauvegard6s de Saint John 93a) Vente d'une partie de la rue King (en attente de 1'approbation de la fermeture de la rue) a Carol Ann Milne 93b) Projet de modification de 1'arret6 - Avis public et plan 10. Etude des arretes municipaux 10.1 Projet de rezonage visant le 296, chemin Morrison 10.2 Modification du plan municipal et rezonage visant la place Peel 10.2a,b) Projet de modification du plan municipal et du rezonage visant la place Peel 10.2c) Conditions impos6es par Particle 39 It. Interventions des membres du conseil 11.1 Horaire de collecte des ordures pour les quartiers prioritaires (conseiller Snook) 12. Affaires municipales evoquees par les fouctionnaires municipaux 12.1 Greffi&re communale : organisation des reunions du conseil et du comit6 pl6nier 12.2 Avocat municipal : Arret6 concernant les r6seaux d'eau et d'6-outs - Imposition d'amendes en vertu de la Loi sur les nwi icihalites 12.3 Services juridiques relatifs au r6am6nagement de la place Peel 12.4 Directeur general : Services pi6tonniers et routiers d'hiver 12.5 Directeur general : Rapport annuel de 2008 relatif au r6seau d'aqueduc de Saint John 12.6 Directeur general : Rapport mis a jour relatif aux bdtiments vacants et abandonn6s 5 12.7 Directeur general : Seance publique du comite plenier le 9 mars 2009 12.8 Directeur general : Publication des appels d'offres 12.9 Directeur general : Nominations aux Repertoires canadiens des lieux historiques 12.10 Commissaire aux finances : Subventions pour Cherry Brook Zoo 12.11 Commissaire aux finances : Modalites relatives a 1'emission d'obligations de 1'automne 2008 12.12 Commissaire aux finances : Revision du budget d'immobilisations de 2009/fonds d'administration 13. Rapports deposes par les comites 13.1 Comite sur 1'environnement de The City of Saint John au sujet de 1'evenement Une heure pour la planete 14. Etude des sujets ecartes des questions soumises a 1'approbation du consed 15. Correspondance generale 15.1 Lettre du Conseil de la conservation du Nouveau-Brunswick demandant le soutien de The City of Saint John 16. Levee de la seance The City of Saint John February 13, 2009 Common Council of The City of Saint John His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whale Closed Session At its meeting on November 17, 2008, Common Council passed the following resolution: "RESOLVED that all agenda items considered for Committee of the Whole closed session meetings contain a preamble explaining the justification for the item being handled confidentially"° The Common Council meeting of February 16, 2009 contains the following items on the agenda: 1.1 Legal Opinion 10.2(4)(f); 1.2 Personnel Issue 10.2(4)(b)(j), 1.3 Personnel Issue 10.2(4)0); 1.4 Labour Relations 10.2(4)0); 1.5 Legal Advice - Proposed Contract 10.2(4)(f); Personnel Item 10.2(4)0). Section 10.2(4) of the Municipalities Act states: "If it is necessary at a meeting of council or committee of council to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion": 1.1 Legal Opinion 10.2(4)(f): " information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business". 1.2 Personnel Issue 10.2(4)(b): "Personal Information" 1.3 Personnel Issue 10.2(4)& "Labour and employment matters". 1.4 Labour Relations 10.2(4)(j): "Labour and employment matters". 1.5 Legal Advice - Proposed Contract 10.2(4)(f): " information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business". 1.6 Personnel Item 10.2(4)6): Labour and employment matters" SAINT JOHNr RO. Box 1971 Saint John, NB Canada E21- 41-1 1 www.sainitjohn.ea V C.R 1971 Saint John, N.-'B. Canada E21- 41-1 Respectfully Submitted, Jonathan Taylor, Assistant Common Clerk 94-236 COMM COLMUCONSOL COMML JANUARY 19, 2009/LE 19 JANVI ER, 2009 COMMON COUNCILM EnNG-THECITYOFSAINTJOHN CITY HALL-JANIJARY19, 2009 5:30P.M Present: Ivan Coat, NWa Deputy Nbyor Chase and C ncillos Court, Fanen, Men, Hggins, NtoGuire, Nbtt, Shook, Sullivan, and Titus - and - T. Totten, City Nbnagen; J. N,rJ. ent, City Solicitor, G Yen-ens, Comissia-ff of France and Treasaer, R Groody, Corm issior-ff of NLnicipal Cperations; K Forest, Corrrrissior-ff of Planning and Development; A Poffenroth, Deputy Corm issioner of Buildngs and Inspection Services; D. Scribner, Police Inspector, E Gomey, Corrrnon Clerk and J. Taylor, Assistant Cam-on Clerk SEANCE DU COINIML COMMLP44L DE THE CITY OF SAINT JOHN A uHOTEL DE MLLE- LE 19 JANVIER 2009 A 17 H 30 Soft presents : Ivan Court, rare le n-dre suppleant Chase et les conseillers Court, Farren, Men, Hggins, NLGuire, Mott, Shook, Sullivan et Titus et T. Totten, drecteu- general; J. Nxpnt, avocat n-nidpal; G Yeorrins, Corrmssaire aux finances et tresoner, P. Groxly, ommssaire aux operations n-nicipales; K Forest, conrrissaire a I'urbaniisme et au devdoppenent; A Fbffenroth, ommssaire a4an t aux services dinspection et des batimants; D. Smbr e , inspecteur de police, ainsi que E Gorrrtey, greffiere cwTm-ale et J. Taylor, gieffier oamu-al a4an t. 1. Call To Order -Prayer Mayor Court called the nmeting to order and Councillor Shook offered the opening prayer. Ouverture de la seance, suvie de la priere La seance est ouverte par le n-dre Court, et le conseiller Shook recite la priere douverture. 2 Appraval of Mniultees Cn nmtion of Councillor Men Seconded by Councillor Shook RESCLVED that the n irL tes of the meeting of Camm Council, held on January 5, 2009 be approved Question being taken, the motion was carried 2 Approbation du proces-verbal Proposition du oonseiller Men Appuyee par le conseiller Shook RESCLU que le proces--verbal de la seance du Conseil ccnTa nal tenue le 5jaNer 2009 sat approvee. A Tissue du vote, la proposition est adoptee. 94-237 COMM COLMUCONSOL COMML JANUARY 19, 2MM-E 19 JAMMER, 2009 Appraval of Agenda Cn motion of Councillor Sullivan Seconded by Ca,ncillor Nbtt RESCL\/ED that the agenda of this meeting be approved \t& the addition of items 12.3 Frequerxy of Council Meeting and 13.2 Substandard Appeals Comr ittee. Question being taken, the nmtion was carried Adoption de I'ordre du jar Proposition du omseiller Sullivan Appuyee par le ccnseiller Nett RESCLU que I'orcre du jour de la presente seance sat adopte, moyennallnt I'ajout des points 12.3 Frequernces des seances du ccnseil et 13.2 Corrite dappel su- les residences non oorforres aux norrres de Sault John A Tissue du vote, la proposition est acloptee. 4. Disclosures of Conflict of Interest 4. Divulgations de corflits dirrterets 5. Consent Agenda 5.1 That the letter from Vanda V\hite regarding the reconstruction of l3raerrar Drive be referred to the City Manager. 5.2 That the letter from Violet Matheson regarding the state of the Reversing Falls bridge be referred to the City Manager 5.3 That the letter from Patricia Dashuwod concerning fees and taxes related to garbage collection be received for infom-rtion. 5.4 That the letter from Nbrgaret Titus regarding the Pension Fund be received for irfom-ation. 5.5 Refer to item 14.1. 5.6 That the letter from the Saint John Board of Police Comrissiorers regarding the election of Corm issioners to serve as the executive body for the year 2009, be received for infom-ation. 5.7 That as recorrnanded by the City Nbnager, ComTm C until sdnedcle the public hearing for the rezoning application of HLO-es Suveys & Consultants Inc.,170 Gerrrain Street, for NbndW, February 16, 2000 at 7:00 p.m in the Council Charrber, and refer the application to the Planning Advisory Carrrittee for report and recommendation. 5.8 That as rec omrTBxled by the City Nbnager, Contract Nurrber 2008-38: aamw/Pa i,bill Drive -sanitary surer and v ertem-dn rene,nial, storm surer extension, and street reconstruction, be awarded to the IoNtenderer, Galbraith Construction Ltd., at the tendered price of $1,153,082.51 as calculated based upon estin-ded quantities, and further that the Nbyor and Corrnm Clerk be authorized to execute the necessary contract docurrents. 5.9 That as recorrner sled by the City Nbnager, the proposal of CBCL United for engneering servioss (design and ccnstructicn rranagern nt) for Pipeline Road V\bst - Phase 2, Spruce Lake to Gault Road water tra mi issidn mein installation, be accepted and that the m wor and Conoco Clerk be aulhonzed to execute the appropriate docxxrentation in that regard. 5.10 That as recomn axW by the City Nbnager, Common Councl resdnd the current Internet Acceptable Use Policy approved in August of 2008 and that the revised sulmitted Policy fromthe report dated January 21, 2009 entitled Intemst, Asset and Bectronic Nbil Acceptable Use Policy, be adopted 10 94-238 COMM COLMUCONSOL COMML JANUARY 19, 2009/LE 19 JANVI ER, 2009 5.11 That as rec onTnanded by the City Manager, Cam-on Caj-dl assent to the subrritted photo-reduced Amending Sl bdiivision Ran- Leila R Cathline and Marilyn V. Slrnorrds S bdivision with aspect to any necessary public utility easements. 5.12 That as recarrnended by the City Manager, the public hearing for the consideration of the passing of a B)~-laNto Stop LAD and Close a 0.4 square rretre ±and a 21 square rretre ± potion of a public street kr-om as King Street East, be set for Monday, February 16, 2009 at 7.00 p.m in the Council CharTber. 5.13 That the letter from the Mspec Park Recreation Carmttee be referred to the City Manager. Cn motion of Cou cillor Shook Seconded by Ccuncillor Sullivan RESCLVED that the recd Tcendation set out for each consent agenda item respectively with the ecc eption of item 5.5 Utter from Ian Benjanin Regarding Violations of Section 39 Conditions by East Point Develcpn-ent, which has been identified for debate, be adopted. Question being taken, the motion was carried 5. Q estions sounises a I'approbation du c onseil 5.1 Resdu que la lettre cle Vanda W ite relative a la refection cle la pronmrrade Braerrer sat transn ise au drectar general. 5.2 Resdu que la lettre cle Videt Matheson relative a I'etat du pant Reversing Falls sat transn ise au drecteur general. 5.3 Resdu que la lettre cle Patricia Ciaslwod relative auxfrais et aux taxes ayant trait a la c llecte des dechets sat acceptee a titre infaYratif 5.4 Resdu que la lettre cle Margaret Titus relative a la caisse cle retraite sat acceptee a titre infom'Eitif. 5.5 Var le point 14.1. 5.6 Resdu que la lettre du Bureau des omrissaires cle la police cle Saint John relative a la non ination des omrissaires a titre de mmnb-es du corps cirigeant au ours cle I'annee 2009 sat ac captee a titre infom'Eitif. 5.7 Que, oom-e le reo Trarde le cirecteur general, le c mseil owTai- l frxe la date cle I'audienoe publique relative a la daTB-de cle wn-age cle Hxj-esSurveys & Canso !tams Inc. du 170, n,e Gem-eiin, au lundi 16 fevrier 2009, a 19 h, clans la salle du onseil, et que la clerrende sat sounise au Cavite onsultatif duioa isrre aux fins cle presentation dun rapport et cle mocaTnandatio ns. 5.8 Que, oom-e le reo mmrde le cirecteur general, le contrail: n° 2008-38 rdatif aux prorrenades BraaTa et F8ftill - renouvellerrrexrt cle la onduite deau lonndpale et cle I'egout sanitaire, prolongenent du reseau degout et refection des prommnades, sat a=cb au sounissiomaire mains clisant, Galbraiith ConstRiction Ltd., au prix dfert cle 1 153 082,51$, etabli a partir cle quantites estini tives et, que le moire et la greffrere omT uncle scent autaises a signer les cloc urmi-its cortractuels necessaires. 5.9 Que, oom-e le reo mmrde le cirecteur general, la proposition presentee par CBCL Limted relative aux services dingenierie visant la gestion cle la conception et cle la construction de la phase 2 cle ('installation cle la onduite prirncipale deau au chenin Rpeline Quest, du lac gxuoejusgLiau cherrin Gault, sat acceptee, et que le n-dre et la g'effrere omYUnale scent aataises a signer la clocx rrerrtation require a oet egard. 5.10 Que, oom-e le reo mmrde le cirecteur general, le c onsdI oommi-al annule la politique aduelle dutilisation acceptable dlntennet approuvee en aout 2008, et que la politique modifree presentee dais le rapport date du 21 janvier 2009 intitulee Rolitique dutilisation acceptable dlntennet, cle I'actif et du punier dectronique snit adoptee. 5.11 Que, oom-e le reo mmrde le ciredeur general, le c onsdI owTai- l approuve la modification au plan cle lotisserrent prWscire avec photo red.ite presentee- lotissm-ent Leila R Cathline et Marilyn V. Simonds relativerrent a toute servitude dentrepnse cle service public neoessaire. 11 94-239 COMM COLMUCONSOL COMML JANUARY 19, 200M-E 19 JANVIER 2009 5.12 Cue, omm-? le recaTrTur to le cirecteur general, l'aucfence pr.blique relative a I'adoption An arrete visant a fern-?r et a barrer we rue pr blique dune superfide approArnative de ±0,4 metre cane et de +2,1 rr&es canes, connae sous le nom de rue Krug Est, sat ten ie le Iundi 16 fevrier 2009, a 19 h, clans la salle du cone 1. 5.13 Cue la lettre du Mspec Park Recreation Committee (oon ite des Ioisirs du parc Mspec) sat transn ise au drecteur general. Proposition du conseiller Snook Appuyee par le conselller Sullivan RESCLU que la recormrendation fomx lee pou- dnaeune des questions seu uses a I'approbation du Conseil, a 1'exception du pant 5.5 Lettre de Ian Benjanin relative a la violation des conditions de I'artide 39 par East Pant DeveloprrBl, qui a ete sdectiorr& auxfins de deliberations, sat adoptee. A Tissue du vote, la proposition est adoptee. Council rrarrbers con rented on various c cnTnrity events. C nTerrtaires pr6ux tes par les merrbres Les rrentres du eonseil s'e #mernt su- diverses activates conTarrautaires. 7. Proclamation 7. Proclamation a Delegations/Presentations a Delegations et presentations 9. Public Hearings 7:00 P.M 9.1(a,b) Proposed Nknicipal Ran &Zoning By-Law Amerndments 435 Boars Head Rd 9.1(c) Planning Advisory Cormiittee Pecormrending Nknicipal Ran and RnoningAmaxll rrernts The Common Clerk advised that the necessary advertising was oorrpleted wth regard to the proposed Mxidpal Plan and Re-zoning a rendrTB-ts for a parcel of land located at 435 Boas Head Road, having an area of approm ately 2480 square metres, also identified as RD number 00049833 by adding thefdloning at the end of the second paragraph of the MllidgeAle Secondary Plan under the heading, Developmal ThemdCharacter, `ToA nhor ses rray also be developed on the parcel of land located at 435 Boas Head Road (RD 00049833)" and by rezoning the sane parcel of land from "R-1 B' Cne Fan ily Residential to `TH' Towlhouse to pemit the clevelopmant of toA nhouses as requested by NJP Developrrents, Wth witten o0ections received. Consideration was also given to a report fromthe Planning Advisory Committee submtting a copy of Planing Staffs report considered at its January 13, 2009 rreeting at vAch the Con rittee decided to rec orrrnawd approval as set out in the staff reconT endation, to re-zone a parcel of land located at 435 Boars Head Rd. as described above \t& Section 39 conditions. The Mayor called for rrentes of the public to speak against the re-zonng wth no one presenting. The Mayor called for rrentes of the public to speak in favor of the re-zoning \t& Peter Pappas indicating that he was in agreement \Mh the rec ornTendations in the report \t& the exoeption of items 3 b), d) and e) of the sr bn itted staff report. 12 94-240 COMM COLMUCONSOL COMML JANUARY 19, 2009/LE 19 JANVI ER, 2009 Cn mention of Ca.ncillor Farren Seconded by Ca.ncillor Snook RESCLVED that the by-lam entitled, "A LaNto Amend the MAcipal Plan BBL aW ar ancing Section 3.44 of the Mllidge\ille Secondary Plan (Developrrent Area Design Qidelines- Prqects and Proposals - Developmant Area D Boars Head Road) by adding the fdlo rig sentence at the end of the second paragraph under the heading Development Thern~Charac ter. `ToA nha.ses may also be developed on the parcel of land located at 435 Boars Head Road (RD 00049833)", be read afirst time. Question being taken, the motion was carried Read a first time by title, the by-ladventitled "A LatvtoAmend the Municipal Plan B)~- Lavd'. Cn mention of Ca,ncillor Farren Seconded byC uricilorSullivan RESCLVED that the by-Iavventitled, "A L avvto Amend the MAcipal Plan BBL aW ar arcing Section 3.44 of the MllidgeWle Secondary Plan (Developmant Area Design Gadelines- Prqects and Proposals - Develeprr ent Area D Boars Head Road) by adding the fdlo rig sentence at the end of the second paragraph under the heading Development TherrdCharac ter. `ToA nha.ses may also be developed on the parcel of land located at 435 Boars Head Road (RD 00049833)" be read a second tine. Question being taken, the motion was carried Read a second time by title, the by-Iavventitled, "A Lavto Amend the Municipal Ran By- Law". Cn mention of Deputy M yor Chase Seconded by Ccuricillor Sullivan RESCLVED that the by-Iavventitled, "A L avvto Amend the Zoning B)~-Lawof The City of Sant John", an-ending sdned.le "A', the zoning nap of The City of Saint John, by re-zoning a parcel of land located at 435 Boas Head Road, having an area of appromni tely 2,480 square metres, also identified as R D number 00049833 from "R-1 B' One Farrily Residential to `TH' Ton ixuse, be read a first time. Question being taken, the motion was carried Read a first throe by title, the by-ladventitled "A L autoAmend the Zoning By-Lawof the City of Saint John". Cn mention of Ca,ncillor Farren Seconded by Caxncilor Sullivan RESCLVED that the by-Iavventitled, "A L avvto Amend the Zoning B)~-Lawof The City of Sant John", an-ending sdned.le "A', the zoning nap of The City of Saint John, by re-zoning a parcel of land located at 435 Boas Head Road, having an area of appromn-dely 2,480 square metres, also identified as R D number 00049833 from "R-1 B' One Farrily Residential to `TH' Ton ixuse, be read a second throe. Question being taken, the motion was carried Read a second throe by title, the by-Iavventitled, "A Lavto Amend the Zoning By-L aN of The City of Saint Jdm". 9. Audiences publiques a 19 h 9.1a), b) Projet de modification du plan municipal et de I'anete su- le zonage visant le 435, dnenin Boars Head 9.1c) Comite c onsultatif durbanisme nxun mordant la modification du plan nuncipal et le rrezanage La greffiere oon7axde indique que les avis requs ort ete publies relativemant aux modifications proposees au plan nuicipal et au rezcnage dune parcelle de terrain situee au 435, than n Boars Head dune superficie approAaEtive de 2 480 mtttres canes et portant le NID 00049833 en joutant ee qui slit a la fin du second paragraphs du plan sec orndaire de MllidgeWle sous la rn brique «Thbrn~tique et cara cteristique de 13 94-241 COMM COLMUCONSOL COMML JANUARY 19, 200M-E 19 JAMMER, 2009 l'amenagen tint « Des masons en rangee peuvent egalerrent titre w6nageevs sur la parcelle de terrain (NID 00049833) situee au 435, chen in Boars Head et en rrodifrant le zonage de la niNm parcelle de terrain pax la faire passer de zone residentielle- habitations urrfan iliales «R 1 B» a zone de n-dsons en rangee «TH» afin de penrettre I'w6nagermnt de masons en rarxj§e, c m7m NJP Developrrents en a fait la dermnde, et que des oppositions ecxites ont ete regues. Exarmn dun rapport presente par le Comte eonsultatif du bans m, aaconpag-e dun exe7plaire du rapport redige par le personnel du Service dutxarisme, qu ont fait l'ot W dun exarren lors de la seance du 13 janvier 2009 au pours de Iacluelle le Comte a choisi de recorrnrwncler I'approbatien, telle qu'elle est seuligiee dens la reconTcmdation du personnel, voulant que le censeil cmT ral prooede au rezornage de la parcelle de terrain situee au 435, chenin Boars Head, telle gUelle est decrite ci- dessus, sous reserve des conditions sr,rsrrentiornees inposees par I'artide 39. Le n-dre invite le public a se pro noncer contre le rezonage, rreis persorne ne prend la parde. Le n-dre invite le public a se pro noncer en favaur du rezonage. Peter Pappas indique qu'il est daccord avec les reconTna dations a 1'exception des pants 3b), d) et e) du rapport du personnel. Proposition du conseiller Farrel Appcyee par le censeiller Shook RESCLU que I'arrete intitcle «Arrete rrodifiant I'arrete plat sur I'adoption dun plan m nicipal » qui vise a nmdfrer I'artide 3.44 du plan seeondaire de Mllidgeville (lignes directrices relatives a la conoeptian de secteu-s dantragen-ent - projets et propositions relatifs au secteur dantnagen e t « D» : chen in Boars Head) en ajoutant la phrase suvante a la suite du deui dm paragaphe sous la rLbrique Therrertique et caracteristique de I'anYmgerre7t : « Des n-dsons en rangee paA/ent egalaTal titre ammnagees sur la parcelle de terrain (NID 00049833) situee au 435, dnen in Boars Head » , fasse I'ot o dine preriere lecture. A Tissue du vote, la proposition est adcptee. Preriere lecture par titre de I'arrete intitule «Arrete nmdifrant I'arrete relatif au plan nmapal de The City of Sault John Proposition du conseiller Farren Appuyee par le censeiller Sullivan RESCLU que I'arrete intitcle «Arrete rrodifiant I'arrete plat sur I'adoption dun plan m nicipal » qui vise a nmdfrer I'artide 3.44 du plan secondaire de Mllidgeville (lignes directrices relatives a la conoeptian de secteurs dantragen-ent - projets et propositions relatifs au secteur dantnagen tint « D» : chen in Boars Head) en ajoutant la phrase suvante a la suite du deuiaerne paragaphe sous la rLbrique Therrertique et caracteristique de I'anYmgerre7t : « Des n-dsons en rangee paA/ent egalaTal titre arrernagees sur la parcelle de terrain (NID 00049833) situee au 435, dnen in Boars Head fasse l'ot W dune deuiaerrre lecture. A Tissue du vote, la proposition est adcptee. Deuiaerm lecture par titre de I'arrete intitule «Arrete rredifiant I'arrete relatif au plan mxidpal de The City of Sault John Proposition du n-dre suppleant Chase Appuyee par le censeiller Shcivan RESCLU que I'arrete intitcle «Arrete rredifiant I'arrete de nonage de The City of Saint John » n odfrart a I'annexe A plan de zonage de The City of Saint Jam, le rezcnage dune parcelle de terrain dune superfrde derMron 2 480 metres canes situee au 435, dnemn Boars Head et inscrite sous le NI D 00049833 pax la faire passer de zone residentielle - habitations unifarriliales « R-1 B» a zone de rreisons en rangee «TH fasse l'objet dune prep iere lecture. A Tissue du vote, la proposition est adcptee. Preriere lecture par titre de I'arrete intitule «Arrete nmdifrant I'arrete de zonage de The City of Saint John 14 94-242 COMM COLMUCONSOL COMML JANUARY 19, 2009/LE 19 JANVI ER, 2009 Proposition du conseiller Faren Appuyee par le conseiller Sullivan RESCLU que I'arete intituie «Arrete modfiant I'arete de nonage de The City of Saint John » rrodifiant a I'annexe A, plan de zanage de The City of Saint John, le rezenage dune parcelle de terrain dune Wide derMron 2 480 m6ttres canes situee au 435, dnemn Boars Head et inscrite sous le NID 00049833 pour la faire passer de zone residentielle - habitations unifan iliales « R-1 B» a zone de wdsons en rangee «TH fasse I'o" dune deLAu rre lecture. A Tissue du vote, la proposition est adoptee. DeLA6rre lecture par titre de I'arete intitule «Arrete modifiant I'arrete de zonage de The City of Saint John 9.2(a)(b)(c) Proposed Municipal Plan &Zoning By4_awAmendments 14 McLaughlin Crescent 9.2(c) Planning Advisory Cormnittee R9c merxing Municipal Plan Adnrendment and Rowing The Corrnrn Clerk advised that the necessary advertising was ow-pleted wth regard to the proposed M.nicipal Ran and Re-Zaning arrendrrB is of a parcel of land located at a 14 NbLaughlin Crescent having an area of approAn-dely 1,470 square metres, also identified as being R D number 0032214, from Lev Density Residential to Approved Commercial DeAclorrent and by rezoning the sane parcel from" IL-I" Neighbourhood Institutional to "B-1" Local Business to pemit the a physiotherapy diric and other professional services v&in the eAsting building as requested by Kendra Jones, v& vuitten objections received. Consideration was also given to a report from the Planning Advisory Comftee subrritting a copy of Planning Staffs report considered at its January 13, 2009 meeting at \Ahch the Can nftee recommended approval as set out in the staff recommendation, to re-zone a parcel of land located at 14 McLaughlin Crescent as described above v& Section 39 conditions. The Mayor called for manicers of the public to speak against the re-zoning wth no one presenting. The Mayor called for manicers of the public to speak in favor of the re-zoning v& the applicant, Kendra Jones, providing a presentation explaining the proposed business and indicating that she vvas in agreement v& the staff ration. Cn motion of Councillor McGuire Seconded by C un illor Mott RESCLVED that the by-laNentitled, "A Lawto Amend the M.n cipal Ran B)~-LaW arrerxing Sdnecl le 2-A, the Future Land Use Ran, by redesignating a parcel of land v& an area of appro)dmetely 1470 square metres, located at 14 McLaughlin Crescent, also identified as being RD nunicer 00322214, from Law Density Residential to Approved CwTrerdal Development classification, be read a first tine. Question being taken, the motion vvas carried Read a first tine by title, the by-laNentitled "A LaNto Amend the N4micipal Ran B)~- LaW. Cn motion of Councillor Fan-en Seconded by Ccundlor Sullivan RESCLVED that the by-IaNentitled, "A Lawto Amend the M.n cipal Ran B)~-LaW arrerxing Sdnecl le 2-A, the Future Land Use Ran, by redesignating a parcel of land v& an area of appro)dmetely 1470 square metres, located at 14 McLaughlin Crescent, also identified as being RD nunicer 00322214, from Law Density Residential to Approved Corrnerdal Development classification, be read a second tine. Question being taken, the motion vvas carried Read a second tine by title, the by-laNentitled, "A LaNto Amend the Unicipei Ran By- Laud'. 15 94-243 COMM COLMUCONSOL COMML JANUARY 19, 200M-E 19 JAMMER, 2009 Cn motion of Ca.ndllor Farren Seconded by Ca,ndllor Sullivan RESCL\/EDthattheby-lam entitled, "ALaAvto Ama-d the Zoning B)~-Lawof The City of Saint John', an ending sdieckAe "A', the Zoning Nap of The City of Saint John, by re-zoning a parcel of land located at 14 NbLaughlin Crescent, having an area of approdrrately 1,470 square rretres, also identified as RD Nubn-en 003?2214, from" IL--I" Neighbourhood Institutional to "B-1" Local Business, be read a first tine. Question being taken, the nation was carried Read a first time by title, the by-lawentitled A Ladvto ArrBnd the Zoning B)~-Lawof the City of Saint John'. Cn motion of Councillor Sullivan Seconded by Cou cilor Fan-en RESCLAEDthat the by-laNentitled, "A LaNto Ama-d the Zoning B)~-Lawof The City of Saint John', an ending sdiecUe "A', the Zoning Nap of The City of Saint John, by re-zoning a parcel of land located at 14 NbLaughlin Crescent, having an area of approdrrately 1,470 square rretres, also identified as RD Nubrner 003?2214, from" IL--I" Neighbourhood Institutional to "B-1" Local Business, be read a second tine. Question being taken, the nation was carried Read a second tine by title, the by-laNentitled, "A LaNto Amend the Zoning B)~-LaNof The City of Saint John". 9.2a), b), c) Projet de motificaton du plan nix icipal et de I'anete su- le zoruge visarrt le 14, croissant McLaughlin 9.2c) Conte consLitatif durbarrisme rec nmandant la notification du plan mixricipal et le rezonage La g dfiiere con axde indique que les avis requs ort etc publics relativeren t au projet de modification du plan rrr_nidpal et du zorox:p dune parcelle de terrain situee au 14, crdssant NbLaughlin dune superficie deNron 1470 m7tres canes et portant le NID 0032214 afin de faire passer la designation s'y rapportant de zone resideitielle de faible densite a zone danenagenmrt oxwercial appro ive, en modifrait le zonage de la menm parcelle de terrain pour la faire passer de quartier a vocation collective « IL-1 » a zone con rerdale locale «B-1 » afin de perrre(tre use dinique de physiotherapie et dautres services professiomels au san du b2tinent e>dstant, cmm-e en a fait la derrurxte Kendra Jenes, et que des oppositions ecrites on t etc revues. Exanen dun rapport presente par le Comte eonsultatif du bans m, acconpag-e dun exe7plaire du rapport redige par le perso r d du Service duix-nis m, qu ont fait I'objet dun exane'r lors de la seance du 13 jmAer 2009 au ocurs de lacluelle le Comte a d-dsi de recon mastiff I'approbatien, telle gJelle est seuligiee dens la recamB-dation du personnel, voulant que le censeil caTTnx l prooede au rezonage de la parcelle de terrain situee au 14, croissant MJ-aughlin, telle gUelle est decrite d-clessus, sous reserve des corrditicns inposees par I'artide 39. Le n-dre invite le public a se prononcer eontre le rezonage, n-ds personae ne prend la parole. Le n-dre invite les n n-bres du public a e)#n-er leur appui quest au rezonage. Kendra Jones, la requeraite, dense use presentation c:oncernant le c orrmerce propose et indique gUelle est dacoord avec la reoornmclation du personnel. Proposition du conseiller MoGire Appuyee par le ocnseiller Mott RESCLU que I'arrete inntitUb «Arrete rrodifrant I'arrete rdatif aU plan municipal de The City of Saint John rracifrannt I'annexe 2-A plan dantnagen-ent Ur des terres, afin de faire passe la designation dine parcelle de terrain dine &Wiide denviron 1470 n=tres canes situee au 14, croissant NbLaugHin et portant le NID 00,su114 de zone residentielle de faible densite a zone dantnagen-ent eormrercial approuve, fasse I'o" dine preniere IectLre. A Tissue du vote, la proposition est adolotee 16 94-244 COMM COLMUCONSOL COMAVAL JANUARY 19, 2009/LE 19 JANVI ER, 2009 Prembre lecture par titre de I'arrete irtitule «Arrete n-odfiant I'arrete relatif au plan manicipal de The City of Saint John Proposition du eonseiller Farren Appuyee par le conseiller Sullivan RESCLU que I'arrete intitule «Arrete mcdfiant I'arrete rdartif au plan municipal de The City of Saint John rrodfiant I'annexe 2-A, plan dantriagement futur des ten-es, afin de faire passer la designation dune parcelle de terrain dune superlide denviron 1470 metres canes sitube au 14, croissant Mdxq#iin et portant le NID 00322214 de zone residentielle de foible densite a zone damanagerrent eoimrerdal appro ive, fasse I'oW dune deuiaeme lecture. A Tissue du vote, la proposition est adoptee. DeLA6ma lecture par titre de I'arrete intitule «Arrete modifiant I'arrete relatif au plan manicipal de The City of Saint John Proposition du eonseiller Farren Appuyee par le conseiller Sullivan RESCLU clue I'arrete intitule «Arrete mcdfiant I'arrete de nonage de The City of Saint John » nmdifiant a I'annexe A plan de zonage de The City of Saint John, le rezenage dune parcelle de terrain dune sr.perfide dermron 1470 mares canes sitube au 14, croissant MJ3ugiiin et insoite sous le NID 00n92914 pour la faire passer de quartier a vocation collective « I L-1 » a zone camrerciale locale « 13,1 fasse I'ebjet dune prem6re lecture. A Tissue du vote, la proposition est adoptee. Prembre lecture par titre de I'arrete irtitule «Arrete rrodfiant I'arrete de zonage de The City of Saint John Proposition du eonseiller Sullivan Appuyee par le conseiller Fanran RESCLU clue I'arrete intitule «Arrete mcdfiant I'arrete de nonage de The City of Saint John » nmdifiart a I'annexe A plan de zonage de The City of Saint John, le rezonage dune parcelle de terrain dune sr.perfide dermron 1470 mares canes sitube au 14, croissant MJ3ugiiin et insoite sous le NID 00n92914 pour la faire passer de quartier a vocation collective « I L-1 » a zone camrerciale locale « 13,1 fasse I'ebjet dune dl&Ddare lecture. A Tissue du vote, la proposition est adoptee. D&Dd6 a lecture par titre de I'arrete intitule «Arrete modifiant I'arrete de nonage de The City of Saint John 9.3(a)(b) Proposed Wricipal Plan and Zoning By-LawAmendments 410 Fighland Rd 9.3 (c) Planning Advisory Comririttee Peport Recom a ncing Denial dNlunicipal Ran and Rezoning Amendments. The Corrnon Clerk advised that the necessary advertising was oorrpleted Wth regard to the proposed M.nidpal Ran and Re-Zoning a end rBIs for a parcel of land v& an area of approArrately 43 hectares, located at 410 Fighland Road, also identified as being RD number 00428714, from LoN Density Residential to Approved Comrercial Development classification and by rezoning the same parcel from "RS-2' 0-e and Tw Family Suburban Residential to " 13-Z' Ge -ffal Business classification, to pemit the developrrrrnt of a licensed banquet and meeting hall v& cabins for tourist acc omrTudation as requested by Md-ad Saunders, Wth vuitten o0ections received Consideration ves also given to a report from the Planning Advisory Committee submtting a copy of Planning Staff's report considered at its January 13, 2009 meeting at vAch the Committee recommended de7al of the amendments as set out in the staff recomrendation. The Mayor called for neuters of the public to speak against the re-zoning Wth Glen Jackson of 364 Fighland Road, Penny Sally of 406 Fighland Road and Luke Ndndls of 402 Fighland Road, all of Wnom expressed safety oaxenns v& increased traffic on the narrow,, vUnding road. 17 94-245 COMM COLMUCONSOL COMA AL JANUARY 19, 2MM-E 19 JANVIER, 2009 The Mayor called for menioes of the public to speak in favor of the re-zoning with Monad Saunders, the applicant, appearing. Cn motion of Councillor Mott Seocnded by Councillor Court RESCL\ED that the application for a M.nicipal Ran and Zoning amendrrenrts to develop a licensed banquet and meeting hall with cabins for overnight acooimnclation at 410 Fighland Road be denied. Question being taken, the nmtionwas carried 9.3a), b) Projet de modfication du plan mn.rricipal et de I'ant t6 de zorrage Asarrt le 410, dienin Fighland 9.3c) Rapport du Comte c orrA tatif durbanisms recd miarrdar t le rejet des modfications du plan municipal et du rezonage La greffiere con axde indique que les avis requs ont ete pcblies relativerrierrt au projet de modification du plan rri.nicipal et du zonage dune parcelle de terrain situee au 410, chemn Fighland dune superfide derviron 4,3 hectares et porta it le NID 00428714 afin de faire passer la designation s'y rapportant de zone residentielle de faible densite a zone darrenagement oonTrerdal approuve, en rrodifrant le zonage de la menm parcelle de terrain pour la faire passer de zone residen tielle de banlieue - habitations unifan iliales et bifan iliaies «RS-2» a zone ccrnnierdale genbde «B-2» pour pemmettre la construction dune salle de reunion et de reception avec perms dalocol ainsi que des cabins de tounstes, oonTm Mcl- el Saunders en a fait la clam-de, et que des oppositions ecrites ont ete regues. Examen dun rapport presente par le Carite cansultatif du banis m, accanpagne dun exenplaire du rapport redige par le personnel du Service dutxaris m, qu ant fait I'otjet dun exarren los de la sea-o-- du 13janvier 2009 au ocurs de Iacluelle le Corrite a dnasi de mcm nn3ncler le roet des modifications corm 1'6nonoe la recon rarndation du personnel. Le rreire invite le public a se pro noncer eontre le projet de rem-ege. Glen Jackson du 364, dnemn Fighland, Penny Sally du 405, dnemn Fighland et Luke Nchdls du 402, dnenin Fighland ant tour famine des preoccupations Iiees a la secuite advenant une circulation am ue su- le cl-s in etrdt et sinueux Le rreire invite le publics e)#n-er son appui quant au rezonage. Mdnael Saunders, le requerant, prend la parole. Proposition du omseiller Mott Appuyee par le censeiller Coot RESCLU que la dmmrde visant Ies modifications proposees au plan mmicipal et au nonage afin de paTTY ttre la construction dune salle de reunion et de reception avec perms dalood ainrsi que des cabins pour offtir un hebergerne nt de nut au 410, dnenin Fighland, sat rejetee. A Tissue du vote, la proposition est adoptee. 9.4(a) Proposed Section 39 An iridn ent 1660 Manawagonigh Rd 9.4(b) Raring Advisory Committee Recommencing Section 39 Amend vent. The Corrnm Clerk advised that the necessary advertising was eonpleted with regard to the proposed Section 39 Amandnm t amending the Section 39 conditions in posed on the March 20, 1991 rezoning of a parcel of lard with an area of al proxin-dely 0.8 hectares, located at 1660 Manmagorish Road, also identified as RD nurrbers 0040zizi and 55076335 to permit a senior's retirement facility not licensed by the Departr ent of Sodal Developrrent as requested by "id Malik, with written ol~ ections received. Consideration was also given to a report fromthe Banning Advisory Camittee submitting a copy of Barring staff s report considered at its January 13, 2009 rreeting at which tirre the Commmttee recorrrrerncted the arrexh-ent of the existing Section 39 conccliitions. 18 94-246 COMM COLMUCONSOL COMAVAL JANUARY 19, 2009/LE 19 JANVI ER, 2009 The Mayor called for rremters of the public to speak against the proposed amendment vvith Denise Johnston of 29 Coronation Court stating that the applicant has rraintained an unsightly premse for a rhun iDer of years and that she does not feel that operating a senior care business vwuld be appropriate on this property. The Mayor called for rremters of the public to speak in favour of the proposed amendment vvith K-did Malik, the applicant, stating that he was in ageemert vvith the staff report and recorrnimclation. Cn mmtion of Councillor Titus Seconded by Councillor McGuire RESCLVED that Coarm Ca ncil deity the amendment of the Section 39 conditions inposed on the March 20, 1991 rezoning of a parcel of lard vvith an area of approArnately 0.8 hectares, located at 1660 MonaAe,gonish Road, aria identified as R D n-fters 00402izi and 55076335. Question being taken, the motion was carried 9.4a) Modification proposee aux co actions inpoeees en vertu de I'arfide 39 Asant le 1660, diemin Manawagonigh 9.4b) Comte consitatif durbarisme recorY mmllant la modfication de I'artide 39 La greffiere oor rn hale indique que les aAs requs ont 6te publies en de qu a tract a la modification proposee en vertu de I'artide 39, modifiant les coalitions in posees le 20 rrars 1991 relativerrent au rezonage de la paroellle situee arc 1660, chemn Mona Aegahish dune superfide denmron 0,8 hectare et inscrite sacs les NID 00402727 et 55076335 afin de permettre la construction dune rreison daccueil pax persanries ogees n'ayarht pas 6te autoisee par le mnistbre de Resscurces hun-bries et DevelopperrBnt sodas Canada, c am-e K-did Malik en a fat la der mile, et que des ol~ ectiens barites oit ete revues. Examah dun rapport presente par le Cavite consultatif duioanis m, dun exerrplaare du rapport redige par le personnel du Service duioanisrre, qui fait I'ot o dun examen lors de la seance13janvier 2009 au c curs de laquelle le Con ite a choisi de reconTnander la rrodifrcation des conditions en vigueur a I'heure actualle en vertu de I'artide 39. Le n-ire invite le public a se prahoix)er- oontre la modification proposee. Denise Johnston du 29, inpasse Corariation indique que le bstirrreht du requerant est inesthetique depuis plusieurs anr>ees et gUelle nest cbnc pas davis gUexploiter use entreprise de sans aux persorres ogees su- lacite propn6te est approprie. Le n-ire invite les rrerrbres du publics e)#n-er leurappui quant a la rrodification proposee. "id Malik, le regr.6ant, se pro none en faveur de la mcorrrrandation et du rapport du personnel. Proposition du oonseiller Titus Appuyee par le eonseiller McGAre RESCLU que le ocnseil ca Tn-r-d rejette la modification des conditions inposees le 20 mars 1991 en vertu de I'artide 39 relativerrent au rezonage de la parcelle de terrain situee au 1660, chemn Mona Aegahish dune superfide denmron 0,8 hectare et inscrite sacs les NID 00402727 et 55076335. A Tissue du vote, la proposition est adoptee. 9.5(a) Peport Fbzorring Application 5% Fillcnest Rd 9.5(b)ApplicationforZoning By-Lm A vvidrnerrt Cn nmtion of Caxrcillor McGuire Seconded by Cou cillor Snook RESOLVED that as reca rrnanded by the City Manager, Corrncn C ndl schedule a new public hearing for the rezoning application of Nags Vaaley Consulting Ltd. (595 Fillcrest Road) for Monday, March 2nd at 7.00 p. m in the Caxrcil Charrber, and refer the application back to the Raining AcIvisory Comrittee for a new report and recon rrehdation. Question being taken, the motion was carried 19 94-247 COMM COLMUCONSOL COMML JANUARY 19, 2MM-E 19 JAMMER, 2009 9.5a) Rapport concernarrt la demande de rezonage au 595, dvrTin Fillcrest 9.5b) Demarrde de modficafion de I'an-&6 de zanage Proposition du conseiller MoGire Appuyee par le censeiller Shook RESCLU que, c cmTe le recorrnande le directeu- general, le conseil ocmTurral prevoie I'audience publique relative a la dmmrde de rezonage Be Nngs Valley Consulting Ltd. stub au 595, chemn Hllcrest, le Iu di 2 nears, a 19 h, clans la salle du eonseil, et que la daTande sat sourise au Con ite oensultatif durbarisme aux fins Be presentation dun rapport et Be reocaTnendations. A Tissue du vote, la proposition est adoptee. 9.6 Business Inprovement Levy (Councillor Farrenv&drewfromthe neetirrg) The Conrrnrr Clerk advised that the necessary advertising is oonplete v& regard to the Business Inproverrent Levy, that there voB no oli ections received, and that the an-curt of $0.16 per $100. of assessment for 2009 is the same as last year. The M3yor called for meni)er of the public to speak against the amandrrent with no one presenting. The IV) called for nrenters of the public to speak in favour of the anendn-e rt v& no one presenting. Cn notion of Couxillor Titus Seconded by Councillor Mire RESCL\EDthat the by-laNventitled, "A Lawto Amand B)~-IaNv Nunber BA-2, Business In orovenierrt Ley B)~-Ia V, be read a first time. Question being taken, the notion vvas carried Read a first time by title the by--law entitled, "A LaNVto Amend By-INN Nunioer BA -2, Business Inprm ernent Levy By-la V. Cn motion of Councillor Titus Seconded by Councillor Sullivan RESCL\EDthat the by-IaNVentitled, "A Lawto Amend By-INN Nunber BA-2, Business In orovenierrt Levy By-la V, be read a second time. Question being taken, the notion vvas carried Read a second time by title the by-law entitled, "A LawtoAnrand Bylaw Number B A-2, Business Inprm ernent Levy B)~-IaAl'. (Councillor Fanen reentered the neeting) 9.6 Take dameliaation des affaires (Le eonseiller Farren quitte la seance.) La greffrere con n rde indique que les avis requs ort ete publies relativemaft a la taxe dan-dieration des adfaires, qu'aueune dejection n'a ete seulevee et que le montant Be 0,16 $ par tranche Be 100 $ d&aluation pox 2009 demaure le menm que I'an Bernier. Le noire invite le public a exprimme- son opposition quart a la modification, oars pesanne ne prend la parole. Le noire invite le public a exprimme- son appui quant a la modification, naffs pesanne ne prend la parole. Proposition du oorrseiller Titus Appcyee par le censeiller MoGdre RESCLU que I'arrete intitele «Arrete n° BA-2 rradfrant I'arrete relatif a la taxe darrelioration des adfaires» fasse I'dejet dine preriere lecture. A Tissue du vote, la proposition est adoptee 20 94-248 COMM COLMUCONSOL COMML JANUARY 19, 2009/LE 19 JANVI ER, 2009 Preniere lecture par titre de I'arrete irtitcle «Arrete rf BA -2 nmdfiant I'arrete relatif a la taxe darrelioration des affaures Proposition du oonseiller Titus Appuyee par le conseiller Sullivan RESCLU que I'arete intitcle «Arrete n° BA-2 modifiait I'arrete reatif a la taxe da T'dioration des affaires» fasse I'cbjet dune dewderre lecture. A Tissue du vote, la proposition est adoptee. D&Dd6te lecture par titre de I'arete intitule «Arrete rf BIAr2 mxlifiant I'arrete relatif a la taxe darelioration des affedres (Le eonseiller Faren sejoint de nouveau a la seance.) 10. Consideration of Byaaws 10.1 Proposed N nicipal Ran Amendn ent to19B9 Nlarrawagonish Rd A Public Presentation was given for a proposed arr TBnt to the Unicipal Developmal Ran which would: 1. Redesinate on Sciedule 2-A and 2-C of the Ran, from Lm Density Residential to Approved C rcial Developmal, a parcel of land \Mh an area of approm ately 1.75 acres, located at 1989 Nhr magonish Road, also identified as a portion of R D nun-off 55163588. 2. Add the fdloning to the list of Approved Comerdal Develop rant in sub-section 2.4.6.28: "V) a parcel of land Wth an area of appro)daEtely 1.75 acres, located at 1989 NanaAegonish Road, also identified as a portion of RD Nurrber 5516388." 10. nude des anetes nxxricipaux 10.1 Projet de modification du plan municipal relatif au 1989, chenin Nlarrawagonish Une presentation pr blique est dornee relative rent a ui prget de modification du plan dantnagernent rrr.nidpal qui : 1. ferait passer, a I'annexe 2-A et 2-C du plan, la classification dui- parcelle de terrain dune superfide denviron 1,75 acre, situe-au 1989, chemn Nbnmagorish et incite sous le NID 55163588, de zone rdsidentielle de fedble densite a zone dantnagernent corrrrerdal appro ive; 2. ajouterait la paroelle de terrain suvarte a la liste de zones dmbiagamnt ooYnnerdal approuwe a I'alinea 2.46.28: «v) une parcelle de terrain dui- sr perficie deNron 1,75 acre, situe- au 1989, chenin NanaAegonish et incite sous le NID 55163588 10.2 Baking By4awAmendrrent Consideration was given to a report from the City Nbnager reocnT ending that first and second readings be given to the proposed by-lawentitled A By-lawto A TB-d a Bylaw Respecting the Construction, Repair and Demolition of Buildings and Structures in the City of Saint John'. Cn motion of Councillor Sullivan Seconded by Cou cillor Nllen RESCLVEDthat the by-laNentitled, 'A B)~-Lawto Amend a B)~-Law Respecting the Construction, Repair and Demolition of Buildings and Structures in the City of Saint Jdirf, be read a first tine. Question being taken, the motion was carried 21 94-249 COMM COLMUCONSOL COMML JANUARY 19, 200M-E 19 JAMMER, 2009 Read a first time by title, the by-lawentitled A B)~-Lawto Amend a By-Law Respecting the Construction Repair and Demolition of B_ildings and Structures in the City of Saint John' Cn motion of Councillor Sullivan Seconded by Councillor Nllen RESCLVED that the by-law entitled, 'A By- Lawto Amend a By-Law Respecting the Construction, Repair and Demolition of Buildings and Structures in the City of Saint John" be read a second tine. Question being taken, the motion was carried Read a second time by title, the by-lawentitled "A By-Lawto Amend a By-Law Respecting the Construction, Repair and Demolition of Buildings and StrLdues in the City of Saint John'. 10.2 Modification de I'arrete relatif a la c orstruction Examen dun rapport presalb par le cirecteur general recon-rmylant les prernbre et dlewderre lectures du projet darrete intitulb «Arrete modifiant I'arrete relatif a la construction, a la reparation et a la demolition de batimants et de structures dens The City of Saint John Proposition du oonseiller Sullivan Appcyee par le conseiller Nllen RESCLU que I'arrete intitulb «Arrete rrcdifiant I'arrete relatif a la construction, a la reparation et a la demolition de batirrents et de structures dens The City of Sault John» fasse I'objet duce pran iere lecture. A Tissue du vote, la proposition est adoptee. Pren iere lecture de I'arrete intitulb «Arrete modifiant I'arrete relatif a la construction, a la reparation et a la demolition de batirrents et db structures daps The City of Saint John Proposition du conseiller SUlivan Appcyee par le conseiller Nllen RESCLU que I'arrete intituie «Arrete modifiant I'arrete relatif a la construction, a la reparation et a la demolition de batinmr is et de structures dens The City of Sault John» fasse I'objet dune deuiaerre lecture. A Tissue du vote, la proposition est adoptee. Deuxi6m lecture de I'arrete intitulb «Arrete modifiant I'arrete relatif a la construction, a la reparation et a la dern►olitidn de batiments et de structures dens The City of Saint John 11. S.bnissions by Council Members 11.0 B&ilcingCode Act(MayorCourt) Cn motion of Councillor Snook Seconded by Councillor Fa-ren RESCLVED that the letter from Nbyor Coat entitled Building Code Act dated January 15, 2009 be received for irfomrition. Question being taken, the ruction was carried 11. Interventions des mmiores du conseil 11.0 La su- le code du batin errt (moire Court) Proposition du conseiller Snook Appcyee par le conseiller Faren RESCLU que la lettre du rr'dre Court intituiee La su- le code du to timent, datee du 15 janvier 2009, sat acceptee a titre infaYretif. A Tissue du vote, la proposition est adoptee. 