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2009-04-27_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, April 27, 2009 Committee of the Whole 1. Call to Order 5:00 p.m. Committee of the Whole 8th Floor Boardroom - City Hall 1.0 Committee of the Whole Closed Session Preamble 1.1 Financial / Labour Matters 10.2(4)0) 1.2 Legal Opinion 10.2(4)((,,) 13 Personal Matters 10.2(4)(b) 1.4 Financial / Land Matters 10.2(4)(c)(d) 1.5 Labour and Employment Matters 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 March 30, 2009 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Environment Committee request to present awards (Recommendation: Refer to Clerk to schedule) 5.2 Expert Resources - Action Plan for Safe, Clean Drinking Water (Recommendation in report) 53(a) Heather Way Traffic By-Law Amendment (Recommendation in report) 53(b) City Solicitor: Traffic By-Law Amendment - Heather Way 5.4 Tender 2009 084901T Asphalt Reinstatement of Utility Cuts (Recommendation in report) 5.5 Loch Lomond Rd and Hillcrest Rd Aquifer Study (Recommendation in report) 5.6 Tender for Flags and Flag Poles Reversing Falls Tourism Information Center (Recommendation in report) 5.7 Rockwood Hills Subdivision 1060 Sandy Point Rd (Recommendation in report) 5.8 Proposed Public Hearing Date - 372 Ludlow St, 388 University Ave. & 10 Technology Dr (Recommendation in report) 5.9 Terms & Conditions of Employment Non Union Administrative Personnel (Recommendation in report) 5. 10 Land Use - Wetlands Compensation (Recommendation in report) 5.11 Harbour Station Lighting Upgrade(Recommendation in report) 5.12 Amendment to Easement Acquisition 276 and 312 Rothesay Ave (Recommendation in report) 6. Members Comments 7. Proclamation 7.1 Emergency Preparedness Week May 4th - 10th, 2009 7.2 Asian Heritage Month - May 2009 73 New Brunswick Lung Association World Asthma Day Proclamation 8. Delegations / Presentations 8.1(a)Saint John Emergency Management Organization Presentation 8.1(b) Emergency Management Framework for Canada 8.2 Housing Alternatives Inc. Presentation 9. Public Hearings 10. Consideration of By-laws 10.1 Public Presentation 99 Hazen Street 10.2 Third Reading - By-Law Amendment - Stop up and close portion of Peel St 103 Third Reading - By-Law Amendment - Stop up and close portion of Chipman St 10.4 Third Reading - By-Law Amendment - Stop up and close portion of Hazen Ave 10.5 Third Reading By-Law Amendment 1612 and 1618 Latimore Lake Rd 11. Submissions by Council Members 11.1 Value for Money (Deputy Mayor Chase) 11.2 Vacant and Derelict Buildings By-Law (Councillor McGuire) 113 Federation of Canadian Municipalities (Councillor McGuire) 11.4 Efficiency of Council Meetings (Councillor McGuire) 11.5 Recreation Report Update (Councillor Snook) 11.6 Website (Councillor Snook) 11.7 Rainbow Park (Councillor Snook) 12. Business Matters - Municipal Officers 12.1 City Solicitor: Tannery Court Co-Operative Limited 12.2 City Manager: Annual Service Review Program 123(a) City Manager: Performance Appraisals 123(b) City Solicitor: Employee Evaluation Practices 123(c)Performance Management Office of the Common Clerk 12.4 City Manager: Automated Vehicle Location System 12.5 City Manager: Neighbourhood Development Stimulation Grant 12.6 City Manager: Derelict Buildings By-law 12.7 Commissioner of Finance: 2009 Debenture Issue 13. Committee Reports 13.1 Committee of the Whole: Recommending new Loch Lomond Community Centre 13.2 Planning Advisory Committee: Proposed Subdivision 150 and 151 Aspen Street 13.3 Planning Advisory Committee: Latimer Estates Subdivision 880 Latimore Lake Rd 13.4 Water Committee: Update 13.5 Steering Committee Peel Plaza Project - Engagement of Deloitte & Touche 13.6 Committee of the Whole: Peel Plaza Project - Project Manager 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 South End Days Request for Funding 15.2 Boys and Girls Club 15.3 Letter from Frank Rodgers 16. Adjournment City of Saint John Seance du conseil communal Le lundi 27 avril 2009 Comite plenier 1. Ouverture de la seance 17 h - Comite plenier - salle de conference du 8e Rage, hotel de ville 1.0 Reunion privee du comite plenier - Preambule 1.1 Questions relatives aux finances et au travail - alinea 10.2(4)j) 1.2 Avis juridique - alinea 10.2(4)g) 13 Questions relatives au personnel - alinea 10.2(4)b) 1.4 Questions relatives aux finances et aux terrains - alineas 10.2(4)c)d) 1.5 Questions relatives aux ressources humaines - 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 30 mars 2009 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Demande de presentation de la part du comite sur 1'environnement relative a la presentation de prix (recommandation : transmettre au greffier pour qu'une date de presentation soit fixee) 5.2 Ressources specialisees - Plan d'action pour la salubrite et la proprete de 1'eau potable (recommandation figurant au rapport) 5.3a) Modification de 1'arrete concernant la circulation visant la voie Heather (recommandation figurant au rapport) 5.3b) Avocat municipal : Modification de 1'arrete concernant la circulation visant la voie Heather 5.4 Soumission 2009 084901T relative a la restauration de 1'asphalte des tranchees destinees aux services publics (recommandation figurant au rapport) 5.5 Etude des aquiferes - chemin Loch Lomond et chemin Hillcrest (recommandation figurant au rapport) 5.6 Soumission relative aux drapeaux et aux mats de drapeau du centre d'information touristique des chutes reversibles 5.7 Lotissement Rockwood Hills situe au 1060, chemin Sandy Point 4 5.8 Date propos6e pour les audiences publiques visant le 372, rue Ludlow, le 388, avenue University et le 10, promenade Technology (recommandation figurant au rapport) 5.9 Conditions de travail pour le personnel administratif non syndiqu6 (recommandation figurant au rapport) 5.10 Usage du terrain - Indemnisation des zones humides (recommandation figurant au rapport) 5.11 Modernisation de 1'6clairage du Harbour Station (recommandation figurant au rapport) 5.12 Modification relative a 1'acquisition d'une emprise au 276 et au 312, avenue Rothesay (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine de la protection civile du 4 mai au 10 mai 2009 7.2 Mois du patrimoine asiatique - Mai 2009 7.3 Declaration relative a la Journ6e mondiale de l'asthme par 1'Association pulmonaire du Nouveau -Brunswick 8. Delegations et presentations 8.1a) Presentation de l'Organisme de gestion des services d'urgence de Saint John 8. lb) Cadre de gestion des services d'urgence pour le Canada 8.2 Presentation d'Housing Alternatives Inc. 9. Audiences publiques 10. Etude des arretes municipaux 10.1 Presentation publique relative au 99, nee Hazen 10.2 Troisieme lecture - Modification de 1'arret6 visant la fermeture et le barrage d'un tron~on de la rue Peel 103 Troisieme lecture - Modification de 1'arret6 visant la fermeture et le barrage d'un tron~on de la nee Chipman 10.4 Troisieme lecture - Modification de 1'arret6 visant la fermeture et le barrage d'un tron~on de l'avenue Hazen 10.5 Troisieme lecture - Modification de 1'arret6 visant les 1612 et 1618, chemin Latimore Lake 11. Interventions des membres du conseil 11.1 Evaluation de l'optimisation (maire suppl6ant Chase) 11.2 Arret6 concernant les batiments vacants et abandonn6s (conseiller McGuire) 113 Federation canadienne des municipalit6s (conseiller McGuire) 11.4 Efficacit6 des seances du conseil (conseiller McGuire) 11.5 Mise a jour relative au rapport sur les loisirs (conseiller Snook) 11.6 Site Web (conseiller Snook) 11.7 Parc Rainbow (conseiller Snook) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Avocat municipal : Tannery Court Co-Operative Limited 12.2 Directeur general : Programme d'examen annuel des services 123a) Directeur general : Evaluations de rendement 123b) Avocat municipal : Pratiques d'6valuation des employes 12.31c) Bureau de gestion du rendement du greffier communal 12.4 Directeur general : Systeme de localisation automatique de vehicules 12.5 Directeur general : Subvention d'encouragement de l'amenagement du voisinage 12.6 Directeur general : Arrete concernant les bdtiments abandonn6s 12.7 Commissaire aux finances : Emission de debentures pour 2009 13. Rapports deposes par les comites 13.1 Comite plenier : Recommandation relative a un nouveau centre communautaire Loch Lomond 13.2 Comite consultatif d'urbanisme - Projet de lotissement aux 150 et 151, nee Aspen 13.3 Comite consultatif d'urbanisme : Lotissement Latimer Estates visant le 880, chemin Latimore Lake 13.4 Comite compose des membres de Saint John Water : Mise a jour 13.5 Comite drecteur du projet de la place Peel - Recours a 1'entreprise Deloitte & Touche 13.6 Comite plenier : Projet de la place Peel - gestionnaire de projet 14. Etude des sujets ecartes des questions soumises a 1'approbation du consed 15. Correspondance generale 15.1 Demande de subvention presentee par le Comite des journees du quartier sud 15.2 Club garcons et filles 15.3 Lettre revue de Frank Rodgers 16. Levee de la seance April 23, 2009 Common Council of the City of Saint John His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole Closed Session The Common Council meeting of April 27, 2009 contains the following items on the agenda: Financial / labour matters 10.2(4)0); 1.2 Legal Opinion 10.2(4)(g);1.3 Personal matters 10.2(4)(b); 1.4 Financial / land matter 10.2(4)(c)(d); 1.5 Labour and employment matters 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 Financial Matters 10.2(4)0): Labour and employment matters, including the negotiation of collective agreements. 1.2 Legal Opinion 10.2(4)(8): litigation or potential litigation affecting the municipality or any of its agencies, boards or commissions, including a matter before an administrative tribunal 1.3 Personal Matters 10.2(4)(b): Personal Information 1.4 Financial Matters 10.2(4)(c)(d): (c) information that could cause financial loss or gain to a person or the municipality or could jeopardize negotiations leading to an agreement or contract; (d) the proposed or pending acquisition or disposition of land for a municipal purpose. 1.5 Labour and Employment Matters 10.2(4)0): Labour and employment matters, including the negotiation of collective agreements. Respectfully Submitted, Elizabeth Gormley Common Clerk 94-364 COMMON COLUCIL/CONSOL COMAVAL MARCH 30, 2009/LE 30 MARS 2009 COMMON COUNCIL MEEfING- THE CITY OF SAINT JOHN CITY HALL- MARCH 30, 2009 5:00 P.M Present: Ivan Cart, Maya- Deputy Meyor Chase and Couxallos Court, Famen, NIlen, Higgins, McGuire, Mbtt, SYicok, Sullivan, and Titus - and - T. Totten, City Menager; J. Nugent, City Scliato , G Yen-ens, Cam issiaier of Fi nance and TreasLrer, R Groody, Cam issiaier of Unidpal Ciperations; S. Herring, Planner ; A Poffenroth, Deputy Camssiaier of Bindings and Inspection Services; D. Cooper, Paioe Sergeant; B. Morrison, Comissiaier of Leisure Services; E Gomiey, CorrrrwClerk and J. Taylor, Assistant Common Clerk SEANCE DU OONML COMMmWL DE THE CITY OF SAINT JOHN A uHIOTEL DE MLLE, LE 3o MARS 2009 A 17 H Salt presents : Ivan Court, rare le n-dre suppleant Chase et les conseillers Court, Farren, NIlen, Higgins, McGuire, Mott, SYicok, Sullivan et Titus et T. Totten, cirecteu- general; J. Nugent, avocat m nicipal; Greg Yew-ins, oomrissaire aux finances et treswer, P. Goody, o mssaire aux operations m niapales; S. Hlemng, urbarrste, A Poffenroth, oonrrissaire adjoint aux services crinspection et des batirrents; D. Cooper, sergent de paioe; B. Mbmson, ommssaire auxservices des loisirs ainsi que E GaYriey, greffiere corrrn -de et J. Taylor, greener (b17 j-d adjant. Call To Order -Prayer Mayor Court called the meeting to order and Pastor Nylen of Hein Street Baptist Chinch offered the opening prayer. 