22 94-250 COMM COLMUCONSOL COMAVAL JANUARY 19, 2009/1-E 19 JANVI ER, 2009 11.1 Collection of Beverage Containers at City Facilities (Councillor Sullivan) Cn motion of Ca ndllor Sullivan Seconded by Ca ndllor Snook RESCLVED that all city facilities are to have a system of collecting beverage containers for recyding. The funds collected through this system shall be divided betveen Pro Krds and prog-arming at the City's three prograrrmmed Cam-unity Centres v& the exception of those city facilities W ich are ourently donating the said funds to other chaities. Question being taken, the motion was carried 11.1 Collecte des recipients a boisson dans les installations de la Mlle (c onseiller Sullivan) Proposition du oonseiller Sullivan Appuyee par le conseiller Shook RESCLU que tautes les installations de la Mlle scent dotees dun system de oollecte des recipients a bcisson pax le recydage. Les fonds amasses par 1'entremse de oe systerra seron t repartis entre Pro Nds et la programmation des tress oantres conTri rrautaires de la Mlle ti 1'exception des installations de la Mlle qu rerettent aduellerent Iesdts fonds a dautres organisations cayitatives. A Tissue du vote, la proposition est adoptee. 12 Business Matters - N1.nicipal CFFicers 121 Saint John VWter (VAS Uility Fund) Proposed 2009 Ciperating and Capital B.rdgets. (Councillors Titus and McGuire entered the meeting) Consideration vvas given to a report from the City Manager entitled Saint John VvE#e- OA&S Utility Fund) Proposed 2009 Operating and Capital Budgets recorrrnen cling that Council adopt 4 subrritted resolutions and that first and second readings be given to a proposed by-Iavvehtitled AB)~-IavvtoArrendaB~-IavRespectingV\bte-and Cn motion of Ca ndllor McGuire Seconded by Couxallor Titus RESCLVED that: 1. The estimated revenue for the Vote- and Savage Utility for the year 2009 in the amount of $33 217 735.00 be adopted (Apper dx `A" in submitted report); 2. The estimate of expenses for the Vote- and Sa erage Utility for the year 2009 in the amount of $33 217 735.00 be approved (Appendix "A' in subrritted report); 3. The By-Iauventitled A By-LaNto ArrBt a By-Iav Respecting Vote- & Savage (Appendix "C' in submitted report) be given first and second reacting; and 4 The Capital Budget for 20M in the amxrrt of $48,695,000, as set out in the submitted schedule of projects (Apper dx "D1" in submitted report), be approved. Question being taken, the motion was carried Cn motion of Councillor Titus Seconded by Councillor McGuire RESCLVEDthat the by-IaNehtitled, "A B)~-Iavvto Amend a B)~-Iavv Respecting Vote- and Sewerage', be read a first tirre. Question being taken, the motion vvas carried Read a first time by title, the by-laNentitled "A By-Iavto Amend a By-law Respecting Vote- and Sewage" Cn motion of Councillor Sullivan Seconded by Councillor Killen RESCL\ED that the by-laN entitled, "A By- Lavvto Arrend a By-law Respecting Voter and Sewe-age', be read a second time. Question being taken, the motion vvas carried 23 94-251 COMM COLMUCONSOL COMA AL JANUARY 19, 200M-E 19 JANVIER, 2009 Read a seoond time by title, the by-laNentitled "A By-Lavto Amend a By-Lav Respecting V\bter and image" Question being taken, the motion was carried 12 Affaires nunicipales evoquees par les forxttionnaires mxricipaux 121 Budgets d'e)loitation et d'inmobilisation de 2009 relatifs au fonds du reswu d'aqueduc et d'egouts de Saint John (Les conseillers Titus et McGuire sort de nouveau presents a la seance.) Exarrr n dun rapport presente par le drecteur general intitule Budgets de)latation et dinrnobilisation de 2009 relatifs au fonds du reseau daquedruc et degouts de Saint John reoormrandant que le conseil adopte quatre resolutions presentees et que les prem6re et deuxi me lectures scent fates relativerrent a I'arrete intitule «Arrete mo ifiant I'arrete eonoerrra l Ies resew x deau et Ago& Proposition du conseiller McGure Appuyee par le conseiller Titus RESCLU que : 1. le calo.l des reoettes prevues relatif au reseau daquedruc et degcuts pour I'a mbe 2009 au mortant de 33 217 735 $ sat adcpte (annexe «A» du rapport saxris); 2. le calo.l des depenses prevues relatif au reseau daqueduc et degouts pour I'a mbe 2009 au mortant de 33 217 735 $ sat adcpte (annexe «A» du rapport sou ris); a cla x lectures de I'arrete intitule «Arrete modifiant I'arrete caxanant Ies reseaux deau et degaats» (annexe «C» du rapport saxris) scent faites; 4 le budget dinrnobilisation pour I'a mbe 2000 au rrontant de 48 695 000 tel qu 11 est etabli a la liste des prnjets presentee (annexe « D1 » du rapport swamis), sat appromb. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Titus Appryee par le conseiller McGure RESCLU que I'arrete intitU6 «Arrete rrodifiant I'arrete c moennant les rb~ deau et degaats» fasse I'oW dune prerriere lecture. A I'issue du vote, la proposition est adoptee. Preniere lecture de I'arrete intitule «Arrete nmdifrant I'arrete eonoarml les resealuc deau et degauts Proposition du oonseiller Sullivan Appcyee par le ocnseiller Nllen RESCLU que I'anete intitule «Arete rracifiant I'arrete oonoerrra l les resea jx Beau et Ago& fasse I'objet dine deuiaerre lecture. A I'issue du vote, la proposition est adoptee. Deuxi6m lecture de I'arrete intitule «Arrete modifiant I'arrete eonoernant les resew x deau et degoCts A I'issue du vote, la proposition est adoptee. 122 Delatte & Toudne LLP CorsLlting Contract - Fuel Raza Contract Cn motion of Councillor Shook Seconded by Cauncllor Farren RESCL\ED that the Meyor and Corrmon aerk are hereby authorized to execute the an-ending contract betvwen The City of Saint John and Deloitte &Taache LLP, the text of Mich accompanies the City Solicitor's correspondence in this rrartter to Caxrdl, Mich is dated January 16'", 2009. Question being taken, the rrrotion was carried 24 94-252 COMM COLMUCONSOL COMAVAL JANUARY 19, 2009/1-E 19 JANVI ER, 2009 122 Contrat de cornsultation condu aver Deloitte & Touche LLP - Corrtrat de la place Pbel Proposition du conseiller Snook Appuyee par le conseiller Farren RESCLU que le moire et la g-ef6ere o on axde scent autorises, par les presentes, a signer le cortrat de modification entre The City of Saint John et Delatte & Taudne L1P dont le texte aceorrpag-e la correspondanoe redigee par 1'ervocat mmicipal a oat egard le 16jmAer 2009 et ad-essee au ocnseil. A Tissue du vote, la proposition est adoptee. 123 Frequency of Council Meetings Cn motion of Councillor Titus Seconded by C uncillor McGuire RESCLVED that C c rail approve the submitted 2009 Candl meeting sdiedule reflecting regular Caxdl meetings every 2 vueeks to include public hearings and other agenda items, and with the provision for a Ccxml arxVor oonmttee of the W-de n eeting as requred on the "off NbncW'. Question being taken, the motion w?s carried 123 Fr6quenoes des seances du Conseil Proposition du conseiller Titus Appuyee par le eanseiller McClure RESCLU que le Conseil app-owe le cale-&er sour is des seances du Conseil de 2009 selon lequel les seances ordirnaires du Conseil auront lieu toutes Ies deux semaines et induront des audiences publiques et dautres pans a I'orcre du jour et selon Iequel une seance du eonseil ou du oon ite plenier sera ten ue au besan le «Iund sans sea rice orcliinaire A Tissue du vote, la proposition est adoptee. 13. Cormittee Reports 13.1 Enterprise Saint John Update to Council Cn nmtion of Caxicillor Titus Seconded by Councillor McGuire RESCLVED that the report from Enterprise Saint John dated January 14, 2009 provissog an update to Ceuncil v& respect to the projected in-pact on the City of Saint John as a result of the present and future large- scale capital projects, be received for inFarrstion. Question being taken, the motion w?s carved v& C am illor Hggins voting nay. 13. Rapports deposes; par les conites 13.1 Mse a jour devarrt le Conseil d'Enterprise Saint John Proposition du conseiller Titus Appuyee par le eanseiller McClure RESaU que le rapport dEnerprise Sala John date du 14janvier 2009 presenant une n ise ajo r au ocnseil relativement a I'irxidence prevue de grands prgets din7mbilisations actuels et futurs sur The City of Saint John sot accepte a titre inFarretif. A ('issue du vote, la proposition est adcptee. Le conseiller Hggns vote contre la proposition 25 94-253 COMM COLMUCONSOL COMML JANUARY 19, 2MM-E 19 JANVIER, 2009 (Councillor Titus vvithdreNfromthe meeting) 13.2 Substandard Appeals Committee. Cn motion of Ca ncillor Farren Seconded by Councillor McGuire RESCUED that Con7rm Council accepts the resignation of each Mayor G Ivan Court, and Councillors H. Gary Shcivan, Christopher T Titus and J. Carl NlIen from the Saint John Substandard Properties Appeal Committee; AND BE IT FURTHER RESOLVED TH4T each of Maria G Henheffer, QC., Timothy M. Hopkins, Cheryl G Johnson and Nadia NbPhee be appointed to the Saint John ,%lostancard Properties Appeal Com flee for a 2 year penod e)inng on January 19?", 2011; AND BE IT FURTHER RESOLVED THAT the Chairperson shall receive renx.neration in the an-court of $600.00 per day and the Moe-Chairperson the armu-it of $300.00 per day, AND BE IT FURTHER RESOLVED THAT the adnnistrative assistant of the Maya shall provide administrative support to the Saint John S-bstandard Properties Appeal Committee on a trial basis vvith Nana G Henfeffer and Timothy M. Hopkins be appointed Chairperson and Moe Chairperson respectively. Question being taken, the motion ves carried (Le conseiller Titus quitte la saance.) 13.2 Comte dappel su- les residences non corfomies aux nomies de Saint John Proposition du conseiller Farren Appuyee par le conseiller McGLiire RESCLU que le Conseil com Turd ac cepte la demission du moire G Ivan Court et des conseillers H. Gary Shcivan, Christopher T Titus et J. Can NlIen du Comte dappel sur les residences non oc fom,es aux ran-es de Saint John; IL EST DE FLUS FESCLU QUE Maria G Henheffer, c.r., Timothy M. Hopkins, Cheryl G Johnson et Nadia NbPh% scent nomr 'bs au Conte dappel su- les residences non confomes aux names de Saint John pendant une penode de deux ans seteminant le 19jmAer2011; I L EST DE FLUS FESCLU QUE le president regave une r6nn ation de 600 $ par jour et le vice-president, 300 $ parjour, IL EST DE FLUS RESCLU QUE I'adjoint administiatif du moire assure un service administratif au Comte dappel sur les residences non ccrfommmes aux names de Saint John a titre dessai et que Maria G Herfeffer et Tin othy M. Hopkins scent respectivemant norm bs presiderte et mos president. A Tissue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14.1 Letter from Ian Benjamin Pegarcing \Aolafions of Section 39 Conditions by East Point Developmrent Ch motion of Councillor NlIen Seconded by Councillor Farren RESCLVEDthat the letterfrom Ian Benjamin entitled East Pert Developer is Violating Three Section 39 B)~-LauvCondtions be referred to the City Manager, and further, that staff make direct contact within the v/eek vvith affected parties on Ciak land Street. Question being taken, the motion ves carried 26 94-254 COMM COLMUCONSOL COMAVAL JANUARY 19, 2009/1-E 19 JANVI ER, 2009 Cn mention of Ca cillor Sullivan Seconded by Councillor Men RESCLVEDthd Caxxal suspend the reclurematts of Section 5.3 of the Procedxal B)~-Law respecting Special Comrittee of the Verde meeting notice in order to s~e a budget meeting for January 20, 2009. Question being taken, the motion was cared 14. nude des sujets 6mvt6s des questions sournises a I'approbation du Conseil 14.1 Lettre de Ian Benjanin relative aux violations des concitions de I'artide 39 par East Point DL*Moper Proposition du conseiller Men Appuyee par le conseiller Fan-en RESCLU clue la lettre de Ian Boarrin intitulee East Pant Developer ocntrevient a tras ooncitions de I'artide 39 sat transmse au drecteur general et que le personnel corrmnique directerrent au ocurs de la semeine avec les parties conoerriees de la nae Oakland. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Sullivan Appuyee par le conseiller Men RESCLU que le Conseil suspende les emgemmes de I'artide 5.3 de I'arrete procedural ayait trait a I'avis de seance extraxclinedre du ocnite plenier de rraniere a fixer la date duce seance budgetaire au 20janvier 2009. A Tissue du vote, la proposition est adoptee. 15. General Correspondence 15. Correspondance generale 16. Adjournment The Nbyor declared the rreeting adjourned at 10:00 p.m 16. I-Me de la seance Le rraire dedare que la seance est levee a 22 h NIe)ror/rraire Corrn-on ClerWgreffiere corrnUnale 27 94-255 COMMON COLMUCONSOL CON ILA AL JANUARY 26, 20MIM 26 JANVI ER 2009 COMMON COUNCIL mEEnNG- THE aTy OF SAINT JOHN aTYHALL -JANUARY26, 2009 5:45 P.M Presert: Ivan Cart, Mayor Deputy Mayor Chase and Councillors Court, Farren, NIlen, Hgginrs, McGuire, Mott, Shook, SUlivan, and Titus - and - T Totten, City Nbnager, J. Nugent, City Sclidtor, G Yeonrans, Corrrrissia-ff of Finrame and Treasurer, R Groody, C m issioner of Mxidpal Cperatiahs; K Forrest, Corrmssior-ff of Planning and Developnal; A Fbffenroth, Deputy Corrrrissiaherof Buildings and Inspection Services; A Beckett, Deputy City Myoger, B. Reid, Chief of Pdioe, R Sirronds, Fire Chief, B Morrison, Cam issiarier of Leisure Services; E Gamey, Cam-ion Clerk and J. Taylor, Assistant cam-ion ae& SEANCE DU OMML COMMUNAL DE THE aTY OF SAINT JOHN A uHOTEL DE MLLE, LE 26JANVIER 2009 A 17 H 45 Salt presents : Ivan Court, rraire le n -dre suppleant Chase et les canseillers Court, Farren, NIlen, Hgginrs, McGuire, Mott, Shook, SUlivan et Titus et T Totten, directeur general; J. Nugent, avocat n-n opal; G Yew-ms, oorrmssaire aux finrarrces et treswer, R Groody, oorrmssaireauxoperationsmxidpales; K Farrest, oorrmssaire a IVDanisme et au developpenrent; A Fbffenroth, oorrmssaire adjanrt aux services dinrspection et des batinrents; A Beckett, drecteu- general adjanrt; B. Reid, dnef de police; R Sirnonds, chef du service dimendie, B. Morrison, oarrnissaire aux services des Idsirs, ainsi cIue E Gamey, greffiere corn iunale et J. Taylor, g-effier cor u-d a4cinrt. 1. Call To Order -Prayer Mayor Court called the nmeting to order and Councillor Shook offered the opening prayer. 1. Ouverture de la seance, sLivie de la prime La seance est ouverte par le n -dre Court, et le conseiller Shook recite la priere do rverhxe. 2 Approval of MimAm 2 Approbation du proces-verbal a Approval of Agenda Cn motion of Caxxallor McGuire Seconded by Caxndllor Titus RESCL\ED that the agenda of this meeting be approved. Question being taken, the ruction was carried 28 94-256 COMMON ©OLMUCONSBL CANNLAVAL JANUARY 26, 2009/LE 26 JANVI ER 2009 a Adoption de I'ordre du jour Proposition du conseiller McGuire Appuyee par le conseiller Titus RESCLU que I'o-d-e du jour de la presente seance sat adopte. A Tissue du vote, la proposition est adolotee. 4. Disclosures of Conflict of Interest Councillor SLilivan disdosed a conflict of interest v& item 13.2 Ncn inating Com flee. 4. Divulgations de corflits dirterets Le conseiller Sullivan declare titre en conflit din tents avec le pant 13.2 Comte des candidatu-es. 5. Consent Agenda 5.1 That the letter regarding the Canadian Senior Little League Championship requesting funding be referred to Venue Saint John. 5.2 That The City of Saint John accept the "Cffer to Pu diase' from Dm-Ley Ford Sales Ltd. subrritted v& MSC 2009-017 to acquire a rrr.nicipal services easement in & through lands designated RD runner 55116867 for the sum of $102,761.00 upon the tem-s and conditions contained in the said "Cfferto R.irciase'; and that the Mayor and CArrrmon Clerk be authorized to sign all necessary doaxrentation. 5.3 That C uridl accept the insurance package offered byAON Reed Steniouse Inc., and approve payments as outlined in the submtted report. 5.4 That The City of Saint John: 1. Raiew Lease #188 v& the Saint John Pat Authority Corporation for a further tvz (2) year term (cornrancing January 1, 2008, expiring on December 31, 2009), at an annual rent of $325.00 per annun (plus HST if applicable). 2. Renew Lease #192 v& the Saint John Port Authority Corporation for a further tvw (2) year term (cornrancing January 1, 2008, expiring on December 31, 2009), at an annual rent of $2,167.00 per a -rum (plus HST if applicable). a Further authorize the Mayor and Corn-on Clerk to execute the lease rereAs. 5.5 That The City of Saint John enter into agreen ent(s) with Canadian National Reilw3y (CN) to penrrit the installation of a sanitary foroerrain pipe crossing under CN tracks at Mle 1.30 Dry Dock Spur (Saint John) and the installation of a double sanitary parallel pipe crossing in CN Property at Mle 1.31 Dry Dock Spur (Saint John) upon the terms and conditions set by CN in their letters and doaxrrnts subrritted v& NW 2009 - 008 for the sum of $1,900.00 (plus HST if applicable) for each of the crossings; and that the Mayor and Common Clerk be authorized to sign all necessary docurrentation. 5.6 That the letter to Council regarding the Caracla-Russia Challenge be received for information 5.7 That the letter to Cou idl regarding the Centennial of P v eyed Aviation in Canada be received for irforni Lion and refered to the Clertk for followu p. 5.8 See item 141 Ch motion of Ca,ndllor Titus Seconded by Caxrclllor McGuire RESCLVED that the recommendation set out for each consent agenda item respectively with the ecceptioi of item 5.8 Saint John Partdng Commission Appoiirtmant of By-Ladv Enforcement CFficer, \Ahch has been identified for debate, be adopted. Question being taken, the motion w?s carried 5. Questions sounises a I'approbation du c onseil 29 94-257 COMM COLMUCONSOL COMML JANUARY 26, 200 IM 26 JANVI ER 2009 5.1 Que la lettre cle clenuxle cle fina men-fft cle la Canadian Senior Little League Charrpionship (petite ligue senior canadierne) sat transn ise a Venue Saint John. 5.2 Que The City of Saint John accepte l'offre crachat cle Dom ey Ford Sales Ltd. jointe au contrait n° IVC 2009-017 et aoquiere we servitude cle services n-Lnidpaux par le men-fonds inscrit sous le NI D 55116867 pour la som-re cle 102 761$, conforrrenent a la forrre et aux conditions stipulees dens lacite offre dad-d, et que le rraire et la greffiere corn unede scent autonses a signer la clownentation require. 5.3 Que le conseil accepte l'offre dassurances proposee par ACN Reed Stenhouse Inc. et approuve Ies paierrents tels qu'ils sont definis clans le rappcrt presente. 5.4 Que The City of Saint John : 1. procede a la recancluction clu bail n° 188 enre dle-m&nm et I'Achinistration potuaire cle Saint John pour we periode supplerrentaire cle deux (2) ans (a =Toer clu 1e` janvier 2008 juscl f au 31 deoenixe 2009), au nu tant cle loyer fixe a 325 $ par ambe (MM en sus, le cas edleant); 2. procede a la recancluction clu bail n° 192 enre dle-m&nm et I'Achinistration potuaire cle Saint John pour we periode supplerrentaire cle deux (2) ans (a =Toer clu 1e` janvier 2008 j uscl f au 31 deoenixe 2009), au nu tant cle loyer fixe a 2167 $ par ambe (MM en sus, le cas edleant); a autorise le rraire et la greffiere comTu-ale a signer la reoaxkiction des ba x 5.5 Que The City of Saint John condue un contrail: avec la ConWg ie des dnenins cle fer natioraux clu Canada (CN) en vue dinstaller une c oncute cle refoulaTel passant sous les vies ferrees clu CN au pant n illiaire 1,30 cle 1'e0 Dry Dock (Saint John) et que l'installation dune cordate cle refoulaTBI perallde double passant su' la propriete clu CN au pant n ilieire 1,31 cle 1'e0 Dry Dock (Saint John), selon Ies corxlitions etablies par le CN clans Ies Iettres et Ies clocutm is scums avec le contrail n° IVC 20094008 pour la somye cle 1900 $ MM en sus, le cas 6&6ant) pour dnaaan des pants cle renoontre, et que le rraare et la ge sere cam unale scient aatorises a signer la clocxxnentation require. 5.6 Que la Iettre as conseil grant le Defi Canada-Russie sat acceptee a titre irfonratif. 5.7 Que la Iettre au conseil grant le centenaire cle I'aviaticn rrotorisee au Canada sat acceptee a titre infonnnatif et transmse a la greffiere aux fins cle suvi. 5.8 Vdr le pant 141 Proposition clu conseiller Titus Appcyee par le conseiller Mire RESCLU que la recormrendation forrrike pax dnaam des questions scurnses a I'approbation clu Conseil, a 1'exdusion clu pant 5.8 Comn ission su- le stationnenrnt cle Saint John relativement a la nomination dui agent dexecxation des arretes awidpaux, et qu a ete sdectiornee aux fins cle deliberations, sat adoptee. A Tissue du vote, la proposition est adoptee. Council rrerribes corrrrented on various ccrrririty events. C Timantaires presentes par les memixes Les rrentres du conseil s'e #ment su- cliverses activates corrrrr.routaires. 7. Proclamation 7. Proclamation a Delegations/Presentations a Delegations et presentations 30 94-258 COMMON ©OLMUCONSBL CANMLAVAL JANUARY 26, 2009/LE 26 JANVI ER 2009 9. Public Hearings 7:00 P.M 9. Audiences publiqu.ies a 19 h 10. Consideration of Byaaws 10.1 Proposed Water & Sewerage By-LawAmend rient - Schedule "C" Consideration was given to a report from the City Menager entitled Proposed V\bter & S& erage BBL rwAmahdrrent -Schedule "C' recomh ending third reading of the proposed by-lawentitled A B)~-Ltrwto Amend a BBL aN Respecting V\bter and SaAerage" and also recomhending that the proposed subsection 2 of Schedule "C' not be given third reading as a separate report vUll be brought forward for Council's consideration to address the said subsection. On motion of Councillor Titus Seconded by Ca ndllor Moire RESCLVED that the by-laNentitled A By-L rwto Amend a By-Law Respecting V\bter and Smerage' be read. Question being taken, the motion was carried The by-lawentitled, 'A Bdawto Amend a By-L aN Respecting V\bter and SaAerage" was read in its entirety. Cn mmtion of Councillor Titus Seconded by Councillor McGuire RESCLVED that the by-laNentitled A By-L rwto Amend a BBL rw Respecting V\bter and Smerage' be read a third time, enacted, and the Corporate Seal affixed thereto. Question being taken, the motion was carried Read a third tine by title, the by-law entitled "A BBL aNto Amend a By-Law Respecting V\trter and Savage„ 10. nude des arretes nxxricipau x 10.1 Projet de modification relative a I'anete su- les services daquedac et degouts-amexe «C» Examah dun rapport presente par le cirecte,r general intitulb Prco de nmdifrcatien relative a I'arrete scr les services daqueduc et degouts- annexe «C» rec on randant que la troisidm lecture du pro darrete intitu lb «Arete n-io ifiant I'arrete concenhant Ies reseaiuc deau et degou ts» sat faite et que la troisienhe lecture du paragraphe 2 propose de I'annexe «C» rue sat pas effectu be corrpte tenu de la presentation dun rapport distinct concernant ledit paragraphe auxfins detu,rde par le consdl. Proposition du conseiller Titus Appu.ryee par le conseiller McGdre RESCLU que I'arete intitu lb «Arrete mo ifiant I'arrete corxanarht Ies resea.uc Beau et degeuts» fasse I'ot o dupe lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitu lb «Arrete nmdifrant I'arrete eoncernant Ies reseaiuc deau et degcuts» est Iu integralement. Proposition du conseiller Titus Appu.ryee par le eonseiller McGJre RESCLU que I'arete intitu lb «Arrete mo ifiant I'arrete corxanarht Ies resea.uc deau et degcLAs» fasse I'ot o dupe troisidm lecture, que ledit arrete sat edicte et que le sceau eon axial y sat appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture de I'arrete intitulb «Arrete nmdifrant I'arrete eonoemant Ies resaau.uc deau et dega,ts 11. Subnissions by CoundI Members 11.1 Transportation Study Greater Saint John (Councillor Titus) 31 94-259 COMMON COLMUCONSOL COMA AL JANUARY 26, 20MIM 26 JANVI ER 2009 Can motion of Councillor Titus Seconded by Councillor McGuire RESCL\/EDthat Council instruct the City Menage- to strike a working committee consisting of varicus stakeholders (Transit/Parking/Uncipal Operations) to develop a comprehensive call for proposal for a city vide all inclusive transportation study v& service level standards fo n ing part of the proposal and, further, that the City Nbnagef report back to Caxxil with the craft proposal not later than March 1, 2009. Question being taken, the motion was carried 11. Interventions des merrabres du conseil 11.1 btude relative au transport dans le (rand Saint John (c onseiller Titus) Proposition du conseiller Titus Appryee par le conseiller McGuire RESCa_U que le Conseil charge le drecteu- general de Greer un oon ite de travail Constitue de divers inntervenants (operations m nicipales, de statiornement et de transport en Carron) en vue detablir un appel doffres con-pet aux fins dune etude de transport exhaustive a I'ednelle de la ville, que les norrres en metiere de service scient induses clans la proposition et que le drecteu- general fasse un Cor pte rendu au Conseil en lui presentant la proposition proviscire did au 1e` rrars 2009. A Tissue du vote, la proposition est adoptee. 11.2 Exempt Individuals from Water Rate Increases (Councillor Kl len) Can motion of Councillor Nllen Seconded by Councillor Sullivan RESCL\ED that the letter from Councillor Kn11en dated January 21, 2009 regarding an exemption from flat rate vvater use increases be referred to the City manager and the City Solicitor for a report and recommendations. Question being taken, the motion vvas carried v& Councillor Titus voting nay. 11.2 Exoneration des augmentations de la taxe Beau pour les particxliers (c onseiller Kllen) Proposition du conseiller Kn11en Appuyee par le conseiller Shcivan RESCa_U que la lettre du conseiller Kn11en datee du 21 janvier 2009 relative a une exaneratic n des arigmentations de la taxe deau forfa itaire scit transmse au drecteur general et a 1'ervocat municipal en vue de 1'etablissement dun rapport et de la presentation de recorml=andations. A ('issue du vote, la proposition est adoptee. Le conseiller Titus vote Contre la proposition. 12 Business Matters- Municipal Officers 121 Saint John General Fund: The 2009 Operating Budget Referring to a submitted report, The City Manager outlined the 2009 City of Saint John Crating Bxlget. Can motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the sum of $125,939,949 be the total Cloerating Fund Bridget of the City of Saint Jon for 2009 as detailed in the submitted Appenndix Py and; RESOLVED that the estin-de required to be raised by levy on real property assessment liable to taxation under the Assessment Pot v~ithin the City for the year 2009 be adopted in the amount of $98,305,534, and; 32 94-260 COMMON ©OLMUCONSBL CANNLAVAL JANUARY 26, 2009/LE 26 JANVI ER 2009 RESCLVED that Con non Carol orders and directs the levying of $1.785 per hundred dollars of assessr ent by the Master of Local Goven nrernt on real property liable to taxation under the Assessr ent Act vvithin the City, and; RESCLVED that Comm Carcil authorize the CaYnissiane- of Finance to cisbu se, at a time acceptable to him, to the named Camissians, Agencies and Con rittees, the approved funds as contained on Appendix B of the submitted doamient. RESCLVmthat Comm Carol approve and endorse the Policy Directions as contained in the section of the scbrritted report entitled "Long Term 2010 and voting nay Question being taken, the motion wets carried vvith Ca x illor Hggins The Mayor amanoed the Pension Ran Special Camittee of the Wide meeting saneduled for January 31, 2009. Councillor Court expressed his desire to be appointed as a representative of Council to the Pension Board of Trustees. Cn notion of Cc ncillor Titus Seconded by Councillor Sullivan RESCLVED that Ccrnrnon Council make the falovving reconT Lion: to appoint Councillor Court to The City of Saint John Pension Board of Trustees for a 3 year term ending Jan-lacy 22, 2012. Question being taken, the motion wets carried 12 Affaires nunicipales evoqu6es par lesfoictiomaires nxxricipaux 121 Fails dadrrinistration de Saint John : budget dexplatation de 2009 Faisant reference a un rapport depose anterie rennent, le directeur general presente le budget dexplatation cle 2009 de The City of Saint John. Proposition du conseiller Titus Appuyee par le eanseiller McGuire RESaU que le total des fords prevus au budget de)0oitation de The City of Saint John s'eleve a 125 9139 949 $ pax I'an 2009, tel clue I'indique I'annece «A» presentee. RESaU que la son7m appromni tive, clevant titre prdevee sLr ('evaluation des hens reels clans la vi11e assujettis a I'irrp6t en vertu cle la Ld suff6valuation pour I'an 2009, sat adoptee au monttant cle 98 306 534 RESaU que le eonseil ocmTunal ordonne et dea ate le prd6vennent cle 1,785 $ par trandne cle 100 $ devaluation par le n iristre des Gouvemements locaux scr les biens reels dans la vi11e assujettis a I'irrp6t en vertu cle la Ld suff6vaU#ion. RESaU que le eonseil oarrrunal autonse le corrmssaare aux finances a verser, a un moment qui Iu est opportun, Ies fonds apps rves aux c rmssio ns, aux organisrres et aux oomtes designes, selon oe clue prevat I'annace «B» clu clocxurrent presente. RESaU que le eonseil oarrrunal apps ee les directives telles quelles scent d6cites clans I'article du rapport presente intitue « Long to re : I'an 2010 et au-deli A ('issue clu vote, la proposition est adVee. Le conseiller Hggns vote centre la proposition Le mare annonce que la seance extraorcinaare clu ocmte plenier sur le regirne cle retraate aura lieu le 31 jmAer2009. Le eanseiller Court indique coil sauhaite titre norrnr6 a titre cle representant du Conseil c om unal au sein du Conseil cladn irlstratian du regirne cle retraate. Preposition du eonseiller Titus Appuyee par le conseiller Sullivan 33 94-261 COMMON COLMUCONSOL COMA AL JANUARY 26, 2009 M 26 JANVI ER 2009 RESCLU que le Conseil oomTurEd fom ule les recormneindations suivantes : clue le conseiller Court silt ram-6 pour sieger au Conseil dada iristration du regime de retraite de The City of Saint John pour we *ode de trds ans se teminant le 22 janvier 2012. A Tissue du vote, la proposition est adolotee. 13. Corrnittee Raloorts 13.1 Destination Marketing Agreement Between The City of Saint John and Gail Brenne: Cn motion of Cc ndllor Titus Seconded by Cc ndllor McGuire RESCL\ED that the Meyor and connron aerk are hereby authorized to execute the Errployrrent Plea ent between Ms. Gail Brenner and The City of Saint John, substantially in theform submitted to Ca.ndl on January 26, 2009. Question being taken, the mmtion was carried 13. Rapports deposes par les conites 13.1 Entente de marketing de destinations entre The City of Saint John et Gail Brenner Proposition du oonseiller Titus Appuyee par le conseiller McGuire RESCLU que le mire et la g-effiere ocnTax ale silent autorises a sig-ff le contrat de travail entre W Gail aem-er et The City of Saint John fondama-italemaft tel gUil est presente au oonseil le 26jarMer 2009. A Tissue du vote, la proposition est adolotee. 13.2 Norrinating Conmittee (Councillor Sullivan withdreNfrom the meeting) Cn motion of Councillor Titus Seconded by Councillor McGuire RESCL\EDthat Council nrke the fdloWng appoirtments: Heritage DL*Mopment Board -to appoint Grant Heckrnan be for a 3 year term ending January 26, 2012. Aquatic Center Conmission -to appoint Ruth Sullivan for a 3 year term endng January 26, 2012. Leisure Sevices Advisory Board -to appoint Cr. Andrea Garland for a 3 year term endng January 26, 2012 and to appoint Ca.ndllor Mott until the end of his term on Council. Question being taken, the mmtion ves carried (Councillor Sullivan reentered the meeting) 13.2 Comte des cancidahxes (Le conseiller Sullivan quitte la seance.) Proposition du oonseiller Titus Appuyee par le conseiller McGuire RESCLU que le Conseil procede aux non inations suivantes : Conseil darnbnagen ent du patrimoine : Nomination de Grant HedqTm pour we *ode de trds ans se teminant le 26janmer2012. Conrrission du centre aquatique : Nomination de FUh Sullivan pour une periode de trds ans se temirnant le 23janvier2012. 34 94-262 COMMON OOLMUCONSOL CANNLAVAL JANUARY 26, 2009/LE 26 JANVI ER 2009 Conseil c onsultatif des services des loisirs : Non ination de W And-ea Garland pax une periode de trds ans se termnant le 26jarMer 2012 et du censeiller Mott jusgUl la fin de son man slat actuel aU sein du Conseil. A Tissue du vote, la proposition est adolotee. (Le conseiller Sullivan sejoin t de nouveau a la seance.) 14. Consideration of Issues Separated from Consent Agenda 14.1 Saint John Paridng ConTnission Appointn ei of By-Law Enforcement Cffioer Cn n-otion of Cc ncillor Titus Seconded by Cc ncillor McGuire RESCLVED that, pursuant to Section 14 of the Police Act of the Province of New Bu-& cK the Conmon C ml of The City of Sant Jdm does hereby appoint the fdlowng rran ioer of the Canadian Corps of Conrrissionaires as B)~-Lauv Enforcement CIfioer with the responsibility and authority to erforce provisions of the Partdng Mater B)~-Ladvaid provisions of Section 5, Section 7, Section 8(1), and Section 15 of the Saint John Traffic B)~-Ladv, nramely: Patrick Shannon; and further, that this appointment shall continue until such tine as the appointee ceases to be a r eniber of the Canadian Corps of Comrissiordres or Ail the appointment is rescinded by ComTm Ca.ndl, W id-ever corms first. Question being taken, the motion was carved 14. nude des sujets 6mvt6s des questions sourrises a I'approbation du conseil 14.1 Corrnission sur le stationnerrient de Saint John- Nomnation dun agent dexec ution des arretes m nicipaux Preposition du oonseiller Titus Appuyee par le oonseiller McGLjre RESCLU clu'en vertu de I'artide 14 de la Ld surla police de la province du Na A eau -Bm-& ck, le Conseil oa rTnj-d de The City of Saint John, par Ies presen tes, nomnm le rrerrbre suivait du Corps ca-eden des ommssaires, a titre dagent drarge de 1'exec ution des arretes nwicipa Dx investi de la responsabilite et de 1'autor to dapplicluer Ies dispositions de l'an-6t6 sur Ies paroon tires et Ies cispositions des articles 5, 7, 8(1) et 15 de 1'arrete sur la droulatioR notan n ant : Patrick Shannon et, de plus, clue oette nomination scit en vigueurjusgda tel monnant oa oette derniere oesse detre mmrbre du Corps ca-e dien des conT issaires ou jusclu'a ce clue telle non ination scit annulee par le Conseil ocnTax 1, selon la premiere eventualite. A Tissue du vote, la proposition est adolotee. 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 7:20 p.m 35 94-263 COMM COLMUCONSOL COMA AL JANUARY 26, MM M 26 JANVI ER 2009 16. Levee de la seance Le n-dre dedare que la sea-o-- est levee a 19 h 20. N/byuftdre Lamm a Wg'effiere ccmTunale 36 Fundy Region Solid Waste Commission _ e Commission de gestion v des dechets sol'ides de d' . Fundy January 29, 2009 City of Saint John PO Box 1971 Saint John NB E21- 4L1 Reference; User Fee Program Mayor Court and Council; PO Box/ CP 3032, Grand Bay-Westfield NB E5K 4V3 T. 506 738-1212 • F 506 738-1207 hotline fr fundyrecycles.COm On behalf of the Fundy Region Solid Waste Commission, I am writing in support of your Council's resolution to move towards a User Fee Program for garbage. The Fundy Region Solid Waste Commission has established a tiered fee structure to encourage waste diversion. Garbage is charged at $108 per tonne, Compost $35 per tonne and the Blue Bin Recycling program has no fee. All of our waste diversion programs are supplemented by the landfill tipping fee, because we believe that prolonging the life of the landfill, saving natural resources, and reducing greenhouse gases will benefit all residents of the Fundy Region. The City of Saint John's resolution to more towards a user fee model for garbage collection will offer a direct economic payback to residents. These economic incentives give people motivation to modify their behaviour. Communities across Canada, throughout the United States, and across the world understand the cornerstone of any strong diversion program must be based on limits or a fee system. "Pay as You Throw„ systems lead to reduced garbage, higher diversion rates, and economic savings for the municipality. If the Commission can be of any assistance, please do not hesitate to contact us. Regards, Ida MacPherson Chair, Fundy Region Solid Waste Commission 37 ~~1 E Mayor Ivan Court and Members of Common Council Feb. 9/09 City of Saint John Hand delivered Dear Elected Representatives: The Saint John Police Protective Association, representing the officers of our City take great pride in protecting the citizens and businesses 24 hours each and every day. Our members appreciate the support we get from the taxpayers. It is disappointing that we do not get the same support from the majority of those on Common Council who want to destroy many of our pension benefits and completely ignore the signed agreement with all of the employee groups. As you can appreciate, some of those we have to deal with attempt to injure, maim and kill our members who are protecting the public. When our members answer calls of armed robbery, bar fights, domestic disputes or disarm drug dealers they have to know that they will be protected just as we protect you the citizens of Saint John. Police work, wherein we provide a 24 hour service, takes a huge toll. on our overall health resulting in many illnesses and diseases. The motion of Council removes our disability protection and would result in members suffering loss of employment and income. In order to avoid lengthy sick leave and burnout from the many years of stressful work our members can retire without a financial penalty when their age and service total 85. This saves the City money and allows young officers to be hired, allowing our Police service to continue to 38 move ever forward. This benefit recognizes the health / safety concerns and is common in police pensions across Canada with many having the 80 factor as acknowledged by the Federal government. The motion of Council would also reduce the pensions of police officers by thousands of dollars making it financially impossible to retire. Changing our pension from an average of earnings over 3 years to 10 years and reducing the annual increase in pensions to 1% is a complete disregard to the many years of dedicated protection given to the citizens of Saint John. Many of our members have planned for their retirement for the last 20 years or more, paying above average contributions (presently 10. 5%) and relying on the promised benefits. It is totally hypocritical for Councillors Titus, McGuire, Sullivan and Killen, who are in the provincial pension plans that received $131 million in special pension payments from the taxpayers, including our members, to avoid any benefit reductions to now sit at Council and deny our members the same consideration. It has been recognized throughout Canada that special pension payments are required due to the stock market situation. Saint John is on the cusp of an economic boom that will increase tax revenues and create greater policing needs - the tax base has increased and the City budget went up by 5.1 This Council must realize that funding a pension for police officers who put their lives on the line each and every hour of the 24 hour day is the cost of doing business - this was done by us the taxpayers for Crown prosecutor Titus, Civil servant McGuire and Teachers Sullivan and Killen. When you are in your safe offices, classrooms, workplaces or homes our members are out on the street facing constant danger and life threatening situations. It was the 4 City unions that got the provincial government to exempt municipalities from the solvency valuation that reduced the City 39 contributions by $88 million. The City employees also increased pension contribution to 10.5% putting another $2 million into the plan. It is totally irresponsible for Councillor Titus to bring forward these proposed changes without any costing or understanding of the ramifications. The effects on recruiting and retention will be devastating to the policing of Saint John. Over the last few days since the irresponsible actions of Council the morale of our members has plummeted with a feeling of betrayal from this Council. It is obvious that Councillor Titus and some others want to purchase new buses and build political monuments on the backs of City employees. We would suggest that. Councillor Titus and the rest of Council put their efforts on collecting the millions of dollars owed by the Irvings in unpaid water payments that could be used to make the necessary pension payments but I guess that does not get as many cheap headlines. As stated, the signed agreement (attached here to) between the City and employees ensured that there would be no benefit changes before Dec.31 st109 at which time it was agreed to hold meetings again to reach a mutual resolve to these matters. On the trust of this agreement we supported the exemption of the "solvency valuation" saving the City $88 million and we increased our contributions by 2% putting another $2 million into the plan. If this agreement is not going to be honoured we request a return of our extra 2% with interest retroactive to March 1St, 2007, and the 2% deduction be ceased immediately. However if the aforesaid agreement is honoured, we look forward to meeting with you to discuss a mutual resolution for 2010. The police officers of Saint John will fight this injustice with the same determined resolve that we fight the criminal element every day. 40 We thank those on Council who understand the retrogressive ramifications of the proposed changes and herein request Council to reconsider the proposed changes, honour the signed agreement and rescind the motion to destroy our pension benefits. Therefore we request to appear before Common Council on February 16" 2009. Thank you for your reflection. i'~Io t Ty~ eff France e,"sident Saint John Police Protective Association 41 I 1 t 1 L-/4 1-1 P- Memorandum of Agreement BETWEEN: The Saint John Beard of Police Commissioners (the Employer) and .AND: CUPS Local 61 (the Union) Whereas an actuarial valuation of the City of Saint John Employee Pension Plan (the Plan) as at December 31, 2003 has shown a significant funding shortfall on a going- concern and solvency basis, and; Whereas in accordance with the Pension Benefits Act of the Province of New Brunswick the Employer has legal responsibility to make special payments over a period of up to 15 years to pay for this funding shortfall, and; Whereas the parties to this Agreement recognize the importance of the Plan in the overall compensation of city employees, and; Whereas in an effort to protect the provisions of the Plan and in recognition of the significant financial challenge being faced by the Employer the Union has recognized the importance of finding a shared solution with the Employer in addressing this funding shortfall, Therefore it is agreed that: 't'here will be no reduction or enhancement of benefits provided for in the flan during the three year period to December 31, 2009, and; The Union will endorse and encourage its members to support the Employer's application to the Superintendent of Pensions for exemption from the solvency funding payments requirements of the Pension Benefits Act, anal; Notwithstanding the provisions of the Plan, employee contributions to the Plan will be increased by 2% of Pensionable Earnings effective March 1, 2007 to offset a portion of the contributions otherwise required from the Employer to fund the going-concern funding deficiency; such additional Employee contribution shall be deducted by the Employer from the Employee's earnings at each pay period and shall be paid to the Pension Fund by the Employer as soon as reasonably possible thereafter, and; The increased Employee contributions will continue for a period of three years or until such time as the Plan's going-concern funding shortfall is eliminated whichever is sooner, and; At no time during the three year period shall employee contributions be greater than contributions from the Employer, and; 42 The City shall seek amendment: to the City of Saint John Pension Act so that commencing in 2010 employee contributions will be set at 50% of current service cost provide however that in no event shall Employee contributions be less than 7.5% or more than 9% of pensionable earnings, and; The Employer will be responsible for making funding payments over and above the amount contributed by employees sufficient to satisfy the going-concern funding requirements of the Plan as required under the Pension Benefits Act with a minimum contribution rate of 7.5% of pensionable earnings commencing in 2010, and; The Employer will correspond with the Board of Trustees of the City of Saint John Employee Pension Plan requesting that serious consideration be given to the suggestions made by the Civic Unions regarding actuarial assumptions to be used as part of the valuation of the Pension Plan to be completed as at December 31, 2006, and; The Union will support all amendments required to be made to the City of Saint John Pension Act to effect implementation of the terms of this agreement, and The parties are committed to commence discussions no later than September 30, 2007 to look at the long-term funding aspects of the Plan including development of a detailed funding policy. Dated this 0 day of 11AKCH 2107. FOR THE CIVIC UNION FOR THE EMPLOYER NEGOTIATING COMMITTEE zL,G LoL o 1 06/ c u pe 43 February 10, 2009, The Common Council of Saint John. Your Worship and Councillors. I am writing this letter from the great office of citizen. It is well to remember that in our form of democracy the highest office of all is the office of citizen. Thirty-seven years ago a former City Manager, as part of his negotiated terms of employment, wished to be excluded entirely from the City's Pension Act for various reasons including the maximum pension provision. At that time part of the negotiated terms of employment was a one thousand dollar Supplement Pension Trust but when the attempt to amend the Pension Act failed, the City approved a "Deferred Compensation Plan in the amount of eighteen hundred dollars ($1800) for 1972... Said sum in lieu of retirement supplement which was precluded by failure of the City to obtain the necessary legislation..." Now under a Council resolution of May 2002, the City Manager in addition to receiving a so called supplemental pension, can expect no financial restrictions that would normally be there under the maximum provision of the Pension Act while at the same time remaining a member of the Plan. On May 13, 2002 Common Council adopted the following resolution: "1.That effective December 16,2001, the salary for the position of City Manager be set at an amount equal to the top level in the management pay scale as approved by Council on an annual basis, divided by a factor of .8. 2. That the City provide the appointee to the position of City Manager with a supplemental pension calculated as 2% of the annual salary at the date of retirement for each of the five years of service commencing December 16, 2001. 3. That the City Manager be provided with the option of retiring any time after he or she reaches the age of 55, with a pension as calculated under Section 10(2) of the City of Saint John Pension Act and, should the employee select this option his or her pension shall be calculated as per the City of Saint John Pension Act as of the employee's retirement date and compared to that as calculated with the sole reference to section 10(2) of the Act, and this calculation shall be made once on the date of retirement and, should the amount calculated under the appropriate provisions of the Act be less than the amount as calculated under Section 10(2), the City shall annually pay the amount to the employee in the same manner as the employee's pension as stipulated in Section 10(3) of the Act." Obviously the City Manager is relying on this resolution to support his recent remarks to the media, that his only benefit upon leaving is his pension. Pensions to government and public officials are normally paid under specific Pension legislation. For example, in the 1930s the Saint John Power Commission in order to establish pension benefits for its employees petitioned the Provincial government for the necessary legislation. In 1947, the City of Saint John did the same for its employees. There is also precedent showing where the City has obtained amendments to its Pension Act for individual employees. 