1. Ouverture de la seance, suvie de la priere La seaxoe est aAerte par le mare Court. Le reverend Nylen, pasteur de I'Oise baptiste su- la nae Mein, recite la priere d'ouverture. 2 Appraval of Mniultes Cn ruction of Councillor Titus Seconded by Councillor McGuire RESCLVED that the n irxites of the meeting of Comm Coural held on March 16, 2009 be approved. Question being taken, the motion was carried 2 Approbation du proses-verbal Proposition du omseiller Titus Appuyee par le eonseiller McGuire QUE le procesr\aW de la reunion du Conseil du 16 mars 2009 sat adopte. A Tissue du vote, la proposition est adoptee. 94-365 COMM COLMUCONSOL COMML WRCH 30, 200 IM 30 MARS 2009 a Approval of Agenda Cn motion of Councillor Titus Seocncled by Couricillor Maguire RESCUED that the agenda of this rreeting be approved \t& the addition of item 5.15(b) Prgmsed Public Hearing Date 1989 Nbna,Nagonish RO 13.4 Committee of the VVrde: Relationship with CivicAdrrinstration; 13.5 Committee of the Verde: Ul rha ment / Professional Pay Scale, 13.6 Committee of the Wde. Lease-Reversing Falls Restaurant Den erid for Arbitration; 13.7 Committee of the Wde. Appdntrrent to Committees. Question being taken, the notion was carried a Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller Maguire RESCLU que I'orda du jour de la presente reunion scit adopte, morennant I'lout du point suivant : 5.15 (b) Date de la terx re dune audience publique relativerrent au 1989, dhen in fanamgorhish; 13.4 Comte plenier : Relation avec I'achinistration mxicipale; 13.5 Comte plenier : Echelle de rerrurreration des cadres et des menibres des professions Iiberales; 13.6 Comte plenier : La location du restaurant aux diAes reversibles Reversing Falls Restaurant fait I'd:jet dune claTericle darbitrage; 13.7 Comte plenier : Nomination aux con ites. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Corflict of Interest Councillor Titus, the City Solicitor, the Commiscicner of France, and the City Manager each declared a conflict of interest \t& any items relating to the City of Saint John Pension Plan. 4. Divulgations de corflits dirrterets Le conseiller Titus, I'avocat ni nicipal, le oon n issaire aux finances et le drecteur general ont tour declare qu'ils scrht en ccrflit dirterets aver dhaque point en rapport avec le regime de pension de The City of Saint John. 5. Consent Aaenda 5.1 That the Auditor's Report and Financial Staterrrrnts of the Fundy Region Solid VV3ste Commission for the year ended 31 DecaTber, 2008, be received for infommation 5.2 That the request for financial support from the Abbey St. Andrew Housing Project be referred to the City Manager. 5.3 That the letter from Eric Teed dated Nbrch 17, 2009 regarding honkie security be received for infommation. 5.4 That the invitation to the Grace Presbyterian Church Cpering Service be referred to the Nbya to attend or send a representative. 5.5 That the request to present from the Emergency Measures Organization be referred to the Clerk to schedule. 5.6 That the request to present in Committee of the VV-de from CUPE be referred to the Clerk to schedule. 5.7 That the request to present from Fundy Bay Festival Inc. be referred to the Clerk to schedule. 5.8 That the questions from Eric Teed regarding the Eastern Salt and Sand Storage Facility be referred to the City Manager. CONNCJN CC ILMUcausIBIL C( MAN JAL MARCH 30, 2009/LE 30 MARS 2009 5.9 That as recommencled by the City Nbnager, the proposal from Crandall Engineering Ltd. for engineering services (design and construction rrenagen'nt) for fv'brket Race, Kung Street V\bst & Rodney Tennrial -V\btem ain, Sanitary Server and Storm Surer I ristallation and Street Reconstruction be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate doc ri-e station in that regard. 5.10 That the submitted report entitled 2009 General Spedfications Revisions be received for irfoml7tion. 5.11 That as reconTnencled by the City Nbnager, Common Ca rdl 1) Adopt the submitted revisions to Division 2- Instructions to Tenderers and Tendering Procedures, and Division 6-General Administration of Contract of the City of Sairt John General Specifications and; 2) Authorize staff to proceed wth advertising that The City of Saint John \tWl be requiring contractors tendering on 2010 prqects to have in place an Audited Safety Program, or as a n irinuil a "Letter of Good Standing - In Prooess" issued by the New Runsvkk Construction Safety Association. 5.12 That as rec onTnencled by the City Nbnager, the proposal of E&I Engineering Ltd for the Saint John V\#erArc Rash Safety Program at its proposal price of $95,061.30 be accepted and that the Nbyor and Conn on Clerk be authorized to execute appropriate docurralation in that regard. 5.13 That as reconTnencled by the City Nbnager, Common Coundl authorize staff to establish a supply agreement for the provision of engineering inspection servioes for 2009 Capital Program projects in accordance \t& the hourly rates provided in the said report. 5.14 That as rec onTnencled by the City Nbnager, Common Ca j-dl amaid the list of Cffrdarl Street Names to include rue Recyding Street. 5.15 That as rec onTnencled by the City Nbnager, Common Coundl scneduie the public hearings for the rezoning applications of Ccmeauu NbKenaeArchitecture, 10 Technology Drive, and Karen and Daryl Lunn, 1612 & 1618 Latin-ore Lake Road, for Tuesday, April 14, 2009 at 7:00 p.m in the Council ChaYber, and refer the applications to the Raining Advisory Comrittee for a report and r ecaT endation. 5.15b That as recon n encled by the City Nbnager, Common Coundl schedule the public hearing for the rnmidpal plan amendment and rezoning application of Karmijit S914w, 1989 Nbnawaganish Road, for Tuesday, April 14, 2009 at 7:00 p.m in the Council Chamber, and refer the application to the Raping Advisory Comrittee for a report and recorrntion. 5.16 That as reconTnencled by the City Mmager: 1) In the event the 743 square metre ± public street known as Hcspitarl Street is stopped-up and dosed, The City of Sant John sell its freehold interest to Matrix Properties Inc for $22,195.00 plus HST (if applicable) on or before May 29, 2009, subject to the conditions in the Cffer of Purchase and Sale attached to the submitted report. 2) The Mayor and Corrnlon Clerk be authorized to sign any documents required to finalize the transfer. 5.17 That as reconTraided by the City Nbnager, The City of Saint John acquire: 1) a 54 square metre ± municipal servioes easerrent from LTS Investments Inc. over RD Nu -ber 303693 as generally shogun on the submitted plan; 2) a 379 square metre ± m nidpad servioes easamit from LTS Investments Inc. over RD Number 55196919 as generally show on the submitted plan; and 3) a 454 square metre ± easement for municipal servioes from LTS I nvestmants Inc over R D Nuurrber 55196919 as generally show on the submitted plan; and as part of the transaction the City \tWl: 1) prepare any plans of survey or subdivision plans required for conveyances purposes; and 10 94-367 COMM COLMUCONSOL COMML WRCH 30, ZINI .E 30 MARS 2009 2) pay up to $500.00 (plus HST) for the legal casts incurred by LTS. Investments Inc. in this transacticn and the regstration and financial institutions' costs necessary to secure the Otys interest; and 3) authorize the Mayor and Comm) n Clerk to sign arty docu rent(s) necessary to finalize these transactions. 5.18 That as recorrnBnded by the City Manager, The City of Saint John acquire and assent to a 515 square metre ± Mmicipad San Aces Easement / Easement for Mmicipal Services as sl-om on the submitted stbdimsicn plan from PNK Hddings Ltd. for $2,575.00 (plus HST if applicable) on or before June 30, 2009, sL4ect to the Terms and Conditions contained in the subn itted agreement; and that the Mayor and Con7rYtn Clerk are authorized to execute any necessary docu rent. 5.19 That as recorrnBnded by the City Manager, The City of Saint John acquire a tenTuary crostnacticn easerrent as shogun on the subn itted plan from J. D. Irving United for $100.00 (plus HST if applicable), sAect to the Terms and Conditions contained in the submitted agreerrent, and that the Mayor and CmTn:)rn Clerk be authorized to execute any necessary cloar-ent. 5.20 Refer to item 14.1 5.21 That the submtted update report entitled Recreational Fadlities Comrission (Wallace Report) be received for infom-atian. 5.22 That as recmTTBxted by the City Manager, tender number 2009-081202T Rodwood Park Redevelopment be warded to the IoN bidder, Debly Enterprises, at the tendered price of $3,393,642.56 as calculated based upon estimated quantities, and further that the Mayor and Conm n Clerk be authorized to execute the necessary contract documents. 5.23 That as recorrnBnded by the City Manager, the tender of Advocate Printing, fomraiy Maritirre Press, in the aT ou-Tt of $33,774.35, plus tax, for the printing of ninety thousand English and tv~five thousand French versions (64 pages) of the Tourism Innfan-dion Guide for the City of Saint John be accepted. 5.24 That the letter from Mcriah Russell dated March 12, 2009, requesting the renaming of a City Playground, be referred tothe Leisure Services Advisory Board. Cn mction of Ca,ncillor McGuire Seconded by Caxncillor Titus RESCL\ED that the rec orrTmclation set out for each consent agenda item respectively, wth the exception of item 5.20 Update on Container Recycling for City Facilities, Mich has been identified for debate, be adopted. Question being taken, the n ration vvas carried Questions soumises a I'approbation du canseil 5.1 Que le rapport du verificateur et les etats financiers pax 1'exerdoe financier tem ine le 31 deoaYbre 20M lies a la Fundy Regon Solid Vv3ste Comrission (Comrission de gestion des dechets slides de la region de Fundy) saernt aaceptes a titre infom-atif. 5.2 Que la clam-de de firnanosment dais le cadre du projet de Iogenats de I'abbaye Saint Andrew snit tome ise au cirecteur general. 5.3 Que la Iettre dBic Teed en date du 17 mars 2009 relative a la secl rite residerntielle sat acceptee a titre inforrratif. 5.4 Que ('invitation au service douverture da 1'eglise presbyterieme Grace sat transn ise au moire pear qu'il y participe as envae un representant. 5.5 Que la Iettre de clam-de scup ise par ('organisation des mesures durgernce, visant a faire une presentation, sat transnise a la geffiere pour qu'elle fixe une date de presentation. 11 CONNCJN CC ILMUcausIBIL C( MAN JAL MARCH 30, 2009/LE 30 MARS 2009 5.6 Cue la lettre de dam-de scup ise par le SCFP, visant a faire we presentation devant le conite plenier, sat transnise a la g-ef6ere pax qu'elle fixe we date de presentation. 5.7 Cue la lettre de dam-de scup ise par Fundy Bay Festival Inc., visant a faire we presentation, sat transn ise a la greffiere pax qu'elle fixe we date de presentation. 5.8 Cue les questions posees par Eric Teed au syet des installations de stod<age de sel et de sable du quartier est scent transmses au drecteur general. 5.9 Cue la proposition presentee par Crandall Erne, jneering United relative aux services dingenierie visant la gestion de la oonception et de la construction des travaux de refection, de ('installation de la oonduite dean prindpale et des egouts saritaires et plumaux de Ularket Race, de la rue Krng ouest et du terminal Rodney sat aoceptee, et que le maire et le gefie- omT real scant autcrises a signer la doa ie ntation e>dgee a oet egard; 5.10 Cue le rapport presente intitU6 Exarren des spedfrcaticns generales pour I'an nee 2009 sat accepte a titre irformatif. 5.11 Que, oomre le reoorrnande le cirecteur general, le ccnsdl ommrral : 1) Adopte les spedfications ganerales de The City of Saint John omoerrrant la section 2 visant les directives relatives aux sam issionneires et aux prockLres dappel doffres et la section 6, I'adn iristration ganerde des ocntrats; 2) Autodse le personnel a proceder a la pLblication de ('information selon lagcelle The City of Saint John der andera aux entreprenwrs, dans le cadre des appels doffres pax les prcos de I'amee 2010, de mettre en place la verification d A prog-arrrre de secuite au au mains une << attestation de I'obsevaticn en oaurs» delivree par I'assodation responsable de la seaurite des dnantie s du Ncuveau-Runswick 5.12 Que, oomre le reoorrnande le cirecteur general, la proposition de E8d Engineering Ltd. visant le prog-amre de sea nt6Arc Rash Safety de Saint John Voter et dent la valeur proposee est de 96 061,30 $ sat acceptee, et que le maire et le greffier com anal scent autonses a signer la documentation emgee a oat egard. 5.13 Que, oomre le reoammrde le cirecteur general, le crosal ommrral autonse le personnel a rediger un ocntrat dapprovisio nnanernt relatif aux se \Aoes dinspection dingenieie visant les projets oonrus en vertu du progame dimn>7bilisations de 2009 omforntr gent au taux horaire indique dans le rapport en question. 5.14 Que, oomre le reoammrde le cirecteur general, le croseil ommrral n-odfre la lisle des ram de we offidels pour y ajaute- la rue Recycling Street. 5.15 Que, oomre le reoammrde le cirecteur general, le consal ommrral *vat les audiences pr.bliques relatives aux dem3-des de rezonage de Comeau lVlJ<enzje Architecture, sitiuee au 10, pro merrade TedTndogie, et de Karen et Da)4 Lum, habitant au 1612 et 1618, dnenin Latin ore Lake le n-ard 14 avril 2009 a 19 h dens la salle du oonsal et que les damrdes scent sournses au Comte consultatif duiranisrre aux fins de la presentation dun rapport et de lions. 5.15b Que, oomre le reoorrmmrde le cirecteur general, le conseil ommrral fixe la date daudience pr.blique au rrard 14 avril 2009 a 19 h dens la salle du omseil relativenmml a la den ide de modification du plan nu idpal et du rezonage deposee par Kqn-djit Sel4w, 1989 rue NbnagAmaish et transnEtte la dam-de au Comte ocnsultatif durbanisrre aux fins de rapport et de reouTn ndation. 5.16 Que, oomre le reoorrnunde le cirecteur general : 1) Au cas as I'acces a la rue publique qui s'etend sur environ 743 metres canes, plus oomue sous le nom de rue Hospital serait defrnitivaTent oondamne, The City of Saint John vendra ses intents francs a Matrix Properties Inc. pax un rrontant de 22195,00 $ TVH en sus (si neoessaire) au plus tard le 29 mad 2009, sous reserve des conditions regissant I'offre dadnat-vente, laquelle acconpagne le rapport saxris. 2) Le moire et le greffre- omTm-ral scent autaises a signer taute documentation regLjse pax condu-e le transfert. 12 94-369 COMM COLMUCONSOL CONNM AL WRCH 30, 200 IM 30 MARS 2009 5.17 Cana e le recon r ande le cirecteur general, QUE The City of Saint John acct iere les terrains savants : 1) Une servitude aux fins de services m xnicipaux dune superfide dermron 54 metres canes, portant le NID 303693 et appartenant a LT.S Investments Inc. come le mmntre de rraniere generate le croquis; 2) We servituJe aux fins de services municipaux dune supaficie deNron 379 metres canes, portant le NI D 55196919 et appartenant a LT.S Investments Inc. come le mmntre de rraniere generate le crogas; et 3) we servitude aux fins de services m nicipaux dune superfide de 454 metres canes, portant le NID 55196919 et appartenant a LT.S Investrrents Inc. come le metre de rraniere generate le croquis; et dens le cane de la transaction, la Ville pff3-da Ies dispositions savantes : 1) Preparer les plans darpertage ou les plans de lotissanffl necessaires aux fins de transfert; 2) Sacgtitter des horbrairesjuridiquesjusgUl oo nc:urrence de 500 $ (R/H en sus) engages par LT.S. Investments Irrc, pox oondr re ladite transaction et de tcus les frais de traitement applicaloles aux institutions financieres et tous les frais denregstrerrent neoessdres pour garantir les intents de la ville, 3) Autoriser le rraire et le greffier oomrunal a signer toute la documentation regase afin de condu-e oette transaction 5.18 Resolu que, oomre le recarnnande le cirecteur general, The City of Saint John acct iere une en-prise aux fins de services nmapaux duce parcelle dune superfide appro)dmative de 515 metres canes, omme le mmntre le plan de lotissernal scums appartenant a RMC Holdings Ltd., pour la some de 2 575,00 $ (TVH en sus, le cas ectreant), au plus tard le 30jan 2009, scus reserve des conditions stipulees clans la convention presentee et qua le rraire et le geffier omT nal silent autorises a signer toute documantaticn exigee. 5.19 Resolu clue, oomre le recarnnande le cirecteur general, The City of Saint John accp Ere une enprise terrporaire su- une conshiction, corme le metre le plan scums appartenant a J. D. Irving United, pour la some de 100 $ (TVH en sus, le cas 6&6ant), sous reserve des oonditicns stipulees clans la oonvention presentee et que le rreire et le g-effier comm-al soient autoises a signer toute dooxrnntation exigee. 5.20 Vdr le pant 141 5.21 Que le pant su- le rapport scums intitcle Conmssion des installations de Idsirs (rapport VVallaoe) silt acmpte a titre info ni tif. 5.22 Qi e, c m7m le recorrrrar de le cirecteur general, la sounission 2009-081202T, relative au reamenagemant du parc Rodw ood, silt aomrdee au scup issionnaire le n-dr&disarit, Debly Enterprises, au prix offert de 3 393 642,56 etabli a partir de cluantites estini Lives, et que le n-dre et le g-effier oorrrrr nal silent autorises a signer les docurrents oontractuols neoessaires. 5.23 Que, oom-ele recammnde le cirecteur general, la sounission presentee par Advocate Printing, andernen al Maritirre Press, au mxtart de 33 774,35 taxes en sus, conoernant l'inpBssion de 90 000 exen-plaires en langue anglaise et de 20 000 exerrplaires en Iangue frarigaise (64 pages) du Aide de renseignen s touristiques pour The City of Sairt John, silt ac ceptee. 5.24 RESaU que la lettre de Moriah Russell en date du 12 rrars 2009 concernart I'attribution dun nouveau nom a un terrain dejeu de la ville, silt transn ise au Conseil oornsatatif des se\Aoes des Idsirs. Proposition du canseiller McG ire Appuyee par le conseiller Titus RESCLU que la recormlarndation fomlee pour dnaam des questions scumses a I'approbation du Conseil, a 1'exdusion du point 5.20, Mse ajour relative au recydage des recipients pax Ies installations de la ville, et qui a ate selectionnee aux fins de deliberations, sat adoptee. A I'issue du vote, la proposition est adoptee. 13 94-370 CONMJIV COLMUCONSOL COMAVAL MARCH 30, 2009/LE 30 MARS 2009 6. Members Conrnents Council r en bers owTnented on various oc r Ti rity events. 6. Comrrentaires presentes par les mentres Les nenixes du eonseil s'e #ffert sur civerses activites owTara taires. 7. Pmdanration 7. Pmdanration a DelegationslPreserrtations 8.1 Green mwi-al Utiiity Referring to a sr bitted presentation, the Conrrissioner of Buildings and Inspection Services, introduced the topic of Green Them Utility. He e)lained that Green T enrol Utility v=ld involve utilizing water from the harbor to heat and ocd buildings in uptam Saint John. Referring to a sdbrritted presentation, U. Steniart of Hgh Perforrna ce- Energy Systems, updated Candl with respect to the proposed Green Thern-d Utility projects for Saint John and he responded to a variety of cl estims posed by nerribers of Council. Cn motion of Councillor Titus Seconded by Councillor McGuire RESCLVED that as recce mmnded by the City Manger, Council support the ocrrpletion of the Green Tern-d Utility feasibility study and the finalized detailed technical ooncept for 2009. Question being taken, the motion w?s carried a Delegations et presentations 8.1 Amenagementdinstallationsthemiquesvertes Faisant reference a une presentation anteneure, le ommssaire des Services dinspection et des batirrents dome uie presentation su- le sujet de I'arranagernent dinstallatiois the- ques vertes. II e)lique que I'w6nagen a t dinstailatims themiques vertes consiste a utiliser I'eau provenant du port pour redlauFfer et refroidir les batimmnts situes chins le centre-Ale de Saint John. Faisant reference a une presentation anterieure, M Ste&eit, men-bre de la sodete Hgh Perfomn3noe Systems, irforre le corral de ses prgets visant I'etablisserrent dinstallatiois therniques vertes et repond a diverses questions posees par les r enibres du oanseil. Proposition du oonseiller Titus Appuyee par le eonseiller McGuire CaTn-e le recarnmxle le directeu- general, QUE le oanseil appuie la realisatim duce etude de faisabilite plat su- I'etablisserrent dinstallations therniques vertes et le concept technique cletaille et def nitif pour 2009. A Tissue du vote, la proposition est adoptee. 