44 At the provincial level, the present Municipalities Act provides for Municipal Pension Plans through the enactment of a By-Law. Nowhere are pension benefits mentioned in legislation through the adoption of a resolution. Several provinces have legislation to cover Supplemental Pension Plans. The New Brunswick Pensions Benefits Act contains the following definition. "Bridging benefit means a periodic payment provided under a pension plan to a member of the Pension Plan for a temporary period of time after retirement for the purpose of supplementing the member's pension benefit until the member is eligible to receive benefits under the Old Age Security Act (Canada) or commences to receive retirement benefits under the Canada Pension Plan." Section 27 of the Pension Act sets a limit to the maximum pension to be received by an employee of the City. The third part of the May 2002 resolution appears to be relaxing that condition for the City Manager but in a very unclear public policy decision not only for the present City Manager but for all future City Managers. You can arrive at that conclusion by the general words and inferring that the financial limit of the maximum pension provision has been brushed aside and overcome by the words "calculated with sole reference to Section 10(2) of the Act." Also you have to infer that the words, "calculated under the appropriate provisions of the Act" is referring to the maximum pension under Section 27 of the Act. And then you have to guess that the amount "the City shall annually pay" is the difference between the maximum pension allowed under the Act and the amount calculated under Section 10(2) of the Act From the foregoing it can be seen that this resolution is either a convoluted attempt to lead the citizens into a state of confusion or the person drafting the resolution for Council did not appreciate and understand the importance for clarity when attempting to achieve results by making exceptions to the application of legislation. The wording of this resolution makes it difficult for the public to decipher. And even though the taxpayers must pay the bill this resolution keeps them in the dark as to the full scope and cost of the package. I am uneasy at the thought that this resolution, in this form, increases the benefits for future City Managers and has the potential for far reaching consequences beyond the initial intention. The maximum pension provision or pension cap has been the subject of numerous discussions over the years by senior management staff If this resolution works as a means to an end for one senior position, its precedent can work as a means to an end for other senior positions. As the maximum provision of the Pension Act only has real meaning and operates only in the area of senior salaried employees, the maximum pension Section, from the standpoint of the taxpayer, can be nullified or indirectly repealed for all intents and purposes through the use of a similar resolution for other senior employees. I am troubled by a weird wording that simply wants to say that the City will pay from general revenue the difference between the maximum pension allowed under Section 27 of the Act and the pension calculated under Section 10(2) of the Act. Depending upon the age and service of a City Manager, I am troubled by a benefit beyond the regular pension, that has the potential to exceed a half million dollars or more from the City's general revenue over the life of a City Manager after retirement. 45 In the circumstances it seems that the City has no option but to classify the monthly payments as other income, or as pension, and as pension resting on what could be the dubious authority of a mere Council resolution. In the tradition and history of Pension plans all over the country, calling this benefit a pension is about as absurd as calling a mouse an elephant with a glandular problem. Transparency and openness is as much about respect for reality as it is for removing darkness and obscurity from government action. For Income Tax purposes the City is required to classify this benefit into some category, and call it what you well, it looks like a severance package to be paid monthly over the life of a City Manager after retirement. This resolution, in particular the second and third part, is unconventional in Municipal government and is without precedent in the history of the City. Whatever was intended should not be left to inference and a guessing game. And while Council may choose to ignore these public policy concerns, transparency, accountability, and prudence demands at least action by Council that will provide fill meaning and intelligible expression to the resolution. Yours truly, (source verified) Frank Rodgers. 46 130 Debly Ave Saint John N.B. E2P 1J1 Feb 5, 2009 For Open Session Re: Unanswered letter concerning Expropriated Lands Mayor and Council On Wednesday August 27, 2008 two copies of the attached letter were hand delivered to the receptionist at the Common Clerk's Office of the Saint John City Hail. Apparently the regular staff was absent that day but the lady at the reception desk received both copies stating eleven copies would be made for Mayor and Councilors and then sent out in their weekly packages. Additionally, she said the copy for the Legal Department could be left with her and it would be delivered to the appropriate person. Five months have passed and the City has neither replied to nor acknowledged my letter of August 25, 2008. There has been absolutely no communication from any office at City Hall concerning this matter and the reason for this is unclear. As the previous letter stated, there is an unsettled issue of access to the back portion of my property because of the City's expropriation. Would the City kindly indicate how it is willing to proceed with this matter? Sincerely, Mrs. A.J. Debly cc: City of Saint John Legal Department 47 130 Dchly \ve Saint John L2P 1.11 AUg 25, 20Wri For upear session Re: Expropriated lands can the Estate ol`A J Debly Mayor and Council In November 2005, City Cuuracll Voted Unanimously to expropriate land in iced Head for tyre Secondary Access Road. At the expropriation hea riaa.,, in April 1046. City Staff-explained the road would not 'prevent land owners Ior having access to the cut oft'portion ofproperty and were entitled to "limited access" onto the new road. Finxaliv in October 2007 the secondary road. locally known as the "LNG 1iighwvay", was Completed and turned over to the city of Saint John. Althocrgh continuer] access to the rear- portion of land Nvas indicated during [lie hearing, no provisions for this were made during construction and it is this matter which 1would like, Council to address. There are nowy two deep ditches on the east Land west sides ofthe road. These make it Impossible to use our resource road wvhich formerly entered an are,r where our family garden existed, To get a tractor, or evert ar small rototiller, onto the rear portion of the property is currently not possible. I would Bice to know how the City wishes to settle this matter. Perhaps legal cuMnSel will suggest this expropriation is settled; yet, this iSSUe of access remains unresolved, If the Mayor• rrnd Council are not capable ofdealing with this matter, 1 kindly request iaanaaedlrate writkeaa notification oFthat decision. At my age, I do not look forward to legal proceedings where l mrast zrrgue for access to racy own property access which is denied as a result of the City's expropriatioll. I am a senior citizen who has lived in Saint John my entire life. Other than the years I spent in the Royal Canadian Air Force, from 1943-1945, 1 have always hN ecl in the east end of our city and Raid Head has been nay horns; since 1956, I, thcrefure, w-Ould mdwr enjoy these senior years with nay children rInd grandchildren than fight legal battles with the city I have always considered my home. I look forward to your written response 5incerclw. Mrs A J IOebly cc: City of -Saint John Legal Department 48 REPORT TO COMMON COUNCIL M & C - 2009-39 13 February 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tenders for Sedans BACKGROUND: } City of sent John Each fall staff of Materials and Fleet Management undertakes a review of the fleet status as it relates to the Optimum Replacement Point Values for the Life Cycle Program and creates a recommended list of vehicles and equipment that require replacement in the coming budget year. This list of recommended replacements is then reviewed with each department to ensure that there still exists a need to replace a recommended vehicle or to determine if their service profile requires a different set of priorities for new or replacement vehicles. Once this process is completed the next step requires the creation of specifications in preparation for tendering. Given the complex nature of some of the equipment and the fact that equipment manufacturers are constantly improving or changing their models, the specification process can be quite lengthy depending on the type of equipment. It has been staff s experience that the most effective approach to tendering for new vehicles is to split the City's requirements along the lines of - "Cars and Light Tricks, up to 3/4 Tonne size" and "Heavy Tricks and Constriction Equipment". This provides the opportunity to prepare, distribute, receive, and award the car and light trick tenders early in the year. This serves 2 purposes, 1) it allows bidders to quote on the current model year, rather than the new year models, which results in some modest savings, and 2) provides delivery early enough so that the cars being replaced can be used by Fleet in a Pool. This pool, which is maintained until fall, is used to provide cars for short term, seasonal usage without the need for costly commercial rentals. 49 Page Two ANALYSIS: On Wednesday January 21, 2009 tenders closed for this first phase of the 2009 Fleet Replacement Program. Included in the bidding were the following requirements, Tender Number Description Need 231009T I only Mid Size Hybrid Sedanto Replace a 2001 Ford Taunus - Leisure Services 231010T 4 only Compact All Whl Drives 1 to replace Vehicle 919 a Mid Size AWD being transferred to Fire to replace a 2001 Ford Taunus in Fire Prevention 2 Additions to the Fleet necessitated by the hiring of 2 new employees in Municipal Operations I Addition to the Fleet required to replace a long term rental vehicle in Facilities Management, Carpenter Shop Summaries of the bids received in response to these tender calls are enclosed for the information of Council. Staff from Materials and Fleet Management have reviewed the bids and have found them all to be complete in every regard. It is therefore recommended that the lowest bidder in each case be awarded the tender as indicated on the enclosed summaries. FINANCIAL IMPLICATIONS: The total cost of the new and replacement vehicles, if awarded to the lowest bidder as indicated on the enclosed summaries, will be $109,615.00 plus tax. This is a planned expenditure and as such fiords to cover the cost of the vehicles is included in the 2009 Fleet Replacement Budget. 50 Page Three RECOMMENDATION: It is recommended that the tenders for the supply of I new mid size hybrid sedan and 4 new compact all wheel drive sedans be awarded to the lowest bidders to meet the requirements of the tenders as indicated on the enclosed summaries of bids. Respectfully submitted, David J. Logan Purchasing Agent T.L. Totten, FCA City Manager 51 City of Saint John Tender 2008-231009T SEDAN-MID-SIZE HYBRID DESCRIPTION Sedan Mid Size Hybrid DOWNEY FORD SAINT JOHN TOYOTA $29,300.00/ea 2009 Toyota Camry SAINT JOHN TOYOTA Indicates recommendation $31,987.00/ea 2010 Ford Fusion 52 $27,127.00/ea 2009 Toyota Prius City of Saint John render 2008-231010T O~PAGT. ALL WHEEL DRIVE SEDAN_C DOSSON CHR YSLER DESCRIPTION Muniai pperations - 3 $ 20,622.00 cip enter Shop " 1 2009 Jeep Compass Carp Indicates Recommendation SAINT JOHN TOYOTA $22,555.00 2009 Toyota Matrix 53 CENTENNIAL pONT1AC $ 24,200.00 2010 Pontiac Vibe M&C-2009-040 Febwary 13, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Land Acquisition Thorne Ave Lift Station #4 Project - Easement through lands of Voyageur Properties Limited. BACKGROUND: On September 26, 2006 Common Council accepted funding from the Municipal Rural Infrastructure Program (MRIP) for Harbour Cleanup and entered into an agreement for the finding. On March 26, 2007 Common Council resolved to utilize the municipality's expropriation powers to ensure the timely acquisition of the land requirements. On April 14, 2008 Common Council resolved that the City Manager be directed to proceed to negotiate the acquisition by agreement, of all land interests required in connection with the proposed Lift Station 44, associated force mains and gravity sewers to a maximum of 125 per cent of the appraised value. Subsequent land survey work and value appraisal work has been largely finalized. Pursuant to Common Council's April 14, 2008 resolution, negotiations with the various affected land owners have been initiated towards acquisition by agreement of all land interests so required by the City of Saint John. Staff has successfully negotiated an agreement with Voyageur Properties Limited for the City's easement requirement in PID 00419101 upon the terms and conditions as attached, subject to Common Council's approval. A copy of the design plan and the proposed Plan of Survey are also attached. The negotiated price falls within the resolution adopted by Common Council on April 14, 2008. The market value of the easement requirement was determined to be $640.00 by David Babineau A.A.C.L, of deStetcher Appraisals Ltd.. The negotiated price is $800.00, being 125% of the appraised value. 54 Report to Common Council Februan- 13, 2009 Page 2 This is the seventh negotiated easement for this project that has been brought to Common Council for its consideration and approval. Staff is optimistic that negotiations with three of the other affected land owners can be successfully concluded in the next few weeks, and can then be brought forward for Common Council's consideration. Negotiations with all of the other affected land owners continue. RECOMMENDATION: That The City of Saint John acquire from Voyageur Properties Limited municipal services easement in & through lands designated PID 00419101 upon the terms and conditions attached to M&C 2009 - 040 for the sum of $800.00, and 2. That the Mayor and Common Clerk be authorized to sign all necessary documentation. Respectfidly submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager PW P 55 k { 11 @~ 4 t 4 „ ~aa I ?.EfEND ~ssaa onww g wi»€ ~ 3 i BAYVDEDRIVE - FORCEMADI (REDHEAD RV, j 'j _ ROAD TO THORNE AVE) cxtrt~awoxm.~ f om ms, STATKN 02 AT UTitE RR~EFB EA38PRENA RE QW - ~ fFPR~SAE ~ xwie ® R °+-s "i Drees' u ' ~ G8 a,+1! ~ pp ~ p [ ~ ~t-La Rwbaa.++a~ Kew[ ' r's+: 4 ~ ~ 4®.+3~ q amia er a+mnr +Y~wrs~a 27 ...W613': PP06, f 009 2:20:26 PM f r, 7 363 900 - 7 363 9D0 / f O f / / - f Key Plan/Carte de r6ference Emeuefspye i 15.000 f f J ~ R1 R F Data/In`ormation d'enregistrement ( Doc, 19995746 Grond Forest Holding In_orporoted Reg. M- i 17,2005. f / / J f f Eng. Mars 17, 2005. Voyoceur Properties Limited Notes f f 1 )Directions e N. 9. one °nmuths derived from observations °n N.B. Mon. 28160 . f f 1 } Les orientation=-- sort des a routs du systbme geoeesiCUe du RE / / ` / f ! ( derives d•obsorv°ti°ns du m umenn 28160 2 ) All distances are i metres o t M be - p q ivdIdrts d vide N@ \ { i/ / by 0.3048 Y✓ 8 ''0✓>4,\- e\ / % 2 ? Les dstances soot en metres -11- d. is s metnGues \ itnSW.C O' S502a per 03048 pour obt. r per I Rawes..3 YStd ' l/l rr / 3 } Area of survey ouflined thus penpherol nformet'on gene *+r/~ /n compiled from vo' C ~f r"(-Q 3 } Lo region .,ponies°estsrnontree Dins 1'inf°rmatfon \ 1 r1Q~ I penpherque fat compiles de di-2- sources \ \ \ ~°f`on P / ~d@ \ 1 / 4 } All document °rd pI°r, references refer I. Reg:sirv Office Is, \ roFa f 6,5g VQ~I~•t~t ~~+Cf J Sant John Countp \ e\y t06. c •kt~ 4 ) Les references des docu ments et des plans soot du 8ureou Lot 86-4 \j r `ef"°r p \ ~f~.-J~ 4~~ o- i,~ 1 \ a'<nre9 st-emert seefvo:r Pcn 2000 67 d, -te de .t a hn oe'/Aorc e?23p J 7 ` ` ,eJ try ~7- \ 5 Fi) eld survey co pl t d . Ap 2D08 t / G'/! \J7.4\~ ~\f 10 5 } l'°rp pldon su. I h t tt -,16 1 I 3 2006 \ $ /dc. i Ja \ \ 6 All comuiatwn p rf d -d d t sh-owI on this plan Foy,em 34• - 31'=0` _jrv \ are based N 6. iek St 9rephic Double Prgecton and 30" ;~J FhehNPA083 \ 392 mZnJ/Se 4p` Uv"d ] 363 800 s'o, Nstwo Fodo~dir+ ec ilsd by Selide New 9rvnswek + t 56? mJ2o 7 363 800 9 n co .on roe sw ~r e2 \ 55.`e 1 6} L t l -,d-roes m a: t b-6. s p r o t g phg e double tlu No 8 rock t Etrenwiov~°.yz E Seme , \ \ \ °raorne `7\Red I ell oso de NAD83(CSRS) - Izs ° oeterm,n po les c Qi ` - Ll \ ' f'°°d Reseou de Hou P des monuments d ices Mnr 16. 2000 ~°df t°ge'n't~ oerv,trrae rco< \ J Rrv~te River \ \ Newep., erpnsnick ae he `OperY; s 2045 \ ere / o;r Fdefac Nep'tgj No te°d (D ^ul399]0s49' 3<"Z: •n i \ tt•do%mo~)Jtie 96 For.e 22:051 R°9/Fno. £4µ0U, ° ! / \ - \ - rfp°'cerret .?atE,tg_ f ; - ' fir` _ \ \ \ Nesw Brunswick Grid Co-Ordinate Values _ Lists de coordonnees geod6siques du Nouveau-Brunswick X Rm- Sia 86-1 1 ( ~t° . ke e of s fro. Plan 2000 (DOC 2de bane tle sosem t \ r ~ 56+ 2 537 236.496 7 3b3 Y797.715 Ceic. Pt.fRt. P.I.D colt. 1940 ro °jf -'i 586 2 537 181.017 7 3E3 797.828 Plon 2000 Serv . N.I.D. 00348060 ° fovq;r 4 V t nsAOrt fir' 2673 2 537 191,657 7 3E3 810201 /r° e 02 A9. 405)tj \ 2675 2 537 185.34E 7 3E3 812-101 Calc. Pt.fPt. mlc. f 'y'a'A/voC.' off edt- to6 New Brunswick Power Generation Corporation Property a G°iC. Pt.fFt. cak. 1 204522 VoI. 539 Pg 327 Re9fEng Nev. f, 1465 s n v v 2764 2 537 224631 7 363 BD 1.038 C°IC. PtjPt.jMontalc. Ooc. - / s(L'neft4ne o0f0 T rO C tb 4' 3 00 ff( 'r'f¢m ` 28160 2 535 354.150 7 363 188.696 N.B. Mon,. NB Doc. 19453423 RegfEng Nor- 15, 2004 jJ - Q4c cxt.1 No ?4 1 e. ` \ I P,1-D,jN.I.O. 00419/01 's ¢ ° Scale Factor appliedfFacleur G'echell< combines utilise ?.GGGpo ff/( Voyageur Properties Limited 2 ' a`° E 'Plan Of Surve/Plan d'Arpentage N Doc. 19995746 Reg/Erg March 17-2005 y m 4' r Easement Requirements ee/,°ir Flefdo ser 40 No. 94 Exigences des droit de Servitude Thorne Avenue Lift Station # 4 , Legend/Legende a ° hovenue Thorne Lift Station # 4 , r Nei a.une.t<k P r «<,ain9 torpor<t,nn City of Saint John , r o r r,onemiesi<^. tin< Fe<<m<nttser,,t^a< t;n< ae rr~nen<rt + Q Ville de Soint John _ Saint John CauntY ,New runswtc a<ner9< c«e~^t ...,t ae d<-1. Precision Comte de Saint John Nouveau- Brunswick S /Gta ci o, Certified Correct/Ceriifi6 co t C na/ y en- tie HUGHES SURVEYS 8c CONSULTANTS INC. 3 5 t / u ir<(P am r r,i a'a;, :e g surv ved b O--z-- i - - 1r 9 K L par - ..:c" 5 v - f6 ^eqt oc~ / L~ S A en _ 0 nsrr c~ u< . e G . -a..- .lb. e Na e _ xa t _ I Ns eru 7 363 700 7 363 700 -toot Pre.ty tine/ t m a ae a oar-e o o . c< r~cofot<d e_` inot< >osnt J=o[nt cEoraont.< toou.e T 10 0 10 20 30 40 et 1 00 _ _ _ . Eae<~-t, <r.: tva< a< ice 1 a { enna a <rp N ee treu.ee a sur,<r Mnr err ~<rne < ropon :q < o s as. t+nt o• /t+. - e a roe- a ve? , lb ■ - - SA i ear 1-r,,ir e. ee rer Corr®a G iy 507' 3'1 20 7 HPN 2 0 s i e ntroi i:n:niJPo3^F ex cc•:rale a< <h< inere.t 1 07 31 0 1 by! W` 0~va eos r k<v ao I a ae re p x 4< ca ra^ o~^e^t,=^/>'o^<^cca^ B.S.M. YT-131-R i Gf0808- ?D,SW{2 M & C -2009-41 Febwary 13, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: STOP-UP AND CLOSE HOSPITAL STREET BACKGROUND: Hughes Surveys and Consultants Inc. represent Matrix Properties Inc. who owns all of the property that surrounds Hospital Street (see attached plan). The proponent is requesting the City to stop-up and close the Hospital Street right-of- way, so they can purchase the 743 square metres of land. ANALYSIS: The property identified as civic 41 Agar Place comprises an office building and a surface parking area, which was developed in around 2000. Due to the single ownership of the lands surrounding Hospital Street, a portion of the street has been integrated with the parking area for this office building. During the development of this property in 2000, there was discussion between City staff and the proponent to proceed with the formal street closure process. However, for reasons unknown, the process was not followed through. City Engineering has no objection to the closure and subsequent sale of Hospital Street as it serves only the one consolidated property. The municipal services located within the street right-of-way would become the responsibility of Matrix if the land is subsequently transferred. Staff and the proponent have discussed the sale price for the affected parcel of land and have reached a consensus. The proponent will be responsible for all costs associated with the street closure, including advertisement, translation, survey work and a value 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. 58 RECOMMENDATION: That the Public Hearing for the consideration of the passing of a By-law to Stop Up and Close in its entirety a 743 square metre ± public street known as Hospital Street, be set for Monday, March 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 59 ~ M20 aar a 3Yb ~,r xa a $ s 24 28 0 x80 as mrox rsr 23 a°°it a~~ e0A BavsUYe x 9 10 12 atltl,1-1w 1. Nevin Ln. d ~p x268 se as,a,asx `•=•`"F7~ tz to ai ~m .Cm a,a Wi a B Fdm l motaWxs ' ' 79i i mma,ara~ scour g Ks 76t aam,X rre, i1 tl . r aomrx ro.m yg zmm, aa tlma,xTa F aaY®mUa saavm TxU 741Y 1210 /Pau~muxn~ p +4 9243 4mm,]9 aaamalAas T5'R~ F29 scour k✓ Ca i S t (.w. aYaa ~ ~ ` Fx~ 0228a osXa Xm ~ Y 6 W T ma a M1I 0 F / p✓~asst UX ~ ~ p 4 ~ ~ 9 Y ..._..rA i`~a(p U<aanmN m nj _ rpy SWa ~~aW aY.SxmY a a+xnx eF3 93 9p 2 6a m,mxra a q Ca. x.rna Yaa~aroWa ~ scour t am a ~ w ~ >ro tl 2 °o a *BT7 5m W d "r a me_ toe sT m tl ~1a~xmY9~&9. tlu ti A...... ^m ; 6111 /1~aa,aaal 2 m,Xm F «m,. U pare U mvb my 73 ,Ymmm 9fl muss rm mmmrs>p0 k~ ~~urs Taur , f KI a a ~h r~ \ C(t < * s ,s a rots b W fI ~ t p r ,t3 *PI d'/ ~ i 314, $ i x~ aL a / / r / t / I t I t' ~g Dig I ,~yk«k8f `ag,„ 4' M oar rots z iosewe ~~a~ M & C - 2009-033 February 12, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Dates 41 Adelaide Street, 91 Ocean Drive, 703 Highmeadow Drive, 1671 Sandy Point Road and 1186 Loch Lomond Road 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 ft ill applications are available in the Common Cleric'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 Reason Applicant Zone Zone First Stop Auto 41 Adelaide Street "I-1" Section 39 To permit an auto body paint and repair shop 614594 N.B. Ltd. 91 Ocean Drive "ID" Section 39 To permit a reduced front yard Troy Gallant 703 Highmeadow "ID" Section 39 To permit an Drive accessory building 62 Report to Common Council North Star 1671 Sandy Point Holdings Ltd. Road Page 2. "R-IA" "IM-211 To permit six storey condominium buildings In addition to the above-noted applications, Mr. Donald Cullinan has requested that his application to rezone the property at 1186 Loch Lomond Road from "RS-2" to "B-2" to permit a business office, scheduled for Public Hearing on March 2, 2009 be rescheduled as he is unable to attend that meeting. RECOMMENDATION: That Common Council cancel the March 2, 2009 Public Hearing for the rezoning application of Donald Cullinan (1186 Loch Lomond Road) and schedule a new Public Hearing for this application for March 16, 2009, and frirther, That Common Council schedule the public hearing for the Section 39 amendment applications of First Stop Auto (41 Adelaide Street), 614594 N.B. Ltd. (91 Ocean Drive) and Troy Gallant (703 Highmeadow Drive) and for the rezoning application of North Star Holdings Ltd. (1671 Sandy Point Road) for Monday, March 16, 2009 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager KF/skh 63 REPORT "ro COMMON COUNCIL February 4, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors:. Subject Advertising - 2009 Experience New Brunswick Official Vacation Planner Background The provincial Department of Tourism & Parks publishes annually the Experience New Brunswick Official Vacation Planner. This guide is the primary fulfillment piece that Tourism & Parks sends in response to visitor requests for information on New Brunswick from their toll-free number and web site. The guide is also distributed through the provincial and municipal Visitor Information Centres and Irving Mainway locations. It can also be downloaded from their web site. The Province publishes separate French and English versions of the guide and in 2009, 550,000 guides will be printed and distributed. The cost of publishing this guide is offset through advertising sales. Hawk Communications is responsible for advertising sales. Conclusion Tourism Saint John advertises in this publication and has been successful in securing the inside back cover gatefold ad, which is prime advertising space, at a cost of $45,120.00. In order to offset the cost for this advertising space and other advertising initiatives, Tourism Saint John formed an "Attractions Partnership" with several of our industry partners. This year the partnership includes the New Brunswick Museum, Fundy Trail, Parks Canada, Uptown Saint John, and Market Square. Revenues from this partnership amount to $31,000.00. 64 Report to Common Council February 5, 2009 Recommendation: Page 2 Your City manager recommends that council approve the payment of $45,120.00 plus taxes to hawk Communications for the placement of the inside hack-cover gatefold ad in the 2009 Experience New Brunswick Official Vacation Planner. R ectfully mitted, P rick ods, C.G.A. (T.. eputy ity Manager Terry Totten, F.C.A. City Manager 65 "t -0 COU 1, '71 L M& C2009 - 25 Febriary 12, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Design and Construction Management Mountain Road - Street Reconstruction BACKGROUND On March 26, 2007, Common Council approved the recommendation of M&C 2007-58 for the engagement of engineering services: "It is reeoniniewled that the proposal cif Vi'aridall Erighieering Ltd foi• enghieering sei-'ices (clesigi? aiitl coiisti-itctioil i?1ai?ageiiiei?t)fOi" the Aloiti?tail? RocitI Street Recoiistritctioii prgject be accepted aid that the Alavor aid C'oii moil Clerk be author ed to execute the appropriate documeritatioii hi that regard " The proposed cost of the work from Crandall Engineering Ltd. to provide design and constriction management services was $141,450.00. ANALYSIS All engineering services under this contract have been completed. The costs have been finalized and agreed upon between the City and the Consultant. The additional costs have been compiled into three categories as follows: 66 M& C2009 - 25 February 12, 2009 Page 2 I. Additional costs associated with site investigation, videoing, cleaning, $ 9,062.29 flushing and re-videoing the existing sanitary sewer. 2. Additional costs associated with site survey, preliminary investigation, data $ 28,755.26 collection and final design for the upgrading of an additional section of sanitary sewer main at the bottom of Mountain Road, as requested by the City. 3. Additional costs associated with site investigation and report provided by $ 3,734.07 Jacques, Whitford and Associates Ltd. (sub-consultant for Crandall Engineering Ltd.) pertaining to contaminated soils which were encountered during excavation for the upgrading of the sanitary sewer at the bottom of Mountain Road. Total Additional Cost $ 41,551.62 Minus Contingency Allowance 5,700.00 Net Additional Costs $ 35,851.62 FINANCIAL IMPLICATIONS The final costs for Crandall Engineering Ltd. to provide engineering services (design and construction management) for the Mountain Road street reconstruction project are $177,301.62. The difference between the final costs and the original proposal amount is $35,851.62 ($177,301.62 - $141,450.00). The approved budget for the project was $1,200,000.00 under the 2007 General Fund Capital Program. The final net cost of this project including constriction costs, engineering services and after the City's HST rebate is $1,258,643.49 - a negative variance of $58,643.49 in the General Fund. The additional cost can be managed within the overall General Fund Capital Program envelop. RECOMMENDATION It is recommended that Common Council approve the additional fee of $35,851.62 from Crandall Engineering Ltd. to provide engineering services (design and constriction management) for the Mountain Road - Street Reconstruction project as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 67 , r" 0 e" ~1 ,u 1, 1 M&C2009-35 February 12, 2009 His Worship Mayor Ivan Court III, LA ~A. [Jifl, and Members of Common Council Your Worship and Members of Council: SUBJECT Preliminary Design of the Eastern and Western Potable Water Treatment Facilities PURPOSE The purpose of this report is to update Council on the status of the preliminary design of the Eastern and Western potable water treatment facilities project. BACKGROUND On February 12, 2007 (M&C 2007-30), Council approved the engagement of Touchie Engineering to provide preliminary design services for the above noted project. The consultant's upset fee for design services was $467,400. ANALYSIS The primary scope of this project was to review all the available potable water treatment technologies and processes, and to select the technology that is the best option for Saint John Water. The majority of the engineering work under the original scope has been completed. The 2006 Water & Sewerage Utility Fund Capital Program included $400,000 to cover the cost of the original scope of work by Touchie Engineering. The 2008 Water & Sewerage Utility Fund Capital Program includes a project in the amount of $450,000 to supplement the 2006 Capital Program for preliminary design, testing and option considerations for new Water Treatment Facilities. The scope of work for Touchie as provided for under the 2008 Utility Fund Capital Program includes: • Additional legal survey along Pipeline Road East to clarify the extent of easements and City property that exist for future infrastructure, • Additional design for the phased implementation options, 68 M& 0009-35 Febwary 12, 2009 Page 2 • Additional hydraulic water modeling to examine impacts on system, • Additional laboratory testing for disinfection by-products, • Additional bench scale testing of various treatment technologies, • Additional sampling of raw water and bench scale testing, • Additional health risk analysis, for the QMRA study, • Structural review of existing Spruce Lake buildings to see if they can be economically incorporated into the final treatment facility • Peer review and value engineering involvement and participation • Expanded interim and final engineering reports As previously reported to council, the next big step in the project will be the Value Engineering Review. Touchie Engineering will play a part in this process. Also, the treatment plant project will include a public consultation event and a presentation to council to complete the preliminary design component. FINANCIAL IMPLICATIONS The cost for Touchie to carry out the supplemental work is estimated to be $230,000. The final cost for engineering services for this project would then be $697,400 ($467,400 + $230,000). The additional cost will be funded from the approved supplemental funding project under the 2008 Utility Fund Capital Program. RECOMMENDATION It is recommended that the engineering services agreement with Touchie Engineering for Preliminary Design of the Eastern and Western Potable Water Treatment Facilities be increased from $467,400 to $697,400 as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 69 ,~T REPORT T COUNCIL M&C #2009 February 9, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: WELLNESS CENTER: CArRLETON COMMUNITY CENTER .d ;ad c.Ll. The City of Saint John In the not too distant past, Council committed to investing not more than $48,750 in architectural and design fees at the Carleton Community Center in order to facilitate the establishment of a Community Wellness Center on the lower floor of the building. The building of the Wellness Center is being funded by the Province of New Brunswick in the amount of $325,000. The City has been requested to allow the Westside Police and Community 'T'ogether Organization (Westpact) to oversee the required renovations in order to facilitate significant progress on the project prior to March 31, 2009, in order that the Provincial funds remain committed. Normally City staff, based on the City's Procurement Policy, would be required to go through a Call for Proposal process for architectural services, followed by a construction tender. This process would require more time than is available. In consultation with Provincial staff, the MLA for the riding, staff members from RUC and volunteers from Westpact, the solution has been identified as follows: RECOMMENDATION: That Westpact be authorized to search out an architect by an interview process, engage the architect and be responsible for signing and approving the architects invoices for services rendered up to, but not exceeding $48,750. And that the Commissioner of Finance be authorized to make payment of the architects invoices based on receipt of a resolution of the Board of Westpac indicating the services have been satisfactorily rendered. And further, that the Commissioner of Building and Technical Services be authorized to allow renovations to commence by Westpac upon his approval of the final drawings of the work to be done to this City owned facility. 70 Report to Common Council Subject: Wellness Center - Carleton Community Center Respect.fIlly submitted, f .:lux- '.Terrence L. Totten, FCA CITE' MANAGER Page 2 71 . P 0 . . M 4 . C k ~.t1 4' r/ M & C 2008 The 010 of Saint John His Worship Mayor Ivan Court And Members of Common Council: SUBJECT.. West Side Wellness Centre - Carleton Community Centre In September 2008 Saint John Community partners came together to embark on establishing the West Side Wellness Centre in the basement of the Carleton Community Centre. These partners included the St. Joseph's Community Health Centre, Saint John Regional Hospital/ RHAB, West Side P.A.C.T., Community Living and the Carleton Community Centre Advisory Board. The purpose of creating a wellness centre in the lower west side of Saint John is to improve access to primary health care and promote overall health and wellness throughout the west side priority neighbourhoods. On November 14, 2008 the West Side Wellness Centre steering committee held an orientation meeting with the Minister of Health - Michael Murphy: M.L..A.s - Ed Doherty, Abel LeBlanc, Roly McIntyre, Stuart Jamieson and Jack Kcir; and the Mayor Ivan Court to unveil the vision for a wellness centre at the Carleton Community Centre. All dignitaries in attendance expressed a willingness to support this project and commit to the wellness centre location at the Carleton Community Centre. The West Side Wellness Centre steering committee is requesting financial support froin the Province of New Brunswick to renovate the basement of the Carleton Coirnnninity Centre at a projected cost of $325,000. The West Side Wellness Centre steering committee has requested up to $200,000 funding from the Regional Development. Corporation through the Honourable Stuart Jamieson and has submitted a proposal to the Honourable Michael Murphy, Department of Health requesting capital cost in the amount of $125,000. The Westside Wellness Centre steering committee is requesting financial support from the City of Saint John to complete the design work and plans for the renovation project, as well as providing "in kind" services. Generally design plans for capital this type of project is typically calculated at between 10% and 15% of the overall project cost, depending upon 72 the complexity of the project. In this case, not knowing the exact detail it is suggested that 15% would be an appropriate estimate. The City's contribution is estimated at ($325,000 x 15%) or $48,750. It is anticipated this number will be lower. The funds for this are available in the Leisure Services 2008 Capital Budget. Plans are to begin the project immediately and to have it completed by end of March 2009. The committee request of the City of Saint John for "in kind" services support of the Wellness Centre will include use of Carleton Community Centre basement, heat, lights, and custodial services free of charge for the period of time the Westside Wellness Centre resides at the Carleton Community Centre. The Province will provide professional staffing. A.n agreement will need to be in place to clarify responsibilities and liabilities. Recommendation-, 11 is recommended that: 1) Common Council approve the Carleton Community Centre (basement) as the location for the West Side Wellness Centre; and that 2) Financial support up to $48,750 be provided to complete the design work, administration and supervision for the renovation project; and that 3) Approval be given for "in kind" support as stated in this report; and that 4) The City Solicitor be directed to prepare all necessary documents required to enter into this partnership; and that 5) The Mayor and Common Clerk be authorized to sign these documents; and that 6) This funding will be available provided funding from the Province of New Brunswick is approved and secured by the West Side Wellness Centre steering committee. Respectfully submitted, Bernie Morrison Commissioner of Leisure Services Terrence L. Totten, C.A. City Manager KW 4, 73 I 0' B:. +If The City of Saint John PEEL PLAZA PROJECT February 10, 2009 Deputy Mayor Stephen Chase Members of Common Council Deputy Mayor and Councillors: Your Peel Plaza Steering Committee wish to update Council on some of the activities recently completed and currently underway as follows; - 10 Peel Street demolished -debris removed, site backfilled and graded - Stantec have given us a preliminary report with respect to water/sewerage infrastructure - revised traffic study has been completed - two 2 joint meetings with all the utility providers - Aliant, Enbridge, Saint John Energy, and Municipal Operations - water/sewerage services - joint meeting with Province of N.B., their P3 consultants, legal team and financial advisors as well as the City's team - travelled to Toronto with Richard Smith and engaged the services of an architect/engineering company as well as an expert in parking facilities - prepared a draft Request For Qualifications (RFC!) in consultation with Deloitte - electronic a-roam has been established with Deloitte which contains all information pertaining to Peel Plaza - 1" and 2d reading for the Municipal Plan amendment and re-zoning of the Peel Plaza area excluding the police facility has been given by Common Council SAINT JOHN R0. Box 1971 Saint John, NB Canada E2L 4L1 I wwausaintjohn.ca ~ C.P. 1971 Saint John, N.-B. Canada E2L 41 74 -2- initiating the process of street closures demolition of 101 Union Street is anticipated the first week of March a follow-up meeting with the Province and their advisors regarding the P3 process is scheduled for Wednesday, February 18`x' in Fredericton - exploring the possibility of aligning our processes with the Province of N.B. - presently working on a memorandum of understanding with respect to the Police and Justice facility - we are in discussions with Mrs. Baker and Fundy Engineering with respect to Mrs. Baker's parking lot and entrance to it on Peel Street. - a meeting was held with a representative from the Saint John Community Arts Board, the Arts Centre Board, and the landscape architects relating to the design of Peel Plaza public areas. A follow-up meeting is scheduled for February 16ff' at the Peel Plaza Office and if the design is suitable a meeting will be Chaired by the Mayor on February 23'6 at 12:33 noon in the Council Chambers with the Steering Committee and all members of the above noted Boards. This is provided for Council's information Respectfully submitted, Mayor Ivan Court Chair Steering Committee Peel Plaza Project Ijaf 75 The City of Saint Jahn PROCLAMATION WHEREAS: the third Monday in February is nationally designated as time to recognize and celebrate our heritage; and WHEREAS: the significant heritage which we have inherited from our previous generations plays a vital role in providing a unique image and sense of place as well as a vehicle for sustainable, economic prosperity to our City; and WHEREAS: our built heritage provides us with a legacy to celebrate and hand down for the benefit and enjoyment of future generations; and WHEREAS: our heritage has played a vital role in developing the rich social fabric of our City, and will continue to provide a framework for Celebrating a Legacy of Building. NOW THEREFORE: I, Mayor Ivan Court, 2-3,M'- of Saint John do hereby proclaim February 16t", 2009 as HERITAGE DAY in the City of Saint John and urge all citizens to support and participate in heritage activities occurring throughout the City. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint Jahn. n (a. SAINT JOHN P.O. Box 19'71 Saint john, NB Canada E 2L 4LI I wwwsaintiohn.ca I C.#? 1971 Saint John, N.-B. Canada E2L 4L1 76 11 _ ^n The City of Saint John PROCLAMATION WHEREAS: the right to pursue the truth through free inquiry is essential to democratic decision- making; and WHEREAS: the freedom to read is the essence of free inquiry; and WHEREAS: the freedom to read is under assault from left and right in our society; and La.- NOW THEREFORE: I, Mayor Ivan Court, of Saint John do hereby proclaim the week of February 22 to 28, 2009 as Freedom to Read Week. Therefore be it resolved that Mayor Council recognizes, reaffirms, and defends the right of the citizens of this community individually to decide what he or she will or will not read (the freedom to read); and further in support of this resolution, this Council, on behalf of the citizens of the community, proclaims this City henceforth a Freedom to Read Zone in which the freedom to read is inviolable. In witness whereof I have set my hand and affixed the offia:ial seal of the Mayor of the City of Saint John. SAINT JOHN RO. Box 1971 Saint John, NB Canada E2L 44'L1 ; a ww saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada EK 4L1 77 HUGHES HUGHES SURVEYS & CONSULTANTS INC. NB LAND SURVEYORS, CONSULTING ENGINEERS December 22, 2008 Mr. Ken Forrest Planning & Development City of Saint John 10"' Floor, City Hall Saint John, NB Our File Y8-001-R Re: The Abbey Project -Trustees of the Church of Saint Andrew and Saint David Dear Ken: Enclosed please find: • Application of a Zoning By-law Amendment • Cheque in the amount of $400 for required fee • One full-size copy and one reduced copy of our Tentative Plan • Reduced copies of the architect's drawings for the project. We respectfully request the application be forwarded along with your recommendations to Common Council for their consideration. Yours truly, HUGHES SURVEYS & CONSULTANTS INC. Richard Turner RET/mr Enclosures nrr. 15,4108 N 44,t 9pe► PIV 575 CROWN STREET, SAINT JOHN. NB E2L 5E9 (506) 634-1717 FAX (506) 634-0759 78 Application for a Zoning By-law Amendment Demande de modification a Farrete Sur le nonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant 1 Nom du demandeur Hughes Survevs & Consultants Inc. on behalf of Trustees of the Church of Saint Andrew and Saint David (United Church of Canada Mailing Address of applicant / Addresse postale du demandeur c/o Hughes Survevs & Consultants Inc. 575 Crown Street. Saint John. NB Postal Code 1 Code postal E2L 5E9 Telephone Number / Numdro de telephone 634-1717 Home 1 Domicile Work / Travail Fax Number / Num6ro de telecopieur 634-0759 Name of Property Owner (if different) I Nom du propri6taire (si different) Address / Adresse Postal Code / Code postal Property Information 1 Renseignements sur la propriete Location / Emplacement 170 Germain Street Portion of 00010744 Civic # / No de voirie Street / Rue PID I NIP Lot Area / Superficie du lot Subiect Portion contains 128 so. metres Street Frontage 1 Fagade sur rue N/A To be consolidated with PID 55194658 Existing Use of Property 1 Utilisation actuelle de la propriete Portion of uarkins Area Municipal Plan Land Use Designation Designation de utilization des terres sur le plan municipal Medium Densitv Residential Amendment Requested 1 Modification demandee Present Zoning / Zonage actuel IL-1 X Change Zoning to 1 Modification du zonage A B-3 and/or 1 ou Text Amendment (indicate particulars) / Modification due texte (indiquez les details) 79 Development Proposal / Proposition d'amenagement Description of Proposal I Description de la proposition The Trustees of the Church of Saint Andrew and Saint David oropose to develop an apartment building complex with underground oarkine. Variances for the undertaking of this proiect were granted by Planning Advisory Committee on November 14. 2008. The proiect is being promoted under the name The Abbey. The scone of the proiect has changed slightly in order to reduce costs. It has gone from a five-storev. non-combustible building to a four-storey, combustible building. This changes the unit count from 93 to 96. The increase is due to changing the 2-bedroom/2-storev units to 1- bedroom/1-storev units. as well as chancing the townhouse units from 2-bedroom/2-storev to 2 - 1-bedroom/Istorev. This does change our density on-site. but to the lesser. This has actually reduced the total number of bedrooms, which is a decrease in densitv. 95 narking spaces would be orovided in 2 levels of underground parking. The proiect will be constructed in accordance with the heritage preservation reouirements. It will also include an inner landscaped courtyard for use by the residents in the complex and will also be available to the Saint Andrew and Saint David Church community. 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 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 a i'echelle Illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de batiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan dolt indiquer les dimensions de la propriete, Vemplacement de la totalitd des batiments, des allies, des aires de stationnement, des amenagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites de la propriete et les batiments. Provide reasons why these amendments should be approved. I Fournir tout autre renseignement concernant votre proposition qui pourrait titre approuvdes. The proposed proiect will provide much needed housine near the Citv core. The structure will be architecturally sensitive to the area. The location along with the convenience and security of underground oarkina will make the units extremely attractive and it is anticipated it will bring new residence to the southern peninsula. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait titre utile. Signature of Applicant / Signature du demandeur _ Richard Turner, Hughes Surveys & Consultants Inc. Date o } E c~ (if) X $400 Application Fee Enclosed 1 Ci-joint les frail de demande de 404 $ If you are not the owner of the land in question Si vous n `etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dans la pantie the owner is authorizing this application to proceed ci-dessous. La signature du proprietaire autorisant le for consideration by Common Council. traitement de la presente demande pour que cette derniere soit examinee par le conseiI communal. Signature of Owner (if applicable) Signature due proprietaire (s'il y a lieu) Peter G. Jollymore, aurch o Saint Andrew and Saint David Date: r 1 0 f~ Ll cr i r I I . ~ A HN'M:'~Ll u ®s'-B9° (t/i/md 4 ' ' f IR 5/KG Idp'-Y (81.JD5s} fkd ggq~~~iii+4 ~ ' La' `~.rasl. 3 ~Rf~.r*eCI--Y I^ ' ~ P -91 (BI.JDim) ~ M~W[4 Ib~![p Wq a! yl M ~ s ~e r V: CS A:w9aka',5k `f [ ITJ Pr1XV M'J G515m 8k- P I i I 1 1 1 1 1 .~1 P,Tr• PtJMPO•v I 1 1 ~ 1 Iff~~. 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For City of Saint John use only: Reference: re: 170 Germain Street Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad Date(s): January 20, 2009 and February 10, 2009 SJTJ Independent Placement Date(s): SJTJ Classifieds 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: Elizabeth Gormley, Common ClerklGreffiere communale Contact: Telephone: (506) 658-2862 h 91 PROPOSED ZONING BY-LAW AMENDMENT RE: 170 GERMAIN STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, February 16, 2009 at 7:00 p.m., by: Rezoning a parcel of land located at 170 Germain Street, having an area of approximately 128 square metres, also identified as being a portion of PID No. 00010744, from "IL-l" Neighbourhood Institutional to "B-3" Central Business. PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 170, RUE GERMAIN Avis public est donne, par la pr6sente, que le conseil communal de The City of Saint John a 1'intention d'6tudier la modification suivante de 1'arret6 sur le zonage de The City of Saint John, au cours de la reunion ordinaire du conseil pr6vue le lundi 16 fevrier 2009 a 19 h dans la salle du conseil: Rezonage dune parcelle de terrain d'une superficie approximative de 128 metres carr6s, situ6e au 170, rue Germain, et 6tant une partie du NID 00010744, de quartier a vocation collective « IL-1 » a zone commerciale centrale «B-3 REASON FOR CHANGE: RAISON DE LA MODIFICATION: To rezone an additional portion of land for an Rezonage une partie de terre additionnelle pour un approved housing development at 181 Charlotte developpement r6sidentiel approuv6 a 181, rue Street. Charlotte. 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. Toute personne intdressde peut examiner le projet de modification au bureau du greffser communal ou au bureau de l'urbanisme et du developpement 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 f6ri&s. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-2862 Veuillez faire parvenir vos objections au projet de modification par 6crit a ]'attention du soussign6 a 1'h6tel de ville. Elizabeth Gormley, Greffiere communale 658-2862 92 PUBLIC NOTICE Public Notice is hereby given that the Common Council or 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, February 16, 2009 at 7:00 pm., by: Rezoning a parcel of land located at 170 Germain Street, having an area of approximately 128 square metres, also identified as being a portion or PID No. 00010744, from "1L,1" Neighbourhood Imtitutional to "&3" Central Business. REASON FOR CHANGE: To rezone an additional portion of land for an approved housing development at 181 Charlotte Street. 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 or 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 al City Hall. ANTISPUBLIC Avis public est donne, par la prisente, qua le conseil communal de The City of Saint John a ]'intention d'etudier la modification suivanle de 1'arre-te' Sur le zonage de The City of Saint John, au cours de la I reunion ordinaire du conseil pr6vue Ic lundi 16 fivrier 2009 i 19 h dans is salie du conseil: Rezonage d'une parcelle de terrain d'une superficie approximative de 128 metres earns, situie au 170, rue Germain, et 6tani une partie du NID 00010744, de quartier i vocation collective a Ilrl n a zone commerciale centrale o B-3 u. RAISON DE GA MODIFICATION: Rezonage one partie de Terre additionnelle pour un developpement r6sidentiel approuv6 a 181, rue Charlotte. Toute personne int6ressie peat examiner le projet de modification au bureau du grelBer communal ou au bureau de l'urbanisme et du developpemcm i Ph81el de ville au 15, Markel Square, Saint John, N: B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf lesjours f6ries. Veuillez faire parvenir vos objections au projet de modification par ecrit it I'altenlion du soussigne i I'hotel de ville. Elizabeth Gormley, Common Clerk Elizabeth Gormley, GreWre communale 658-2962 658-2862 ' 1 I! ' 1 I I r I Al 93 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 170 Germain Street, having an area of approximately 128 square metres, also identified as being a portion of PID number 00010744, from "IL-1" Neighbourhood Institutional to "B-3" Central 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 Sea] of the said City to be affixed to this by-law the * day of A.D. 2009 and signed by: Mayor/Maire ARRETE No C.P.110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une relunion du conseil communal, The City of Saint John a delcreltel ce qui suit : Uarretel sur le zonage de The City of Saint John, delcreltel le dix-neuf (19) ddcembre 2005, est modifid par : 1 La modification de l'annexe ((A)), Plan de zonage de The City of Saint John, permettant de modifier la delsignation pour une pareelle de terrain d'une superficie approximative de 128 metres carrels, situele au 170, rue Germain, et Rant une partie du NID 00010744, quartier a vocation collective ((IL-1» i zone commerciale centrale ((B-3 - toutes les modifications sont indiqueles sur le plan ci joint et font partie du prelsent arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arretel le 2009, avec les signatures suivantes : Common Clerk/Greffiere communaie First Reading - PremiUe lecture Second Reading - Deuxielme lecture Third Reading - Troisieme lecture 94 Febwary 11, 2009 Your Worship and Councillors: SUBJECT: Rezoning and Variance Application - 170 Germain Street (and 181 Charlotte Street) On January 19, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 10, 2009 meeting. Mr. Rick Turner of Hughes Surveys and Consultants Inc., Mr. Peter MacKenzie, of Comeau MacKenzie Architecture, Mr. Peter Jollimore of The Abbey Saint Andrews Board, and Mr. John Rocca of Ellerdale Investments Ltd., appeared to speak in support of the application. Each of the applicants noted that they were in agreement with staff recommendations 1 and 2 in the attached report, but were not in agreement with the recommended denial of the requested parking variances. The applicants pointed out that they felt the proposed 46 parking spaces would be adequate for the proposed "Abbey" development given the mixed income nature of the building and the convenient Uptown location. As well, they noted that most of the historic Uptown churches have little to no on-site parking, and felt that requiring 60 parking spaces for the Church of Saint Andrew and Saint David was an unfair burden on the proposed "Abbey" development. They also noted that they would like to provide the originally proposed 96 parking spaces, but were unable to for financial reasons. Mr. David O'Brien of 40 Duke Street, and Ms. Donna Reardon of 200 Germain Street appeared to speak in opposition to the requested parking variances. They noted that there is an existing lack of on-street parking in this area and that the requested variances would only exacerbate this issue. No letters of opposition were received by the Committee. After a great deal of discussion regarding the potential parking requirements for the proposed "Abbey" development and the Church of Saint Andrew and Saint David, the Committee made the recommendation as set out below. As well, the Committee granted the requested lot area, rear and side yard variances and tabled the requested parking variances for one month to allow the applicants to present a revised proposal. 95 Plaiming Advisory Committee Febnian- 13, 2009 RECOMMENDATION: Page 2 That Common Council rezone a parcel of land located at 170 Germain Street, having an area of approximately 131 square metres, also identified as being a portion of PID Number 00010744, from "IL-1" Neighbourhood Institutional to "13-3" Central Business. Respectfidly submitted, Stephen Horgan Chairman SKH Attachments Project No. 09-024 96 DATE: FEBRUARY 6, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF FEBRUARY 10, 2009 Sarah Herring, MCIP, RPP Planner SUBJECT Name of Applicant: Hughes Surveys and Consultants Inc. and Comeau MacKenzie Architecture Name of Owner: Trustees of the Church of Saint Andrew and Saint David (United Church of Canada) Location: 170 Germain Street and 181 Charlotte Street PID: 00010744 and 55194658 Municipal Plan: Medium Density Residential Zoning: -IL-l- Neighbourhood Institutional and `B-3" Central Business Proposal: To rezone an additional portion of land for "The Abbey" housing development and to consider variances for a revised proposal for "The Abbey" Type of Application: Rezoning and Variances to: 97 Hughes Sui-N-eys and Consulting Inc. and Comeau MacKenzie Architecture Page 2 17(_) Germain Street and 181 Charlotte Street February 6, 2(_)(_)9 a) Reduce the minimum required lot area for the property at 181 Charlotte Street from 4,473 square metres to approximately 3,223.9 square metres b) Reduce the minimum side yard for the property at 181 Charlotte Street from 5.5 metres to approximately 2.35 metres for the west side yard on Duke Street, c) Reduce the minimum side yard for the property at 181 Charlotte Street from 9.4 metres to approximately 4.44 metres for the north side yard on Charlotte Street, d) Reduce the minimum rear yard for the property at 170 Germain Street from 7.5 metres to approximately 3.28 metres e) Reduce the minimum rear yard for the property at 181 Charlotte Street from 4.5 metres to approximately 1.22 metres; f) Reduce the minimum number of off-street parking spaces for the Church of Saint Andrew and Saint David at 170 Germain Street from 60 parking spaces to zero, and g) Reduce the minimum number of off-street parking spaces for the proposed apartment at 181 Charlotte Street from 86 parking spaces to 46 parking spaces. JURISDICTION OF COMMITTEE: The C'ommimith Plaw ing 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, February 16, 2009. The Act also authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By-law. Conditions can be imposed by the Committee. 98 Hughes Sui-N-eys and Consulting Inc. and Comeau MacKenzie Architecture Page 3 17(_) Germain Street and 181 Charlotte Street February 6, 2(_)(_)9 STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land located at 170 Germain Street, having an area of approximately 131 square metres, also identified as being a portion of PID Number 00010744, from "IL-I" Neighbourhood Institutional to `13-3" Central Business. 2. That the Planning Advisory Committee grant the requested variances to: a) Reduce the minimum required lot area for the property at 181 Charlotte Street from 4,473 square metres to approximately 3,223.9 square metres; b) Reduce the minimum side yard for the property at 181 Charlotte Street from 5.5 metres to approximately 2.35 metres for the west side yard on Duke Street, c) Reduce the minimum side yard for the property at 181 Charlotte Street from 9.4 metres to approximately 4.44 metres for the north side yard on Charlotte Street, d) Reduce the minimum rear yard for the Church of Saint Andrew and Saint David at 170 Germain Street from 7.5 metres to approximately 3.28 metres; e) Reduce the minimum rear yard for the property at 181 Charlotte Street from 4.5 metres to approximately 1.22 metres; f) On condition that the site be developed in accordance with detailed site, building and landscaping plans prepared by the developer and subject to approval of the Development Officer, in accordance with building elevation plans approved by the Heritage Development Board and in accordance with drainage and servicing plans approved by the Chief City Engineer or his designate. 3. That the Planning Advisory Committee deny the requested variances to: a) Reduce the minimum number of off-street parking spaces for the Church of Saint Andrew and Saint David at 170 Germain Street from 60 parking spaces to zero, and b) Reduce the minimum number of off-street parking spaces for the proposed apartment at 181 Charlotte Street from 86 parking spaces to 46 parking spaces. BACKGROUND: On November 18, 2008 the Planning Advisory Committee considered an application to redevelop the parking area located at 181 Charlotte Street, behind the Church of Saint Andrew and Saint David, for a five-storey apartment building with an underground parking stricture (referred to as 99 Hughes Sui-N-eys and Consulting Inc. and Comeau MacKenzie Architecture Page 4 17(_) Germain Street and 181 Charlotte Street February 6, 2(_)(_)9 "The Abbey"). The proposed building was to contain 93 dwelling units, 55 of which would be rented to New Brunswick Housing tenants and 38 dwelling units which would be rented at market rate. The two-level underground parking stricture was to contain 95 parking spaces for tenants of "The Abbey" and for the use of the Church of Saint Andrew and Saint David. The Planning Advisory Committee granted the following variances to permit this proposal: a) Reduce the minimum lot area requirement of 4,473 square metres (48,149 square feet) to approximately 3,250 square metres (34,984 square feet), b) Reduce the minimum side yard requirement of 4.2 metres (13.8 feet) to approximately 2.62 metres (8.6 feet) for the west side yard on Duke Street, c) Reduce the minimum rear yard requirement of 7.5 metres (24.6 feet) and 4.5 metres (14.76 feet) to approximately 3.5 metres (11.3 feet) and 1.22 metres (4.0 feet) for the existing church (170 Germain Street) and proposed apartment building respectively, and d) Reduce the off-street parking requirement for the adjoining church property at 170 Germain Street from 60 spaces to zero. e) That these variances only be granted on the condition that the property and building be developed in accordance with the submitted site plan and elevation drawings. Since the time of this approval, revised site and elevation plans have been drafted and, as such, a new application must now be considered. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering previously provided the following comments: a) the developer's engineering consultant must ensure that the existing water system is of sufficient quantity and pressure for the proposed development. Confirmation of this must be submitted to the City for review. b) the developer's engineering consultant must ensure that the existing sanitary sewer is capable of receiving the anticipated peak flows. Confirmation of this must be submitted to the City for review. c) all grades for water and sewerage systems must be verified by the developer's engineering consultant. 100 Hughes Surveys and Consulting Inc. and Comeau MacKenzie Architecture Page 5 17(_) Germain Street and 181 Charlotte Street February 6, 2(_)(_)9 d) the developer's engineering consultant must provide a site drainage plan indicating how storm water collection and disposal will be handled. If a storm sewer main extension is required, this will be the full responsibility of the developer, including all costs. e) An engineering water and sewer system analysis must be completed by the developer's engineering consultant in order to determine the impact this development will have on existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems. f) Upgrades to existing infrastructure by the developer may be required. Detailed engineering plans must submitted to the City prior to determining this. As well, the Department of Municipal Operations and Engineering now advises that the currently proposed reduction in parking spaces equals a net loss of 100 parking spaces and it is the Department's opinion that this reduction is too substantial to be replaced by existing on-street parking. With such a significant reduction in required parking, it is envisioned that there could be parking problems for both the apartment and the church. Buildings and Inspection Services has no issues with this application. Saint John Transit provides significant service with the South End bus along Charlotte Street at this location. Saint John Energy advises that there are three phase overhead primary lines on Charlotte and Duke Streets. If the building remains this close to the sidewalk and road then CSA Standards for clearances for strictures in close proximity to electrical lines cannot be met, and thus the lines or building will have to be relocated at someone other than Saint John Energy's expense. The lines cannot be moved to the other side of the road as the same issue will arise, therefore, it looks as though the solution is to move the lines underground. This is quite costly due to the required vault and civil constriction. Saint John Energy has met with the proponent in the past but no final decision was made at that time. Aliant Telecom has no issues with this proposal. If underground facilities are required, a manhole structure at the intersection of Duke Street and Charlotte Street is the only location that services could pick up from. There are no conduits leaving this intersection going to the property, and any costs to install conduits would not be carried by Aliant. Fire Department has no objections to this application. Saint John Parking Commission advises that they issued a letter to the Planning Advisory Committee on November 6, 2008 stating that, in their opinion, the parking required by the Church of Saint Andrew and Saint David for their parish needs was exempt because the Church would still own the same amount of property it owned prior to acquiring the parking lot property belied 101 Hughes Sui-N-eys and Consulting Inc. and Comeau MacKenzie Architecture Page 6 17(_) Germain Street and 181 Charlotte Street February 6, 2(_)(_)9 the Church over ten years ago. When the application was made by the Church of Saint Andrew and Saint David for The Abbey housing project in November of 2008 it was felt that the project, with 93 dwelling units, had ample parking with 95 parking spaces to look after the needs of both the tenants of The Abbey and the Church requirements after the project was completed. On January 27, 2009, the Church, on behalf of The Abbey, requested that the Planning Advisory Committee permit the number of parking spaces required for this project from the 95 spaces approved in November 2008 to 46 parking spaces for 96 dwelling units (65 New Brunswick Housing dwelling units and 31 market rate rental units). In our opinion, the significant reduction in the parking spaces now being proposed by the Church for this residential development does not meet the parking requirements of the Zoning By-law. Therefore, the Saint John Parking Commission is recommending that this variance not be approved. School District 8 has been advised of this application. ANALYSIS: Subiect Site and Revised Proposal The subject site nuns between Germain Street and Charlotte Street in the City's South End. The long-existing Church of Saint Andrew and Saint David is located at 170 Germain Street and a commercial parking area owned by the Church is currently located at 181 Charlotte Street. As previously noted, the Planning Adviosry Committee granted several variances in November of 2008 to permit the development of "The Abbey" housing project on the lot at 181 Charlotte Street. The applicants, on behalf of the Church of Saint Andrew and Saint David, have now submitted revised plans which include a rezoning application for a portion of the Church property at 170 Germain Street and several variances for both the Church and "The Abbey". Since the previous variances were granted only on condition that the property and building be developed in accordance with the submitted site plan and elevation drawings, they must be re-considered in this application. The revised "Abbey" is now proposed to be a four-storey, wood-frame building containing 96 dwelling units. 65 of these units will be rented to New Brunswick Housing tenants, and 31 of the units will be rented at market rates. A total of 42 of the dwelling units will have one bedroom, 45 of the units will have two bedrooms and 6 of the units will have three bedrooms. The applicants are still proposing to constrict an underground parking stricture, however, the applicants claim that due to frunding constraints and the inability to rent parking spaces to individuals and corporations outside of "The Abbey", this stricture must now be only a single level with a total of 102 Hughes Surveys and Consulting Inc. and Comeau MacKenzie Architecture Page 7 17(_) Germain Street and 181 Charlotte Street February 6, 2(_)(_)9 46 parking spaces. Due to different survey and lot area information recently submitted by Hughes Surveys and Consultants Inc., the location of the proposed building in relation to the property lines has also changed slightly. Rezoning Staff have been alerted to the fact that the detailed architectural designs for both the original and now the revised plans for "The Abbey" were finalized by the project's architect prior to final survey and boundary information being received from the project's surveyor. The surveyor has now determined that the building footprint did not match the true location of the lot boundaries, nor the setbacks approved in the previous application. As a result, the property line dividing the properties at 170 Germain Street and 181 Charlotte Street must be moved to accommodate the proposed building as designed, and a parcel of land must be added to "The Abbey" site at 181 Charlotte Street. This 131 square metre (1,1,410 square foot) parcel of land, as shown on the attached tentative subdivision plan, must also be rezoned from "IL-1" Neighbourhood Institutional to `13-3" Central Business to permit it to be used for "The Abbey" development. This parcel is very small, and the subdivision of it from the Church property is unlikely to impact Church operations. As well, the Church property at 170 Germain Street will still meet the requirements of the Zoning By-law, with the exception of the required rear yard and parking variances dealt with later in this report. As a result, this rezoning can be supported. The proposed subdivision is actually a consolidation of land and does not required Planning Advisory Committee approval. Variances As a result of errors in the initial site plan and changes to the previously approved plans, this project requires the following variances to: c) Reduce the minimum required lot area for the property at 181 Charlotte Street from 4,473 square metres (48,145 square feet) to approximately 3,223.9 square metres (34,702 square feet), d) Reduce the minimum side yard for the property at 181 Charlotte Street from 5.5 metres (18 feet) to approximately 2.35 metres (7.7 feet) for the west side yard on Duke Street, e) Reduce the minimum side yard for the property at 181 Charlotte Street from 9.4 metres (30.8 feet) to approximately 4.44 metres (14.6 feet) for the north side yard on Charlotte Street, 103 Hughes Sui-N-eys and Consulting Inc. and Comeau MacKenzie Architecture Page 8 17(_) Germain Street and 181 Charlotte Street February 6, 2(_)(_)9 f) Reduce the minimum rear yard for the Church of Saint Andrew and Saint David at 170 Germain Street from 7.5 metres (24.6 feet) to approximately 3.28 metres (10.8 feet), Reduce the minimum rear yard for the property at 181 Charlotte Street from 4.5 metres (14.8 feet) to approximately 1.22 metres (4.0 feet), h) Reduce the minimum number of off-street parking spaces for the Church of Saint Andrew and Saint David at 170 Germain Street from 60 parking spaces to zero, and i) Reduce the minimum number of off-street parking spaces for the proposed apartment at 181 Charlotte Street from 86 parking spaces to 46 parking spaces. Lot Area Variance Although the density of this development has been slightly reduced (by the changes in dwelling unit type/number of bedrooms) and the lot area increased (by the addition of land from the Church site), a variance is still required to reduce the minimum lot area from 4,473 square metres (48,145 square feet) to approximately 3,223.9 square metres (34,702 square feet). As this variance is numerically less significant than that previously granted, it can be supported. Side and Rear Yard Variances In the "13-3" Central Business zone, side yards are calculated based on either the height of the building (for buildings containing residential dwelling units that area over 16 metres (52.5 feet) in height) or based on lot width (for buildings containing residential dwelling units that are less than 16 metres (52.5 feet) in height). In the previous application, the proposed "Abbey" building was greater than 16 metres (52.5 feet) in height and the required side yards were calculated to be approximately 4.2 metres (13.8 feet), or 25% of the building height. As the current proposal has reduced the height of the building by one storey, or 4 metres (13.35 feet), to below 16 metres (52.5 feet), the required side yards are now based on the lot width of the subject site. As a result, variances are required to reduce the minimum side yards from 5.5 metres (18 feet) to approximately 235 metres (7.7 feet) for the west side yard on Duke Street and from 9.4 metres (30.8 feet) to approximately 4.44 metres (14.6 feet) for the north side yard on Charlotte Street. While these side yard variances are numerically more significant than those previously granted, the building location has, in actuality, remained virtually unchanged. As well, the building has been decreased in height, resulting in reduced impact on the neighbouring buildings. The By-law calculations for side yards in the "13-3" Central Business would not generally be as large as the subject site has far greater lot widths than most properties in the Uptown area. 104 Hughes Sui-N-eys and Consulting Inc. and Comeau MacKenzie Architecture Page 9 17(_) Germain Street and 181 Charlotte Street February 6, 2(_)(_)9 Due to the small parcel of Church land being rezoned and added to "The Abbey" site, a variance to further reduce the rear yard at 170 Germain Street from 7.5 metres (24.6 feet) to approximately 3.28 metres (108 feet) is now required. A variance to reduce the rear yard at 181 Charlotte Street from 4.5 metres (14.8 feet) to approximately 1.22 metres (4 feet) is also required for "The Abbey" building. These side and rear yard variances can be supported as they are similar to those previously granted and will not result in any increased impact from the proposed project. Parking Variances As previously noted, the November 2008 proposal for "The Abbey" was to have included two levels of underground parking with 95 parking spaces for tenants of the development and for the use of the Church of Saint Andrew and Saint David. On the basis of the proposed surplus parking spaces and a promised legal agreement governing the parking arrangement between the church and apartment building, a variance was granted to reduce the off-street parking for the Church from 60 parking spaces (based on a total seating capacity of 600) to zero. The applicant has stated that 5 parking spaces will still exist on the Church site, however, as the arrangement of these spaces and the access thereto does not meet the requirements of the Zoning By-law they have not been counted for the purposes of this application. The applicant now states that, due to funding constraints and the inability to make lease arrangements for parking with off-site businesses and individuals, the current proposal will now include only one level of underground parking with 46 parking spaces. As the proposed 96 dwelling units require 86 parking spaces, there will be a deficiency of 40 parking spaces. As the Church of Saint Andrew and Saint David can seat approximately 600 people, a variance to reduce the parking requirement for the property at 170 Germain Street is also required as part of the parking area at 181 Charlotte Street has been used to provide parking for the Church. The previous "Abbey" proposal was to have provided 11 surplus parking spaces for the Church, but now there will be no opportunity for this. Therefore, a total reduction of 100 parking spaces is being requested for this project. A parking reduction of this magnitude is significant, especially in this area of the City where parking is already at a premium for tenants of other buildings and businesses. Compounding the problem of this parking reduction is the fact that the site proposed for "The Abbey" has for years functioned as a commercial parking lot, providing 110 parking spaces for rent by local businesses and residents during the day and used by others visiting the area in the evening and on weekends. As a result, far more than 100 parking spaces are being lost in reality. Policy documents for the City of Saint John such as Vision 2015, the Municipal Plan and the Uptown Strategy do offer some support for a reduction in vehicle use and parking in this area of the City. In particular, the Municipal Plan guides higher density residential developments such as 105 Hughes Sui-N-eys and Consulting Inc. and Comeau MacKenzie Architecture Page 1(_) 17(_) Germain Street and 181 Charlotte Street February 6, 2(_)(_)9 "The Abbey" to the South Central Peninsula, and recognizes that a lack of on-site parking in many Uptown areas is a part of the unique character of Uptown living balanced by the variety, convenience, and special character of Uptown living. Vision 2015's Community Goals state the Saint John will become a place where "life without a car is perfectly possible and enjoyable", highlighting the potential that car-ownership and use will decline in the future. Policies in the Uptown Strategy (although the subject site is just outside the boundaries of the Uptown) direct that transportation in the Uptown should be pedestrian-oriented, and that surface parking lots should be minimized in favour of multi-level parking structures. The Strategy also allows for parking exemptions in the Trinity Royal Preservation Area which lie within the Uptown Boundary (although these exemptions do not apply to this site). While parking variances have recently been granted for other non-profit/low-income housing developments in the South End and the North End, they have not been of this magnitude. In particular, variances have been granted to: a) reduce the minimum off-street parking requirement of 21 spaces to 8 spaces for the Housing Alternatives/Rehabitat Inc. development at 63 Adelaide Street for a total (for a total reduction of 13 parking spaces), b) reduce the minimum off-street parking requirement of 21 spaces to 7 spaces for the Housing Alternatives Inc./ South City Housing Co-Operative Ltd. development at 64-72 Queen Street (for a total reduction of 14 parking spaces), and c) reduce the minimum off-street parking requirement of 51 parking spaces to 14 spaces for the Tannery Court Co-operative development at 185 Carmarthen Street (for a total reduction of 37 parking spaces). It should be noted that the parking variances for the Queen Street and Carmarthen Street developments were granted on condition that the buildings remained as low-income/non-profit hou sing. A brief review of other parking requirements for residential developments with a low-income/non- profit component in cities in the Maritimes and across Canada has yielded varied results. The City of Fredericton requires I parking space for each dwelling unit in the downtown core, regardless of the type of housing (i.e. market or non-profit/low-income). The City of Moncton does not require any on-site parking spaces for residential development in the downtown proper, and makes no differentiation between types of dwelling units in this area. The City of Halifax requires I parking space per dwelling unit for both the Mainland and Peninsula areas and does not differentiate between housing types. The City of Victoria, British Columbia requires between 0.7 and 1.5 parking spaces per unit depending on zone and location throughout the city, but does not differentiate between market and non-profit housing. The City of Kelowna, British Columbia requires 1 parking space per 106 Hughes Sui-N-eys and Consulting Inc. and Comeau MacKenzie Architecture Page 11 17(_) Germain Street and 181 Charlotte Street February 6, 2(_)(_)9 bachelor dwelling unit, 1.25 parking spaces per 1-bedroom dwelling unit, 1.5 parking spaces per 2-bedroom dwelling unit and 2 parking spaces for each dwelling unit with 3 or more bedrooms, but does not differentiate between areas of the city or type of housing. Only the City of Vancouver, British Columbia provides for a reduced parking requirement for low-income/non- profit developments, as their Parking By-law requires only 1 parking space for each 2 dwelling units where "three or more units are designated solely for families of low income under the provisions of the National Housing Act, or other similar use". Clearly other municipalities, most notably Moncton, Fredericton and Vancouver, have taken into consideration differences in parking requirements depending on the location and tenancy of multiple dwellings. The City of Saint John Zoning By-law also considers the location of development when calculating parking requirements, as residential and multiple-residential zones require 1.25 parking spaces per dwelling unit, while the "RM-IF" Multiple Residential Infill zone requires 1 parking space per dwelling unit and the "B-3" Central Business zone requires only 0.9 parking spaces per unit. As the subject site is in a "B-3" zone, reductions in the amount of parking required have already been made to recognize its convenient central location. The further reductions being proposed would bring the parking for this development in line with the requirements in Vancouver, where the development and transportation context is clearly very different. Planning staff clearly understand that many low-income tenants do not own vehicles, and thus require fewer on-site parking spaces, and have recommended in favour of reduced parking requirements in the past. However, it must be recognized that the current on-street parking demand on Germain and Charlotte Streets is higher than the demand in the deep South End and the North End of the City. Thus, the impact of the requested 100 space parking variance for the proposed development and the existing church, coupled with the planned loss of 110 parking spaces must be carefully considered for future tenants of "The Abbey", neighbouring residential and commercial tenants, and people visiting the Uptown. From a land use perspective, there is no guarantee that the 65 dwelling units currently being proposed as New Brunswick Housing units will remain as such. While this argument could be made of any development granted variances on the basis of proposed non-profit tenancy, the central location of "The Abbey" building and the greater diversity in units may increase the potential for these units to be converted to market rate rentals in the future, thus potentially negating the rationale and feasibility of the requested variance. While a review of other variances granted for non-profit/low-income developments and parking guidelines in other municipalities has shown that some provide for reduced parking in central locations and/or for low-income/non-profit developments, the variances being requested for this site are still very large. The developer has stated that the proposed parking will result in 0.9 parking spaces for each of the 31 market rate units, 0.25 parking spaces for each of the New Brunswick Housing units and no parking for the Church (it is understood, however, that the 60 parking spaces required by the Zoning By-law for the Church of Saint Andrew and Saint David 107 Hughes Sui-N-eys and Consulting Inc. and Comeau MacKenzie Architecture Page 12 17(_) Germain Street and 181 Charlotte Street February 6, 2(_)(_)9 have never actually been provided on the Church property, and that before the Trustees of the Church acquired the adjacent property at 181 Charlotte Street there was no off-street parking for the church). Staff understand the constraints presented by funding and the cost of providing underground parking, however, it is frustrating to be presented with such a significant variance request at this advanced stage in the project, when public support for the development has been solicited and prior variances to permit the project already granted. The continents received from both the Parking Commission and Municipal Operations and Engineering clearly indicate serious concerns about the parking variances as requested. Staff can find no technical justification to support a variance for a reduction in 100 parking spaces in light of the high demand for on-street parking in this particular area, the loss of an Uptown parking lot to make way for this proposed development and the necessary shared use of this underground parking area by tenants, visitors and church-goers. Staff could potentially support a lesser variance, but this does not seem possible due to the proposed site, parking structure and building plans. CONCLUSION: The revised "Abbey" housing development currently being proposed is similar in most respects to that already permitted by variances granted in November 2008 and, as a result, the requested variances for reduced lot area, side and rear yards are supported. As well, the proposed rezoning to provide a small amount of additional land for "The Abbey" is supported. The parking variances being requested are significant, both numerically and in their potential impact on surrounding land uses, neighbouring residents and businesses, therefore, staff cannot support its approval. Should the Planning Advisory Committee choose to grant the requested parking variance of 100 parking spaces, it may be wise to impose conditions similar to those imposed on other variances for low-income/non-profit housing developments to ensure that these units continue to be rented at below-market rates. Staff can provide fiurther guidance to the Committee should it wish to proceed in this direction. SKH Project No. 08-024 108 92 o Y ea 94 99 0 A-t 76 147 1,4 y 15 54 " 149 ` 192 ia9 109 .1 ,3a 1 iar t r- 12 167 US at I % 166 158. 9 1S ' I AC 97 164 19 15 20 24 t22 9554... 14 1 124 1 "°4r~{;~ 126 q .s 129 - n' i79 A. 2! ~ j A,.. ' 193 Mrf 148 21 11 12 72 _ _ j315 121 v 144 1 _ % ~1. 1 138 197 0 5 k9'2 1184 52 164 A 80 6;1 ^ 112 91 47 3r ~ 0 74 4t Iw 43 „ 1 y \9 a6 1 6. 2 Is$ Uis 4'o no 'ct 100 Q r Subject Sate/site question: CC, 13744 and C a" NOTE, L All dimensions to face of BuReling, 35183 (SNB Saint John Registry Office) , Sep plan 263 L for oundary information, r ,Aotsf1ekd Step on Property Line tt Church Lot Area p v~ 1,784,9 a t. 2= e32~ 4t~?_ . t 4,44M 535m Clear of Property Rapp Line Ap rox p { PIB 55194658 Total Area = 3,2239 (includes Parcel "A" _ clear Property Line Approx 2` t` ,pe OwNg Pr,~o Felo 4th, 2009 110 (for architectural detail), See 78-Al°S1tePlan.16,01.2009,w M'0. ~ fl ` ~ t as , - >1 n a sm, D 'I - _ _ 1 I 773 t ~ i is r I ( } :a + f ~ ~y y L 6 e: I = I am] _i a [ED ED M IMIM u" CSI Cr~7 IUD L4 _..."L- L...~ w, i f 77 0~ CI _ w - - -C, G: r IIC__C k ~I F ~ I r 6~ 113 _ :kN. . - y TF g""y -r----~--- r`=°--- --.q- ,j`' _1t--~a.~e ic•.b ~i;u .-r-e_~',t .,Ei+i-' aL O> LIM 41 T LiJUL j L VA h;e x..-...r"Fat!. 3' - r-I -T L G71 _ o l III : , I H . t=l n•:~i rh,rrr.-~:~anr~a~~x ~.c_~,r sr..~v--r.-f ,r;`i rh r;;€--r€. it t ~*-.,r Z/ I i i x I Mg_ L' - I g - ~ n.xv.~~.:tsru4r sir :?Y#~as"r e iYrw ` z: vrf r - ; Q >a CO_ R ® . olm y II x ym w y lip .1.1 - - - - - - - - - - - - i lal µ 1M, ~J ` 'MW,'~ 1 r y P01 4 "h s r,., m rxv_d „ ,Aar r I Ph ,z 'RTY 0" t a ~ yT + w r w ~~+5a '4' oG4 + p trl ~xp " pp~~ `-'"4 P'1 kf; fiJ~ I 4>,,N a, B ro V M r' ,r x 4 l" m ¢ry~„..ryT~ Ira~y4a---r', S, I n. o w rya ~ 116 wYy y It ~E Ji' Y I ~ Ys.,.. _ 4 * rV 51 [ r T t {'yam , VV t'i q. T.' ,66 M & C - 2009-01 February 13, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Amendment to Scihit Johii Heritage C'oraserwitiora Arecis By-Lcnv HC'-01. BACKGROUND: At its December 18, 2008 meeting, Common Council authorized advertisement and set the date for a public hearing to consider objections to a proposed amendment to the Heritage Co»seri citio» Areas By-Lcnr (HC-01). Advertisements consistent with the requirements set out in the 1l1imici1xal Heritage Preserwitiora Act11121.1 were placed in the Telegraph Journal on January 22, 2009 and February 10, 2009. ANALYSIS: The Heritage Co»seri citio» Areas By-Lcnr (the Heritage By-Law) was adopted by Council in June 1981. Several years ago Council endorsed the recommendations of the Heritage By-Law Review Committee and referred these to the Heritage Development Board and the City Manager to implement. One of those recommendations was to designate additional heritage areas. The Heritage Development Board usually recommends designation of an area or a streetscape of buildings. However, both of these proposed designations provide a unique opportunity to recognize significant heritage places in our city. The buildings, structures and lands indicated in proposed Schedule "J" form the Earle Estate. These buildings are of notable architectural and historic significance. Our Tourism department has noted that this is one of the most photographed sites in Saint John. Designation under the Heritage By-Law has been requested by the heirs of the estate. 118 Report to Common Council Page 2 Februan- 13, 2009 The former HMCS Br nswicker/Ordnance Corps (Building 436) is the only building in this area of the South End which survived the Great Fire of June 20, 1877. Designation of this building and lands under the Heritage By-Law as indicated on proposed Schedule "h" has been requested by the owner (Department of Natural Defence) and will form a condition of sale of the building to the private sector. The proposal is to amend Section 2(1) of the Heritage C'oraserwitiora Arecis By- Lcm, by adding Schedule "J" and Schedule "IL" as indicated on the attached maps and as follows: (j) Lancaster Avenue Heritage Conservation Areas: That portion of the City of Saint John being the buildings, strictures and lands located at 266 Lancaster Avenue (PID 00033225) as illustrated and listed on Schedule "J", which forms part of the By-Law and is hereby established as the Lancaster Avenue Heritage Conservation Area, and (k) Brmswicker/Ordnance Corps Heritage Conservation Area: That portion of the City of Saint John being the buildings, strictures and lands at 274 Sydney Street (PID 55153423) and as illustrated on Schedule "IL", which forms part of this By-Law and is hereby established as the Brmswicker/Ordnance Corps Heritage Conservation Area. The Heritage Development Board supports the recommendations of this report and will make a presentation at the public hearing. RECOMMENDATION: It is recommended that 1) Common Council give first and second reading to an amendment to a By- Law of the City of Saint John enacted on February 13, 2008 entitled Saint Johii Heritage C'oraserwitiora Arecis By-Lcnv HC'-01 by adding to Section 2(1) of the By-Law Schedule "J" Lwiccrster Averaise Heritage Co»seri,citio» Area and Schedule "IL" Brimsiricker Ortkic ice Corps Heritage Co»seri citio» Area, , all as shown on the plans attached hereto and forming part of this By-Law. 119 Report to Common Council Februan- 13, 2009 Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager JB/JW Project No. 2009-01 Page 120 f 1j C is (On i eue 13 a m ia Un Cr (J" 0 P► 1~ cele "K" - Brunswicker / Ordnance Corps Heritage Conservation Area Includes the buildings, structures and lands at 274 Sydney Street 122 3 DUNNEDIN LN 5 DUNNEDIN LN 11 DUNNEDIN LN 16 DUNNEDIN LN 20 DUNNEDIN LN 522 EDWARD AV 532 EDWARD AV 1266 LANCASTER AV 2TIPPERARY CT ,3 TIPPERARY CT 5 TIPPERARY CT 16 TIPPERARY CT a 1 • • N N r/Re Annexe "J" - Aire de conservation du patrimoine de Pavenue Lancaster Comprend les bathents, les constructions et les terrains qui sont situ6s au 266, avenue Lancaster (NCD 00033225) NO 11 WN I • • • • PUBLIC NOTICE AVIS PUBLIC Pubic Notice is hereby given that Common Council of The City of Saint John has been requested and intends to consider amending The City of Saint John Heritage Conservation Areas By-law (HC-1) at its regular meeting to be held in the Council Chamber on Monday, February 16, 2009 at 7:00 p.m, by designating two new heritage conservation areas consisting of, Par les presentes, un avis public est donn6 par INuel le conseil communal de The City of Saint John indique son intention de modifier ParrW (HC-1) relatif aux aires de conservation du patrimoine de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la sane du conseil le lundi 16 fevrier 2009 a 19 h, en designant les deux nouvelles aires de consenation suivantes : the Building #36 and land(s) known as the HMCS Brunswicker at 274 Sydney Street, PID 55153423, as requested by the owner (Department of National Defence) and it shall form a condition of their Purchase & Sale Agreement; and the complex of buildings and land(s) at 266 Lancaster Avenue, PID 33225. Inclusion of these buildings and lands are supported by the Heritage Development Board and are consistent with recommendations from the Heritage By-Law Review Committee, which were based on extensive community consultation. The specific details of the proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning & Development, City Hall, 15 Market Square, Saint John, NB 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. I'immeuble n, 36 et les terres connues sous le nom de NCSM Bransvicker an 274, rue Sydney, portant le NID 55153423. comme le proprietaire (ministere de Is Defense nationale) on a fait la demande, ce qui constituera one condition de son contrat d'achat-vente, or les immeubles et les terres an 266, avenue Lancaster, N TD 33225. L'inclusion de ces terres et de ces immeubles est appuyee par le Couseil d'am6nagement du patrirnome el est conforme aux recommandations du Comit6 de revision des arr&tes mumoipaux, an terme de vastes consultations an sour de la collectivite. Torte personne interestee Pont examiner Les details precis des modifications proposees an bureau du grelHer communal on an bureau de 1'urbanisme et on developpement a Photel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 or 16 h 30 du lundi an vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par ecrit a Pattention du soussigne a 116tel de ville. Elizabeth Gormley, Common Clerk Elizabeth Gormley, Greffiere communale 658-2865 658 2865 125 BY-LAWNUNI IER ALAWTOANEM THE SAINT JOHNUERTTAGE CONWRVATTON AREAS BY LAW Be it eriacte d by The City of Saint John III Column Council convaied as follows: The Fbitage Conservation Areas B\ -Lavv of The City of Saint John eyed on the ninth dav of October, 2(X)7, is arc xW b\ ARRETENo ARRE± MODIFIANT L'ARpjk E O 0 N C E R N A N T L ES AIRES DE C Ol ~ E RUAT T O N D U PAT R i M W DE SAINT JOHN Lois Am reuuuon du consul connnuiaL The Cit< of Sault John a demote ce crib suit : L'an& comenrurt les aues de oollse ration du patlunoine de Saint John, demote le nexlf (9) octobre, 2(X)7, est ncdifie par : 1 Adding the foff it ilnltxli~ately after 1 L ~adjonction de ce crib suit subsection 2(1)(1): ilnltdiateimt apfes 1 'alirnea, 2(1)i) -0) Lancaster Avernre Heritage Conservation Area: j) Aire de conservation du patrilrnine de l'avenre Lancaster That portion of the City of Sault Jolui being the buildings, stn ctures and lands located at 266 Lancaster Aveiuue (PID 00033225) as illlstrated and listed on ScllAk "Y" which fornas part of this By-Law and is hereby established as The Laicaster Avenue Heritage Conservation Area: 3 Dunneffii Lane 5 Du nledin Lane 11 Dunneffii Lane 16 Du nledin Lane 522 Edward Avenue 532 Edward Avenue 266 Lancaster Avenue 2 Tipperary Con ut 3 Tipperary Court 5 Tipperary Cbmt 6 Tipperary Court (lc) Bnulswidxr/Ordnnance Corps Heritage Conservation Area: That portion of the City of %a t John being the buildings, structures and lands looted at 274 Sydney Street (PID 55153423) as illustrated anal listed on ScheckAe 'K', which form part of this By-Law and is henry established as the Bnulsvd&er/Ordnrance Corps Heritage CotwNatlon Area la section de The City of Saint John, con prerart les bdtunents, les constn ctions et les trains qi a sort situes au 266, avemie Lancaster (NID 0003'Tr,), illustres et erui '6s a l'annexe « J» qii fait pantie in t6pnte du preset arr&e, est designee aire de conservation du patrinnine de l'avemie Lancaster: 3 al. Dc nledin 5 al. Du nledin 11 al. Du nledin 16 al. Du nledin 522 av. Edward 532 av. Edward 266 av. Lancaster 2 ocur Tipperary 3 OAT Tipperary 5 oour Tipperary 6 ocur Tipperary lc) Aire de conservation du pat innine de Bnulswiclcer/SeR ioe du Nkeriel : la section de The City of Saint John, con prenant les bdtunents, les constrictions et les terrains qu sort situes au 274, nie Sydney et illustres a l'annexe « K>> qu fait partie ut&ffante du present arr&e, est designl6e aire de conservation du patrinnuie de Bnnswiclxr/Semoe du Nkeriel. 126 IN WITNESS WHEREOF the Cite- of EN FU DE QUWL The Cite- of Sant Jolm Sant Jdui bas =sed the Catpatate Catmm Seal cf the said CitN-to be affixed to this b-, the dt-, - cf Febmin; AD. 2(X)9 and sided b~ a fait 4Toser sari so= comtr uA sur le ptt t an-& le 2(X)9, wee les sigatmes s<nvatrtes : Nlt~or/1Vltire Canuren CleiidCn-effiere conitimale First Rmdit, - Pmt iae lediue Second Rmditt,, - I~wiam lediue 'IhW Rmditt,, - Trcisia-w lectme 127 Public Works and Government Servicos p Canada Atlantic Region PA Box 2247 Halifax, N0 S. B3J 309 December 5, 2008 Mayor Ivan Court and Members of Common. Council Tiravaux publics et Servioes gourvernementaux Canada R6glon de I'Atlatl kque c,P. 2247 Halifax K- L) BU 309 Re: Heritage Designation of Brunswicker ! ordnance Corps (Building 436) at 274 Sydney Street The Federal Heritage Review Board has indicated that the former l3riinswickcr f Ordnance Corps (Building l#36) located at 274 Sydney Street is of architectural axed historical significance, It was originally coDstructed in 1841-42 as the British Military Ordnance Store. Of particular note is the fact that this is the only building that survives from the period of British Military occupation. In addition it is the onlybuilding in this area of the South End of Saint John that survived the Great, Fire, of 1877. The Statement of Significance which provides additional information is attached- The Department of National Defence has declared this building at 274 Sydney Street to be surplus to our needs. We intend to offer it for sale to the private sector. However, we wish to ensure that any development, which occurs following our sale, is sensitive to its heritage chaxacter-definiTq elements and is consistent with the Standards & Guidelines for the Conservation of Historic Places in Canada. We recognize that Saint John is a national leader in the area of heritage conservation. We believe that the best racans of protecting the heritage merit of this building is to have it designated under your Heritage Conservation Areas By-Law. We therefore respectfully request that Common Council favourably consider heritage designations of the former'Br-onswicker l Ordnance Corp building and lands at 274 Sydney Street (PIID 55153423) under the Saint John Heritage Conservation. Areas By- Law. Sincerely, \ rt-& <-T--1 Ce U~ ,loam Parsons Doehler, B.ARCII, N"P Real Estate aUvices 902-496-5244, fax 902-496-5276 3 oau,parsonsduehler@pwgsc. gc,ca. joan.parsomdochler(gtpsgc.gc.ca 1713 Bedford Row, Halifax, N.& B3J 3C9 1713 Bedford Row, Halifax, (N.E.) B3J 3C9 Public Works and Government Services Canada Travaux publics ct Services govvernementaux Canada wiad 620-J Z00/Ul) A 006-1 128 -WOJ4 a219:11 6002-E1-q8i M & C -2009-32 Febwary 13, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of Portion of King Street East (Pending Approval of Street Closure) to Carol Ann Milne BACKGROUND: Common Council, at its meeting of January 19, 2008 considered a report (M & C 42009-09) and adopted the recommendation to initiate the stop-up and closure of two small portions of King Street East. The Public Hearing is scheduled to be held at the Febwary 16th, 2009 meeting of Common Council. The purpose for the street closure and subsequent conveyance of these slivers of land is to remove existing building encroachments onto the street right-of-way. City Engineering has no objection to this request to close these two slivers, as illustrated on the attached survey plan. The total cost to the proponent to acquire the parcels would be $3,217.00 plus H.S.T. (pending approval of stop-up and closure). The above noted purchase price includes costs associated with the regulatory process of stopping-up portions of street right-of-ways; including the cost of translation and advertising. The survey work was completed by the proponent. The per square metre price that City staff normally associate with the value of the property was not followed in this instance as the area of the property to be sold is minimal. Instead, Real Estate Services have included a $1,000.00 cost to be assessed as an administrative cost for facilitating the street closure. The recommendation contained below has incorporated a sale price that includes all the costs noted above. RECOMMENDATION: 1. That in the event that the two (2) portions of King Street East (2.1 square metres and 0.4 square metres) are stopped-up and closed, The City of Saint John sell its fee simple interest therein to Carol Ann Milne for $3,217.00 plus HST (if applicable) on or before May 29, 2009. 129 2. That the Mayor and Common Cleric be authorized to sign any documents required to finalize the transfer. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner, Planning and Development Terrence Totten, F.C.A. City Manager CL/c 130 t 4Pb j. ~3~ saw m FA aY' C s sg°Go a~ Cg j sCt~°°°g ago r,0660 gas 4Cgo r° tq 4g ~Cg84 r~S so 1 p,rosx++° ~i $g gttvr` 3 _Rag 4CCgt,go Cost tloo 4vooo .a CCLgtggg ~~gtg~o as~e4i a to S L teas 61 Voss is SlIflog N PA&, # . .Yc 2.05 wMt t~ it &.'lv u.5tr5st ir~~~~ ~r al z?' 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M FtmB y } pwm,l«Ya k %b, '04 a:. ~dacb ..a w,vM~a y~x?rii t - assr44mvrs mw~a M+ plea S 3 AN . crv en ro.~ uu~-. sie~nag~sar+~e rmwa~ tt~paty m~a '..YX4 Y.ti{~[upw.~4 ws i F8w& YS` Sv~`ke BLav Dru~e++c& y t 1i+b "T. ~oa.+1iNF¢ 0N`F1~' pAM1@Mi area w e~ ~ ,qew L ~naa 6s 0/s S~ 4a.+gw:-~aKscl ~ . # ~ ~-r~9ata[.Ir t~:9tb ~W~e w~ d®i~ +6~v+~ rm lae wr r~sM.'R. da L: FR~+ :s's~ ~~eaaaams'ds ea Sw~k wi i -F RF ~ N„; 2 A BY-LAW TO AMEND A BY-LAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of the City of Saint John as follows: 1 A by-law of the City of Saint John entitled, "A By-law Respecting the Stopping Up and Closing of Highways in the City of Saint John", enacted on the 19'x' day of December, A.D., 2005, is hereby amended by adding thereto Section 200 immediately after Section 199 thereof, as follows: 200 The City of Saint John does hereby stop up and close permanently the following portion of highway: King Street East: All that certain lot, piece or parcel of land situate lying and being in the City of Saint John, in the County of Saint John, in the Province of New Brunswick being more particularly described as follows: Beginning at a point on the northern side of King Street East, at its intersection with the western face of the wall of a structure known as Civic # 207 King Street East, said point having adjusted New Brunswick grid coordinate values (NAD83) of casting 2535210.055 metres and northing 7363936.262 metres. Thence on a New Brunswick grid azimuth of 166 degrees, 14 minutes and 50 seconds along the westerly face of the wall of Civic # 207 King Street East, a distance of 0.05 metres to the southern face of said structure. Thence on an azimuth of 76 degrees, 17 minutes and 50 seconds along the southern face of the wall of Civic # 207 King Street East, a distance of 14.43 metres to a point on the northerly street line of King Street East. Thence on an azimuth of 256 degrees, 29 minutes and 50 seconds along the aforementioned northern sideline of King Street East, a distance of 14.43 metres to the place of beginning. A tract of land being shown as "portion of King Street East a Public Street" containing an area of 0.4 square metres and being more particularly shown on a Plan of Survey Showing portion of King Street East, City of Saint John, Saint John County, New Brunswick, prepared by Hughes Surveys & Consultants Inc, and dated December 1, 2008, said plan signed by David V. Parkhill, New Brunswick Land Surveyor. And also, all that certain lot piece of parcel of land situate lying and being in the City of Saint John, in the County of Saint John, in the Province of New Brunswick and being more particularly described as follows: Beginning at a point on the northern sideline of King Street East at its intersection with the eastern ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a Mcr&6 cc qui suit : 1 Par les pr6sentes, 1'arr& de The City of Saint John intituld, << L'arret6 sur ]'interruption de la circulation et la fermeture des routes Bans The City of Saint John ddcr6te le 19 d6cembre 2005, est modifid par I'ajout de ]'article 200 imm6diatement apr6s Particle 199, comme suit : 200 Par les pr6sentes, The City of Saint John barre et ferme de far"on permanente la portion dune route suivante : Rue King Est : La totalit6 de la parcelle de terrain situ6e dans The City of Saint John, daps le comt6 de Saint John et dans la province du Nouveau-Brunswick 6tant d6crite plus pr6cis6ment comme suit : Partant d'un point du c6t6 nord de la rue King Est, a son intersection avec la fapade ouest d'un batiment connu sous I'adresse municipale 207, rue King Est, ledit point ayant pour coordonn6es graticulaires ajust6es du Nouveau-Brunswick (NAD83) E2535210,055 metres et N7363936,262 metres. De 1a, sur un azimut, selon les coordonn6es graticulaires du Nouveau-Brunswick, de cent soixante-six degr6s (166°), quatorze minutes (14') et cinquante secondes (50"), longeant la fagade ouest du batiment a 1'adresse municipale 207, rue King Est, sur une distance de 0,05 metre jusqu'a la facade sud du batiment susmentionne. De la, sur un azimut de soixante-seize degr6s (76"), dix-sept minutes (1T) et cinquante secondes (50") longeant la fagade sud du batiment a 1'adresse municipale 207, rue King Est, sur une distance de 14,43 m6tres jusqu'a un point situ6 sur Palignement nord de ]a rue King Est. De la, sur un azimut de deux cent cinquante-six degr6s (256°), vingt-neuf minutes (29) et cinquante secondes (50"), longeant la limite lat6rale nord susmentionn6e de la rue King Est, sur une distance de 14,43 m6tres jusqu'au point de d6part. Une 6tendue de terrain d6sign6e comme 6tant une a partie de la rue publique King Est comprenant une superficie de 0,4 metre carr6 et 6tant d6sign6e plus particuli&ement sur un plan d'arpentage indiquant une partie de la rue King Est, City of Saint John, comt6 de Saint John, Nouveau-Brunswick, pr6par6 par Hughes Surveys & Consultants Inc., datd du I" d6cembre 2008 et sign6 par David V. Parkhill, arpenteur-g6om6tre du Nouveau-Brunswick. Egalement, la totalite de la parcelle de terrain situ6e dans The City of Saint John, dans le comt6 de Saint John et dans la province du Nouveau-Brunswick, 6tant plus particuli&ement 133 face of the wall of a structure known as Civic # 215 King Street East. Said point having New Brunswick grid coordinate values of easting 2535244.298 metres and northing 7363944.484 metres, Thence on a New Brunswick grid azimuth of 167 degrees, 27 minutes and 40 seconds and following the face of the wall of Civic # 215 King Street East, a distance of 0.21 metres to the southern face of said building. Thence on an azimuth of 257 degrees, 13 minutes and 50 seconds along the southern face of the wall of Civic # 215 King Street East, a distance of 8.66 metres to a point. Thence on an azimuth of 256 degrees, 28 minutes and 20 seconds, a distance of 3.67 metres to the southeastern corner of a building known as Civic # 211 King Street East. Thence on an azimuth of 257 degrees, 10 minutes and 50 seconds along the southern face of the wall of a structure known as Civic # 211 King Street East, a distance of 8.46 metres to the northerly street line of King Street East. Thence on an azimuth of 76 degrees, 29 minutes and 50 seconds along the northern street line of King Street East, a distance of 20,79 metres to the place of beginning. A tract of land being designated as "portion of King Street East a Public Street" and contains an area of 2.1 square metres and being more particularly shown on a Plan of Survey Showing portion of King Street East, City of Saint John, Saint John County, New Brunswick, prepared by Hughes Surveys & Consultants Inc. and dated December 1, 2008, said plan signed by David V. Parkhill, New Brunswick Land Surveyor. d6crite comme suit : Partant d'un point sur la limite lat6rale nord de la rue King Est a son point d'intersection avec la fagade est d'un batiment connu sous 1'adresse municipale 215, rue King Est. Ledit point ayant pour coordonn6es graticulaires du Nouveau-Brunswick E2535244,298 m6tres et N7363944,484 m6tres. De la, sur un azimut, sclon les coordonnees graticulaires du Nouveau-Brunswick, de cent soixante-sept degr6s (167°), vingt-sept minutes (27) et quarante secondes (40"), longeant la fagade du batiment a 1'adresse municipale 215, rue King Est, sur une distance de 0,21 metre jusqu'a la fagade sud du batiment susmentionn6. De la, sur un azimut de deux cent cinquante-sept degr6s (257°), treize minutes (IT) et cinquante secondes (50"), longeant la fagade sud du batiment a i'adresse municipale 215, rue King Est, sur une distance de 8,66 metres jusqu'a un point. De la, sur un azimut de deux cent cinquante-six degr6s (256), vingt-huit minutes (28) et vingt secondes (20"), sur une distance de 3,67 m6tres jusqu'au coin sud-est d'un batiment connu sous l'adresse municipale 211, rue King Est. De la, sur un azimut de deux cent cinquante-sept degr6s (257°), dix minutes (10') et cinquante secondes (50"), longeant la fagade sud du batiment connu sous 1'adresse municipale 211, rue King Est, sur une distance de 8,46 metres jusqu'a un point situ6 sur Palignement nord de la rue King Est. De la, sur un azimut de soixante-seize degr6s (76), vingt-neuf minutes (29) et cinquante secondes (50"), longeant la limite lat6rale nord de la rue King Est, sur une distance de 20,79 m6tres jusqu'au point de d6part. Une 6tendue de terrain ddsign6e comme 6tant une «partie de la rue publique King Est comprenant une superficie de 2,1 m6tres carr6s et 6tant d6sign6e plus particuli6rement sur un plan d'arpentage indiquant une partie de la rue King Est, City of Saint John, comt6 de Saint John, Nouveau-Brunswick, pr6par6 par Hughes Surveys & Consultants Inc., dat6 du 1" d6cembre 2008 et sign6 par David V. Parkhill, arpenteur-g6om6tre du Nouveau-Brunswick. IN WITNESS WHEROF The City of Saint John EN FOI DE QUOI, The City of Saint John a fait has caused the corporate Common Seal of the said apposer son sceau communal sur le pr6sent arrete le City to be affixed to this by-law the day of 2009, avec les signatures suivantes A.D., 2009 and signed by: 134 Mayor Common Clerklreffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 135 STREET CLOSING KING STREET EAST Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By-law Respecting The Stopping Up and Closing of a Highway In The City of Saint John" at its regular meeting to be held on Monday, February 16, 2009 at 7:00 p.m. to stop up and close the following portion of highway: King Street East: All that certain lot, piece or parcel of land situate lying and being in the City of Saint John, in the County of Saint John, in the Province of New Brunswick being more particularly described as follows: Beginning at a point on the northern side of King Street East, at its intersection with the western face of the wall of a structure known as Civic # 207 King Street East, said point having adjusted New Brunswick grid coordinate values (NAD83) of casting 2535210.055 metres and northing 7363936.262 metres. Thence on a New Brunswick grid azimuth of 166 degrees, 14 minutes and 50 seconds along the westerly face of the wall of Civic # 207 King Street East, a distance of 0.05 metres to the southern face of said structure. Thence on an azimuth of 76 degrees, 17 minutes and 50 seconds along the southern face of the wall of Civic # 207 King Street East, a distance of 14.43 metres to a point on the northerly street line of King Street East. Thence on an azimuth of 256 degrees, 29 minutes and 50 seconds along the aforementioned northern sideline of King Street East, a distance of 14.43 metres to the place of beginning. A tract of land being shown as "portion of King Street East a Public Street" containing an area of 0.4 square metres and being more particularly shown on a Plan of Survey Showing portion of King Street East, City of Saint John, Saint John County, New Brunswick, prepared by Hughes Surveys & Consultants Inc. and dated December 1, 2008, said plan signed by David V. Parkhill, New Brunswick Land Surveyor. FERMETURE DE RUE RUE KING EST Par les presentes, un avis public est donne par lequel le conseil de The City of Saint John indique son intention de modifier 1'« arret6 concernant la fermeture de routes dans The City of Saint John u lors de la reunion ordinaire qui se tiendra le lundi, 16 f6vrier 2009 1 19 h afin de fermer et de barter le trongon de route suivant : Rue King Est : La totalite de la parcelle de terrain situee dans The City of Saint John, dans le comt6 de Saint John et dans la province du Nouveau-Brunswick 6tant decrite plus pr&cis6ment comme suit : Partant d'un point du c6t6 nord de la rue King Est, a son intersection avec la fagade ouest d'un batiment connu sous 1'adresse municipale 207, rue King Est, ledit point ayant pour coordonndes graticulaires ajustdes du Nouveau-Brunswick (NAD83) E2535210,055 metres et N7363936,262 metres. De ]a, sur un azimut, selon les coordonnees graticulaires du Nouveau-Brunswick, de cent soixante-six degr6s (166°), quatorze minutes (14') et cinquante secondes (50"), longeant la fagade ouest du batiment a I'adresse municipale 207, rue King Est, sur une distance de 0,05 metre jusqu'a la facade sud du batiment susmentionn6. De ]a, sur un azimut de soixante-seize degr6s (76°), dix-sept minutes (I T) et cinquante secondes (50"), longeant la fagade sud du batiment a 1'adresse municipale 207, rue King Est, sur une distance de 14,43 metres jusqu'a un point situ6 sur 1'alignement nord de la rue King Est. De la, sur un azimut de deux cent cinquante-six degr6s (256°), vingt-neuf minutes (29') et cinquante secondes (50"), longeant la limite lat6rale nord susmentionn6e de la rue King Est, sur une distance de 14,43 metres jusqu'au point de depart. Une 6tendue de terrain d6sign6e comme etant une << partie de la rue publique King Est)), comprenant une superficie de 0,4 metre carre et etant designee plus particulierement sur un plan d'arpentage indiquant une partie de la rue King Est, City of Saint John, comt6 de Saint John, Nouveau-Brunswick, prepar6 par Hughes Surveys 136 And also, all that certain lot piece of parcel of land situate lying and being in the City of Saint John, in the County of Saint John, in the Province of New Brunswick and being more particularly described as follows: Beginning at a point on the northern sideline of King Street East at its intersection with the eastern face of the wall of a structure known as Civic # 215 King Street East. Said point having New Brunswick grid coordinate values of easting 2535244.298 metres and northing 7363944.484 metres. Thence on a New Brunswick grid azimuth of 167 degrees, 27 minutes and 40 seconds and following the face of the wall of Civic # 215 King Street East, a distance of 0.21 metres to the southern face of said building. Thence on an azimuth of 257 degrees, 13 minutes and 50 seconds along the southern face of the wall of Civic # 215 King Street East, a distance of 8.66 metres to a point. Thence on an azimuth of 256 degrees, 28 minutes and 20 seconds, a distance of 3.67 metres to the southeastern comer of a building known as Civic # 211 King Street East. Thence on an azimuth of 257 degrees, 10 minutes and 50 seconds along the southern face of the wall of a structure known as Civic # 211 King Street East, a distance of 8.46 metres to the northerly street line of King Street East. Thence on an azimuth of 76 degrees, 29 minutes and 50 seconds along the northern street line of King Street East, a distance of 20.79 metres to the place of beginning. A tract of land being designated as "portion of King Street East a Public Street" and contains an area of 2.1 square metres and being more particularly shown on a Plan of Survey Showing portion of King Street East, City of Saint John, Saint John County, New Brunswick, prepared by Hughes Surveys & Consultants Inc. and dated December 1, 2008, said plan signed by David V. Parkhill, New Brunswick Land Surveyor. & Consultants Inc., dat6 du 1" d6cembre 2008 et sign6 par David V. Parkhill, arpenteur-g6om6tre du Nouveau-Brunswick. Egalement, ]a totalit6 de la parcelle de terrain situae daps The City of Saint John, daps le comt6 de Saint John et dans la province du Nouveau-Brunswick, 6tant plus particulierement d6crite comme suit : Partant d'un point sur la limite lat6rale nord de la rue King Est a son point d'intersection avec la facade est d'un batiment connu sous 1'adresse municipale 215, rue King Est. Ledit point ayant pour coordonn6es graticulaires du Nouveau-Brunswick E2535244,298 metres et N7363944,484 metres. De la, sur un azimut, selon les coordonn6es graticulaires du Nouveau-Brunswick, de cent soixante-sept degr6s (167°), vingt-sept minutes (27') et quarante secondes (40"), longeant la facade du batiment a 1'adresse municipale 215, rue King Est, sur une distance de 0,21 m6tre jusqu'a la faQade sud du batiment susmentionn6. De la, sur un azimut de deux cent cinquante-sept degr6s (257°), treize minutes (l3') et cinquante secondes (50"), longeant la fagade sud du batiment a 1'adresse municipale 215, rue King Est, sur une distance de 8,66 metres jusqu'a un point. De la, sur un azimut de deux cent cinquante-six degr6s (256"), vingt-huit minutes (28) et vingt secondes (20"), sur une distance de 3,67 metres jusqu'au coin sud-est d'un batiment connu sous 1'adresse municipale 211, rue King Est. De la, sur un azimut de deux cent cinquante-sept degr6s (257°), dix minutes (10') et cinquante secondes (50"), longeant la fagade sud du batiment connu sous 1'adresse municipale 211, rue King Est, sur une distance de 8,46 metres jusqu'a un point situ6 sur 1'alignement nord de la rue King Est. De la, sur un azimut de soixante-seize degr6s (76°), vingt-neuf minutes (29) et cinquante secondes (50"), longeant la limite lat6rale nord de ]a rue King Est, sur une distance de 20,79 metres jusqu'au point de d6part. Une 6tendue de terrain d6sign6e comme 61ant une 137 (INSERT PLAN) Written objections to the proposed amendment may be sent to the undersigned at City Hall. ( SEE L PLAN) Veuillez faire part de vos objections au projet de modification par ecrit a ]'attention du soussigne a 1'h6tel de ville. 138 s a $ago Ir ~z milli MEMO ~ "fill ~ AAAAAAAAAAAA~~~ wwwwwwwn..www • I 'J' "J~J333A'! ; I i 1 1 U!, mini w i 19 Ch + BY-LAW NUMBER C,P.110-96 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 296 Morrison Road, having an area of approximately 1.14 hectares, also identified as being a portion of PID No. 55071351, from "P" Park 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: Mayor/ afire ARRETI No C.P,110-96 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 cc 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 I'annexe «A», Plan de zonage de The City of Saint John, rezonage d'une parcelle de terrain situee au 296, chemin Morrison, d'une superficie approximative de 1,14 hectares et portant le partie du NID 55071351, afin de faire passer la classification de zone de pare a P A zone residentielle rurale - habitations unifamiliales ((RR)) - toutes )es modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2009, avee les signatures suivantes : Common Clerk/Greffiere communale First Reading - February 2, 2009 Premiere lecture Second Reading - February 2, 2009 Dexiee lecture Third Reading - Troisieme lecture 2 fev6cr 2009 2 fevrier 2009 140 PLANNING A DEVELOPMENT ! URBANISME DtVELOPPEMENT REZONING 1 REZONAGE FROM / DE TO/A P RR Park 1 Zone de parc %J One Family Rural Residential 1 Zone r6sidentielle rurale- habitations unifamiliales Applicant: Kierstead Quigley and Roberts Ltd. Location: 296 chemin Morrison Road PID(s)/VIP(s) 55174171 & 55071351 07PC1 Drawn By/Cr66e Par: David Couture Date Drawn/Carte U66e: February 12 f6vrier, 2009 Recommended by RA.C.lconsi&6 par le C.C.U.: January 27 f anvier, 2009 Enacted by Coun&ApprouO par le Conseil: Filed in Registry Office/Enregistr6 le: By-Law #/Arr@t6 141 M & C - 2009-29 February 13, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Municipal Plan Amendment and Rezoning - Peel Plaza BACKGROUND: At the January 27, 2009 meeting of the Planning Advisory Committee, the Committee recommended revised terms and conditions to Common Council respecting the proposed development at Peel Plaza. Specifically, the Committee altered the conditions proposed specific to the parking facility by combining conditions a, b, and c into a single condition as follows: a. The site be developed i,n accordance ici,th, a detailed site plain Illustrating the locati,orn of all buildings, structures, parking areas, driceivaAs, signs, landscaping crud other site features, ail detailed building elevations plans prepared by the developer ail subject to the recieu, of the Planning dcisoi y C'oln.In.ittee crud the approval of Coln.In.oll Cou,rnci,l at a public rrn.eeti,ng advertised i,n th.e rrn.arnrner of a Piil)li,c Hearing. The undersigned worked closely with the City Solicitor to craft appropriate conditions for this component of the proposed development. Detailed plans for the parking facility do not yet exist and the City previously committed to seek public input on these detailed plans prior to constriction of the facility. The intent of the conditions proposed by staff was to ensure that the site plan and building elevation drawings for the future parking facility require approval by Common Council by future amendment to the Section 39 conditions proposed as part of this application. The wording is complex and is intended to impose a clear requirement for the eventual developer of the parking facility to obtain approval for a detailed site plan and building elevation plans as a pre-requisite to the development of the property. Inclusion of the site plan and the building elevation drawings in the Section 39 conditions provide the best "insurance" possible for the general public that the layout and design of the parking facility will meet community expectations. The condition advanced by PAC 142 Report to Common Council February 13, 2(_)(_)9 Page 2 inadvertently removed the requirement that the plans be adopted by amendment to the Section 39 conditions. Staff have consulted with the Chairman of PAC and have confirmed that the Committee did not intend this. Staff therefore recommend that Common Council adopt the terms and conditions originally recommended in the Staff Report. RECOMMENDATION: It is recommended that Common Council adopt the recommendation of the Planning Advisory Committee in its entirety with respect to the Municipal Plan amendment and the rezoning of Peel Plaza and that the Section 39 conditions be adopted as per the recommendation of PAC except that the conditions specific to the parking facility be as follows: Sbecific to the Parkin<u Facility a. The site be developed in accordance with a detailed site plan prepared by the developer illustrating the location of all buildings, strictures, parking areas, driveways, signs, landscaping and other site features. b. The appearance of the stricture be in accordance with detailed building elevation plans. C. The developer must have the Section 39 conditions to include the detailed site plan and building elevation plans. d. The developer provide a traffic study identifying the impacts of the proposed parking stricture on existing City streets and provide recommendations on any improvements to the street network required to facilitate the development to the satisfaction of the Development Officer and the Chief City Engineer. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager 143 BY-LAW NUMBER C.P. 105-24 A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW 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 6A of the Uptown Strategy, by redesignating an area of approximately 51,000 square metres, identified as PID Numbers 00040014, 00039875, 00037747, 55108062, 00037481, 00037739, 00037762, 00037507, 00037499, 00037515, 55088900, 55094908, 55084420, 55178792, 00038455, 00037697, 00039933, 55033773, 00039735, 55190151, 55190177, 55088918, and a portion of 00037689 from Low Intensity Mir to High Intensity Mix - 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: Mayor ARRETE No C.P. 105-24 ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors dune r6union du conseil communal, The City of Saint John a 6dict6 ce qui suit : Uarre16 relatif an plan municipal de The City of Saint John d6cr&6 le 3 janvier 2006 est modifi6 par : 1 la modification de ]'annexe 6A du Strat6gie visant le secteur Uptown d'une superficie d'environ 51000 metres carrdes, identifiec sous les NIDs 00040014, 00039875, 00037747, 55108062, 00037481, 00037739, 00037762, 00037507, 00037499, 00037515, 55088900, 55094908, 55084420, 55178792, 00038455, 00037697, 00039933, 55033773, 00039735, 55190151, 55190177, 55088918, et une partie du 00037689, de Milange a faible intensiti a Milange a forte intensite - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2009, avec les signatures suivantes : Common Clerk/Grefftere communale First Reading - February 2, 2009 Prei6re lecture Second Reading - February 2, 2009 Deuxi6me lecture Third Reading - Troisi6e lecture - 2 fevrier 2009 - 2 fevrier 2009 144 PLANNING AND DEVELOPMENT/ URBANISME ET DtVELOPPEMENT MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMtNAGEMENT Amending Schedule 6-A Modifiant annexe 6-A ~eS 1 eWeu~ o by d r co u h } y '1 FROM / DE TO / A Low Intensity Mix High Intensity Mix M61ange 6 faible intensity - M61ange ~ forte intensity Applicant: City of Saint John, Province of New Brunswick Department of Supply and Services, and Hughes Surveys & Consultants Inc. on behalf of the Saint John Parking Commission. Location: Peel Plaza PID(s)/NIP(s) 00040014, 00039875, 00037747, 55108062, 00037481, 00037739, 00037762, 00037507, 00037499, 00037515, 55088900, 55094908, 55084420, 55178792, 00038455, 00037697, 00039933, 55033773, 00039735, 55190151, 55190177, 55088918, and a prtion of / et une portion de 00037689 07PC1 Drawn By/Cr€6e Par: David Couture Date Drawn/Carte Cr66e: February 12 f6vrier, 2009 Recommended by RA.C./Recommand6 par le C.C.U.: January 27 Ranvier, 2009 Enacted by CouncillApprouv6 par le Conseil: Approved by Mlinister/Approuv6 par le Ministre: Filed in Registry OfficelEnregisW le: 145 BY-LAW NUMBER C.P. 110-97 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 an area of approximately 51,000 square metres, identified as PID Numbers 00040014, 00039875, 00037747, 55108062, 00037481, 00037739, 00037762, 00037507, 00037499, 00037515, 55088900, 55094908, 55084420, 55178792, 00038455, 00037697, 00039933, 55033773, 00039735, 55190151, 55190177, 55088918, and a portion of 00037689, from "1L-1" Neighbourhood Institutional, " RM-1" Three Storey Multiple Residential, "1-2" Heavy Industrial and "13-2" General Business to "B-3" Central Business pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - 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 ARRETE No C.P. 110-97 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a d6cr&6 cc qui suit : L'arret6 sue le zonage de The City of Saint John, d6cr& le dix-neuf (19) d6cembre 2005, est modifi6 par : 1 La modification de I'annexe «Au, Plan de zonage de The City of Saint John, d'une superficie d'environ 51000 metres carr6es, identifies sous les NIDs 00040014, 00039875, 00037747, 55108062, 00037481, 00037739, 00037762, 00037507, 00037499, 00037515, 55088900, 55094908, 55084420, 55178792, 00038455, 00037697, 00039933, 55033773, 00039735, 55190151, 55190177, 55088918, et une partie du 00037689, de quartier a vocation collective «<1-1 v, zone d'6difices a logements multiples de trois dtages t<RM- 1 zone d'industrie lourde o 1-2 et zone commerciale g6n6rale <(B-2)) a zone Commerciale centrale «B-3 » conform6ment a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur l'urbanisme. - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2009, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - February 2, 2009 Premi6re lecture 2 fevrier 2009 Second Reading - February 2, 2009 Deuxi6mc lecture - 2 fevrier 2009 Third Reading - Troisieme lecture 146 PLANNING AND DEVELOPMENT/ URBANISME ET DtVELOPPEMENT REZONING / REZONAGE Amending Schedule "A° of the Zoning By-Law of The City of Saint John Modifiant Annexe «An de I'ArrM6 de zonage de The City of Saint John 6 1 ~I o FROM / DE 1-2 Heavy Industrial 1 Zone d'industrie lourde IL-1 Neighbourhood Institutional 1 Zone de quartier 6 vocation collectif RIM-1 Three Storey Multiple Residential 1 Zone d'6difice 6 logements multiples de trois 6tages B-2 General Business /Zone commercial gen6rale TO/A I I - j B-3 Central Business / Zone commercial centrale N Applicant: City of Saint John, Province of New Brunswick Department of Supply and Services, and Hughes Surveys & Consultants Inc. on behalf of the Saint John Parking Commission. Location: Peel Plaza PID(s)/NIP(S) 00040014,00039875,00037747,55108062,00037481, 00037739, 00037762, 00037507, 00037499, 00037515, 55088900, 55094908, 55084420, 55178792, 00038455, 00037697, 00039933, 55033773, 00039735, 55190151, 55190177, 55088918, and a prtion of 1 et une portion de 00037689 07PC1 Drawn By/Cr66e Par: Date Drawn/Carte Cr66e: David Couture February 12 Wrier, 2009 Recommended by RA.C.IconsidW par le C.C.U.: January 27 janvler, 2009 Enacted by Council/ApprouO per le Conseil: Filed in Registry Office/Enregis" le: By-Law NArrdtd 147 Specific tot the Justice Facili a. The site be developed in general accordance with the submitted site plan prepared by the developer and subject to the approval of the Development Officer, illustrating the location of all buildings, structures, parking areas, driveways, signs, landscaping and other site features. b. The structure be erected in general accordance with the submitted building elevation plans and be subject to the approval of the Development Officer. Specific to the r ®e ci itv a. The site be developed in accordance with a detailed site plan prepared by the developer illustrating the location of all buildings, structures, parking areas, driveways, signs, landscaping and other site features. b. The appearance of the structure be in accordance with detailed building elevation plans. c. The developer must have the Section 3 conditions to include the detailed site plan and building elevation plans. . The developer provide a traffic study identifying the impacts of the proposed parking structure on existing City streets and provide recommendations on any improvements to the street network required to facilitate the development to the satisfaction of the Development Officer and the Chief City Engineer. Specific to the Public Plaza a. The City of Saint John provide the public with an opportunity for input on the final design of the public plaza prior to its construction. Applicable to Anv Development on the Subiect Propertv a. Municipal servicing be provided to the satisfaction of the Chief City Engineer or his designate. b. All development must be i accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer or his designate. 148 The city of Saint John February 12, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject: Garbage Collection Schedule for Priority Neighbourhoods Motion: The city manager will bring forward a report outlining the challenges of implementing a bi weekly garbage collection schedule in Saint John"s five priority neighbourhoods and in doing so, state the rationale for weekly garbage pick-up. Also, the report should provide possible strategies the municipality could implement in order to facilitate the elimination of this accommodation. Clearly, the weekly collection of garbage in our city's five priority neighbourhoods is in response to legitimate health and safety concerns. I commend council's decision to implement a necessary accommodation for weekly garbage pick-up for these communities. I do feel, however, the necessity for concurrently implementing a plan to empower these neighbourhoods to achieve levels of recycling and waste management comparable to what is being realized in rather parts of the city. Respectively Submitted, (received by email) Councillor Snook SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 www,saintjohn,ca C.P. 1971 Saint John, N.-B. Canada E2L, 41.1 149 February 16, 2009 His Worship Mayor Ivan Court And Councillors Subject: Committee of the Whole Meetings Location Your Worship and Councillors, At the meeting of November 10, 2008 Council passed the following resolution: "RESOLVED that unless otherwise approved, that all open Committee of the Whole meetings take place in the Council chamber." I understand that the intent of this motion was to ensure that all committee of the whole meetings take place in a location easily accessible to the public. All committee of the whole meetings begin in a format that is open to the public and move into closed session only if Council decides it is appropriate and allowable under the legislation. Historically the Clerk's office has been responsible for scheduling committee of the whole closed meetings in the 8t" floor conference room. This decision is always made with reference to the Municipalities Act. It eliminates the need to begin the meeting in Council Chamber for only a few minutes and re-convening on the 8t" floor. If Council chooses to permit the Clerk to schedule these meetings, we would ensure that any committee of the whole meetings that are not appropriate for closed session would be scheduled to take place in the Council chamber. Recommendation: That Council approve the following motions: 1. Resolved that the motion of November 10, 2008: "RESOLVED that unless otherwise approved, that all open Committee of the Whole meetings take place in the Council chamber.", be rescinded. Resolved that at the discretion of the Common Clerk committee of the whole meetings be scheduled in the Council Chamber, 8t" floor board room, or other appropriate location, subject to change by a vote of Council. Sincerely, Elizabeth Gormley Common Clerk 150 C'ite' Sollclto 's U//tce Bureau de Pavocat municipal February 12, 2009 Common Council of The City of Saint John Your Worship and Councillors: Re: Water & Sewerage By-law Imposition of Fines under the Municipalities Act Following Council's receiving the report entitled 2007 SahitJohii Water A111111al Wasteirater Report and upon hearing the presentation of Mr. Groody in that regard, the following resolutions were adopted: a) That Common Council receive and file the submitted report and authorize staff to forward the 2007 Saint .Ioh» Water A»»ual Wasteirater Report to the Department of Environment on behalf of The City of Saint John (Approval Holder), and b) That the Legal Department draft legislation to increase the fine with respect to the Water a»d Sei~e~°age By-Icn~ As a result, discussions have taken place between officials of Municipal Operations and this Department and an examination was also undertaken of the penalty regimes adopted by municipalities in other jurisdictions with respect to violations of water and sewerage by-laws. As a result of those efforts officials of Municipal Operations have concluded that a fine structure as follows would be a valuable element in achieving compliance with the provisions of our Water and Sewerage By-Law: /2 151 Common Council Cite Solicitor February 12, 2009 Page 2 Re: Water SeNverage By-law - Chnlges to the lhrnicipalitiesAct (i.e. Fines) • For an individual -a fine of not more than $10,000 for a first offence, not more than $20,000 for a subsequent offence • For a corporation - a fine of not more than $50,000 for a first offence, not more than $100,000 for a subsequent offence. Currently, the authority of the City of Saint John to create a by-law and impose fines rests upon the provisions of the Ahmicipalities Act. Pursuant to paragraph 100(1)(b) thereof, municipalities may impose minimum fines for violation of a provision and impose fines not to exceed the maximum fine that may be imposed for the commission of an offence punishable under Part II of the Proiliicial Offe»ces Procethire Act as a category D offence. The maximum fine that can be imposed presently is $1,070.00. Since the maximum fines suggested far exceed those which are currently authorized, amendment to the provincial legislation in that regard would be required. If such Legislation were to be amended to accommodate the recommended fines it would be available to all municipalities, so support from Provincial municipalities generally would be helpful in convincing the Legislature to act. If Council is supportive of seeking amendment to provincial legislation so as to allow the City to impose the fines described herein, then adoption of the following resolution would be in order: RESOLVED that the City of Saint John undertake the appropriate initiatives to achieve amendment of the Ahmicipalities Act so as to permit the imposition of the following fines for violation of a municipal water and sewerage by-law: (a) for an individual - a fine not exceeding $10,000 for a first offence, not more than $20,000 for a subsequent offence, and (b) for a corporation - a fine not exceeding $50,000 for a first offence, not more than $100,000 for a subsequent offence. Respectfully Submitted, John L. Nugent City Solicitor 152 0tv Solicitor' Office Bureau de Pavocat nnunicipal February 13, 2009 Common Council of The City of Saint John Your Worship and Councillors: Re: Legal Services - Peel Plaza Redevelopment Common Council adopted an action plan in March of 2008 regarding the redevelopment of Peel Plaza. As you may recall, the plan identified the potential for private sector participation in the development of several assets including the Police Headquarters, a new Parking Facility and the Public Plaza adjacent to the Police Headquarters. In addition to the studies and public consultations that the City continues to undertake in support of the Peel Plaza Redevelopment, the City has retained Deloitte & Touche LLP to provide advice and make recommendations on the delivery model options that would be viable for the delivery of aforementioned infrastructure assets that underpin the redevelopment. Given the complexity of the legal issues involved with the redevelopment, the City Solicitor's Office issued a Request for Proposal by Invitation in order to hire a Legal Consultant, with demonstrated experience and expertise in the areas of public-private partnerships, infrastructure development and finance in order to help realize the potential of the Peel Plaza Redevelopment Area. Three leading law firms from Atlantic Canada, one regional law firm from Fredericton and a national firm with the requisite experience responded to the call for proposals. The proposals were reviewed by an evaluation committee comprised of Mr. Beaulieu of this Department and myself The proposed legal fees ranged from $160,000.00 to $1,000,000.00. The evaluation criteria as applied by the evaluation committee to the technical and financial proposals resulted in the unanimous conclusion to recommend the engagement of Stewart McKelvey. The firm's financial proposal was in the amount of $180,000.00. /2 153 Common Council Februarv 13, 2009 Re: Legal Services - Peel Plaza Redevelopment City Solicitor Page 2 I am thus recommending that Stewart McKelvey firm be engaged to assist the City Solicitor's Office in providing legal services throughout the issuance of the Request for Qualifications and in the event Common Council decides to proceed with the public-private partnership procurement process, throughout the issuance of the Request for Proposals to financial close. It is the intention and expectation that the engagement of the Legal Consultant arising pursuant to the RFP will operate to equip the City Solicitor's Office with a significant measure of expertise in the legal dimensions of public-private partnership procurement models. Recommendation That Common Council approve the engagement of the Stewart McKelvey firm to assist the City Solicitor's Office in providing legal services throughout the issuance of the Request for Qualifications associated with the Peel Plaza Project, and in the event that Common Council decides to proceed with the public-private partnership procurement process, throughout the issuance of the Request for Proposals to the financial close, in accordance with the technical and financial proposals submitted by the firm. Respectfully Submitted, John L. Nugent City Solicitor 154 Your Worship and Members of Council, SUBJECT: WINTER STREET AND PEDESTRIAN SERVICES INTRODUCTION Snow, freezing rain, rain, ice build-up and extreme cold (temperatures fluctuating to mild and back again) are all realities of winter in this part of the world; causing inconvenience and producing a variety of public safety hazards. Freeze/thaw cycles with combinations of snow, freezing rain and rain can be taxing and add to the level of risk. Winter streets and pedestrian services are vital to keeping the community functional through the usually difficult months of winter. The underlying aim is to respond effectively and reliably to weather conditions; to provide well managed services across the full network of public streets and sidewalks under conditions that can vary widely. In working to this end, operations can only achieve "best results" with the cooperation and support of the public. Citizens, businesses and property owners must also adapt to the realities of winter, have realistic expectations of available municipal resources and, very importantly, do their part to help ease the effects of this most volatile of seasons. Purpose of Report The purpose of this report is to review factors that affect winter services, and to outline opportunities to enhance service effectiveness. SNOW CONTROL PRINCIPLES 1. Public safety first! Public safety is always foremost. 2. Manage the Plan Plan services in advance and manage to the Plan. 3. Evaluate Understand conditions before deploying resources. 4. Entire storm Manage entire storms (over days, not hours). 5. Consistency Strive to deliver expected level of service in each event. 6. Resources Resources are limited; budgets set allocations. 7. Public cooperation Citizens and property owners have responsibilities. 