9. Public Hearings 7:00 P.M 9. Audiences publiques a 19 h 14 94-371 COMM COLMUCONSOL CONNM AL WRCH 30, 20MLE 30 MARS 2009 10. Consideration of By-laws 10.1 Third Reading Zoning 0-r-LmAmendment 1106 Loch Lomond Road 10.1(a) Ranning Advisory Report reconrrnenrding Section 39 Conditions On motion of Ca cillor Faren Seconded by Camcillor Sullivan RESCUED that the by-lauentitled, " B)~-Lavv Nunimr C.P. 110-99 A Law to Amend the Zoning By-LaN of The City of Saint Johri' a ff,ding Schedule "A', the Zoning Nap of The City of Saint John, by re-zening a parcel of land located at 1106 Loch Lomond Road, having an area of approxan dely 2,740 square metres, also identified as RD nunter 00313924, from `R&2' Coe and Tw Family S-turban Residential to `B-2" General Business, be read. Question being taken, the notion was carried The by-lavventitled, "By-Law Nurber C R 110-99, A Lawto Amend the Zoning By-law of The City of Saint John," was read in its entirety. On motion of Ca cillor Farren Seconded by Cou cillor Mott RESCUED that, pirsuant to the provisions of Section 39 of the ComT pity Raming Act, the use and developrrent of a parcel of land lasted at 1136 Loch Lomond Road, also identified as RD No.00313924, be scbject to the folloWng conditions: a The use of the site be lin ited to a lavv office; b. On site sewage disposal be provided tothe satisfaction of the %w &ursWck Department of Health and that evidence of the necessary approvals be provided prior to the issuance of a building permit; c. The develop nffl be connected to nmapal sanitary swffW en this service becomes available to the developmient; d. Development of the site be in accorchmaa v& a detailed site plan, prepared by the developer and a4ect to the approval of the Development Officer, illustrating the location of all buildings, structures, w tertransrrission mains and easements, parking areas, vehicular maneuvering areas, ciivevvays, signs, landscaping and other site features; e. The developer mast locate the City v\Eter transmission neins prior to site plan approval and ensure no structures are placed over-top of the transmission mains or within the easements; f. Arty pavement, drivemys or pairing areas over the lin its of the transmission neins are to be engineered and dram gs mast be submitted to the City for review Any additional weight (inducing asphalt, gavel, heavy equipment, etc.) proposed to be placed over top of the transmissions mains mast be engineered to verify that the venter rrains can withstand the additional loadings; g. Development of the site be in accordance v& a detailed drainage plan, prepared by the developer and sL4ect to the approval of the Chief City Engineer or his designate; h. The development mast have a City approved water meter installed. i. All pairing areas shall be located behind the building; j. All parking areas, vehioAar rreneuvering areas, and driveways be in accordance \Mh a detailed plan and the requirements of the Zoning By-law, and be paved \Mh asphalt and enclosed Mh cast-in-lace concrete a rbs to facilitate proper site drainage and to protect landscaping k All parking areas be screened from adjacent residential properties by a board- onboard privacy fence, show on the detailed site plan and a4ect to the approval of the Develcpment Officer, 15 94-372 CONMJIV COLMUCONSOL COMAVAL MARCH 30, 2009/LE 30 MARS 2009 1. Approved site plans be attached to any building permit application for the developn,al; m All areas riot occupied by buildings, parking areas and driveAays be landscaped and all site inproverrents indicated en the approved site, landscaping and elevation plans be corrpleted within tine (1) year from the issuance of a building pern it for the develcpn a t; n. Slghage be in accordance with the reguiremahts of the Zoning B)~-IaNVand be subject to the approved of the Develepniaht CFfioer, and o. No mobile sigrge be permitted on the site. Question being taken, the motion was carried Cn rnotion of Councillor Sullivan Seconded by Councillor Men RESCLVED that the by-IaNentitled, " By-Lav Nurr ber C.P. 110-99 A Lawto Amend the Zoning By-Lawof The City of Saint John' amending Schedule "A', the Zoning Nap of The City of Saint John, by re-zahing a parcel of land located at 1106 Loch Lomond Road, having an area of approA etely 2,740 square metres, also identified as RD nuTber 00313924, from "R&2' Coe and Two Fa i ily Sl burban Residential to " B-2" Generai l3usiness pursuant to a resolution adopted by Corrnion Caml uhder Section 39 of the Cm-m rity Planning Act, be read a third time, enacted, and the Corporate Carom Send mixed thereto. Question being taken, the motion was carried Read a third tine by title, the by-Iawentitled, "By-Law Number C P. 110-99A Lavto Amend the Zoning By-Lawof The City of Saint John.,, 10. nude des anetes nxxricipaux 10.1 Troisieme lecture du projet de modfiication de I'anete de zonage Asarrt le 1106, chemin Loch Lomond 10.1a) Rapport du Comte c onsu tatif durbarrisms recon nandant les conditions imposees par I'artide 39 Proposition du oonseiller Faren Appuiyee par le oonseiller Sullivan RESCLU que I'arete intitule «AT61:6 n° C. P. 110-99 rnodifiart I'arete de zcnage de The City of Saint John modifiant I'annece A, plan de nonage de The City of Saint John, en procedant au rezonage dune parcelle de terrain situee au 1186, dhemn Loch Lomond, dune si-Wide approximative de 2 740 m6ttres canes, inscrite sous le NI D 00313924, afin de la faire passer de zone r6ddentielle de banlieue- habitations unifariliales et bifariliales «R&2» a zone oornrnerdade g r ale « B-2 fasse l'objet dupe deuudeme lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule «Arrete n° C P. 110-99 mo ifiart I'arete de zcnage de The City of Saint Jchn» est lu integralemant. Proposition du oonseiller Fanren Appuyee par le oonseiller Mott RESCLU qu'en vertu des dispositions prevues a I'artide 39 de la L of sur 1'urhanisrre, I'utilisation et I'arr bnagerent dune parcelle de terrain situee au 1186, chenin Loch Lomond, inscrite sous le NI D 00313924, sit assujetti aux conditions suivahtes : a L'utilisation du site dot se lin iter a I'arrenagement dun cabinet davocat. b. Le systerre devacue Lion des ea x usees sur place dot repcndre aux e>dgenoes fixees par le niristere de la Sahte du NaA eau-Bruhswick et la preuve dot titre faite que toutes les a,torisatiens requires avaht la delivrance du perms de c:onstrucicn ont ete fournies. c. L'antriagen-ent dot titre relict a 1'eg Lt sahita ire rn niciped lorsque oelui-i sera dspcnible. 16 94-373 COMM COLMUCONSOL COMML WRCH 30, 20MIM 30 MARS 2009 d. L'arranagerrant de 1'enplacer ent doit titre oorfonTe au plan de situation cbblle, prepare par le proroteur et syet a I'approbation de I'agent darrenagerrant, irxiquant l'errplaoenent de taus Ies batirants et de toutes Ies constructions, les eoncl uites prindpales Beau et Ies enprises, les sires de statiorrenn rt, les sires de nmra avre des vehicxles, les voies dacces, les af6d-es, les espaces paysagers et Ies autres caracteristig-es de l'errplacerrent. e. L'entrepreneu- dlat fixer l'errplacerrert des eondutes principales Beau de la vi11e avant que le plan de situation ne sat approuve et it doit s'asscrer gda-wne construction ne se trou\/e a-Klessus des ocnduites Beau ni a I'interieur des enprises. f. Tout trotter, toute entree au afire de stationnerr ent depassant la Iinite des ocnduites principales doit faire I'd:o dun arrenagerrent et Ies dessins s'y rappcrtant doivent titre transn-is a la Mlle aux fins dexarren. Toute suggestion de pads supplerrentaire su- le dessus des cenduites prindpales (y conpris I'asphalte, Ies g-aviers, le rrateriel lourd, tec.) doit titre exan inee clans le but de verifier si Ies concu ites Beau peuvent supporter de telles d-arges supplementaires. g. L'antnagen-ent du site est conform a un plan de drainage deta III, prepare par le prorroteur et so a I'approbation de l'ingenieur nwicipal en clef ou son representant. h. L'antnagen-ent doit conpren re l'installation dun conpteu- Beau appromb par IaMIle. i. Taute sire de stationnennant doit se trcuver derriere le batiment. j. Toutes Ies sires de stationnement, les sires de nmrmjvre des vehiaules et Ies voies dacces doivent titre aqJ-dtees et delin itees par des bordixes de beton continues oculees sur place corfomtment a ui plan detaille et aux dispositions de I'arete de za-age pour proteger Ies espaces paysagers et fadliter le drainage adequat de l'errplacernant. k To utes Ies aires de stationnement doivert titre separees des propn6tes residentielles adjacentes par une dotu a privee plandhe-srx-planche, conim irxique sur le plan de situation detaille et a la satisfaction de I'agent dom. 1. Les plans de situation apprauves sort joints a toute denexle de perms de construction pour I'antnagen-ent. m Toutes Ies zones non ocaupees par Ies batirrents, les mires de stationra ent et Ies vaes dacoes doivent titre des espaces paysagers, et taus Ies travaux dan-dioration indiques su- Ies plans de situation, delevation et darrenagerrant paysager approuves doivent titre tern ines dens un delai dun (1) an a corrpter de la date de c1divrance du perms de construction pour I'arrenagerrant. n. Les enseigies doivent titre confor'es aux eAgences de I'arete de zonage et titre saunises a I'approbation de I'agert darrenagernent. o. Auam enseigne nubile nest autcr see sur Ies Iieux A Tissue du vote, la proposition est adcptee. Proposition du conseiller Sullivan Appcyee par le conseiller Kr11en RESCLU que I'arete intitue «Arrete n° C. P. 110-99 rrodifiarrt I'arrete de zonage de The City of Saint John » modifiant a I'annexe A, plan de zonage de The City of Saint John, le zcnage duce paroelle de terrain dune aWide denviron 2 740 metres canes situee au 1136, d-emn Loch Lomond et inscrite sous le NID 00313924 pour faire passer la classification s'y rappcrtant de zone residentielle de banlieue-habitations urifarriliales et bifarriliaies «RS-2» a zone eonrreciaie gbnbr~ale «B-2 confon tn'Ent a une resaution adcptee par le ocnseil eonmrial en vertu de I'artide 39 de la Ld surl'urbenisrre, fasse l'objet dune trasierre lecture, que lecit arrete sot edide et que le sceau omTax al y sat -PPOS6. 17 94-374 COMNM COLMUCONSOL COMAVAL MARCH 30, 2009/LE 30 MARS 2009 A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arete intitule «Arrete n° C.P. 110-99 modifiait I'arete de zonage de The City of Saint John 10.2 Third Reading By-LawAmerxirrent To Stop up and Close Hospital Street Cn motion of Councillor McGuire Seconded by Ca,ncillor Fares RESCUED that the by-Lawentitled, "B)~-LaIw Nurr ber NL23, A By-L a vto A Tend a B)~-laN Respecting the Stopping Up and Closing of Hghways in The City of Saint John" v& regard to Hospital Street, be read. Question being taken, the motion w?s carried The by-lawentitled, "B)~-law Number NL23, a B)~-Lavto Arrend a By-Law Respecting the Stopping Up and closing of 114mays in The City of Saint John' vvas read in its entirety. Cn motion of Couxallor Farm Seconded by Couxallor Snook RESCUED that the byt wentitled, "By- Lew Nurber NL23, A By-Lawto Arrend a By-law Respecting the Stopping Up and Closing of Hgh✓vays in The City of Saint John' v& regard to Hospital Street, be read a third tine, enacted, and the Corporate Corrrnon Seal affixed thereto. Question being taken, the motion ves carried The by-lawentitled "By-Law Nuricer NL23, a By-lawto An end a By-Lav Respecting the Stopping Up and Closing of 114mays in The City of Saint John." \Am read a third time. 10.2 Troisierne lecture de la modification de I'ant#e concernant la fenTetu-e et le barrage de la rue Hospital Proposition du eonseiller McGuire Appuyee par le conseiller Fan-en RESCLU que I'arete intitule «Arrete n° NL23, Arrete modifiart I'arete sur I'interrption de la dralation et la fenreture des routes dens The City of Saint John relativerrent a la nee Hospital, fasse I'o" duie lecture. A Tissue du vote, la proposition est adoptee. L'arete intitule «Arrete n° NL23, Arrete modifiant I'arete sur I'intem ption de la dra.lation et laferrnetu a des routes dais The City of Saint John est lu integralerrent. Proposition du conseiller Faren Appuyee pa- le conseiller Snook RESCLU que I'arete intitule «Arrete n° U 23, Arrete modifiait I'arete sur ('interruption de la circulation et la fenrnetu a des routes dens The City of Saint John » , relatives ant a la rue Hospital, fasse I'cbjet dune troisierre lecture, gUil sat edicteet que le sceau comrunal y sat appose. A Tissue du vote, la proposition est adoptee. L'arete intitule «Arrete n° NL23, Arrete modifiart I'arete sur I'interrption de la circulation et la ferrnetu a des routes dens The City of Saint John » fait ('objet dune troisierre lecture. 