155 Winter Street and Pedestrian Services Report to Common Council, M&C 2009-31 BACKGROUND February 12th, 2009 Page 2 Dealing effectively with winter on behalf of the community involves much more than simply deploying City of Saint John plows and other snow control resources. Individual citizens, businesses and property owners need also to prepare for the season - both psychologically and in terms of routines and activities. Making ours a liveable winter community must involve the public working with the City. ca Have realistic service expectations -,January/February are not July/August; ca Be patient and safety conscious - for yourself and others; ca Clear access to private property; ca Do not block sidewalks with snow, ice or parked vehicles; ca Get vehicles off the street - do not impede with plowing and snow removal; ca Clear ice and snow from neighbourhood catch basins and fire hydrants; ca Call 658-4040 or listen to the radio for notification of parking bans; ca Adhere to guidelines for alternate side parking; and ca Work with City crews - they are out there serving the public. Winter 2008/2009 Although not without precedent, this winter has been more challenging than most - extreme cold and a considerable amount of snow interspersed with short periods of mild temperatures and rain. Freeze-thaw-freeze cycles, with extreme cold, create conditions that are very demanding on snow control operations and hard on equipment. Temperatures (°C) - January 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 1-10 Low High -5 0 - -5 - -10 - -15 - -20 - -25 - -30 - - -35 -40 156 Winter Street and Pedestrian Services February 12th, 2009 Report to Common Council, M&C 2009-31 Page 3 Rock solid ice is always difficult to deal with; particularly on sidewalks that do not benefit from the positive effects of heavy traffic. More tough conditions should be expected, with associated inconveniences, before snow and ice melt away in the spring. A concentrated, week-long "special operation" was undertaken beginning Saturday, January 31" - to cut ice and remove snow from priority areas, most notably school zones and areas prone to flooding. For example, an emphasis was placed on the Glen Falls neighbourhood. Full City Works crews were deployed, with all shifts working 12 to 16- hour days and sometimes longer. Most workers, supervisors and management staff did not have a day off for at least two weeks. The support of Fleet maintenance was crucial over this period. Additionally, Saint John Water was utilized to clear catch basins and drainage courses. Substantial contract resources were also hired. Our people responded to the challenge with gusto. It was gratifying to see their spirit and dedication. Those crews, their foremen, management staff and support personnel have worked tirelessly in response to difficult winter circumstances and, at times, unrealistic expectations. They demonstrate time and again a clear understanding of their mission to serve the public. Citizens who cooperated and worked with us also make a huge contribution and a big difference in the level of service that is possible. Service Standards What are service expectations? What is realistic? What is the service standard that Council wants for winter services and what are the cost implications of delivering that standard? Service levels have to be defined and funded to enable their attainment, with performance criteria diligently managed. Realistically, budget levels often do not suffice; funding amounts should not unduly restrict operations or limit services when weather conditions are severe. The community's needs relative to actual winter conditions must ultimately determine the level of response required. Snow and Ice Control Plan Winter operations require planning and a considerable amount of preparation. Snow control services are resource intensive and among the most costly provided by the City. A comprehensive contingency plan goes into effect each November V. It coordinates preparations, assigns resources and guides operational protocols. Construction and maintenance work is curtailed, equipment rigged for winter, materials prepared and personnel readied. The reality of available resources becomes particularly evident in late fall, when people expect maintenance and construction activities to continue as long as possible. At the same time, preparations for the snow operations must begin. The same people, equipment and support resources provide both winter and summer services. 157 Winter Street and Pedestrian Services Report to Common Council, M&C 2009-31 Winter Streets Service February 12th, 2009 Page 4 A system of 30 plowing routes covers the full inventory of 1 137 municipal roads and streets. Heavy trucks (18), front end loaders (9) and graders (2) are rigged with front and wing plows to service these routes, supported by small trucks for narrow streets and dead ends. Two contracted loaders, with single plow, and two "yard" loaders augment resources. Each route is organized on a street priority basis (I to IV), as follows: ca Priority I - arterials, hospital routes and major bus routes ca Priority II - collector streets and minor bus routes ca Priority III - subdivision streets ca Priority IV - limited service lanes Street salting/sanding is provided by 12 heavy trucks rigged with spreader and plow. Winter Pedestrian Service Citizens do not stop walking in winter. As such, maintenance of sidewalks through the winter season is important. Sidewalk snow and ice control services have challenges somewhat different than streets, particularly during periods of freeze-thaw cycles, followed by extreme cold. Servicing is organized around 16 routes; provided by small, specialized pieces of equipment rigged with plows or snow blowers and salt/sand spreaders. There are 19 pieces of equipment - one heavier duty tracked unit and 18 wheeled units. A specially designed dump truck services these units with salt and sand. ANALYSIS Winter services only lessen the effects of the season; they do not eliminate the impacts of winter or produce 'July like conditions" in ,January. The extent of the mitigation possible is influenced greatly by the severity of weather conditions. Pedestrian and vehicle movement are more difficult in winter, people are inconvenienced and the municipality incurs unavoidable costs. Storm events and temperatures fluctuations do not follow a set timetable - adverse conditions can occur at any time. As round-the-clock manning would be extremely expensive, snow control operations must be responsive and adapt to varying circumstances. This often involves a considerable amount of work outside of normal business hours - overtime. Noteworthy is the fact Saint John is plagued by several factors that make winter servicing more difficult and more costly than it should be. Streets dotted with vehicles cannot be efficiently or effectively cleared. Small sidewalk units cannot handle the huge mounds of snow and ice ploughed from business and other properties onto sidewalks. Also challenging are the sometimes unrealistic expectations and the unwillingness of some to share in making the community liveable over the winter months. 158 Winter Street and Pedestrian Services Report to Common Council, M&C 2009-31 10 Factors for Review Variable conditions of winter 2. Levels of service 3. Resource allocations (budget funding) 4. On-street parking and "abandoned" vehicles 5. Blocking of sidewalks 6. Need for removal of snow 7. Management and use of winter materials 8. Responsibilities of citizens, businesses and property owners 9. Media as part of the solution 10. Snow and Ice Control Plan February 12th, 2009 Page 5 Each of these will be discussed and together will cover the recommendations for follow- up action put forward. 1. Variable Conditions of Winter Each winter is different. Conditions can vary widely, often making normal day-to- day activities more difficult. Driveways need to be cleared, the ice that forms can be virtually impossible to remove, and parking one's vehicle can become problematic. The municipality will incur considerable costs in striving to mitigate the impacts of this very Canadian of seasons. Adding to the challenge is the emerging and significant uncertainty of climate change and its impacts. These variable conditions must be recognized and built into service planning. With limits on staffing and equipment levels, for example, the level of service possible will not be the same under all possible weather scenarios. 2. Levels of Service Response to winter storms is based on service needs, a system of priorities and time requirements; plows cannot be everywhere at the same time. People who reside along lower priority streets should expect to wait longer for service. Resource allocations set through the planning and budget process are expected to combat conditions that can vary widely from one winter to the next and even from one day to the next - by type, intensity and duration. In the end, however, the quality of the service provided must be adequate and responsive to the needs of the public - through variable winter emergencies. 159 Winter Street and Pedestrian Services February 12th, 2009 Report to Common Council, M&C 2009-31 Page 6 Service levels are under reviewed and a set of updated performance expectations (ranges based on variable conditions) will be brought forward for the consideration of Council. These will reflect resource allocations, with recognition that the level of service possible is constrained by the severity of conditions. Leadership is challenged to prepare staff, make individual operators accountable for their snow control route and care of equipment. A system of service measurement, based on routes, will test performance against sought after goals. It is important to point out that the performance of Saint John Works snow control staff has been generally excellent. They respond, without fail, to emergencies and demonstrate commitment to serving the public at any time of day or night when most people are comfortably in their homes. 3. Resource Allocations (Budget Funding) The City must budget for winter services based on what it expects to experience over the course of a "typical" winter season. Given the need to make assumptions, Council and the public should not be surprised when costs rise sharply over some winter seasons. In the end, the needs of the community determine the resources expended to mitigate the impacts of winter. Operations should not be unduly restricted or services limited by the severity of weather conditions. In fact, it is at those times that services are needed most. Building in contingency funding should be a part of every budget process. 4. On-Street Parking and "Abandoned" Vehicles y On-street parking and vehicles that have been virtually "abandoned" for the winter are a curse to snow clearance in Saint ,John, restricting accessibility to some ✓ neighbourhoods and hindering the safe movement of people and vehicles. Fire, police and ambulance services can be seriously impeded. This is a costly problem and unnecessary impediment to service. It is also something that is almost entirely avoidable. Most jurisdictions across the country have clear and realistic restrictions concerning on-street parking and vehicles "abandoned" on streets during the winter season. Sister communities across the region have clear and unequivocal requirements built into their traffic by-laws. Although Saint John has some unique parking challenges in some areas, our community is similar to most across the great majority of its neighbourhoods. By and large, this community is similar to other Canadian cities - all have to prevent winter parking on streets from interfering with traffic flows and snow control. 160 Winter Street and Pedestrian Services February 12th, 2009 Report to Common Council, M&C 2009-31 Page 7 Viewing on-street parking from the perspective of the 30 snow control routes suggests that parking on streets should not be an issue for most areas of the city and most streets. That is not to say that people don't park their vehicles on those streets now or that there would not be a degree of inconvenience associated with changing current habits. Most residential neighbourhoods have adequate access to private space off the street for parking. It is reasonable to expect vehicle and property owners to make necessary arrangements for their parking. The community, pedestrians and motorists generally, and emergency services should not experience adverse consequences nor should taxpayers incur avoidable costs because some people and/or their landlords are not responsible concerning parking. Is it appropriate that someone uses a municipal street to park their RV bus over the winter? Parking issues can be broken down (across 30 snow control routes) as follows: ca On-street parking should not be an issue: 22 routes (73.3%) ca South Central parking ban provisions in effect 3 routes (10.0%) ca Parking issues need focused attention 5 routes (16.7%) These numbers suggest that only about a quarter of the City's street system needs some type of special attention concerning parking. In fact, when one considers the structure of snow control routes and their particular streets, it is reasonable to conclude that the actual percentage is considerably smaller. Suggested Approach The following 7-point approach is proposed: a. Acknowledge that parking is a private responsibility. b. Recognize that on-street parking during the winter months is a serious impediment to snow control services, resulting in unacceptable street conditions and avoidable costs to taxpayers. C. Keep the administration of on-street parking as broad-based and as straight forward as possible; focus attention on the exceptions. d. As a general principle, adopt a policy that on-street parking will not be allowed to interfere with the effective delivery of winter services. e. Identify specific streets that warrant special (short term only) consideration and adopt provisions for those streets (e.g. the temporary overnight parking bans in the South Central Peninsula). f. Pursue long-term community planning and engineering solutions for the dearth of off-street parking in some areas of the city. g. Understand that some vehicle owners will be inconvenienced. 161 Winter Street and Pedestrian Services February 12th, 2009 Report to Common Council, M&C 2009-31 Page 8 A general by-law provision should be developed that would prohibit overnight on-street parking between November 1" to April 15" of each year, with special consideration given to designated neighbourhoods and streets. Areas identified as Dossibly_ being in this "special" group include parts of: ca South Central Peninsula ca Old North End ca Douglas Avenue ca Lower West Side ca Lancaster Avenue and several narrow side streets ca Rockwood Court, Wright Street and area Staff working with the Parking Commission would help these neighbourhoods identify alternative "storm" parking locations (where practical and cost neutral) and develop strategies to minimize parking difficulties. Vehicle owners and their landlords would share in making ours a liveable winter city. All other streets, in all other areas of the community, would be identified as parking-free zones during winter snow control operations. 5. Blocking of Sidewalks When it comes to maintaining the system of winter sidewalks, the cooperation of citizens and business owners is vitally important to service effectiveness. A special thank you is extended to all those who make a positive difference. People are asked to clear the sidewalks fronting their properties and to make every effort to ensure that walkways, catch basins and fire hydrants in their neighbourhoods are kept clear of snow and ice. Unfortunately, many property owners and/or the people they hire to plow their lots and driveways make servicing sidewalks excessively difficult or even impossible. Large piles of snow and frozen windrows left across pedestrian routes are serious obstacles for plowing equipment - often insurmountable. The added burden of these impediments slows productivity and adds costs that would be otherwise avoidable. Additional snow and ice placed on City sidewalks from adjacent properties significantly lengthens the time needed to clear snow. Staff from Pedestrian and Traffic Services found through an in-the-field experiment that it took approximately twice the time to clear sidewalks burdened with snow deposited from adjacent properties compared to those containing only the 162 Winter Street and Pedestrian Services February 12th, 2009 Report to Common Council, M&C 2009-31 Page 9 accumulated snowfall. This leads to service inefficiencies - with sidewalks impassable x for longer than should be, significantly increasing the cost of service and giving time for snow to turn to ice. Ice on sidewalks is very difficult to remove. The cooperation of property owners is essential - both business and residential. A focused public information campaign on A CAN, Sides alk Plow Operator makes his )va.° winter sidewalk responsibilities is needed, through a large pile of snow placed from an coupled with enhanced by-law prOVISIOnS adjacent property. Snow deposited on sidewalks can double the time it takes to clear the snow. that will be proactively enforced. Section 20 of the Traffic By-Law currently states: "No person shall place snow or ice upon any street, sidewalk or square in such a manner that impedes or is likely to impede the movement of traffic or pedestrians thereon." This is a practical by-law stipulation that needs to be respected. The maximum fine allowable ($50), however, is not much of a deterrent to those depositing snow on sidewalks. A review of Moncton's and Fredericton's by-laws related to this topic reveals that Saint ,John's penalties are very low in comparison; the maximum penalty in these municipalities is $1070 and $500, respectively. The primary goal is to prevent the placement of snow on sidewalks so as to make their clearance as timely as possible and allow for their safe use by pedestrians. Amendment to Provision Descriation and Penalties The by-law provision describing restrictions on depositing snow on sidewalks must be clear. The section 20 provision, for example, should be open to as little interpretation as possible. Other municipalities simply state that placing snow on sidewalks is not permitted at all. As the existing maximum penalty of $50 within the Traffic By-Law is not sufficient to deter those who deposit snow on sidewalks, penalties should be increased to range from $200 to $500. Such levels would be more effective at preventing violations and are more representative of those used elsewhere. The penalty range would permit fines to increase with the adverse impact on the public sidewalk service. Repeat offenders or excessive quantities of snow placed on sidewalks would be typical factors used to warrant the issuing of fines at the higher ($500) level. 163 Winter Street and Pedestrian Services Report to Common Council, M&C 2009-31 February 12th, 2009 Page 10 A provision for a voluntary fine of $100 is also proposed. The voluntary fine allows the parties to avoid potentially costly court proceedings. Enforcement remains a challenge. Particular information must be gathered at the time of the offence to successfully uphold a charge. Police Force members have the authority to lay such charges; as would designated By-Law Enforcement Officers. On-duty police officers would not likely be available to participate in enforcing this by-law, but is may be possible to access off-duty police officers from time to time. Municipal Operations supervisors that participate in snow and ice control operations are typically in the field during and following snow storm events and could assist in gathering some information. Commitment of Time Similar to the enforcement of any by-law, laying charges under this provision and successfully up-holding them in court will take staff time. A commitment to follow through with the Legal process has to be made. 6. Need for Removal of Snow Snow build-up takes up space, freezes into ice, creates a water source for ice, and is an obstruction to pedestrians and traffic flows. The greater the accumulation the more problematic winter conditions become. Removal of snow (blown off the right-of-way or picked up and trucked away) significantly improves street and sidewalk conditions. The activity, however, is resource and energy intensive, with snow dumps difficult to locate (for environmental reasons). Snow removal is an essential part of urban snow control; a plan for the removal of snow from specified, but not all, areas is a requirement. Current priorities for snow removal focus on the following areas: Streets fronting schools where buses drop off and collect children; 2. Major bus stops; 3. Areas that are restrictive to disabled members of our community; 4. Public streets fronting major residential complexes for seniors; 5. Specified streets in commercial areas such as the uptown and others; 6. Public streets fronting major public facilities (e.g. Imperial Theatre); 7. Specified intersections and other well used crosswalks; and 8. Others as determined through public input and Council direction. 164 Winter Street and Pedestrian Services Report to Common Council, M&C 2009-31 February 12th, 2009 Page 11 The primary hauling resources for these activities are tandem trucks and tractor- trailer dumps hired, as needed, from the private sector. Hired trucks make sense for several reasons. The equipment is designed specifically for hauling material, with large carrying capacity. The use of as-required rentals provides capacity (without the associated overhead) and avoids compromising the primary role of City plow trucks (plowing and push-back) and reducing wear and tear on that equipment. It is also generally more economical to utilize rental trucks during overtime operations, particularly when internal resources are fully taxed. City Works trucks are dedicated primarily to plowing and salting/sanding, and should not be redirected from those activities. Time also needs to be scheduled for servicing so that readiness levels are kept as high as possible and breakdown potential minimized. 7. Management and Use of Winter Materials Usage of winter salt and sand for roads and sidewalks varies in direct proportion to the severity of winter conditions. A summary of road salt purchases over the last five winter seasons has been as follows: CA 2003/2004 CA 2004/2005 ca 2005/2006 CA 2006/2007 ca 2007/2008 12,009.1 tonnes 13,003.1 tonnes 11,469.3 tonnes 11,693.3 tonnes 18,754.0 tonnes (2 storage sheds) (2 storage sheds) (2 storage sheds) (2 storage sheds) (2 storage sheds) Projected usage for this season will be higher than average, but somewhat less than last year: ca 2008/2009 16,000.0 tonnes (1 storage shed) Higher salt usage over the last two winter seasons is not unique to Saint ,John; more severe winter conditions are affecting jurisdictions across eastern Canada and the United States. Conditions are also straining the ability of suppliers to meet demand. Both Maritime suppliers, one in Sussex and the other in Pugwash, have been stretched to the limits of their capacity. It should also be noted that the salt we are using (from Sussex) is a by-product of the mining of potash and its availability is directly related to the demand and availability of that potash. Working with only one storage facility (a second is under construction), with day- to-day resupply limited, salt has to be strictly managed and used in a purposeful way. Usage guidelines are incorporated into the Snow and Ice Control Plan. 165 Winter Street and Pedestrian Services February 12th, 2009 Report to Common Council, M&C 2009-31 Page 12 8. Responsibilities of Citizens, Businesses and Property Owners Winter street and pedestrian services are important to commerce and the public generally. These are also services delivered under very difficult conditions. City operations must "connect" with their public, and vice versa. While the public has to appreciate the challenges associated with service delivery, staff must understand where that service is effective and where it must be improved. The effectiveness of winter services depends on the community working together to accomplish the overriding goal of making Saint John a liveable winter city. We all seek the same end; to overcome conditions that can be unforgiving. The public information model for winter services is being enhanced, thanks to the City's communications arm, with regular public service advisories and a designated spokesperson always available to the media. Additional staff is also assigned to taking calls from the public and relaying priority concerns to supervisors in the field. A feature, particularly important to the winter sidewalk service, is experienced field personnel dedicated to "connecting" with citizens, business owners and snow plow operators who might be inclined to push or dump snow onto sidewalks and streets. Exposure to liability is an unfortunate reality of municipal service delivery; careful attention has to be paid to the service parameters set out in the Snow and Ice Control Plan. The City's liability exposure is reduced when the plan is followed and services delivered as consistently as possible. 9. Media as Part of the Solution Constructive and balanced feedback is important to services and their improvement. Gratuitous negativity, on the other hand, is a debilitating poison. In emergencies, the media has a key role to play in helping service providers connect with the public. Winter storm events are often among the most challenging emergencies that a municipality experiences and, as such, coordination with media agencies is critically important. Communications staff will be liaising with those companies on how to best build up information links. Service providers also rely on the media for feedback. In doing so, we simply ask that those making commentary on operations and service delivery do so in a manner that is well-informed, respectful and constructive. It will always be the objective of the City to work towards enhancing services and improving efficiencies within the bounds of available resources and reasonable costs. In the end, the public must appreciate that winter conditions vary in severity and those conditions will affect the level of service that is possible. 166 Winter Street and Pedestrian Services February 12th, 2009 Report to Common Council, M&C 2009-31 Page 13 10. Snow and Ice Control Plan The Snow and Ice Control Plan is a comprehensive guide to winter street and pedestrian services, covering: ca Organization, resources and responsibilities ca Defined levels of service ca Winter service budgets ca Structure of street plowing routes and salting/sanding procedures ca Organization of sidewalk service routes ca Standard operating procedures (SOPS) ca Operational and decision guidelines ca Snow removal priorities ca Media advisories and public information ca Related services and operations A review of the Plan has been underway, with the goal of enhancing its clarity and conciseness for the community. Policy aspects of this contingency plan, such as defined levels of service, will be brought to Council for its approval. INPUT FROM OTHER SOURCES The City of Saint John values all feedback and requests received from the public. We also very much appreciate the cooperation shown by citizens during winter operations. FINANCIAL IMPLICATIONS The cost of winter snow services cannot be predicted with accuracy. If Council insisted that levels of service be tied rigidly to budget funding, the quality of service possible would varying considerably from one winter season to the next. It is our understanding that Council and the public want good quality, well managed winter services. Guided by this, service costs will be largely determined by service demands, the need to deal with the conditions being experienced by the community. Winter operations are costly and, as such, service delivery must be astutely managed; overtime costs controlled, snow removal operations prioritized and resource allocations carefully applied. Positive Energy Success demands clear and common objectives, an understanding of the realities and challenges, and diligent preparation - with all energies alianed. 167 Winter Street and Pedestrian Services February 12th, 2009 Report to Common Council, M&C 2009-31 Page 14 RECOMMENDATIONS It is recommended that Common Council: 1. Declare that making Saint John the most liveable winter city possible is a shared responsibility and requires the cooperation of the entire community. 2. Recognize that variable winter conditions will affect the delivery and cost of winter street and pedestrian services, and that service planning shall reflect this reality. 3. Redefine service levels and update performance expectations by March 30", 2009. 4. In light of variable and unpredictable weather conditions, consider incorporating a contingency funding mechanism for annual operating budgets for winter services. 5. Adopt the 7-point approach to winter on-street parking, identified herein, and ask the City Solicitor to work with staff to draft appropriate by-law provisions or amendments and associated operating procedures by March 30", 2009. 6. Reiterate that no person shall place snow or ice upon any street or sidewalk in a manner that impedes or is likely to impede the movement of traffic or pedestrians, or restricts and impedes winter snow control operations or delivery of services. 7. Accept in principle the need for by-law amendments to better deal with those who deposit snow on municipal sidewalks, and request the City Solicitor to draft by-law amendments summarized herein for Council's consideration by March 30", 2009. 8. Recognize that snow removal based on the priorities identified herein is an essential part of the City's winter street and pedestrian services. 9. Support an enhanced public information model for winter services. 10. Ask media agencies to work constructively with the City towards improving winter street and pedestrian services. 11. Consider the policy aspects of the Snow and Ice Control Plan by March 30", 2009. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, FCA City Manager 168 i Ai ~ QII ~ 'I, j WbN r ' . r M& 0009 -;6 February 12, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council, SUBJECT: Saint John Water - 2008 Annual Wastewater Report BACKGROUND: V The City, it I ohn, Municipalities in New Brunswick operate wastewater treatment facilities and collection systems under conditions set out in certificates of AI)I)i•oval to 01)erate wastewater works. Developed by the Department of Environment (DOE), these formal approvals set out standards for wastewater treatment facilities, collection systems including pumping stations and system operators that strive to protect public health and the environment. The City of Saint John (as the Appi°olal Holder) provides wastewater services to the public under the authority of seven Appro1,a1s to Operate Wasteiu 'ater Wol°ks. Y S-1538, Millidgeville Wastewater Treatment Facility (WWTF) S-1313, Lancaster WWTF S-1536, Hazen Creek WWTF S-1537, Marsh Creek WWTF S-1541, Monte Cristo WWTF S-1540, Greenwood WWTF Y S-1539, Morna Heights WWTF Each certificate represents formal authorization to the APProlal Holder by the Minister of Environment to operate wastewater works. Each directs that: 169 M& 0009 -;6 February 12, 2009 Page 2 The Appl°o1,al Holder shall operate the irastell'ater l rorks in compliance 1 rith the Water Quality Regulation 82-126 filed ender the Clean Elwirownent Act of the P1.01111(•e of New Brimsiriek. T iolatioyi of this AI))roval or cm1, term and or comlitloli herelli col?stltittes a i lolatlon Of the Cleal? E1111rolinlel?tAct. The certificate ofAI))roval to 01)erate is a regulatory tool that sets out various conditions that all municipal wastewater works are required to abide by, for instance, the Federal Fisheries Act F- 14 and the Canadian Environmental Protection Act, 1999. As well, the City of Saint John is responsible for submitting data to the National Pollutant Release Inventory (NPRI). Saint John Water fully endorses these standards and the philosophy behind the need for strict regulation relating to the treating and disposing of municipal wastewater. After all, an effective wastewater management service protects public health from waterborne disease, protects the natural environment including aquatic and wildlife and protects water sources for safe recreational use. Protective Barriers Management of Saint John Water's wastewater service is based on a continuum of protective barriers to ensure that the quality of wastewater at the end of the pipe meets or exceeds all limits listed in the Appl°o1,al to Operate. The multiple protective barriers are: Source Wastewater; Treatment, Operations & Maintenance, Y Monitoring & Alarms; Y Emergency Response. Advancements have been made in a number of the protective barriers in 2008. As an example, a new web based Laboratory Information Management System, Wastewater Trax has been developed and implemented to better manage the results from over 9000 annual wastewater analyses. From Wastewater Trax, if any Appl°o1,al to Operate limits are violated, an e-mail alert is immediately issued to operations, laboratory and DOE personnel increasing the level of communication between Saint John Water and the regulatory agency and providing the opportunity to respond to any issues more quickly. 170 M& 0009-36 Febwary 12, 2009 Page 3 Annual Report While the certificate of AI)I)roval to 01)erate requires only quarterly submissions to the DOE, Saint John Water has chosen to also submit an Annual Report as is done for the Drinking Water services. This Report provides the DOE with pertinent technical and operating information relating to the collection and treatment of wastewater such as: Analytical results (wastewater sampling, analysis and compliance), Operational events (wastewater treatment and wastewater pumping), Y Toxicity, National Pollutant Release Inventory, Water and Sewerage By-law, Water and Sewerage By-law violations, CAEAL / CALA Certification - Saint John Water Environmental Laboratory, Service Program Performance Indicators, Capital Wastewater System Improvements, Operator (training, certifications and staffing changes), Human Resources, Y Public Information, and Commitment The Annual Report is also in keeping with one of the seven commitments of the Corporate Strategic Plan - Demonstrating Accountability. ANALYSIS This is the second Saint John Water - Annual Wastewater Report, with all its attachments and documents, consists of over a hundred pages of facts and data. Rather than table such a voluminous document with Common Council, just the main body of the Annual Wastewater Report is attached hereto, with its various sections summarized herein. A frill copy of the Report with all appendices is on file with the Common Clerk. 171 M& C 2009-316 Febwary 12, 2009 Page 4 Introduction Saint John Water is responsible for the delivery of water and wastewater services on behalf of the City of Saint John. The Annual Report is intended to provide the DOE (system regulator) with pertinent information relating to the delivery of the municipal wastewater service. Analvtical Results Over the course of 2008, the City analyzed wastewater from 7 wastewater treatment facilities. Samples are obtained from the influent entering the facilities, the effluent leaving the treatment facilities and at various strategic locations within the process. The New Brunswick Department of Environment's certificates ofApproial to Operate outline the analysis requirements. In 2008, the Saint John Water Environmental Laboratory analyzed over 9,000 wastewater samples. Saint John Water consistently collects and analyzes more samples than are required by the AI)I)roval to Operate, as close monitoring enables better control over the efficiency of treatment facility operations. Other testing requirements such as, NPRI, toxicity and biosolids metals samples are analyzed by contracted laboratories. Operational Events - Wastewater Treatment The 2008 Lancaster Lagoon Cell Biosolids Removal and Dewatering Project completed one half of cell number 2. The other half of cell 2 is scheduled to be completed in 2009. 172 M&C2009-36 February 12, 2009 Page 5 The 2008 biosolids profile indicated that 1,400 M; of solid material entered and remained in the bottom of cell number 1 in 2008. Operational Events - Wastewater Pumping There was a major dry well flooding event at `X' Station WWPS, located at 375 Greenhead Road, on April 11, 2008 that was outlined in a Report to Common Council, M&C 2008 - 209, on July 17, 2008. An electrical rebuild was required to replace the damaged electrical equipment that was located underground in the dry well. The new electrical equipment was required to be brought above ground, by Order to Comply from the Provincial Electrical Inspector. It is now housed in a new enclosure to prevent possible firture flooding damage. A Public Service Announcement was issued on April 17, 2008 to various media outlets regarding this event. DIT 1fell 11-ith electrical S1 wtell7S lOkdergroluld Electrical S9'S/ems re-located above ground onside the enclosure The Millidge Avenue WWPS electrical meter, located at 1043 Millidge Avenue, experienced flooding during the May flood event. The meter was located adjacent to the yellow bollard. After the flooding, this meter was relocated inside the enclosure to prevent impact from firture flooding 173 II m 1- ' M&C2009-36 February 12, 2009 Page 6 s Be>f )re -lxnrer meter located next to Yellow barricade The Market Place WWPS bypass gate located in the storm sewer within a City right of way, on Port Authority property broke away from its supports, on or around May 1, 2008. This is a 60" high rectangular gate required the services of underwater welders, divers and a boom truck working in a confined space, with tidal impacts inside the storm sewer. There were major tidal influences on the sewer system during high tide where local sewers were surcharged and the WWPS was required to continuously pump the harbour's water. Necessary repairs were completed on November 8, 2008. ,I ~ I II ~N OIINI~i ill"'d9i r. "J I ni a K, ~i yi~( v,. J „',iidu oV~ IN III „ Jp S n..~F 4 ~1 T i A~o I. 1lanketl'lace i -frps b.1 7)(l,v,v gate 174 M& 0009-36 Febwary 12, 2009 Page 7 Toxicitv August 2007 was a relatively dry month with below normal precipitation. Millidgeville and Marsh Creels WWTF's effluent samples did not pass the acute toxicity analysis for Daphnia Magna. Samples were obtained in August 2008 in an effort to replicate the same type of conditions as in 2007 and samples were analyzed. In Summary, the 2008 results of the acute toxicity testing (Appendix J) for Millidgeville and Marsh Creels WWTF's are as follows, Date Test Species Millidgeville Marsh Creels August 26 Daphnia Magna PASS PASS There is no need for further toxicity analysis of the WWTF effluent until 2010 since all other effluent toxicity analyses in 2007 passed and the resamples in 2008 passed. Testing is recommended every 3 years if effluent samples are non - toxic. National Pollutant Release Inventorv (NPRI) Now into the sixth year, Saint John Water has been reporting to the NPRI as a result of a number of "triggers" identified in their reporting guidelines (see Appendix IL). There are 4 wastewater treatment facilities and a number of outfalls categorized as `Outfalls' that trigger reporting for some parameters. These parameters are as follows, Millidgeville WWTF - Nitrate ion in solution at pH greater than or equal to 6.0 and total ammonia Hazen Creels WWTF - Nitrate ion in solution at pH greater than or equal to 6.0 Lancaster Lagoon WWTF - Total ammonia and Lead (and its components) Marsh Creels WWTF - Nitrate ion in solution at pH greater than or equal to 6.0 Outfalls - Total ammonia These parameters would have an effect on the toxicity of effluent but they are not at levels high enough to make the effluent `acutely or chronically toxic'. 175 M& 0009 -;6 February 12, 2009 Page 8 Water and Sewerage By-law Saint John Water has adopted the Canadian Council of Ministers of the Environment (CCME) model Sewer Use By-law and has made modifications to suit our unique municipal profile. The City of Saint John Legal Department has reviewed the motion passed by Common Council, in 2008, to examine the possibility of increasing the fines in the proposed By-law. The Legal Department has determined that the City of Saint John must abide by the Municipalities Act of the Province of New Brunswick and its fine stricture. Options are being examined including an application to the Province of New Brunswick to change the Municipalities Act so that the fine stricture can be increased as a deterrent to By-law violations. Saint John Water is committed to submitting a proposed Sewer Use By-law for approval by Council, in 2009, which will allow staff to conduct consultation sessions with the industrial, commercial and institutional sectors. Saint John Water expects to receive and consider feedback before submitting the final version of the Sewer Use By-law to Council for approval. Meanwhile, the Legal Department will continue to investigate the possibility of an increase in the fine stricture in accordance with a possible amendment to the Municipalities Act. Water and Sewerage By-law Violations In 2008, there were a few Water and Sewerage By-law violations. However, in each instance, staff has been able to identify the contributing problem and have been working with a number of industries in developing short term and long term action plans. The plans are structured such that industries identify a path necessary for them to enter into compliance with the By-law. CAEAL / CALA Certification - Saint John Water Environmental Laboratorv In March 2008, the initial carbonaceous BOD (cBOD) proficiency testing was completed with an acceptable result. This will be an important parameter since it is one of the standards listed in the proposed CCME Strategy. On October 1, 2008, the Canadian Association of Environmental Analytical Laboratories announced that it had transitioned to a new body that is referred to as the Canadian Association for Laboratory Accreditation Inc. (CALA) and forwarded a new Certificate of Laboratory Proficiency. Saint John Water's Environmental Laboratory will seek frill Accreditation status in 2009. A Quality Manual and a Standard Operating Procedure Manual will be developed and a site visit completed to gain frill Accreditation status. 176 M&C 2009 - 36 February 12, 2009 Page 9. Capital Wastewater Svstem Improvements During 2008, Municipal Operations and Engineering administered a total of 13 wastewater related capital projects designed to renew, rehabilitate, expand and monitor wastewater system infrastructure while improving wastewater effluent quality in a number of instances. In 2008, the utility share of capital funding to wastewater related categories (which consist of sanitary infrastructure renewal and wastewater treatment) totaled $40.59 million dollars or 533% of the utility share of capital expenditures. In summary, 2008 projects that were completed include, the renewal of 1,515m of sanitary sewer, sewer inflow and infiltration (I/I) studies at various locations and wastewater pumping station and system designs related to Harbour Clean-up. Projects that were not included on the 2008 Capital Program but were instead included in the Operating Budget include, Lancaster Lagoon Cell number 2 Biosolids Removal and Dewatering Preventive Maintenance Project, the Morna Heights Wastewater Treatment Facility distributor apparatus replacement and civil work to replace baffles and a manhole which is scheduled for early 2009. Also the repairs at the Greenwood WWTF will be completed early in 2009 and the option to upgrade the Morna Heights WWTF ($640,000) has been reviewed and a submission included in the Water and Sewerage Utility Fund Capital Program for consideration in 2012. The option to eliminate the Greenwood WWTF and connect this area, including Mallette Road, with water and wastewater services ($3,300,000) to the existing services in Lakewood Heights has been reviewed and a submission added to the Water and Sewerage Utility Fund Capital Program for frurther consideration in 2012. A study was commissioned to determine the cost of removing electrical equipment from underground Wastewater Pumping Station dry wells to prevent fruture flood incidents. Operator Training and Certification Saint John Water continues to make advances in the operation and maintenance of our water and wastewater systems and the pivotal role they play in providing for the protection of public health. Since 2001, the City of Saint John has been working jointly with the New Brunswick Community College (NBCC) - Saint John in developing training programs for its water and wastewater operators. City of Saint John staff, in accordance with the provincially issued Approval to Operate, are working towards meeting specific training and certification requirements. Training is integral to improving the quality and efficiency of the operation in water and wastewater facilities. A detailed training and certification summary is included in the Annual Report 177 M&C 2009 -;6 Febwary 12, 2009 Page 10. RECOMMENDATION: It is recommended that Common Council receive and file this report, and authorize staff to forward the 2008 Saint .Ioh» Water Annual Wasteirciter Report to the Department of Environment on behalf of the City of Saint John (AI)I)roval Holder). Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner, Saint John Water Terrence L. Totten, F.C.A. City Manager 178 4. 2008 Annie zl Wastewater Report 1 41Z 3 ~ e~ N,,k~' v a 'f . 1 e. it M ly~ r r M,.rfu'+t i~.• " s'".~ i % yi ryTM:.• ~~#R b 1M ,yTG r .r i V * k'. a 7. + s The flood waters from fire lhq flood event in 2008 neart>> reached `A' Station 1 l PS in Dominion Park 2008 Saint John Water - Annual Wastewater Report INTRODUCTION The Wastewater Service is a public service that provides users with wastewatercollection, treatment and disposal. Wastewater is collected within the system and transported to wastewater treatment facilities via a system of collection pipes and wastewater pumping stations (WWPS's). Please refer to Appendix A to view the locations of all wastewater pumping stations and wastewater treatment facilities (WWTF's). Wastewater is treated and disposed of into receiving waters. An effective wastewater management practice enhances public health, safety and the environment. More specifically, benefits of wastewater treatment include; the protection of public health from waterborne disease, protection of the natural environment including the aquatic and wildlife that depend on the removal and prevention of contaminants which can accumulate and the protection of water sources for recreational use. 179 4. 2008 Arzrnral Wastewater Report 2 Saint John Water - Environmental Protection provides the public with a wastewater service that includes collection, treatment and disposal and operates its wastewater treatment facilities and collection systems under seven Certificates of Appi•oral to 01)erate (COA) Wastewater Works (Appendix B): Y 5-1538, Millidgeville WWTF Y 5-1313, Lancaster WWTF 5-1536, Hazen Creels WWTF 5-1537, Marsh Creels WWTF 5-1541, Monte Cristo WWTF S-1540, Greenwood WWTF 5-1539, Morna Heights WWTF These are among the 120 certificates of ApI)r(wal to Operate wastewater works issued to 93 municipalities across New Brunswick by the Minister of the Environment as of September 19, 2007. Each of the City's seven certificates is valid for a 2 year to 5 year period. Each of the certificates represents formal authorization to the City of Saint John (Approval Holder) by the Minister to operate wastewater works. Each directs that: The Appi•oral Holder shall operate the irasteirater irorkv hi eongViclru•e irith the Water Quality Regldatiori 82-126 filed wider the C'leclri Ein lYownew Act of the Prol,h?ce of Nell' Bruirsirick. Z lolatloi? of this Approval or ai?1' term aml or comfitloii herelii coiistltZltes a i lolatloi? of the C'leclri Erlvirorlnlerit Act. All municipal wastewater works in New Brunswick are required to abide by the various conditions set out in Certificates of Appi-oral to Operate Wastewater Works, the Federal Fisheries Act F-14 and the Canadian Environmental Protection Act, 1999 - Guidelines. More specifically, limits were set for the release of ammonia dissolved in water found in wastewater effluents and in addition there was a Notice requiring the preparation and implementation of pollution prevention plans for inorganic chloramines and chlorinated wastewater effluents (these regulatory tools set standards for wastewater works and system operators that strive to enhance public health, safety and the environment). The City of Saint John is responsible for submission to the National Pollutant Release Inventory (NPRI), a federal program, for any releases that meet the reporting criteria. Saint John Water filly endorses these standards and the philosophy behind the need for strict regulation of treating and disposing of municipal wastewater. Protective Barriers Clean wastewater is essential for the protection of public health, the receiving waters for aquatic life and recreational use. It is understood however that wastewater is vulnerable to contamination from many potential threats. Management of Saint John Water is based 180 4. 2008 Annual Wastewater Report 3 on the system of protective barriers to ensure that the quality of wastewater at the end of the pipe meets or exceeds all limits listed in the Approval to Operate. Y Source Wcasteirater: Wastewater treatment facilities are only designed to treat human waste and not industrial waste. Source identification and enforcement is the key to reducing industrial contaminants in the wastewater flowing into the treatment facilities. Y Treatment: Unit operational details and performance, design capacity, flow rates, effluent disinfection performance, Operations & Maintenance: Staffing levels, operator education and certification, communications, management structure, maintenance, best management practices, Monitoring & Alarms: Sampling plan, SCADA system alarms, lab testing, record keeping and reporting and, Y Emergency Response: Plans for natural disasters, emergency contingency plans for wastewater treatment and pumping, safety training, emergency power systems. This protective web is designed to enhance wastewater effluent quality by frilly developing the system to ensure the multiple barriers are in place. Each wastewater treatment facility has a contingency plan that will aid in the protection of the public, property and environment in the event of a public health or environmental emergency related to wastewater treatment and pumping facilities. Saint John Water is also preparing a contingency plan for business continuity, one that will serve during an influenza pandemic. Preparedness will serve to avoid service disruptions should such a pandemic or major service disruption occur. Annual Report The Reporting section of each of the previous Approvals to Operate required submission of a Quarterly Report to the Department of Environment. However, most recent Approvals to Operate only require submission of an Auuual Report. This report provides pertinent technical and operating information to the regulator. For instance, the information contained within summarizes the following information: Y the results of the testing required hi the Testing acid llloraitorhig section of this Approval iucludiug the uaiime of'the laboratoi-11, used; a summat-V of the date, location, and duration of all ram s,1rasteirater discharges, iuchidiug those that were directly caused b1, excessive rain or scow melt; Y a summate report cif auv other euviroumeutal emergeru•ies that were reported through the Etnergeucil, Reporting procedure described i» the Approval and; A list ldel?tl 'll?g the 0 perator(s) aml imlicatli?g the certlflcatloii lei,el of each Operator(s) There was an issue where there was no consistency (mg/L vs kg/d) in the Reporting section between the various certificates of Approval to Operate. The new Approvals to 181 4. 2008 Annual Wastewater Report 4 Operate have set the limits to 20 mg/L, beginning in July, to bring consistency to the effluent limits for BOD and TSS. Saint John Water has compiled the data, for the majority of 2008, in such a manner so as to comply with the broadest interpretation of the requirements, thus satisfying or exceeding the requirements. ANALYTICAL RESULTS Wastewater Sampling and Analvsis During 2008, the Saint John Water Environmental Laboratory analyzed wastewater from seven WWTF's. Samples are obtained from the influent entering the facilities, the effluent leaving the treatment facilities and at various strategic locations within the process. The New Brunswick Department of Environment (DOE) issues certificates of Appt°on,al to Operate that outline their analysis requirements. These requirements are outlined in the Alo»itoring section of the Appt°onal to Operate. The Saint John Water Environmental Laboratory has analyzed over 9000 wastewater samples in 2008. Saint John Water consistently collects and analyzes more samples than are required by the Appt°on,al to Operate as close monitoring enables better control over the efficiency of the treatment facility operations. All sampling results for 2008 can be seen in Appendix C. Other testing requirements such as, NPRI, toxicity, and biosolids metals are analyzed by contractor laboratories. The Canadian Association for Laboratory Accreditation - CALA (formerly CAEAL) accreditations for Saint John Laboratory Services Ltd. and Buchanan Environmental Ltd. and the Standards Council of Canada accreditation for RPC can be found in Appendix D. Compliance From January to June 2008, data was reviewed for each quarter and compliance issues were communicated to regulators. Since July 2008, the DOE is automatically notified, by an e-mail alert, of any non compliance. An example of a non compliance e-mail alert is located in Appendix E. Wastewater Trax, a web based Laboratory Information System, was developed and implemented in 2008. It provides a means of compiling and managing wastewater data. The Quarterly and Annual Reports covered deficiencies, reasoning for deficiencies and corrective action required to prevent friture deficiencies. Listed below are the compliance issues for 2008 as reported to the DOE, There were two instances, in mid - March and again on June I9th and June 2I `t, where the City of Saint John failed to report bypass incidents, in a timely manner, as required by the Appt°on,al to Operate. Operations personnel were required to review the Appt°onal to Operate and ensure that timely reporting of future bypasses to the Department of Environment would be completed. Correspondence between the City of Saint John and the Department of Environment is included in Appendix F. 182 4. 2008 Annual Wastewater Report 5 City of Saint John Wastewater Treatment Facility Quarterly Report (Jan. to March 2008) A review of the data (foi° .Iaiulai~' to Alarch) indicates that the Alillidgeville, Alarsh 0-c"C"k arid Lciiiccistei• facilities were operating within effliferit discharge standards identified iri the COA's. At the other facilities, short term operating cidfiistmerits and long term strategies have beell ldel?tl fled to addl"eSS eff hlel?t seal?dards. All facilities are iii compliance with the limits of the threshold cicilte com-entratiorl of Ammonia versils pH. Howe Cl°isto WWTF has shoi vii higher than nol-roil levels of'TSS in all three months and BOD for -March. The chloride regulation is not consistent during this quarter as well. The high anunlrit of TSS will have a direct effect oil the efficiedc~' of nurriilal chloride dosing. Id Alarch, the flow meter reading above 500 n13 day is incorrect. Heai,' wet weather el'el?tS throw Off the calibration or the meter gets colltamillated with wastelvater. Hci, eii Creek WWTF was out of compliance for the average BOD loading id February due to ad accidental release of high BOD loading from Silcor. This also lead to bulh:idg at the WWTF leading to above average TSS readings. The WWTF was id compliance regarding the average BOD iii .Iarmcun' add 1llcirch. High TSS iii 1llarch cad be related to Silcor's high BOD loading. The average chloride dosage was within limits foi• the quarter. The Crreemrood add lllorrla Heights facilities were dot sampled from .Iarmcun' to 1llarch as per the Approval to Operate states the moiitoridg fregueruw between April add October Sai??phi?g aeeeSS 1S 1'el 'difficult lii the winter l??ol?ths. llloi?ltoi"li?g will beglii li? April 2008. Acute Toxicity' Testing (daphnia magna add rainbow trout) was completed oil Februan, 20, 2008 foi° the first quarter. All test results for daphnia magna add raidboij, trout were iloii lethal. This satisfies the f nir quarters Of testli?g withill a olle Veal" period with respect to the proposed CCHE Canada Wide Strategi, for the 1llcidcigeniedt of -A WWE 's. Periodic, toxicity testing will be completed over the next three Fears as the view Eastern WWTF is colistructed The Saint .Iohii Erivirodmedtal Laboratorl, has completed the -March sampling from the CAEAL Profieieruw Testing program. There were some sample delivery add status issues. The results have dot bees issued at the time Of this report. The Laboratoij' will be workli?g dlhgentll' towards creatli?g the SOP and Oncillty Alaintals. 183 4. 2008 Annual Wastewater Report 6 City of Saint John Wastewater Treatment Facility Quarterly Report (April to June 2008) A review of the data (for April to .h.lne) indicates that the Alillidgeville faciliti was operating 11'lthlll effhlel?t discharge stal?dards 1de12tlfled 11i the COA's. At the other facilities, short term operating adfustmerits acid long term strategies have beers identified to address efflilerit standards. All facilities are in compliance with the limits of the threshold acute concentration of Anlmoiiia versus pH. The Alarsh ('reek WWTF experienced high BOD results in April as a result of tlvo 2 samples that were elevated This is possibly due to an event of high BOD loading entering the f lciliti, from CIosh-v's. TSS and BOD levels were high in Jilme that were iriflileru ed hi, periods of bulking. The Operator has beers struggling to effectively control the treatmel?tpoocess silice the process begati receiving tivice of the hors?1al (loll' (hie to al? error ill f 7011' l??Ol?ltOring 11i previous years. The 0 pei -ator coiaiinles to f llle tZlne the process and adjust accordingly as required to ensure the f iciliti, is not hydraulically overloaded acid treatnlerit is efficient acid effective. Alonte Cl'isto WWTF has shoivii higher than normal levels of TSS and BOD. The chlol°ine regulation is not consistent during this quarter as well. The WWTF is hydraulically overloaded The back half cif the RBC is not rotating due to the requirement for shaft repairs. Hcceii Creek WWTF has experienced periods of high BOD and TSS in April and of high BOD in -slay. The episode in shell, was directly related to Sucor effluent coming to the facilitt Sucol° has improved the qualitt (f its effluent but still occasionally does have upsets that will have an adverse effect on the treatment process. There appears to be some difficulti, controlling the generation of sludge and removing the sludge, in a timely fashion, through the wasting process. The Operator has managed to correct this problem as Seeli lli the .tune results. Larieastel Lagoon exhibited a high anunlrit of effhleiit TSS at times iii April. There is normally a `turnover ' period, after the spring thaw, iii the 4 cells and polishing pond that may be a contributor. This is a seasonal trend that has been seen at the same period each vear. The Crreemrood and -stoma Heights facilities are frequently above allowable limits for BOD & T.S.S. This may be attributed to the level of technologv (trickling filter) used f ol" treats?lent. 184 4. 2008 Annual Wastewater Report 7 Acilte Toxicity Testing (ckiphn?1CC Incigma ciml Yciiiibol1' trout) ircis not completed( 11l the second quarter. Toxiciti testing frill be completed in 3 j,ears (.1ciiniai-11, 2011) as per the proposed CC HE Canada Wide Strcrtegv for the _Ucrncigenient q1' WWE. The Saint John Envii°onmental Laborcitoiw successfully completed the Alcirch CAEAL PYOflclei?cl, Testing rowitI foi" comhictll,it1', f itoYlde, ES'.S', BOA titrbldltl', pH reSldZlal chlorine, nitrate, ammonia, TKN, total phosphorus, COD and fecal coliforms. 5 parameters, fluoride, nitrate, TKN, COD and fecal coliforms were re-instated cis the-1, irere under a possible suspension due to the October 2007 sampling results. The laboratoij, completed the pilot testing program for CBOD analysis. New Approvals to Operate issued in 2008 have eliminated the requirement for Quarterly Reports and have implemented the reporting requirement to be on an annual basis in an Annual Report. Therefore, the 2008 Annual Wastewater Report summarized information from the July to December period as one discussion. City of Saint John Wastewater Treatment Facility Report (July to December 2008) A revieir of the data (for Jule to December) indicates that the Lancaster Lagoon f iciliti 11'aS Operating 11'lthlll q ,fllfent thschcirge Standards ldei?tlfled lii the COA 'S. At the other facilities, short term operating adjustments and long term strategies have been identified to address effliierit standards. TSS acid BOD are meas7ired iri mg litre of parts per million (ppm). The Department of Environment (.Susan Tao) ircis given access to Wasteirciter Trcix ij,here .Susan receives all e-mail alerts, from all WWTF's, irhen a f iciliti limit is exceeded This Zveb based Laboratory Information _Ucrrurgenaerit System enables transparency Irith reporting to all regulcitoiy agencies that Irish to participate and receive e-mail alerts. All facilities are iii compliance frith the limits of the threshold ciciite concentration of Ammonia versus pH as per the Guideline for the release of ammonia dissolved in water found in Zrastelratei° effhteiits published in the Canada Uci,:ette, Part I dated December 4, 2004. The 1llcirsh Creek WWTF experienced high TSS results oyi August 5 (I58ppm), October 27 (40ppin), November 3 (46 ppm) and December 16 (64ppin) that lead to an exceedance of the monthly avei°age. Ill .Jane, the WWTF begmi receii,ii?g a higher rail' ircisteirciter flog for treatment and began optimi,:ing the process to maintain the appropriate balance of shidge iii the digesters. This is still a bit of a struggle, especially if ti high BOD load is i°ecelvecl from industry oti ai? 11?colisistent basis. The high BOD loadli?g 11711 lead to blllkll?g 11'lth SOl1dS f1011'll?g Ol'el" the clal"lflel" 11'en"S 11?t0 the effhlei?t trough.2009 11711 Sec' more optiniLcitioii and a better understanding cif the correlation between treating more wastewater, the generation of more sludge as a result and the impact of industrial BOD 185 4. 2008 Annual Wastewater Report 8 loading on a higher flow. Vlore fi°ecquent digester cleaning has been a direct result of treating a higher f low of wastewater. Alonte Cristo WWTF has shown higher than normal levels of TSS and BOD. The chlorine regulation is not consisteiit dui°ing this quarter as well. The WWTF is hvdk°aulicaAAv overloaded The back: half of the RBC is not rotating due to the requirement foi° shaft repairs. Hagen Creek: WWTP has experienced periods cif high TSS on Jule 7 (63ppm), August 12 (38ppm), September 12 (50ppm) and November 3 (28pprn) that lead to an exceedance in the monthly average. Sucor has beery a factor foi• a period c?f time with effliuerit flow leading to bulking Sucor has not been operating since late October or early November that has had an overall impact on the TSS levels in the effluent. There has been some incoming loading issues related to other sources that has had an impact. 1l-lillidgeville WWTF eruoirritered high levels of fecal soli foinzs iri the effluent in late JisA, and earAv August due to a ground fault in a circuit breaker, faults, tW bulbs and tW bulb wipers that were maAfimctloiiing and not removing `scum ' f -om the bulbs as designed leading to low (TT, transmittance into the wastewater effluent. A Detailed Emergency Report was completed and submitted to the DOE as requested The Ureemrood and Alorna Heights facilities are frequently above allowable limits for BOD & TSS. This may be attributed to the level of technologi, (trickling filter) used for treatment. Some sampling was not completed for Alorria Heights WWTF due to the replacement of the mechanical repairs. The Department of Environment collected samples front all 7 WWTF',s on October 10, 2008 and completed analysis . for a rnumber of parameters related to the Approvals to Operate. The two facilities that had flags raised included Ureemrood WWTF foi° E. soli and Faecal soli foi°m and Alorna Heights WWTF foi° Faecal soli foi°m. With respect to the results.for other parameters, the results were quite good for the 4 major WWTF's; Ha, eri Creek, Alarsh Creek, Lancaster and Alillidgeville. The results were not as good foi• Ureemrood, Alorna Heights and Howe Cristo WWTF's. Ureemrood and Alorna Heights WWTF's are trickling filter technologic that required major mechanical repairs. Repairs to the filter tank distributor were completed in December 2008 tit Alorrza Heights WWTF while the filter tank distributor at Crreeinvood WWTF was scheduled for replacement early in 2009. OnJv one of two RBC's at Howe Cristo WWTF has been in operation foi° most of 2008 and requires major shaft and bearing repairs. This WWTF is scheduled to be eom,erted into a WWPS as part cif the Harbour CAeam p project. The results are included iii Appendix C. 186 4. 2008 Annie zl Wastewater Report OPERATIONAL EVENTS Wastewater Treatment 9 The Lancaster Lagoon Cell number 2 Biosolids Removal and Dewatering Project began on September 27, 2008 and was completed on December 5, 2008. Please see Table 1 for the last three years of biosolids dewatering data, Table 1: Lancaster Lagoon Cell # 1 and # 2 Biosolids removal data Year Project Loads Wet % Bone Dry Cost Days tonnes solids tonnes 2006 (Consolidated 16 72 554 36.83 204 $138,677 Giroux) 2007 (Consolidated 14 76 661 33.74 223 $144,673 Giroux) 2008 (Newalta) 32 102 797 25.12 200 $167,052 Analysis: Both contractors have performed within the contract specifications. Newalta required significantly more loads and the duration of the project was much longer. This results in an increase in the amount of time a loader and tandem with Operators is required. City resources are used when possible, but contractors were hired ($14,782) to complete the project due to the requirement for City resources within the City which has resulted in overall increased costs for the project in 2008. There were also increased costs for biosolids disposal ($2,720) since there were more loads that had a lower biosolids dryness percentage. Please refer to Appendix G for the project data. A biosolids profile was completed for Cell number 2 which illustrates that there is biosolids remaining that will need to be removed in 2009. Biosolids profiles were also completed for Cell number 3 and number 4 in 2008. Cell number 3 biosolids removal will take place in 2010 and 2011 and cell number 4 in 2012 and 2013. The large Polishing Pond must be profiled in 2010 to determine the extent of biosolids removal beginning in 2013. The 2008 Cell number 1 to 4 biosolids profile (Appendix H) revealed that 1,400 cubic metres 187 u 4' 2008 Annual Wastei rater Report 10 of solid material entered Cell number 1 in 2008. It must be noted that 1,400 cubic metres of biosolids was removed from Cell number 1 in 2006 as one project ($138,677). At this time, it is believed that the current grit removal system is severely undersized for the current flow. There is a significant amount of influent bypassing the grit removal system to avoid overloading it. Since there are numerous combined sewers located throughout the west side of Saint John, the source of inert solids (sand, gravel, etc.) is not going to diminish in the near fixture. An evaluation of the grit removal system and a combined sewer identification and separation strategy must be completed. Another contributing major source of biosolids is the Sludge Wasting Program where biosolids from the bottom of the clarifier at the Hazen Creels WWTF and the digesters at the Marsh Creels WWTF are transported to and disposed of into Cell number 1 of the Lancaster Lagoon. This practice will cease once the Eastern WWTF is commissioned since the biosolids will be dewatered on site and removed for disposal at an approved composting facility. The Millidgeville WWTF Sludge Pump House experienced flooding on March 28, 2008 when a pump housing bolt failed. r7t Ik 1 1 ` ~ r al Basement of Shalge Ilum p House i w ~dpioi~i~ ul, P11/111? hatsilw where bolt furled and outer entered the basement of the Shalge Pump House 188 u 4' 2008 Annual Wastei rater Report 11 Wastewater Pumping There was a major dry well flooding event at `X' Station WWPS, located at 375 Greenhead Road, on April 11, 2008 that was outlined in a Report to Common Council, M&C 2008 - 209, on July 17, 2008. An electrical rebuild was required to replace the damaged electrical equipment house underground in the dry well. The new electrical equipment was brought above ground, by Order to Comply from the Provincial Electrical Inspector, and housed in a new enclosure to prevent possible firture flooding damage. A Public Service Announcement was issued on April 17, 2008 to various media outlets. Please see Appendix T for this Announcement. 4 a r ~ i u r xr^ luu i hit' 1rPll U't tlt PIPCt/7CCll s1'stPlILS' lntclPi'~i'OlOtcl The Millidge Avenue WWPS electrical meter, located at 1043 Millidge Avenue, experienced flooding during the May flood event. The meter was located adjacent to the yellow bollard. After the flooding, this meter was relocated inside the enclosure to prevent impact from firture flooding. - polrer After- poirer meter re-located inside the enclosure 189 4. 2008 Arzrnuzl Wastewater Report 12 The Market Place WWPS bypass gate broke away from its supports, in the storm sewer located within a City right of way on Port Authority property, on or around May 1, 2008. This is a 60" high rectangular gate that required the services of underwater welders, divers and a boom trick working in a confined space, with tidal impacts inside the storm sewer. There were major tidal influences on the sewer system during high tide where local sewers were surcharged and the WWPS was required to continuously pump the harbour's water. Due to the determination of responsibility and complexity for the repairs, the completion date was November 8, 2008. ''fin.... ~UllketPl(We iTTTPS h~hu,r,r ui~ CCME CANADA WIDE STRATEGY (STRATEGY) FOR MANAGING MUNICIPAL WASTEWATER EFFLUENT - 2008 UPDATE In late 2006, the Canadian Council of Ministers of the Environment (CCME) released the Strategy across Canada to begin the consultation process with Municipalities. Municipalities reviewed the document and provided continents to the Canadian Water and Wastewater Association (CWWA). The CWWA collected comments and prepared a response to the CCME on behalf of their member Municipalities. For the most part, Canadian Municipalities are embracing the philosophy of the Strategy with respect to limits on Carbonaceous Biochemical Oxygen Demand (CBOD), TSS and Total Residual Chlorine (TRC). There are, however concerns surrounding, Guidelines (yet to be developed), financing to renew or constrict sanitary systems and wastewater works, one window reporting and finally, better coordination and sharing of information between research groups (university, NGO, local environmental groups such as ACAP) and Municipalities. The proposed Wastewater Effluent Regulations under the Fisheries Act is expected to be published in the Canada Gazette, Part I, for public comment in spring 2009. A Chemicals Management Plan must be developed by the government of Canada to address concerns of chemicals that cannot be removed by secondary treatment by focusing on source control. This would regulate things such as the amount of phosphate 190 4. 2008 Annual Wastewater Report 13 permitted in the manufacture of laundry soap that would prevent eutrophication of receiving waters. In the New Brunswick Fall Legislature Throne Speech in November 2007, a reference was made with respect to wastewater that indicates changes are forthcoming. The reference was as follows, Your goverrlmerlt gill adopt riew pet lbrmcmc•e-based stcmtku-ds for immic•ipal wclstewclter effhlei?t from ircisteirciter treatilleid facilities. These stc-nitartA 11711 li?coiy)orate cm ein lrollillewal dial?ages?few model aml hart? wile the regLllatoYl' frai?1eirork 117th other C'arurdiarl jllrisdic tioyls. The New Brunswick DOE continued to develop the performance based standards in 2008. For the most part, the DOE standards for BOD and TSS (20pplIV20ppm) are more stringent than the Strategy standards for CBOD and TSS (25pplIV25ppm). The majority of secondary treatment facilities, in Saint John Water, frequently meet or exceed the DOE standards. In December 2008, Saint John Water received the new Approvals to Operate that includes standards consistent with the philosophy of the Strategy. The Strategy suggests that wastewater characterizations should be completed for end of pipe discharge and at the farthest edge of the mixing zone of the receiving waters. The mixing zone must be defined since the assimilative capacity of each receiving watercourse is different. For example, the Saint John River will have a much higher assimilative capacity (natural environmental dilution) and larger mixing zone for the Millidgeville WWTF effluent than Manawagonish Creek for the Lancaster Lagoon effluent. Due to the high cost of determining a mixing zone (in excess of $8,000), one facility per year beginning in 2011 or 2012 will be completed. The delay is intentional and strategic as it is preferred that assimilative capacity assessments are completed once all sewershed flow is directed to the WWTF's. The constriction and commissioning of the 21 WWPS's identified in the Harbour Cleanup Project must be completed before these assessments can be done. It is expected that the results will be much lower at the edge of the mixing zone due to the assimilative capacity of the receiving watercourses. There is a concern with determining mixing zones in the Saint John River with respect to tidal influences and the bio- accumulative and chemical effects of the large industry located at the mouth of the river because the effluent from industry could mix with municipal wastewater effluent. One of the major arising concerns with wastewater treatment is the disposal of personal care products and expired or unused pharmaceuticals into the sewer system. Some Municipalities are encountering high levels of estrogen and dr gs. These items have drastic environmental impacts, such as endocrine disruption in fish, in receiving waters since the majority of wastewater treatment facilities are not designed to treat this waste stream. Emerging technologies are indicating that tertiary treatment processes may be installed that can effectively treat many parameters associated with personal care products and pharmaceuticals. A major study is being initiated by the Canadian Rivers Institute at UNBSJ to understand the effects of municipal wastewater effluent on marine 191 4. 2008 Annie ?l Wastewater Report 14 environments. The Canadian Rivers Institute approached Saint John Water to provide in - kind support for their Natural Sciences and Engineering Research Council of Canada (NSERC) grant application. A Letter of Support was issued to the Canadian Rivers Institute that can be viewed in Appendix L The research grant was approved by NSERC and the study is expected to begin early in 2009. TOXICITY August 2007 was a relatively dry month with below normal precipitation. Millidgeville and Marsh Creek WWTF's effluent samples did not pass the acute toxicity analysis for Daphnia Magna. Samples were obtained in August 2008 in an effort to replicate the same type of conditions as in 2007 and were analyzed. In Summary, the 2008 results of the acute toxicity testing (Appendix J) for Millidgeville and Marsh Creek WWTF's are as follows, Date Test Species Millidgeville Marsh Creek August 26 Daphnia Magna PASS PASS There will be no further toxicity analysis of the WWTF effluent until 2010 since the effluent toxicity analysis in 2007 and 2008 were non - toxic. The Strategy recommends testing every 3 years if the effluent samples are non - toxic. NATIONAL POLLUTANT RELEASE INVENTORY (NPRI) The website www.ec.,c.ca\Dclb\nDri lists the following description of the NPRI, The National Polhltant Release Iraveratory (NPRI) 1)rovides C'araadiaras frith access to il?fol"lmtioii oii the releases ciml trciii#ers of kel' polhltal?ts iii their collinnillitles. It is the only mitiomil, legislated' publich' accessible inventor' of its kind ira C'cincida. The NPR[ is a n?ajor sorting point foi• iderato,ing chid monitoring sources of polhltiora ira C'cincida. It is cm inipol•tant eorasidercitiora ira mciriciging risks to the environment grad huniciii health as irell as iii mol11toring imlicators for the qucilltl' of oitr air, Iciml cmt/ irciter. It is also emerging as cm Il?cllcatol"for coIIJOPate ein,ii-o nleiacil pel f brmcii?ce. Public access to the NPRI motivates iruhistr' to prevent and reduce pollutant releases. It helps the Golvi•rinierit of C'cincida ti•ciek 1)1-ogress irI pollution pi•everitiorl, evaluate releases chid trcinsfers of siibstarices of com-ei•ii, idewo, grid take action oil eill'irolinlel?tal priorities, al?c/ ll?11*111elit pol1C1' lllitlatll'es al?c/ risk Inal?agenlel?t 1?leasiffes. Oral' facilities that meet established reporthig criterici cire required to report to the NPRI. Polhitants fioni mobile sources such as trucks grid ccirs, household's, facilities that release polhitants on a smaller scale and certain sector activities, such as agriculture 192 4. 2008 Annie zl Wastewater Report 15 0110 ecliicatioil CCl?CI some miIiing cictll,ities, cite not 111chttl tl 11i the NPR[ but cite rej)ortetl under CI sepal-Cite progrCiln. Established in 1992 Cind legislated under the Canadian Environmental Protection Act, 1999 (CEPA 1999), the NPR[ requires eonipcirlies to report irlformcitiorl oil releases send trcirlsfers of pollntcirlts to the (government of Canada oii an cunnicil basis. Envirownent CCii?CidCi 111Cikes the iI?f)Ylnatlon cwcfilable to CanadlanS ?n cm cunnlal public report, alitl Inall?tallls a tletalleCl i1wel?toij, that cam be accessetl ciml seaYChetl through cm oil-lll?e database. CEPA 1999 is designed to protect the envirwimellt and Ilumcm health and to I)romote sits ohiable dei,elopniew. It cows-iiiis 11?fol"iii,tlol?-gathei-ii?g proilsioiis, hichldll?g sonle that alloll' the AIiiiister of the Ein,irwimel?t to request it?forinatioli oli certaili substal?ces. The provisions also require the 111iiiister to estoblish and Imblisl? a national hweiltory of releases of polhitants. These provisions finder CEPA 1999 form the primcuy legislative basis for the NPR[. Now into the sixth year, Saint John Water has been reporting to the NPRI due to meeting a number of "triggers" identified in their reporting guidelines (see Appendix IL). There are 4 wastewater treatment facilities and a number of outfalls categorized as `Outfalls' that trigger reporting for some parameters. These parameters are as follows; Millidgeville WWTF - Nitrate ion in solution at pH greater than or equal to 6.0 and total ammonia Hazen Creels WWTF - Nitrate ion in solution at pH greater than or equal to 6.0 Lancaster Lagoon WWTF - Total ammonia and Lead (and its components) Marsh Creek WWTF - Nitrate ion in solution at pH greater than or equal to 6.0 Outfalls - Total ammonia These parameters would have an effect on the toxicity of effluent but they are not at levels high enough to make the effluent `acutely or chronically toxic'. The calculation is based on the effluent flow rate and the concentration of the parameter in the effluent. WATER AND SEWERAGE BY-LAW The current Water and Sewerage By-law was passed in 1967 with minor updates since then. The CCME has included a Model Sewer Use By-law in the Strategy that Saint John Water has adopted and has made modifications to suit our unique municipal profile. The new By-law is completed in a draft form. This By-Law contains more definitions and places more responsibilities and obligations on industrial and business sources. 193 4. 2008 Annie zl Wastewater Report 16 Saint John Water is committed to submitting the draft form of the Sewer Use By-law for approval by Council, in 2009, which will allow staff to conduct consultation sessions with the industrial, commercial and institutional sectors. Saint John Water expects to receive and consider feedback before submitting the final version of the Sewer Use By- law to Council for approval. The Legal Department will investigate the possibility of an increase in the fine stricture in accordance with a possible amendment to the Municipality Act. Such an increase in By-law fines would be a major deterrent for violators and frirther protect public health and the environment. WATER AND SEWERAGE BY-LAW VIOLATIONS The Hazen Creek WWTF experienced major operational upset in April 2007. Operations and Laboratory personnel investigated and found the source of the illegal dumping coming from Trimac - Brunswick Transport located in the McAllister Industrial Park. Trimac was issed an Order to Comply to clean up their waste separators, the sewer lateral and the sanitary sewer manhole. A Resolution of this Order was issued to Trimac on June 16, 2008. Trimac is no longer has operations in the McAllister Industrial Park. Saint John Water has been working cooperatively with Sucor, located in the McAllister Industrial Park, to reduce the pH and Biochemical Oxygen Demand (BOD) in their effluent. While great progress was made in reducing BOD loading to acceptable levels, pH levels were still violating the By-law on a consistent basis. Saint John Water provided a Witness Statement to a DOE Enforcement Officer, in April, who was investigating a violation of the New Brunswick Clean Environment Act. The statement detailed Sucor's effects on the municipal wastewater treatment process at the Hazen Creek WWTF. It is believed that Sucor is no longer in business since October as there has not been any refinery operating schedules forwarded to Saint John Water. In 2007, Fats, Oil and Grease (FOG'S) became prevalent at the Simpson Drive WWPS and Rothesay Avenue WWPS. Resources such as personnel and sewer flushers have been used to flush and clean out sewer lines plugged with grease from local businesses along Rothesay Avenue and McAllister Drive. This is a direct violation of the By-law. An Information Notice was hand delivered, by Environmental Protection personnel, on December 3, 2007 to all business owners along Rothesay Avenue and McAllister Drive up, to Bayview Trucks. Environmental Protection personnel met with business managers and explained how grease in the sewer system negatively affects operations of WWPS's and WWTF's ultimately decreasing operational efficiency and effectiveness. In March 2008, the Majors Brook WWPS bypassed raw wastewater to the environment because excess grease in the wet well caused both submersible pumps to mechanically fail. The wet well walls were coated with grease. A video was taken of the Majors Brook WWPS sewershed and the sewer collection pipes and laterals to various restaurants were coated with grease despite each restaurant manager's claims that they maintained their grease traps properly or insisted that they did no baking at their facility. Enforcement was not possible since the video images could not identify the offender(s). It is vitally important that education and enforcement of the FOG issue and source control in general be the major focus in the future of the Wastewater Service. 194 4. 2008 Annie zl Wastewater Report 17 On April 28, 2008, Saint John Water responded to a complaint from Quiznos, located on McAllister Drive, that the sewer had `backed up'. An investigation revealed that their lateral and the City of Saint John's main tank sewer which flows to the Simpson Drive WWPS was coated with grease. The Commissioner of Municipal Operations and Engineering issued an `Order' to SCA Plaza Inc. to empty and clean the entire lateral and City trunk sewer at their expense. Unfortunately, large amounts of grease enter the collection system on a daily basis due to the lack of resources to educate and enforce the Sewer Use By-law. Saint John Water has budgeted, in its 2010 Operating Budget, resources necessary to educate business and industry and to enforce the new Sewer Use By-law. A solvent spill was reported to Saint John Water on May 23, 2008 by the Production Manager at Inteplast Bags and Films Corporation. This spill was directed to the Hazen Creek WWTF which displayed no adverse effects in the effluent analysis. Please view Appendix L for all By-law violations correspondence with each company. CAEAL / CALA CERTFICATION FOR THE SAINT JOHN WATER ENVIRONMENTAL LABORATORY The Saint John Water Environmental Laboratory became a member of the Canadian Association for Environmental Analytical Laboratories (CAEAL) in 2006. The lab completed proficiency testing in March of 2006 and received a Certificate of Laboratory Proficiency for analyzing water and wastewater samples for conductivity, fluoride, Total Suspended Solids (TSS), Biochemical Oxygen Demand (BOD), turbidity, pH and residual chlorine. Proficiency testing is completed twice per year in March and October. In March 2007, the Laboratory became proficient for additional wastewater parameters including nitrate, ammonia, Total Kjeldahl Nitrogen (TKN), total phosphorus, Chemical Oxygen Demand (COD) and fecal coli forms. In March 2008, the initial carbonaceous BOD (cBOD) proficiency testing was completed with an acceptable result. This is an important parameter since it is one of the standards listed in the proposed CCME Strategy. On October 1, 2008, CAEAL announced that it had transitioned to a new body that is referred to as the Canadian Association for Laboratory Accreditation Inc. (CALA) and forwarded a new Certificate of Laboratory Proficiency. The October 2008 study revealed an unacceptable result for the Fecal coli forms parameter. The October 2007 study also revealed an unacceptable result while the March 2007 and 2008 studies retained acceptable results. An investigation will be completed to determine the cause for the unacceptable result and a Corrective Action Report Form will be submitted to CALA early in 2009. 195 4. 2008 Annie zl Wastewater Report 18 The Laboratory will seek full accreditation status in 2009. A Quality Manual and a Standard Operating Procedure Manual must be developed and a site visit completed to gain frill Accreditation status. All information regarding CAEAL / CALA can be seen in Appendix M. SERVICE PROGRAM PERFORMANCE INDICATORS The proposed Wastewater Service contains 7 Service Programs. For this Annual Report, performance indicators have been identified for 3 of the 7 Programs; Wastewater Pumping, Wastewater Treatment and Wastewater Quality Standards. Please refer to Appendix N to view the Performance Indicator and Benchmarking Report. CAPITAL WASTEWATER SYSTEM IMPROVEMENTS The tender package for the construction of the Eastern WWTF was advertised on November 25 and 26, 2008 with the tender closing expected to be on February 11, 2009. This is the culmination of many years of planning and design for the Harbour Cleanup Proj ect. In 2008, a number of Capital projects were completed for several WWPS's. Electrical upgrades were completed for the Gault Road WWPS and the Rockwood Park Interpretation Centre WWPS. } ~ dal ~ ~ Gault Road I ~ UPS - December 2008 The Westgate WWPS had the forcemain completely replaced and a bypass pipe installed in 2008. This was to alleviate forcemain breaks that occurred at least once or twice each year. The bypass pipe, from the wet well, was installed to alleviate sewer collection system surcharging. 196 Rockwood Park Interpretation Centre bI PJ' - December 2008 u 4' 2008 Annual Wastei rater Report 19 .y Y B17?0," line lrith chlel;bill vah"e 1 4w- } i~ `a FOPeema111 replacement near the TT e Stga to ~~PS. The Cedar Point WWPS was converted from a centrifugal, above ground, pumping system to a wet well submersible system. This conversion was necessary to eliminate numerous centrifugal pump mechanical failures due to the high elevation of suction lift (pull) and the long distance the pumps would have to push wastewater along Riverside Drive until the gravity collection sewer was reached. In recent years, a considerable amount of capital infrastructure improvements have been made; however the need to continue renewing infrastructure is evident. During 2008, Municipal Operations and Engineering administered a total of 13 wastewater related capital projects designed to renew, rehabilitate, expand and monitor wastewater system infrastructure while improving wastewater effluent quality in a number of instances. Appendix O provides a detailed listing of the projects that were included in the 2008 Water and Sewerage Utility Fund Capital Program approved by Common Council. It should be noted that some of the projects will be on-going in 2009. 197 4. 2008 Ar9r9rral Wastewater Report 20 In 2008, the utility share of capital funding to wastewater related categories (which consist of sanitary infrastructure renewal and wastewater treatment) totaled $40.59 million dollars or as can be seen by the pie chart on the first page in the Appendix O, 533% of the utility share of capital expenditures. In summary, 2008 projects that were completed include, the renewal of 1515m (1.515km) of sanitary sewer, sewer inflow and infiltration (I/I) studies at various locations and wastewater pumping station and system design. The outcome of the Rothesay Avenue and Simpson Drive WWPS Mechanical and Electrical Upgrade Study was not received in 2008 and will be received early in 2009. Projects that were not included on the 2008 Capital Program but were instead included in the Operating Budget include, Lancaster Lagoon Cell number 2 Biosolids Removal and Dewatering Preventive Maintenance Project, the Morna Heights Wastewater Treatment Facility distributor apparatus replacement and civil work to replace baffles and a manhole will be installed early in 2009. The repairs at the Greenwood WWTF will be completed early in 2009. The option to upgrade the Morna Heights WWTF ($640,000) has been accepted and a submission is included in the Water and Sewerage Utility Fund Capital Program for consideration in 2012. The option to eliminate the Greenwood WWTF and connect this area, including Mallette Road, with water and wastewater services ($3,300,000) to the existing services in Lakewood Heights has been accepted and a submission is included in the Water and Sewerage Utility Fund Capital Program for further consideration in 2012. A Tin Can Study was commissioned to determine the cost of removing electrical equipment from underground Wastewater Pumping Station dry wells to prevent future flood incidents. These 3 projects were completed under the 2008 Utility Fund Operating Budget. OPERATOR TRAINING & CERTIFICATION The Approvals to 01)ercrte require that an operator complete, as a minimum, the ACWWVCP Constitution's education and experience requirements to write the wastewater certification exam. The water and wastewater operator training program curriculum offered by the NBCC-Saint John is acceptable and recognized as an equivalent for the condition of Approvals to 01)ercrte for: wastewater treatment, wastewater collection, water treatment and water distribution. The Approval to 01)ercrte stipulates that the (hurler shall ensure that the certificcrtiorl level of the 01)ercrtor hi charge is equivcrlew to the classification of the wcrstewcrter trecrtn9erlt f icllltl'. The oiriier SlIall191x11?tall?, -Is,-/ n1ii?1191111?1, the folloiringpersoiniel lel'els bcisecl oii the f icllltl' class flcatloi?: 198 4. 2008 Arzrzrral Wastewater Report Facility Facility Name Class Operator Certification Level 21 Class I Class II Class III Class IV Millidgeville III 1 1 Hazen Creels II 1 1 Marsh Creels II 1 1 Lancaster II 1 1 Monte Cristo II 1 1 Morna Heights Greenwood I 1 Saint John Water continues to make advances in the operation and maintenance of our water and wastewater systems and the pivotal role they play in providing for the protection of public health. Since 2001, the City of Saint John has been working jointly with the New Brunswick Community College (NBCC) - Saint John in developing training programs for its water and wastewater operators. City of Saint John staff, in accordance with the provincially issued Approval to Operate, are working towards meeting specific training and certification requirements. Training is integral to improving the quality and efficiency of the operation in water and wastewater facilities. The Approval to Operate requires that an operator complete, as appropriate, either, the "Water Distribution System Operation and Maintenance" course or the "Water Treatment Plant Operation, Volumes I & II", California State University correspondence course or alternatively, either the "New Brunswick Community College Water Distribution Fundamentals Program" or the "New Brunswick Community College Water Treatment Operation Fundamentals Program". A number of formal training courses were offered to staff during 2008. Listed below are all formal courses that were offered, complete with a short descriptor. C hlorhiator lllahitemnice - The workshop provided participants with an overview of water quality, chlorination, hydraulics, basic math, chlorine equipment, hypochlorination, safety and emergency response, metering & control, system design, maintenance, disinfection and dechlorination. C'Fl Wastewater C'ollectioya - Career Field Intermediate Wastewater Collection is a formal NBCC training program residing at level 12 of the Outside Workforce Career Development System, a senior supervisory level, in the Water and Sanitary Systems Career Field. The goal is to develop knowledge and skill in supervising and leading the application of advanced techniques in operation of a municipal wastewater collection system. Comprising five days of training, the agenda includes Wastewater Quality Management (1 day) , Wastewater Collection Process, (3 days) and a Review (1 day). 199 4. 