10.3 Third Reading Traffic By-L awAmmndrrrent C xrg and Vfterioo Streets Cn motion of Councillor Snook Seconded byCou cillorSullivan RESCUED that the by-law entitled, "A Lev to Arrend a By-Law Respecting Traffic on Streets in The City of Saint John Trade under the Authority of The Motor Vehide Pot, 1973, and Arrei-icirnants Thereto", be read. Question being taken, the motion ves carried 18 94-375 COMM COLMUCONSOL COMA AL WRCH 30, ZINI .E 30 MARS 2009 The by-lawentitled A Lawto Amend a B)~-Law Respecting Traffic on Streets in The City of Saint John made under the Authority of The Motor Vehicle Act, 1973, and Arrmridnnts Theretd', was read in its entirety. Cn motion of Councillor Snook Seconded by Cou cillor Mire RESCLVED that the by-law entitled, "A Law to Amend a B)~-Law Respecting Traffic on Streets in The City of Saint John made wide' the Authority of The Motor VehicleAct, 1973, and Amer i s Thereto", be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried The by-lawentitled A Lawto Amend a B)~-Law Respecting Traffic on Streets in The City of Saint John made under the Authority of The Motor Vehicle Act, 1973, and Arrmridnients Theretd', was read a third time by title. 10.3 Trasieme lecture de la modification de I'arrete relatif a la circulation visant les rues Cobwg et Waterloo Proposition du oonseiller Snook Appcyee par le ocnseiller Sullivan RESCLU que I'arrete intitu e «Arete rracifiant I'arete relatif a la circulation clans les rues cle The City of Saint John 6dctb en vertu cle la Ld surles Ah dies a rrbteur (1973) et modifications afFerentes » fasse I'oW dune lecture. A Tissue du vote, la proposition est adoptee. L'arr6te intitu a «Arete modifiant I'arr6te relatif a la circulation dans les rues cle The Qty of Saint John edicte en vertu cle la Ld surles vd4cules a nuteur (1973) et modifications afFerentes» est lu integralerrent. Proposition du oonseiller Snook Appcyee par le censeiller Mire RESCLU que I'arrete intitu e «Arete rracifiant I'arete relatif a la circulation clans les rues cle The City of Saint John 6dctb en vertu cle la Ld surles Ah dies a nuteur (1973) et modifications afFerentes » fasse I'oW dune trasierre lecture, qu'il sat edicte et que le sceau ccrrrrr nal y sat appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arete intitule «Arrete rnodifiant I'arete relatif a la circulation dens les rues de The City of Saint John edicte en vertu cle la Ld surles v4ales6 rrrteur(1973) et modifications afFerertes 11. S.bnissions by Council Members 11.1 Public Record of Motions (Deputy Mbyor Chase) Cn motion of Ca,ncillor Snook Seconded by Cauncillor Sullivan RESCLVEDthat Council lift item 11.1 Public Record of Notions from the table. Question being taken, the motion was carried Cn motion of Councillor Snook Seconded by Councillor Sullivan RESCLVED that Council direct the Clerk's office to keep ourent a list of Cou oil Resolutions, including status reports, and to meke this docu rent available to the public. Councillor Court stated that he does riot support this motion as this \Awld increase the %crkload for the Clerk's office. 19 94-376 CONMJIV COLMUCONSOL COMAVAL MARCH 30, 2009/LE 30 MARS 2009 Responding to a question of C bunch, the Clerk indicated that in the past this repot wm used as an internal vwrldng document for staff and Ca,ricil and that by nmking the repot public it vu ld increase the vwrkload in Clerk's office as docurrents that are public require review. Councillor Nbtt indicated that hevwuld not support the motien as Council already provides sufficient infomatien to the public and that this would create more vx* for the aaik s office. Councillor Titus stated that he agrees v& Cax>cillor Mott and that he does not see the benefit of adding this item to Council's agenda as a public doaxnent. Councillor Men a clvised that it is the obligation of individual C uncillors to fdlav up on motions. Councillor Snook stated that he accepts the viamof staff that this is an internal vwrtdng document and that this vwuld increase staffs vwrldoad. Question being taken, the motion was defeated the Mayor and Cauncillors Cart, Hggins, Men, MbGure, Mott, Snook and Titus voting nay. 11. Interventions des mmixes du Conseil 11.1 Archives publiques des motions (moire suppleant Chase) Proposition du oonseiller Snook Appuyee par le conseiller Sullivan RESCLU que le Conseil soxnette le point 11.1 Archives publiques des motions aux fins de cisaussion. A Tissue du vote, la proposition est adoptee Proposition du eonseiller Snook Appuyee par le conseiller Sullivan RESCLU que le Conseil dare rde au bureau de la g-effiere de tenir we liste ajour des resolutions du Conseil, y om#s des rapports detat, et qu'il mmettte ce doaxrent a la disposition du public. Le eonseiller Court indique qu'il ne soutient pas cette motion car vela augnmr tern it la charge de travail pax le bureau de la greffiere. En reponse a we question du ocnseil, la greffiere a incique que, par le passe, ce rapport etait utilise en tant que document de travail interne pax le personnel et le ocnnseil. En rendant tie rapport public, vela augrrernterait la charge de travail pax le bureau de la gr ffiere etant denrre que les docurmis publics doivent titre nurses. Le eonseiller Mott indique qu'il ne sautiendra pas la n-ction etant do nne que le acnseil fourrit cito suFFisarrnent dirfoYretion au public et que vela entraanedt plus de travail pax le bureau de la g-effiere. Le oonseiller Titus est daecord avec le axrseiller Mott et cit qu'il ne vdt aucxn intent a jouter tie point a I'orcre du jour du Conseil en tant que docu rent public. Le eonseiller Men sauligne que c hagcue conseiller a I'dbligation de suivre Ies n-ctio ns. Le conseiller Snook fait savor qu'il partage le point devue du personnel, a savor qu'il s'agit dun Joan-ent de travail interne et que Bela aug enter2it la charge de travail du personnel. A ('issue du vote, la proposition est rejetee. Le moire ainsi que Ies conseillers Court, Hggins, Men, M ire, Mott, Snook et Titus votent oontre la propositicn. 20 94-377 COMM COLMUCONSOL COMA AL WRCH 30, MM M 30 MARS 2009 11.2 Saint John Vest Business Association Business InprovermnIt Area (Councillor Fanen) 121 Conmon Clerk: Proposed VVkst Slide Business Improvernent Area Cn motion of Councillor Titus Seconded by Councillor Snook RESCLAEDthat Council lift item 11.2 Saint John V\bst Business Association Business Irrprovement Area and item 12.1 Proposed V\bst Side Business Irrproverm t Area from the table. Question being taken, the rrrotion was carried Cn motion of Councillor Faren Seconded by Councillor Hgginrs RESCL\ED that staff prepare and advertise for a public hearing required to create a Business Injxciverrent Area in V\bst Saint John and that this be advertised v~ithin the next 5 \A r ng days. Responding to a question of Council, the C m-on Clerk stated that the estimated cost to advertise this public hearing vmld be appm<irrately $55000.00 and she noted that the advertisements are prepared. The City Nbnager stated that The City of Saint John Planning departrrent indicated that it considered the proposed business irrprovaTBI areas as being overiy large. U. Totten advised that after having rret wth representatives of the V\bst Side Business Association aid suggesting that they reconsider the proposed area, he reocrrnnanded that Cauncil approve the advertising for a Business Irrprovemant Area U. Totten stated that subseqmnt to his recorrrriendation to advertise, he spoke \Mh a Provincial Planner W-o indicated that he vmld riot be rec mm-encing the proposed Business Irrprovemant Area as it was too large. Cn motion of Councillor Sullivan Seconded by Councillor Faren RESCL\/ED that item 11.2 Saint John V\bst Business Association Business Irrprovemant Area be tabled. Question being taken, the rrrotion was camed wth Deputy Nbyor Chase and Councillor Titus voting nary. Cn motion of Councillor Faren Seconded by Councillor Cant RESCL\ED that a representative from the Vest Side Business Association Business Irrproverrent Area be granted the opportunity to appear before Council this evening. Question being taken, the motion vvas carried v& Councillor Titus voting nay. The City Solicitor stated that the process that must be fdlaned if Council is entertaining the establishment of a Business Irrproverrent Area by way of by-law vwuld be to schedule a public hearing. U. Nuigent advised that in order to maintain the integrity of the hearing process, that Council she id only alloNthe representative of the V\bst Side Business Association to speak v& respect to the appropriateness of owtiming v& the advertising U. Boyle of the Vet Side Business Association appeared before Council and responded to a variety of questions from the Council. U. Boyle stated that he is prepared to crake the reconT enclation that Carron proceed v& the advertisement of the proposed Business Irrproven ent Area. Cn motion of Councillor Faren Seconded by Councillor Slullivan RESCL\/EDthat Camcil lift item 11.2 Saint John V\bst BusirressAssociation Business IrrproverrentArea fromthetable. Question being taken, the rrrotion was carried 21 94-378 COMNM COLMUCONSOL COMAVAL MARCH 30, 2009/LE 30 MARS 2009 Cn nmtion of Ca.ndllor Farren Seconded by Ca.ndllor Snook RESCLVED that staff prepare the required advertisement for a pr.blic hearing respecting the proposed Business Irrprover ent Area in V\bst Saint John, and further that this be advertised vvithin the next 2 veeeks. Question being taken, the motion vas carried wth Mayor Court, Deputy Maiyor Chase, Councillors Killen, MoGuire and Titus voting nay. 11.2 Zone damelioration des affaires - Saint John V\bst Business Association (corseil ler Famm) 121 Grefiere c ommu nale : Projet de zone damNioration des affaires dans le quartierV\bst Slide Proposition du conseiller Titus Appuyee par le conseiller Snook RESCLU que le ocnseil saxr ette les points 11.2 Zane damdioration des afFaares -Saint John V\bst Business Association et 12.1 Prcjet de zone da T'dioration des affaares daps le quartier V\bst Side aux fins de discussion. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Fariren Appuyee par le conseiller Higgins RESCLU que le pa sonnel prepare la tenue cruse audience pr.blique eoncerreint la creation dune zone damdioration des affaires dans Saint John Cuest et publie les avis necevssaires dans les 5 prochainsjours auvrables. En reponse a use question du censeil, la greffiere m xnicipaie indique que le coCrt de publication des avis pour oette audience publique est estirre a environ 5 000 $ et elle indique que les avis sal prets. Le directeur general souligne que le service du banisme de The City of Saint John indique que le pr cjet de zones damdioration des affaires est considers omm-e beaumup trop grand. M Totten explique gdaprss avoir renoontrs des representants de la V\bst Side Business Association et leur avdr suggere de restudier la zone proposee, it a recur nrarrds au conseil dapprouver la publication dun avis pax une zone dan-dioration des afFaires. M Totten late que, suite a sa moonT andation de publication dun avis, it s'est entreteru avec un urbaniste provincial, qui a irxique guiil ne rya it pas le projet de zone dan'dioration des affaares, car elle est trop g-ande. Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESCLU que le pant 11.2 Zone dan-dioration des affaares - Sant John V\bst Business Association scit reports. A I'issue du vote, la proposition est aceeptee. Le r-ire suppleant Chase et le conseiller Titus votent oontre la proposition. Proposition du conseiller Fariren Appuyee par le conseiller C curt RESCLU guiun representant de la Zane dan-dioration des afFaares -Scant John V\bst Business Association at ('occasion de se presenter devant le consal oe soir. A I'issue du vote, la proposition est adoptee. Le acnseiller Titus vote oontre la proposition. L'avocat rrr_nicipal irxique que la procedure a suivre si le ocnseil envisage la wise en place dine zone dan'dioration des affaares par arrete est de prevoir une audience publique. M Nugent fait savor gUafin dassurer I'integite de la prooAre relative aux audiences, le conseil doit seulemant autaiser les representants de la V\bst Side Business Association a parler du bien-finds de la paxsuite de la prblication des avis. M Bale de la V\bst Side Business Association se presente devant le ocnseil et repond a un certain norrbre de ses questions. M Boyle indique qu'il est pret a reccimander que le conseil pcursuive la prblication davis concerrnaint le pr* de zone dan'dioration des affaares. 22 94-379 COMM COLMUCONSOL COMA AL MIARCH 30, 2009 M 30 MARS 2009 Proposition dIu conseiller Farren Appuyee par le conseiller Sullivan RESCLU que le Conseil sou r ette le pant 11.2 Zone darrdioration des affaires-Sant John V\bst Business Association aux fins de discussion. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Farren Appuyee par le conseiller Snook RESCLU que le personnel prepare les avis n6cessaires pour une audience publique conoemant le projet de zone dan dioration des affaires clans Saint John Quest et que des avis scent publies cans les dews prod-dries semairres. A I'issue du vote, la proposition est acceptee. Le maire Court, le maire su pplearrt Chase, et les conseillers Nllen, McGuire et Titus votent contre la proposition. 11.3a Council Inquiries to Staff (Councillor Sullivan) 11.3b Protection of Personal Information Act 13.4 Connittee of the VV-de: Relationship with Civic Administration Cn motion of Councillor Titus Seconded by Councillor McGuire RESCL\EDthat item 11.3a Council Inquiries to Staff be lifted from the Table. Question being taken, the motion was carried Cn motion of Councillor Sullivan Seconded by Councillor McGuire RESCL\ED that the 4 senor positions that report directly to Council shall not fail to ensure that staff under their supervision ans w questions for m asters of ComTw Council unless: The infomrrtion would breach the Province of New Buiamc k's Protection of Pawnal Irfomation Act. 2) Gathering the irfamaticn would take significant time way fromthe empl yee's regular duties. In the case of #1 above the particular section of the Protection of Pawnal Inform Lion Pot shall be referenced In the case of exception #2 above, the employee shall refer the matter to his or her senior supervisor. Councillor Mott stated that he feels as though City enplcyees are presently ccrrplying v& Councillor requests for information. Councillor Snook indicated that he does not support this motion as it waald affect the system that is currently in place. Councillor Court stated that he oculd not support the motion as staff has always been helpful to him Councillor Nllen stated that a system already eAsts whereby staff can be held accountable. Question being taken, the nx:tion was defeated v& the Mayor and Caj-dllors Coot, Hggins, Nllen, McGuire, Mott, Snook and Titus voting nay. Referring to a sr bnitted report entitled Relationship v& CivicAchinistration, the Qty Solicitor outlined his legal opinion v& respect to item 11.3a Council Inquiries to Staff. Mr. Nugent stated that in his viewan individual member of Cou>GI does not have authority to depoy the human resources of the Corporation. He noted that the Qty Manager is responsible for the su peNsion and control of the majority of departments and that if individual members of Council were able to deploy the human resources then it could interfere v& the City Manager's duties. 23 CONNCJN CC ILMUcausIBIL C( MAN JAL MARCH 30, 2009/LE 30 MARS 2009 The City Solicitor stated that he did not vent to leave the inpressidn that a Camcillor's every inquiry mast be si bmtted to Council for approval. He irxicated that simlar to a dtizen veho night query a departnmr t head or other senior staff on an aspect of the Otys paides or operations, so might an individual r amber of Couxil. Question being taken, the motion was defeated the Mayor and Councillors Cart, Hggins, Nllen, McGuire, Mott, Snook and Titus voting nay. Cn motion of Ccuricillor Fan-en Seconded by Councillor Court RESCLVED that Caxxal extend its meeting beyond 10:00 p.m Question being taken, the motion was carried v& Councillors NlIen, McGuire, Mott, Sullivan voting nay. 11.3a) Demandes fain lees par le conseil a ('intention du personnel (c onseiller Sullivan) 11.3b) Lai sur la protection ales twneigrnments personnels 13.4 Comte pl6Ner : F;Uation aver I'adninistration nxxricipale Proposition du conseiller Titus Appruyee par le eonseiller McGuire RESGLU que le pant 11.3a Demencles fom-ulees par le censeil a l'irtention du personnel sat saanis auxins de discussion. A Tissue du vote, la preposition est adoptee. Proposition du oonseiller Sullivan Appu* par le eonseiller McGuire RESGLU que les quatre canes superiem relevant directenert du eonseil doivent faire en sate que le personnel sous Ier r respansabilite repcnde a.x questions des n nixes du oonseil oomn nal, a 1'exceptidn des situations suivantes : 1) L'infarnatidn oontrevient a la La surla protection cbs raBdgnerrerts persoannelsde la province du Nouveau-D -&mck. 2) Le rassen blenent de rensagnen ants demxle trop de tenps a I'en oye pendant 1'exerdde de ses fonctions regulieres. Dans le prenier cas susrrertiorne, la section partiouliere de la La surla protection cbs renseigrL-rrerrtspersonnels dot titre dtee. Dans Ie der u ibm cas susnentionr-6, 1'errploye doit rapporter le problem a son superviseur Le oonseiller Mott indique qu'il a l'inpressidn que Ies en oloyes m cipa x repondent actuellement aux denandes crinforTmition du Conseil. Le eonseiller Snook e)#n-e qu'il ne sa,tient pas cette motion, car elle aurait we inddence scr le system actuel. Le eonseiller Court indique qu'il ne peut pas app-W la motion, car it a taajaxs pu conpter su- le personnel. Le conseiller Nllen indique qu'il e-iste d* un system par l'intempdiaire dugr el le personnel peut titretenu respcnsable. A ('issue du vote, la proposition est rejetee. Le noire ainsi que Ies conseillers Cart, Hggins, Nllen, McGuire, Mott, Smock et Titus votent oontre la preposition. Faasart reference a un rapport scx-ms et traatant des relations avec I'adninistration mmicipale, I'avocat mmicipal pr6se to son avisjuidque eoncemant le pant 11.3a Demndes fonnlees par le Conseil a ('intention du personnel. M. Nugent indique que, a son avis, un nenbre du Conseil n'a pas individuellemrt I'autoite pour rnculiser Ies ressaarces hurraines de la Corporation. 11 fait rffTw uer que le directeur general est 24 94-381 COMMON COLMUCONSOL CORM A AL MARCH 30, 2009 M 30 MARS 2009 responsable de la supervision et du contrde cL- la plupart des services et que, si des mmn- gyres du ocnrsdl pouvaient individuellem l rrobiliser les ressources h "rtes, vela pourait aTIcieter su' les taches du drecteur general. L'avocat m,nidpal precise gUil ne souhaite pas donr>en I'irrpression que chaque denands- dui conseiller dot titre sournse au Conseil pour approbation. II indique gUun conseiller peut faire la n,&m chose gUuh citoyen qui interroge uh chef de service ou tout autre personnel de gestion caxsT ant un aspect des pditiques ou operations de la We. A I'issue du vote, la proposition est r0etee. Le moire ainsi que les censeillers Court, Hgginrs, Killen, McGuire, Mott, Snook et Titus votent oantre la proposition. Proposition du conseiller Farren Appuyee par le censeiller Court RESCLU que oette seance du oonsal sat prdahgee a KWa de 22 h. A I'issue du vote, la proposition est adoptee. Les cxhseillers Killen, McGuire, Mott et Sullivan votent oahtre la proposition. 11.4 Rockwood Park Advisory Board (Councillor NGllen) Cn motion of Caxhoallor Killen Seconded by Councillor McGuire RESCL\/EDthat Ca oil seek input from the Rodwood ParkAdvisory Board Whenever Caml is considering decisions affecting the pak Question being taken, the action was carried 11.4 Conseil consu tatif du parc Rockvwod (canseiller N ilen) Proposition du conseiller Killen Appcyee par le censeiller McGuire RESCLU que le Conseil odlabore avec le Conseil censultatif du parc Rxk&ood chaque fois qu'iI prend des decisions camemant le parc. A I'issue du vote, la proposition est adoptee. 11.5 Su mary of Notions (Councillor Sullivan) Cn motion of Councillor Sullivan Seconded by Ca,ncillor Court RESCL\ED that the subn itted chart of motions dated March 25, 2009 be received for irfomrition. Question being taken, the mmtion was camed v& Councillors &x& and Titus voting nay. 11.5 Wsunhe des motions (c onseiller Sullivan) Proposition du conseiller Sullivan Appuyee par le ocnseiller Court RESCLU que le recueil des motions date du 25 rears 2009 sat accepte a titre infomhatif. A I'issue du vote, la proposition est adoptee. Les cahseillers Snook et Titus votent contre la proposition. 12 Business Matters - Municipal Officers 121 Cormnan Clerk: Proposed VV:mA Slide Business Improvenrerrt Area See item 11.2 25 94-382 CONMJIV COLMUCONSOL COMAVAL MARCH 30, 2009/LE 30 MARS 2009 12 Affaires nwicipales evoqu6es par lesfonctionnaires nxxricipaux 121 Greffiere c omm hale : Proiet de zone damelioration des affaires dans le quartierV\bst Slide Var le pant nurrero 11.2. 