2008 Arzrzrral Wastewater Report 22 Cotifitied Svcice Etitti,, - Participants develop knowledge and skills in confined space entry that meets and exceeds legislated requirements. Training topics include: the legal regulations, standard operating procedures, confined space audit, confined space entry and confined space rescue. Cotifitied Svcice Rescue - Participants learn to safely and effectively perform confined space rescue. The course covers: a review of confined space entry procedures, atmospheric monitoring and control systems, duties of rescue personnel, personal protective equipment, self contained breathing apparatus, rescue equipment including lifeline, retrieval system, stretcher, casualty packaging and manipulation, rescue procedures and engaging first responders. CPR First Aid - This course is provided for reasons of workplace safety. It explains to individuals the fundamentals of first aid and basic life support. Customer Serike - Participants learn the basic principles of customer service with the aim of better serving our internal and external clients. Topics include: the customer-centered organization, internal customers, external customers, identification of needs, prioritization of needs, review of values-based behaviour, elements of high quality service, implications of low quality service, service examples and lessons learned. Effecti1v Cor ummicatio» - Facilitated by specialists in organizational development, this is a two-day training program, residing at Level 9 of the Outside Workforce Career Development System, the junior supervisory job level. The goal of this program is to develop knowledge and skill in interpersonal and team communications in the context of our business, using a variety of techniques including role playing, group discussion, and case studies. The critical importance of effective listening and feedback technique is emphasized as a crucial element in the building of positive workplace relationships. Emervelicl' Site 111a»agemew - This is a four-day training program in effective management of an emergency site. Currently offered by NBEMO, this course resides at Level XV of the Outside Workforce Career Development System, a senior leadership level in the employment stricture. The goal of this course is to develop knowledge and skill in application of emergency management concepts and methods, including initial response, establishment of command post, on-site deployment of resources, co-ordination with EOC, interface with external agencies, monitoring and control, and support for responders. Fall Arrest Protection This is a one day training program the goal of which is to equip employees with the knowledge and skill required to employ industry standard best practices in Fall Arrest in a variety of operational tasks within Saint John Water, including Confined and Hazardous Space Entry and Rescue. Forklift Safety, - The aim of this course is to develop the skills needed to operate industrial lift tricks safely and effectively. It describes, requirements of OHS 91- 200 4. 2008 Arzrzrral Wastewater Report 23 191 section 216, hazards to operators and pedestrians, hazard mitigation, function of controls and how to conduct a pre-operational inspection, navigate an obstacle course and stack pallets. HiL-hirm, SiL-lwller - Certifies that the employee has attended training on the proper methods of using traffic control signals, including such things as the employee's responsibilities, personal protective equipment, procedures and communication. Job C'ocrchhw - This course prepares peer trainers to become successful field coaches. The course covers understanding adult learning needs, the coaching process, setting up the field coaching environment, guidelines for instruction, guidelines for feedback, setting goals and objectives for the trainee, developing checklists, evaluation progress, learner reactions and feedback. Naturcil Gas Safety, - Participants learn safe work practices for carrying out street construction operations near natural gas pipelines. The lecture also includes complying with regulations for natural gas pipelines, regulatory authority, notification procedure, penalties associated with non-compliance, required work method and emergency procedures and hazards associated with natural gas. Occunatiomil Health crud ,Scik ti, 2 - Participants learn about the Health and Safety Improvement System (HSIS). Topics include: safety and quality, quality systems general (iterative, audit-based processes), the HSIS framework, implementation methodology and expected outcomes. 01,erhecrd C't•crue - This is a two day training program for operational employees tasked with the use of overhead travelling crane systems. The program also provides a third day of training for supervisory employees. The goals of this program are to equip employees with the knowledge and skill required to meet the requirements of Regulation 91-191 under the New Brunswick Occupational Health and Safety Act and to work to the level of effectiveness required by the latest applicable CSA Standard. Professional D°il,er IrTwrolvineut - Participants develop skills to prevent collisions by learning a positive approach to driving. Resource Alauageineut - Participants learn the basic principles of Human Resource Management, Property Management and Financial Management. Training topics include: the City's budget process, financial reporting and analysis, inventory and purchasing procedures and fleet management procedures. Resvircitoti,, Protection Participants learn about the types of respiratory protection equipment and how to safely use this equipment. The instructor reviews standard operating procedures and worker's responsibilities. Also discussed are: the type, selection and use of respirators, fit testing, medical evaluations as well as maintenance and care of respirators. 201 4. 2008 Annie l Wastewater Report 24 Sitveti>isott, Trait2iiw - The objective is to develop supervisory personnel by providing a series of training modules focusing on key supervisory competencies. WHMTS (Workplace Ha, artlous _Uaterials Iraf)rmatiora Svstenz) - A system in Canada that provides information on the safe use of hazardous materials in the workplace. Information is provided by means of product labels, material safety data sheets (MSDS) and worker education programs. Work Zone Sakti, - This course is to protect employees from vehicular traffic passing through constriction sites. It teaches control procedures, personal protective equipment, general design instructions and emergency procedures. Appendix Q provides a brief summary in tabular form of the staff members who attended the aforementioned courses during 2008. Subsequent to the training courses delivered by NBCC-Saint John, as summarized below, in 2008 a number of staff challenged and either achieved certification for the first time or achieved higher more advanced levels of certification. Certifications Achieved in 2008 Class I Class I Class I Class II Name WDI WT2 WWT3 WT2 KEVIN AYLES ~ STEVE BREEN BEATTY hIERSTEAD ~ BRIAN MARR SCOTT 1\7-Z'VJELL KEVIN RICE ~ SEAN SEANVARD NICOLE TAILOR i Wat er Distribution, ' Water Treatment, s Wastewater Treatment In addition to the new certifications achieved by staff over the past year, Appendix R provides comprehensive summary of all staff certifications achieved to date. Training & Certification Plans Following each condition associated with operator training and certification deficiencies are up-to-date action plans. The action plans are designed to address deficiencies over specified periods of time. 202 4. 2008 Annual Wastewater Report 25 Operator Training Plan - Wastewater Treatment Section 27128 - Operator Training and Certification This is an example for a Class II WWTF (Lancaster Lagoon, Marsh Creels, Hazen Creels), The Approval Holder shall enrplov, as a nrirrinnim, ogre (1) Class H Wastewater Treatnlew Certrfred Operator ciml or?e (1) Class I Wasteirciter Treatr?1er?t Certrfred Operator to operate the ircisteirciter° trecrtrnnt f icilitt The Approval Holder shall ensure that the Operator(s) responsible for the wastewater collection? Si,'stem have, as a nrtrrtnnim, the A(,WWL (P Con?Stitittior? s ethication and experience requirements to irrite a Class I Wasteirciter Collection Svstenl 01)erator° Exam. Are training and certification requirements met? The following plan notes that all four Wastewater Treatment Operators currently meet Sections 27 and 28 in 2008. Operator Certification - Wastewater Treatment and Collection With respect to certification requirements, as noted below, for each instance in 2008, the certification level of the operator in charge is equivalent to the system classification. Treatment Operator Name Ralph Gilbert Rick Hachey Frank Hebert Brice Slovitt Operator Certification Level Svstem Classification Wastewater Treatment Level III Level III Wastewater Treatment Level II Level II Wastewater Treatment Level II Level II Wastewater Treatment Level II Level II Collection Operator Name Patrick Hogan Fred McGrath Daniel Melanson William Melanson Present Operator Operator Certification Level Water Distribution Class III Wastewater Collection Class II Svstem Classification Class I for WWC Water Distribution Class II Wastewater Collection Class II Water Distribution Class II Wastewater Collection Class II Water Distribution Class II Wastewater Collection Class II Class I for WWC Class I for WWC Class I for WWC 203 4. 2008 Arzrzruzl Wastewater Report George Payne Water Distribution Class II Wastewater Collection Class II HUMAN RESOURCES Responsible Staff Terrence Totten, F.C.A. City Manager Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Responsible for Saint John Water Brent McGovern, P. Eng. Deputy Commissioner, Saint John Water Brian Keenan, P. Eng. Engineering Manager, Municipal Engineering Nicole Taylor, M.Eng., P.Eng Operations Manager, Water Resources & Quality Bob Ross Operations Manager, Distribution/Wastewater Collection John Clack Manager, Customer Services Kevin Rice, B.Sc., CET Operations Manager, Environmental Protection Jeremy Howley Associate Operations Manager, Water & Sanitary Systems Class I for WWC Ralph Gilbert Certified Operator III Wastewater Treatment Rick Hachey Certified Operator II Wastewater Treatment Frank Hebert Certified Operator II Wastewater Treatment Brice Slovitt Certified Operator II Wastewater Treatment Patrick Hogan Certified Operator III Water Distribution/Wastewater Collection Daniel Melanson Certified Operator II Water Water & Wastewater Systems William Melanson Certified Operator II Water Distribution/Wastewater Collection George Payne Certified Operator II Water Distribution/Wastewater Collection Fred McGrath Certified Operator II Water Distribution/Wastewater Collection 26 204 4. 2008 Arzrzruzl Wastewater Report 27 New Hires During 2008, the City of Saint John hired 8 new employees within Saint John Water operations. Name Status History Michael Jaillette New hire - Labourer position Jeremy Fader New hire - Labourer position Darren Boudreau New hire - Labourer position Scott Foley New hire - Labourer position Michael MacMillan New hire - Water & Sanitary Pipelayer/Equipment Operator Christopher Martell New hire - Instrumentation Technician Sam Adair New hire - Instrumentation Technician Brenda MacKinnon New hire - Chemical Technician Internal Staffing Changes In addition to the new employees hired during 2008, there were numerous Saint John Water staffing changes which are summarized below. Name Status History Marls McDonough Progressed from Labourer to Skilled Utility Worker Jordan MacFarlane Resigned from position of Skilled Utility Worker Gordon Milne Retired Adam Newman Promoted from Skilled Utility Worker to Wastewater Treatment Maintenance Assistant James Pineo Reclassified from Certified Operator II Water Distribution & Wastewater Collection to Water & Sanitary Maintenance/Repair Specialist Eric Giffin Retired 205 4. 2008 Arzrzruzl Wastewater Report Joesph Marino Retired 28 Brent McGovern Reclassified from Manager, Water and Wastewater Operations to Deputy Commissioner, Saint John Water Brian Marr Promoted from Skilled Utility Worker to Water Treatment Maintenance Assistant Rodrique Comeau Promoted from Skilled Utility Worker to Water Treatment Maintenance Assistant Kevin Ayles Promoted from Skilled Utility Worker to Water Treatment Maintenance Assistant Timothy Culberson Progressed from Instrumentation Journeyman to Instrumentation Specialist Peter Kierstead Promoted from Water Treatment Maintenance Specialist to Certified Operator 1 Water Treatment Rob Ringuette Progressed from Wastewater Treatment Maintenance Assistant to Wastewater Treatment Specialist John Perry Progressed from Water & Sanitary Pipelayer/Equipment Operator to Water & Sanitary Maintenance/Repair Specialist Dave Gould Retired Jennifer Reid Resigned from the position of Chemical Technician Peter Hanlon Transferred from Saint John Water to Leisure Services Wayne Johnston Reclassified from Certified Operator I Water Treatment to Water Treatment Maintenance Specialist Bob Ross Retired PUBLIC INFORMATION Communications During the 2008 capital constriction season communication was regularly provided to citizens by means of weekly constriction updates, a few examples of which can be seen in Appendix S. This information, compiled by staff in Municipal Operations & Engineering, was shared with the public via of the City of Saint John website, news 206 4. 2008 Arzrzruzl Wastewater Report 29 releases carried in the local newspaper and by email to large distribution groups. The regular updates provide citizens with information relating to the limits of work, project start date, work to be accomplished, traffic impacts where applicable and projected end date. There are instances where special communications are required from time to time. A Public Service Announcement regarding the `X' Station WWPS mechanical and electrical failure was issued on April 17, 2008. An Information Notice was hand delivered to residents of the west side near the Lancaster Lagoon regarding the Lancaster Lagoon Cell number 2 Biosolids Removal and Dewatering Project on September 25, 2008. These Notices are included in Appendix T. COMMITMENT Treated wastewater enhances the public health of Saint John citizens and is vitally important as Saint John continues to grow. Significant advances continue to be made at Saint John Water with respect to wastewater treatment. However, much work remains and the City is committed to following through on its long-range plans for system improvement, including full collection and treatment of all wastewater. Sustained commitment, vision and strong leadership at every level, working with the community and regulators, will help stakeholders accomplish the essential objectives. 207 k OPEN SESSION M& C 2009-34 Febwary 11, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Vacant and Derelict Buildings Update City of aia John BACKGROUND At the November 17, 2008 meeting of Common Council, staff was directed to research new and innovative ways for the City to address vacant and derelict buildings, considering other municipalities in Canada that have by-laws and legislation that deal with these types of buildings. This report is to update Council of staff's progress on this issue. Staff of Buildings and Inspection Services has been working closely with the Legal Department to research other municipalities' by-laws and enabling legislation as it relates to vacant, abandoned and derelict buildings. By-laws and relevant legislation from Winnipeg, Halifax, Victoria, Surrey and others have been included in the research carried out to date. Staff has drafted a by-law to address concerns that have been raised by Council concerning vacant buildings that currently do not fall within the category of unsightly or dangerous under the enabling legislation. The by-law has been drafted with the following principles or intentions: • Intended for buildings that are vacant and may be partly or completely boarded up but are not considered unsightly or dangerous under the Dangerous Buildings and Unsightly Premises By-law, • A limitation will be imposed for the length of time a building can remain boarded up, after which time a Notice to Comply may be issued, • Property owners will be required to keep a vacant building secure in accordance with specifications outlined in the by-law, • The municipality will be authorized to enter upon a property to secure a building and recover associated costs, 208 M& C 2009-34 -2- Febman- 11, 2009 • The municipality will be authorized to issue property owners a Notice to Comply that will require a building be brought up to a habitable standard or be demolished within a specified period of time, • The property owners will have an opportunity to appeal a Notice to a committee of Council, • The municipality will be authorized to demolish a building if the Notice to Comply is not complied with. The intention is that Common Council will make the final determination that a building requires demolition prior to action being taken, • All costs that are incurred by the municipality to secure or demolish a building are to be recovered in the same manner as section 190 of the Municipalities Act, meaning the municipality does everything reasonable to collect the costs from the owner and if unsuccessful, requests the Province to reimburse the municipality and apply the outstanding costs to the owner's property tax bill. The draft by-law is currently being reviewed in detail by the Legal department and revisions are being made. While the enabling legislation will have to be amended to permit the municipality to enact such a by-law, staff believes that any amendments required would be less onerous than what was required when the last changes to section 190 of the Ahmicipalities Act were made. Staff will soon present the by-law to Council for its consideration and will advise Council at that time what will be required in terms of action by the Province if Council wishes to proceed. RECOMMENDATION Your City Manager recommends that this report be received and filed. Respectfully submitted, Amy Poffenro~ h, P.Eng. MBA Deputy Commissioner Buildings and Inspection Services m. Edwards, P. Ei~ Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager 209 M & C - 2009-38 Febwary 13, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Request for Open Committee of the Whole Meeting -March 9, 2009 BACKGROUND: At the September 15, 2008 meeting of Common Council, the Commissioner of Planning and Development was directed to hire a consultant to undertake a review of the resources and processes dedicated to current planning services. Dr. Michael Ircha is in the final stages of completing this report and will be ready to present his findings to Common Council in the next few weeks. In October of 2006, Common Council created a committee to explore the concept of implementing urban design guidelines for the City of Saint John. This committee has been meeting regularly with Planning staff since February 2007 and this group is now prepared to share its recommendations with Council. Staff are suggesting that Council consider holding a special open session of Committee of the Whole on March 9, 2009 to receive these two reports. Given that both reports will have significant impacts on the Planning Advisory Committee (PAC), staff believe it would be appropriate to invite the members of the PAC to hear the presentations and participate in the discussions. Staff believe that Council will need approximately one hour to receive Dr. Ircha's presentation and engage him in discussion. Staff and members of the Design and Buildings Standards Committee will likely require 30 to 45 minutes to present their findings and address questions. Staff will provide copies of each of these reports to Council as soon as they are available. 210 Report to Common Council February 13, 2(_)(_)9 RECOMMENDATION: Page 2 It is recommended that Common Council meet in open session of Committee of the Whole on March 9, 2009 at 5:00pm to receive presentations from Dr. Michael Ircha respecting Saint John's current planning process and from Staff and the Design and Buildings Standards Committee regarding urban design. It is further recommended that Council invite the Planning Advisory Committee to attend this session and participate in the discussions. Respectfully submitted, hen Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager 211 7 'L.. F COUNCIL REPORT TO COMMON Fins Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: OPEN COMMITTEE: MARCH 9, 2009 This is to request that Common Council consider meeting on Monday, March 90, in Open Committee, to hear the following presentations; 1. The Planning Process: Michael Ircha 2. Urban Design Guidelines Committee 3. South End Playground Redevelopment: Dan Glen 4. Future plans for Shamrock Park: Dan Glen Terrence L. Totten, FCA CITY" MANAGER 212 1 "Aam- REPORT TO COMMON COUNCIL } City of sent John 13 February 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Advertising Public Tenders BACKGROUND: At its regularly scheduled meeting of December 22, 2008, Common Council adopted a resolution to accept a recommendation that the matter concerning the advertising of public tenders be referred to the City Manager for a report on the possibility of switching to an electronic tendering process. The following is submitted through the City Manager by your Purchasing Agent in response to this resolution. It is my intention and hope that by providing a brief overview of the City's tendering requirements and processes, the governing legislation and our present practices, to inform Council and in so doing address the question raised by Council to everyone's satisfaction. ANALYSIS: While the City of Saint John has a number of Council adopted policies for the expenditure of public funds, including The Procurement Policy for the Acquisition of Goods and Services and The Tendering Policies and Procedures for Construction Tenders, all of these fall under the guidance of the Province of New Brunswick which establishes the overriding policies. The Public Purchasing Act of the Province of New Brunswick and the Crown Construction Act both provide guidance to Municipalities and Agencies, Boards and Commissions of the Crown for the expenditure of and accountability for public funds. Traditionally the policies established by the larger Municipal Governments are more specific and restrictive than are the overarching guidelines of the province. 213 Page Two ANALYSIS... Cont' d; The Department of Supply and Services for the province of New Brunswick amended the Public Purchasing Act to recognize that electronic communication of public tenders was a legitimate format. To this end they removed the restriction that advertising of public tenders for the acquisition of goods and/or services had to be via the print media and offered that either or method would be acceptable. In 2000 a report was submitted to Council recommending a change in the City's Public Procurement Policy to allow for the cessation of advertising tender documents in the Telegraph Journal in favour of posting them on the City's newly established, interactive web page. Council adopted this amendment to its policy and from that time forward all competitive bids, for goods and services, have been advertised in this fashion. In conjunction with this change there was also a change in the way paper documents were communicated. Staff recognized that not all of the potential bidders had access to the internet or the City's web page, therefore a certain number of paper copies of the bid documents would still require direct communication. In an effort to mitigate the cost of this concession staff undertook 2 initiatives. The first was to broadening the scope of usage of WinFax to allow for the direct distribution of bid document via computer generated fax through electronic means as opposed to through the mail. The second initiative was to include a questionnaire and information sheet to all bidders advising them of the change to electronic advertising and requesting they review their current electronic capabilities. PRESENT PRACTICES: At the present time the City of Saint John posts all Public Tender Calls, Public Requests for Proposals, tender closing results and Council Awards, for goods and services, on its web page. While this is an interactive web page, ie interested parties can download copies of the bid documents, it is set up for one way communication only. For legal reasons; ie, in order to be binding on the bidder, responses must be submitted in hard copy format with an original signature. The City's Procurement Policy for the acquisition of Goods and Services does not encompass the calling of public tenders for constriction contracts called by the Engineering Department. 214 Page Three MUNICIPAL OPERATIONS: Tenders related to infrastructure projects developed by the Engineering Section of the Municipal Operations Department are specifically excluded from the City's Procurement Policy. Council has established the Tendering Policy for Constriction Contracts which provides guidance for the administration of related bids and is administered by staff of Municipal Operations. Staff from Municipal Operations has investigated the possibility of electronic tendering, however given the complexity and sheer size of their documents coupled with the need to include detailed drawings and specifications with their bid requests, it is the view that while tender notices can be accommodated by the City's web page, constriction tender documents do not, at this time, lend themselves to electronic communications. GOING FORWARD: Staff of the Materials and Fleet Management Division is in contact with staff of the Department of Supply and Services for the Province of New Brunswick. We are exploring opportunities which may include partnering with the Province in order to share their electronic bulletin boards for the notification and distribution of tenders for Goods and Services. Additionally, Municipal Operations staff is investigating possible advertising cost savings through various means including, limiting ad size, reducing exposure time in the print media and increased usage of electronic bulletin boards for tender notices. FINANCIAL IMPLICATIONS: When Council adopted the staff recommendation to allow advertising of Public Bids to the City's web page, with some limited exceptions, the Materials Management Section was able to reduce its annual tender advertising costs from $12,000.00 to $5,000.00. During the ensuing period the cost of advertising has increased and when coupled with the need for duplication of all public notices, as mandated by the Official Languages Act, this has required staff to increase the budget back up to its present level of $8,500.00 per year. The Materials Management section, in keeping with Councils Procurement Policy, maintains a bidders list of companies who have expressed an interest in bidding on the City's requirements for goods and services. Each one of these companies has free and unfettered access to the City's web page and to any bid documents available on-line. Those that lack the electronic capability are contacted by fax or failing that, by Canada Post. This is a necessary consideration when staff explores possible alternatives that incorporate membership fees, services charges and/or other costs that may discourage potential bidders from using some sites. 215 Page Four RECOMMENDATION: This report is provided solely for the information of Council and it is therefore recommended that it be received and filed. Respectfully submitted, David J. Logan Purchasing Agent T.L. Totten, FCA City Manager 216 REPORT TO COMMON COUNCIL M & C - 2009-42 February 12, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Nominations to the Registers of Historic Places. ANALYSIS: City of Saint John The buildings, structures and lands which form the Earle Estate at 266 Lancaster Avenue are of notable architectural and historic significance. Our Tourism department has noted that this is one of the most photographed sites in Saint John. Listing on the Registers of Historic Places has been requested by the heirs of this estate. The Heritage Development Board reviewed this request at their December 10, 2008 meeting and recommended that: "Council list the buildings, structures and lands of the Earle Estate at 266 Lancaster Avenue (PID 00033225) on the Saint John Register of Historic Places; and Council nominate the buildings, structures and lands of the Earle Estate at 266 Lancaster Avenue for listing on both the New Brunswick Register of Historic Places and the National Register of Historic Places. The former HMCS BrunswickerlOrdinance Corps (Building #36) is the only building in this area of the South End which survived the Great Fire of June 20, 1877. Listing on the Registers of Historic Places of this building and lands has been requested by the owner (Department of Natural Defence) and will form a condition of sale of the building to the private sector. The Heritage Development Board reviewed this request at their January 15, 2009 meeting and recommend that: 1) Council list the buildings, structures and lands of the former HMCS Brunswicker/Ordinance Corps (Building #36) at 274 Sydney Street (PID 55153423) on the Saint John Register of Historic Places; 2) Council list these buildings, structures and lands for listing on both the New Brunswick Register of Historic Places and the National Register of Historic Places. 217 Report to Common Council Page 2 February 12, 2009 RECOMMENDATION: It is recommended that 1) The Common Council of the City of Saint John list the following properties on the City of Saint John Register of Historic Places: 274 Sydney Street former HMCS Brunswicker/Ordinance Corps (Building #36) PID # 55153423 and 266 Lancaster Avenue PID # 00033225 (Earl Estate) including the buildings and structures at: 3 Dunnedin Lane; 5 Dunnedin Lane; 11 Dunnedin Lane; 16 Dunnedin Lane; 20 Dunnedin Lane; 522 Edwards Avenue; 532 Edwards Avenue; 266 Lancaster Avenue; 2 Tipperary Court; 3 Tipperary Court; 5 Tipperary Court; 6 Tipperary Court. 2) The Common Council of the City of Saint John nominate the properties noted in 1) above to be listed on the New Brunswick Register of Historic Places and Canadian Registers of Historic Places. Respectfully submitted, Ken Forrest, MCIP, P Commissioner Planning and Development Terrence Totten, F.C.A. City Manager JB/JW Project No. 2009-01 218 I - 'REPORT TO COMMON COUNCIL 1001 MC- February 13, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Funding - Cherry Brook Zoo BACKGROUND: As part of the 2009 General Fund Operating budget a grant of $50,000 was approved for the Cherry Brook Zoo. The Director of Zoo Development has been advised that an estimate of the 2009 property taxes related to the property occupied by the Zoo would be withheld from the approved grant. The Director was further advised that once the 2009 Property Taxes had been paid any remaining funds would be paid to the Zoo. An estimate of $10,000 was considered reasonable based on previous year's taxes. This is the same approach used with the Canada Gaines Aquatic Centre in relation to their property taxes. It has been the practice that the various agencies, boards and commissions are responsible for the property taxes related to the premises upon which they are located even though these premises are owned by the City of Saint John. In 2001 and 2002 the property taxes of the Zoo were netted against the Grant to ensure that the City was not left paying both the Grant and the taxes. Starting in 2003 the Grant to the Zoo was discontinued. Since the property is owned by the City the City continued to pay the taxes and invoice the Zoo. At this time the funds for property taxes for the years 2003 to 2008 are still outstanding. The total which includes other sundry charges as of December 31, 2008 is $52,580.18. Staff is appreciative of Council's intention to support the Zoo in 2009 but want to ensure that Council is aware of the total funding that would be required for the Zoo 219 Report to Common Council Page 2 February 13, 2009 should you chose not to reduce the grant by the amount of the 2009 property taxes. It is important that the full cost of operating the Zoo be reflected in their operations to ensure any model developed provides for sustainable funding. It would seem that the Zoo does not have the capacity to satisfy their outstanding account with the City. This outstanding account could have a negative impact on the ability of the Zoo to procure finding on a go forward basis. If the City were to forgive this debt it would result in a charge against the City which in effect would be an additional grant to the Zoo of approximately $47,000. RECOMMENDATION: It is recommended that the process of withholding the amount of the annual property taxes related to the premises being utilized by the Cherry Brook from the approved grant for the Cherry Brook Zoo is continued and further that the outstanding account for the Zoo be written off provided that the Cherry Brook Zoo be advised that in the future the amount of any grant from the City will be net of the applicable property taxes. Respectfully mans, CGA, MBA of Finance 220 I m ' ITP The City of saint 3obn OPEN SESSION M & C 2009 - 30, February 5, 2000 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT: Terms of the Fall 2008 Debenture Issue BACKGROUND: On. December 8th, 2008 the New Brunswick Municipal Finance Corporation negotiated the sale of a bond issue in the amount of $63,700,000, of which $10,500,000 related to the City of Saint John 2008 Capital Program. ANALYSIS: The terms of the issue as they relate to Saint John are as follows: Term: Coupon Rate Price: Average Yield ettlement Date: 15 year, serial form Year 1 - 2,100 Year 2 - 2.700 Year 3 - 3.150 Year 4 - 3.500 Year 5 - 3.850 $99.37 4.870% $10,500,000. Year 6 - 4.200 Year 7 - 4.450 Year 8 - 4.700 Year 9 - 4.800 Year 10 - 4.950 December 22, 2008. Year 11 - 5.050 Year 12 - 5.150 Year 13 - 5.300 Year 14 - 5.400 Year 15 - 5.550 SAINT JOHN Po. Box 1971 Saint John, NB Canada E2L 4L1 i www.saintjohn.ca I C.I. 1971 Saint John, N.-B. Canada E2L 41 221 M &C2009- February 5, 2009 Rage 2 Dote: With respect to the General Fund debt is now being amortized over a fifteen year period and for the Water & Sewerage Utility debt is being amortized over a 20 year period. As a result a portion of the current debenture issue will have to be refinanced after the initial 15 year term. For the Water & Sewerage Utility, $875,000 will be refinanced in 2023 for a period not to exceed five years. The interest rates and the discount factor were within the limits approved by Common Council at its meeting held September 29, 2008. As such the Mayor and Common Clerk have signed the debentures between the City and the New Brunswick Municipal Finance Corporation for $10,500,000 at the terms listed above on December 11, 2008. RECOMMENDATION: It is recommended that this report be received and filed. Respectfully subm .gory~''orians, CGA, MBA mmi o er f Finance Terrence L. Totten, F.C.A. City Manager 222 February 13, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Revision to the 2009 General Fund Capital Budget BACKGROUND: On February 2, 2009 Council adopted the following resolution related to the 2009 General Fund Capital Budget: RESOLVED that Common Council approve the Proposed Program Summary, i.e., the 2009 Capital Budget totaling $75,733,00 of which not more than $48,951,000 shall be financed by the issuance of debt, and; Common Council receive for information the proposed summary of Capital Programs for the years 2010 through 2012, and; The Mayor and Council immediately establish contact with the City's Members of Legislative Assembly and Members of Parliament in an effort to secure the necessary funding commitment from the other levels of governinent to enable many of the proposed projects to proceed, and; The purchase of 1 additional Saint John Transit bus be added to the 2009 Capital Budget, and; Any surplus funds from the 2009 Capital Budget be utilized towards the Community Centres in the City of Saint John. 223 Report to Common Council February 13, 2,009 Page 2 A subsequent review of the submitted budget document has revealed that the capital budget submissions from some of the agencies, boards and commissions were not included in the document. The following is a list of each agency and the related total of their respective funding request: Saint John Police Commission $ 215,040 The Trade and Convention Centre $ 210,040 Harbour Station $ 192,040 The Canada Games Aquatic Centre $ 805,040 The Saint John Free Public Library $ 54,904 Rockwood Park Golf Course $ 25,000 City of Saint John Parking Administration $ 150,000 $ 1.651.900 The result is an additional $1,651,900 added to the 2049 General Fund Capital Budget bringing the total budget to $77,784,900 of which not more than $51,442,900 will be financed by the issuance of debt. RECOMMENDATION: That Common Council approve the revision to the General Fund Capital Budget in the sum of $1,651,900 as outlined above. 224 February 12, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Earth Hour Participation - Saturday, March 28 at 8:30 - 9:30p.m. On March 281" 2009 at 8:30 pm, the world will get a little darker. On behalf of the City of Saint J'ohn's Environment Committee, I am writing to you to ask that the City of Saint John officially takes part in Earth Hour this March 28th. More than 100 Canadian cities and municipalities participated in Earth Hour last year, including Saint John. Millions of individuals and businesses around the globe turned off their lights and took part in this symbolic hour. Earth Hour clearly demonstrates that small actions from individuals can make big difference. Earth Hour is an annual international lights out event happening on Saturday, March 28 at 8:30 p.m. The goal is to get as many individuals, businesses and municipalities as possible to turn off their lights for one hour to raise awareness about climate change and demonstrate that people are ready to take personal action. The City of Saint John is demonstrating great leadership by adopting the Sustainabiliity Principles. Participating in Earth Hour is one more way to engage citizens, businesses and the community to make a symbolic gesture - turn off the lights, join the world, and make Saint John a little darker for one hour. We are asking that the City of Saint John turn off non-essential lighting in all City owned buildings, make a commitment to participating in Earth Hour, and request the Mayor make a proclamation: Mayor's Proclamation • Proposed March 28th from 8:30 pm to 9:30 pm is Earth Hour in Saint John. The City of Saint John will encourage all residents and local businesses to take part by turning off non-essential lights during Earth Hour. Sincerely, Christine Saumure Chair City of Saint John Environment Committee Chris ' elsh Erb Reevey . Vice Ch6rperson Brenda MacKinnon Nancy Butler ChrMne Saurnure- Ch Tkn Curry Tice ftkers - AG AP Preinda acCalirw Ei Ccur. - Ccur dRor son: - NE E C j Cdrnpbeii Stuff 225 Conservation Council of New Brunswick Conseil de conservation eau Nouveau-Brunswick vAMCOPSE I'VaIion crouncil.(u City of Saint John P.O. Box 1971, 15 Market Square, Saint John, NB E2L 4L1 January 19, 2009 Dear Mayor Ivan Court and Council, We write to follow-up on our email (December 19, 2008) sent to you out of concern for our Crown forests held in trust by our provincial government. We believe the New Brunswick government is heading in an unsustainable direction with its new forest management strategy. New Brunswickers have repeatedly told our provincial government they want to change the way forestry is conducted in our public forests to diversify the forest-based economy, stop the damage to our rivers and lakes and conserve animal populations threatened by overcutting. We have included three documents with this follow-up letter. Gives Us Back Our Forest highlights what New Brunswickers said during public hearings on the Crown forest in 2004. What's wrong with this picture? draws attention to the major threats facing our forest. Protecting our rivers and lakes describes the impacts of logging operations on our rivers and lakes and outlines an action plan for safeguarding our water resources. New Brunswick's mixedwood forests have been badly mismanaged, undermining the hardwood supply and degrading the habitat they provide. This mismanagement will result in a significant reduction in the amount of hardwood that will be available to New Brunswick mills in the future. The government has suggested that hardwood allocation will be cut by 20% to 40% in the next few years, which will likely force more mills to close. For 25 years, government policy has favoured softwood plantations to the detriment of valuable hardwoods. We must think about the future when we rewrite the rules on our forest. Hardwood trees are expected to thrive in New Brunswick's warming climate while softwoods like spruce and fir are expected to be less able to compete at higher elevations. Of the six options provided by the Task Force on Forest Diversity and Wood Supply, there are three which, if adopted, would. 1) increase the hardwood supply, 2) protect species from local extinctions, and 3) help our forest adapt to the impacts of climate change. The provincial government has apparently rejected all three and is expected to announce that they will intensify the conversion of our forest to softwood plantations. We are concerned that the sensible options on the table will be abandoned and more of our natural mixedwood forest will be converted to softwood plantations.. '044-11a~ UN Globol 500 loll of Honour l.oureoto taurdot du clufa Nlobcll 5Go rie l"t)NIJ 180 roe St. John Street Fredericton, New (Nouveau.) Brunswick Conadu E38 09 Tel: 506,458.8747 Fax: 506.458.Y~6 Email': info@conservationcouncil.co Scientists are warning against a further simplification of our forest in order to save wildlife from local extinction and to adapt to the effects of climate change. Mismanagement of our hardwood and mixedwood forests has already harmed many species and eliminated many deer wintering yards. Fourteen bird species in our province are declining or at risk of declining. Logging has been allowed in streamside buffers when sound science calls for greater protection of these areas in order to protect our wetlands, streams, rivers, and lakes. The massive mill closures we have experienced in New Brunswick give us the opportunity to take the pressure off the softwood supply and increase our hardwood supply over the long-term. Mills that have benefited from increased supply of softwood diverted from the closed mills can now return to buying wood from private woodlot owners, whose markets have shrunk dramatically. We ask that the city of Saint John join our efforts to protect our forest and forest dependent communities by sending a letter to the government of New Brunswick asking them to prioritize the protection of our mixedwood forest and the diversification of our forest economy in their new forest management policy. Letters can be sent to: Hon. Shawn Graham Premier of New Brunswick P.O. Box 6000 Fredericton, NB E3B 5H1 Email: premier@gnb.ca Hon. Wally Stiles Minister of Natural Resources P.O. Box 6000 Fredericton, NB E3B 5H1 Email: wally.stiles@gnb.ca Copied to: Tracy Glynn Conservation Council ofN.B. 180 St. John St., Fredericton, NB E3B 4A9 Email: (ores@conservationcouncil.ca For more information, please do not hesitate to contact me at 506 458-8747 or by email at forest@conservationcouncil.ca We hope we can work together to protect our public forest for future generations. Sincerely, Tracy Glynn Acadian Forest Campaign Coordinator Conservation Council of New Brunswick/ Conseil de conservation du Nouveau-Brunswick 180 rue St. John St., Fredericton, New Brunswick E3B 4A9 Phone/T616phone :(506) 458-8747 Fax/T6I6copic: (506) 458-1047 Email/Courriel: forest@conservationcouncil.ca www.conservationcouncil.ca * www.acadianforest.ca 227 Rouse, Allan From: Seat: To: Subject: December 19, 2008 Tracy Glynn (forest@conservationcouncil.caj Friday, December 19, 2008 11:19 AM Court, Ivan; Higgins, Fatty; Court, Bruce A Call to Action for Our Crown Lands Dear Mayor Court and Council, We write today out of concern for our Crown forests held in trust by our provincial government. We believe the New Brunswick government is heading in an unsustainable direction with its new forest management strategy. New Brunswickers have repeatedly told our provincial government they want to change the way forestry is conducted in our public forests to diversify the forest-based economy, stop the damage to our rivers and lakes and conserve animal populations threatened by overcutting. New Brunswick's mixedwood forests have been badly mismanaged, undermining the hardwood supply and degrading the habitat they provide. This mismanagement will result in a significant reduction in the amount of hardwood that will be available to New Brunswick mills in the future. The government has suggested that hardwood allocation will be cut by 20% to 40% in the next few years, which will likely force more mills to close. For 25 years, government policy has favoured softwood plantations to the detriment of valuable hardwoods. We must think about the future when we rewrite the rules on our forest. Hardwood trees are expected to thrive in New Brunswick's warming climate while softwoods like spruce and fir are expected to be less able to compete at higher elevations. Of the six options provided by the Task Force on Forest Diversity and Wood Supply, there are three which, if adopted, would: 1) increase the hardwood supply, 2) protect species from local extinctions, and 3) help our forest adapt to the impacts of climate change. The provincial government has apparently rejected all three and is expected to announce that they will intensify the conversion of our forest to softwood plantations. We are concerned that the sensible options on the table will be abandoned and more of our natural mixedwood forest will be converted to softwood plantations. Scientists are warning against a further simplification of our forest in order to save wildlife from local extinction and to adapt to the effects of climate change. Mismanagement of our hardwood and mixedwood forests has already harmed many species and eliminated many deer wintering yards. Fourteen bird species in our province are declining or at risk of declining. Logging has been allowed in streamside buffers when sound science calls for greater protection of these areas in order to protect our wetlands, streams, rivers, and lakes. The massive mill closures we have experienced in New Brunswick give us the opportunity to take the pressure off the softwood supply and increase our hardwood supply over the long- term. Mills that have benefited from increased supply of softwood diverted from the closed mills can now return to buying wood from private woodlot owners, whose markets have shrunk dramatically. We ask that the City of Bathurst join our efforts to protect dependent communities by sending a letter to the government to prioritize the protection of our mixedwood forest and the economy in their new forest management policy. Fetters can be sent to: Hon. Shawn Graham Premier of New Brunswick P.O. Box 6000 Fredericton, NB our forest and forest of New Brunswick asking them diversification of our forest 1 228 E3B 5H1 Email: premier@gnb_ca Hon. Wally Stiles Minister of Natural Resources P.O. Box 6000 Fredericton, NB E38 5H1 Email: wally.stiles@gnb.ca Copied to: Tracy Glynn Conservation Council of N.B. 180 St. John St., Fredericton, NB E3B 4A9 Email: forest@conservationcouncil.ca For more information, please do not hesitate to contact me at 506 458-8747 or by email at forest@conservationcouncil.ca We hope we can work together to protect our public forest for future generations. Sincerely, Tracy Glynn Acadian Forest Campaign Coordinator Conservation Council of New Brunswick/ Conseil de conservation du Nouveau-Brunswick 180 rue St. John Street Fredericton, New Brunswick E3B 4A9 Phone/Telephone : (50G) 458-8747 Fax/Telecopie: (506) 458-1047 Email/Courriel: forest@conservationcouncil.ca http://www.conservationcouncil.ca http://www.acadianforest.ca 2 229