122 Wrter On-Street Paridng and the Depositing of Snow and Ice on Streets and Sidemilks - W-LawArrrendments Consideration was given to a submitted report from the City Sdidtor entitled VVnter - t-Street Parking and the Depositing of 13mwand Ice on Streets and SlcleAks - B~Law Amendments. Cn motion of Deputy Moyor Chase Seccnded by Councillor McGuire RESCLVED that a by-laN entitled " A Lawto Arrend a B)~-Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of the Motor Vehide Act 1973, and Arrendmmnts Theretd' an ended as films: deleting Section 20; anmrrdled Section 5 by adding 5(9)(a) and 5(9)(b); Repealing Section 26 and replacing it v& Section 26(1),26(2), 26(3), 26(3)(b), be read a first time. Question being taken, the motion w?s carried Read a first time by title, the by-laNentitled "A LaNtoAn-end a B)~-Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of the Motor Vehide Act 1973, and Amandmmnts Theretd' Cn motion of Cbundllor Fan-en Seconded byCou dllorShcivan RESCLVED that a by-laN entitled " A Lawto Arrend a B)~-Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of the Motor Vehide Act 1973, and Arrendmmnts Theretd' an ended as films: deleting Section 20; anmrded Section 5 by adding 5(9)(a) and 5(9)(b); Repealing Section 26 and replacing it v& Section 26(1),26(2), 26(3), 26(3)(b), be read a seoond time. Question being taken, the motion w?s carried Read a second time by title, the by-laNentitled "A LaNto Amend a B)~-Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of the Motor Vehide Act 1973, and Amandmmnts Theretd' 122 Modifications de I'aritte concemart le stabonnenrerrt sur la rue en liver et I'acc iu rUation de neige et de glace sur les nm et les trotters Examen dun rapport presente par I'avocat mmidpal intitule Modifications de I'arete ccnosmant le stationnement su- la nee en hiver et I'aca rn lation de neige et de glaoe su- les rues et les trotters. Proposition du mire %Wbant Chase Appuiyee par le eonseiller McGuire RESCLU que I'arete intitule «AT61:6 nacifiant I'arete rdatif a la dra.lation dens les mLas de The City of Saint John edicte en vertu de la Loi surles vehcu/esa mrteur(1973) et modifications afferentes» modifie oon7m suit : suppression de I'artide 20; modification de I'artide 5 par I'lout des alineas 5(9)a) et 5(9)b); abrogation de I'artide 26 et son remplaoen'ent par les paragreaphes 26(1), 26(2) et 26(3), ainsi que I'alinea 26(3)b), fasse I'otW dune premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule «Arrete mrxifiant I'arete relatif a la dra.lation dans les rues de The City of Saint John edicte en vertu de la La surles vehiales a rrrteur (1973) et modifications afferertes 26 94-383 COMM COLMUCONSOL COMML WRCH 30, 200 IM 30 MARS 2009 Proposition du conseiller Farren Appu yee par le conseiller Shcivan RESCLU que I'arrete intitu,ie «Arrete rrodifiant I'arr6te rdatif a la circulation clans Ies rues de The City of Saint John edicte en vertu de Ia La surles v6hiales a rrrteur (1973) et mdfications afferentes» modifie cm7m suit : suppression cle I'article 20; modification cle I'article 5 par I'aja,t des alineas 5(9)a) et 5(9)b); abrogation cle I'article 26 et son renplacen a rt par les paragrephes 26(1), 26(2) et 26(3), ainsi que I'alinea 23(3)b), fasse I'objet duce deLDdene lecture. A Tissue clu vote, la proposition est adoptee. DewAerm lecture par titre cle I'arrete intitule «Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu cle la La surles idles a rrrteur (1973) et modifications of tames 122 A By--Lawto A rand a W-LawFaelating to the Public Streets in The city of Saint John and to Prevent Certain Nuisances in the Said city. Cn motion of Camcillor Farren Seconded by Camcillor Court RESCL\EDthat a by-ladventitled "A B)~-Lauvto Arrand a B)~-Lauv Relating to the Public Streets in the City of Saint John and to Prevent Certain Nuisames in the Said City' a TBnded as fdlos: deleting Section 1 and replacing it 1(a) and 1(b); adding sections 30.1 and 30.2 irrmediately after Section 30, be read afirst tine. Question being taken, the motion was carried Read a first time by title, the by-lawentitled A By-Lauvto Ana-d a By-Lauv Relating to the Public Streets in the City of Saint Jehn and to Prevent Certain Nuisances in the Said aty, Cn motion of Camcillor Farren Seconded by Cou cillor Snook RESCL\EDthat a by-ladventitled "A B)~-Lauvto Arrand a B)~-Lauv Relating to the Public Streets in the City of Saint John and to Prevent Certain Nuisances in the Said aty' deleting Section 1 and replacing it 1(a) and 1(b); addng sections 30.1 and 30.2 in nn?diately after Section 30, be read a second time. Question being taken, the motion was carried Read a second time by title, the by-ladventitled "A By-LaNto Amand a By-LaN Relating to the Public Streets in the City of Saint Jehn and to Pre/ant Certain Nuisances in the Said aty' 12.2 Aa to mocifrant I'anete visarrt a reglemanter I'utilisation des naes publiques et a enpecher oertaines nuisances dans The City of Saint John Proposition du conseiller Farren Appuyee par le conseiller Cart RESCLU que I'arrete intituie «Arrete rrodifiant I'arrete visant a r6glen-enter I'utilisation des rues publiques et a aTpkt-" oertaines nuisances daps The City of Saint John rrodfie oomne suit : suppression de I'article 1 et son rerrplacem ent par les alineas 1a) et 1b); et ajout des paragraphes 30.1 et 30.2 a la suite cle I'article 30, fasse I'o" dune preniere lecture. A Tissue clu vote, la proposition est adoptee. Preniere lecture par titre cle I'arrdte intitule «Arrete modifiant I'arrdte visant a reglemanter I'utilisation des rues publiques et a a pkt-" certaines nuisances dans The City of Saint John Proposition clu eonseiller Farren Appu yee par le conseiller Snoek RESCLU que I'arrete intitule «Arrete rr0difiant I'arr6te visant a r6glen-e rater I'utilisation des rues publiques et a aTpkt-" oertaines nuisances daps The City of Saint John avec la suppression cle I'article 1 et son 27 CONNCJN CC ILMUcausIBIL C( MAN JAL MARCH 30, 2009/LE 30 MARS 2009 rerrplacement par les ailineas 1a) et 1b); et I-ajout des paragraphes 30.1 et 30.2 a la suite de I'article 30, fasse I'otzjet cruse cleuuderre lecture. A Tissue clu vote, la proposition est adoptee. DeuuAerre lecture par titre cle I'arete intitule «Arrete nmdifiant I'arrete visant a reglemanter I'utilisation des rues publiques et a errp&f" certaines nuisances clans The City of Saint John 123 Letter of Agreernent -Grants for Subsicized or Low 4ncome Housing Cn motion of Councillor Fan-en Seconded by Councillor Snook RESOLVED that the Nbyor and Corrrmrcn aerk are hereby authorized to execute an agreement in substance as submitted to Comm Council by the City Solicitor in corrrespondenCe of March 25, 2009, on each occasion that a non-profit corporation accepts the terms upon v&hich the aty is prepared to m*e a grant for the purpose of supporting the construction of subsidized or IoN income housing Question being taken, the motion was carried 123 Lettre dentente relative aux sbmItions pour les logerrrents a toyer modere ou subventionnes Proposition du conseiller Farren Appuyee par le conseiller Snook RESCLU que le mire et la gref6ere comminale scent autonses a executer use entente en substance telle gUelle a ete presentee au Conseil co urinal par I'avocat nwidpal clans la lettre du 25 mars 2009, chaque fes qu'une soubte sans but lucratif accepte les conditions au xquelles la Mlle est cisposee a accorder we subvention clans le but de souterrr la Construction de logerrents a loyer rrodere ou subventionn6s. A Tissue du vote, la proposition est adoptee. 124 V\inter Management Ran for Sheets and Stidemdks Cn motion of Caxrdllor Titus Seconded by Councillor Shook RESCLVED that item 12.4 VVnter Nbnagerrent Ran for Streets and Sld&Aks be tabled until April 144, 2009 and be added as the first item on the agenda. Question being taken, the motion was carried 124 Ran de gestion hivemal pour les rues et les trottoirs Preposition du conseiller Titus Appuyee par le conseiller Snook RESCLU que le pant 12.4 Ran de gestion hivernal pax les rues et les trotters set reporte au 14 avril 2009 et set 4oate came prenier part cle l'ordre du jour A Tissue du vote, la proposition est adoptee. 125 Saint John Harbour Clean-Up Program Cn motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recorrrrBided by the City Nbnager, Camrnoln Candl provide approval for funding of the entire Harbour aean-Up Program identified on the submitted spreadsheet, and further that staff be permitted to interdiarW individLd projects bet%een the four rrein blocks of projects as necessary to maintain the overall collection and p-Ong scfam cn schedule. Question being taken, the motion was carried 28 94-385 COMM COLMUCONSOL CON LA AL WRCH 30, 20MLE 30 MARS 2009 125 Progran n relatif aux travaux de nettoyage du port de Saint John Proposition du conseiller Titus Appcyee par le conseiller Mire RESCLU que, carne le recorrande le directeu- gbnbral, le eonseil oorrrunal appraAe lefineirre ent cle I'enserrble du Programre relatif aux travaux cle nettoyage du port cle Saint John expose clans la feuille cle cala.l presentee, et que le personnel sat autorise a permater les prgets individuels entre les quatre blocs cle prgets prindpaux si neeessaire afin que le plan general cle odlecte et cle pcr page se dercule clans les temps. A Tissue du vote, la proposition est adoptee. 126 Simms Comer Phase I - Fairvil le Boulevard from Cather wood Street to Lancaster Mall Entrance Cn motion of Ca.mcillor McGuire Seconded by Caxncillor Titus RESCUED that as recorrmencled by the City Menage-, Common Council: 1) Approve the a4ustrrent of the 2008 General Fund Capital Program as outlined in the submitted report to permit the 9m rs Corner Phase 1 prgect to proceed; 2) Approve the addition of $90,000 to the overall Capital Budget envelope for the Vote- & Scanerage Utility Fund in 2009 for the adcitional FainAlle Boulevard w tem-dn Project; 3) Authorize staff to proceed with the tendering process for the SlmT s Caner - Phase I: FainAlle Boulevard from Catheveoocl Street to Lancaster Melt entrance prgect. Question being taken, the motion was carried. 126 Phase 1 du coin Sinn : boulevard Fairvil le - de la rue Cather wood a I'entree du centre conrnercial Lancaster Proposition du canseiller IVbGJre Appuyee par le conseiller Titus RESCLU que, oom a le recorrnande le directeu- general, le conseil oorrrunal: 1) appro rve le rAustennent du programme crirrnr Icilisations du fonds dada irrstration pour 2008, cmm-e l'indique le rapport scums, afin cle pemnettre la pa,rsuite du prget de Rime 1 du can S n7m, 2) appra rve I'4o ut cle 90 000 $ a I'enveloppe globale du budget dinTTr bilisatio ns relative au fonds du reseau dag eduic et degcuts pour 2009 pour le projet supplemBntaire de eonduite Beau principale du boulevard Farville; 3) autorise les errployes a prooecler au processes dappel doffres pour le p rjet Phase 1 du oan SlmTs : boulevard FainAlle-de la rue Cether~ a 1'entreedu centre co Tr dal Lancaster. A Tissue du vote, la proposition est adoptee. 127 Land Acquisition - Harbour Clean Up- Exclucling Thome Avenue Lift Station #4 Cn motion of Caxncillor Court Seconded by Cancillor Snook RESCUED that as recormmi-ided by the City Menager, Corrnlon Council adopt thefdloWng resdution: 1) Resolved that it is the o0ective of The City of Saint John to oanstruct the rerreeinder of the Harbour Clean Up Prgect, being the 22 smff lift stations listed on Table 5.1 in the submttecl report together v& the associated force mums and gravity se,ners W ich shall fdIaNganerally the alignment set out on the overall plan prepared by CBCL Limted, a copy of %hch was subrritted with MSC 2007-060. 29 CONNCJN CC ILMUcausIBIL C( MAN JAL MARCH 30, 2009/LE 30 MARS 2009 2) Be it further resolved that: (a) The City Solicitor or his designate be authorized to c onTrenoa and proceed v& the expropriation process to acquire access and title to the lards, excepting those lands awed by the Provincial or Federal Cron, required to pern it the constriction and operation of the ramnder of the Harbour Clean Up FYgect along the alignrrent shauh generally on the plan prepared by CBCL Limited, a copy of Mich was submitted v& NW 2007-060; and further (b) am m Couxil hereby appoint each of CBCJL Limited and Crandall Engineering Ltd -engineering, surveying, design, prgect nwegerneht, environmental pffnitting vx* deStedherAppraisal Ltd. -appraisal services; Nestead, Quigley& Roberts Ltd. surveying, line outtinng Hughes Suveys & Consultants-surveying, line cutting; Conquest Engineering Ltd. -geotechrical analysis and reporting; V\8SGene-al Contractors - environmental sal investigation if required, the City s agents to make surveys, take levels, and make such borings, sink such trial pits or conduct such other tests as are necessary to ascertain suitability of the lands to be expropriated for the construction and operation of the reminder of the Harbour Clean Up Project; and (c) Comhnorr Ca ml her~ authorize entry by its erployees and by its said agents upon the lands to be expropriated for the construction and operation of the ramnder of the Harbour Clean Up Project. 3) Be it further resolved that: (a) The Nbyor and Comlon Clerk be authorized to execute a Notice of Bhtry pursuant to the provisions of the Expropriation Act, Chapter E-14, RSNB 1973 and avendhiehts thereto and the Regulations thereunder v& respect to each property on Mich ramnder of the Harbour Clean Up Prqect shall be located and through Mich the associated force mains and ga Aty smff shall run, such notice to advise that the City, its employees and its narred agents intend to enter upon the properties in question corrmcencing not earlier than Nby 01, 2009, and continuing as necessary but in no event later than June 30, 2010 for the purpose of conducting activity to cletemine the suitability of the lands for the purposes of the remainder of the h atwr Clean Up Prged; and (b) The City Solicitor or his designate arrange that such Notice of Bhtry be given in accordance v& the requirements of the Expropriation Act. 4) Be it further resolved that the City Nbnager be directed to proceed to negotiate the acquisition by agreement, all land interests required in connection v& the proposed ramnder of the Harbour Clem Up Prqect to a im>dmum of 1250/oof appraised values. Question being taken, the motion w?s carried 127 Acquisition fonciere, a I'excepfion de la station de relevenrerrt n° 4 de I'avenue Thorne, dans le cadre du nettoyage du pat Proposition du conseiller Court Appuyee par le conseiller Snook RESCLU QUE, comye le recomhrancte le drecteur general, le conseil ocmrunal approve la resolution suivahte : 1) Resolu que I'objectif de The City of Saint John est de oenstrure, dans le cadre de I'achevennelt du pro de nnettoyage du port, les 22 stations de relevemrrnt des eaux usees reperton6es clans le tableau 5.1 du rapport presente ainnsi que les conduites de refoulement et les egcuts oollecteus eonnexes, qui dcivent globalaTBI suivre I'alignement cUni clans le plan general prepare pa CBCL Limited, dcnht une eopie a ete presentee aver le oonhtrat n° IVI✓ 2007-060. 2) II est de plus resolu que : a) I'avocat mridpal ou son represehtaht sat autaise a entar>?r et a pa,rsuivre le processus dexpropriation en vue dacq,&r I'acoes aux biehsrfonds et le titre de ees denies (a I'exdusion des biehsrfonds appartehant a la Couron ne promnndale ou federate) exiges efin deffect" les travaux de construction et I'expldtation clans le cadre de I'achevennelt du pro de nettoyage du port, selon I'aligrehmnt ddimite de maniere generale sur le plan d-esse pa CBCL Limited, dcnnt une ccoe a ete presentee avec le ocnhtrat n° IVI✓ 2007-060; 30 94-387 COMM COLMUCONSOL COMML WRCH 30, 20MIM 30 MARS 2009 b) le eonsal conmtnal nomre, par les presentes, dium des entrelonses sr, times pax effectuer les travaux oorrespondants : Crandall Engineering Ltd. -ingeniene, arpentage, caxoeption, gestion de prget, services de natr re environnementale en matiere de pemis de travail; cleStedher Appraisal Ltd -services devaluation; Nerstead, Quigley & Roberts Ltd. -arpentage et c1dxc ussaillage de corridors; Hughes Surveys & Consultants -arpentage et dd aassaillage de oomclors; Conquest Bnineenrig Ltd. - analyse geotechnique et production de rapports; VAS Gene-al Contractors Ltd. - evaluation ehvirorr anentale de la reconnaissance du sot et s'il y a lieu les rrendataires cle la Ville, pour lever les plans darpentage, relever les riveaux, executer les forages, creuser les fosses dessai au effect" taut autre essai necessaire pour detennner la oonvehanee des bier-&fonds devant titre expro 6s aux fins de la mnstruction et de I'e)loitation clans le cadre de I'adhOve T31 du przo de nettoyage du port; c) le ocnseil eon m-d autonse par les presentes ses errployes et ses representants susmentiornes a lo&6trer sur les bia-&fonds preaus aux fins dexpropriation, en vlue de la construction et de 1'exploitation clans le cadre de I'adh vement du projet de nettoyage du port. 3) II est de plus resolu que : a) le moire et la greffiere cmTxxrale scent autorises a signer I'Avis dintention de penetrer sur un bien-fonds, en vertu de la Ld scr 1'expropriation, chapitre E-14, L R N.- B., 1973, et des modifications et des reglernxrts y afferents, relativement a chaoun des bie -&fonds sur Iesquels I'acheven ent du prget de nettoyage du port clot av dr lieu et au travers clesquels Ies oenduites de refoulanent et Ies egauts odlecteu s connexes serort traces, tel av is decant indiquer que la Ville, ses errployes et ses mancbtaires designer ont l'intention de penetrer sur les bia-&fonds en question, a ocnTte- du le' mei 2009, et oe, jusgJau 30jun 2010, au plus tard, dens le but deffectuer des travaux en vue de determner la oonvehanee des bier-&fonds aux fins de I'achevament du prget de nettoyage du port; b) I'av ocat nmapal au son represehtant s'assure que I'Ams dintehtion de penetre- sat delivre corfomtmmnt aux exigences prevnues par la Ld sur 1'e)qxopdaition. 4) II est de plus resolu que le directeur general sat charge de proceder aux negociations en vlue dobtenir le cahsentemeht des parties visant I'aoquisition des intents in7mbiliers exiges relativetTal a I'adhevement du projet de nettoyage du port, jusgcla une some n-emn de represehtarht 125 %du montant de la valeur estinhative. A Tissue du vote, la proposition est adoptee. 128 HBL Rentals Inc. to 6 Cranston Avenue-Enaoachrrrent of Bdt Structure Cn motion of Deputy Nbya Chase Seconded by Councillor Nlleh RESCL\ED that item 12.8 HBL Rentals Inc. to 6 Cranston Avenue- Bhcroadhrml of Exit StructLre be referred to the City Nbnager for a recorm-endation and report. Question being taken, the ruction v es camed \Mh Councillor Titus voting nay. 128 De HBL Reentals I nc. au 6, avenue Cranston - En 06tement de la structure de sortie Proposition du n-dre suppleant Chase Appcyee par le conseiller Nllen RESCLU QUE le pant 12.8 De HBL Rentals Inc. au 6, avenue Cranston - En p kerrent de la stmcbu a de sortie sat transnis au cirecteur general en vine de la presentation An rapport et dune reconTnandation. A ('issue du vote, la proposition est adoptee. Le canseiller Titus vote ocntre la proposition 31 CC IMMCIN CC ILMUcausIBIt_ C( MAN JAL MARCH 30, 2009/LE 30 MARS 2009 13. Committee Reports 13.1 Appointments to Camittees Cn n-otion of Ca.mcillor Sullivan Seconded by Councillor Nllen RESCLVED that as recormmnded by the Corrrrittee of the V\rde, having mat on March 16, 2009, Carol crakes the fdlowng appointment: Jews Canada Games: to appoint Alex Coffin for a three year term from March 30, 2009 to March 30, 2012. Question being taken, the motion was carried 13. Rapports deposers par les corrites 13.1 Nominations pour sieges awc conites Proposition du oonseiller Sullivan Appuyee par le conseiller Nllen RESCLU que, eorrnia le recorrrrarxle le Comte plenier, s'etant reuii le 16 rrers 2009, le Conseil approuve les nominations suvamtes : Saint John Jews Canada Games Fouidaition : Que Alex Coffin sat no m b pour un manclat de trois ans allant du 30 mgrs 2009 au 30 rrers 2012 A Tissue du vote, la proposition est adoptee. 13.2 Ban on Smoking in Motor Vehides with Children Cn motion of Camcillor Court Seconded by Camcillor Snook RESCLVED that Ca ndl supports the concept of a by-laN, preferably provincial, banning the practice of srrdl ng in rretor vehides v& children and minors present; and further that this concept be presented to the Cities of NEw l3r nsWck Association for its support in favordirg it to the Provirice of NEw Bins ck Question being taken, the motion w?s carried 13.2 Interciction de tabagisme dans les vd icx ies transportanrt des enfants Proposition du eonseiller Court Appuyee par le conseiller Snook RESCLU quo le Conseil appue I'idee dun arrete, de preference provincial, interdisamt le tabagisme dams les vehia.les as se trouvent des enfants et des adolescents mneurs; et de plus quo oette idee sat presentee a I'Association des cites du Nouveau-B unsWck pax obterir son soutien afin clef dle sat transrrise a la province du NcuveaxkBt -&mc . A Tissue du vote, la proposition est adoptee. 13.3 Pied Plaza Project - Engagement of Precessional Services Cn n- Lion of Camcillor McGuire Seconded by Councillor Titus RESCLVED that Corrrnon Council authorize the engagen ent of Delatte & Taiche for the rrwdm m fee of $46,000 plus expenses for the preparation of facility mmnagament specifications for the Police Headquarters; and Glern Group for its professional services for the preparation of landscape perfornmrrce specifications, in the amount of $10,330 for the Public Plaza eonp ral of the Peel Plaza Project. voting nay. Question being taken, the motion w?s carried v& Camcillor Hggins 32 94-389 COMM COLMUCONSOL CON ILA AL WRCH 30, 2009 M 30 MARS 2009 13.3 Projet de la place Fbel - Fbcous a des services professiornels Proposition du connseiller Moire Appuyee par le conseiller Titus RESCLU que le Conseil c ommnal autcdse le reccurs a 1'entreprise Deloitte & Toucine pour des frais rra)dm xrs s!devant a 46 000 $ Pus depenses pour prepare Ies spedfications cle la gestion des installations relatives au quartier general du service cle police, et a 1'entreprise Glenn Group pour ses services professiannels afin cle prepare Ies specifications relatives au re clerrient cle 1'ann6nagemmnt paysager, pour un montant cle 10 380 $ pour la place publique clans le cadre du prget cle la place Peel. A ('issue clu vote, la proposition est adoptee. La conseillere Hggins vote oc ntre la proposition 14. Consideration of Issues Separated from Consent Agenda 14.1 Update on Container Rrxyding for City Facilities Cn motion of Councillor Sullivan Seconded by Councillor Farrel RESCUED that Ca ndl reject the subrritted report entitled Update on Container Recycling for City Facilities. Councillor Sullivan corrnented that the erroneous report stated that staff ves asked to investigate the possibility of developing a container recycling program at City Facilities noting that the original resolution directed staff to irrplennent a program Question being taken, the mmtion ves defeated \t& the Maya, the Deputy Mayor and Councillors Court, Hggins, Nllen, McGdre, Mott, Snook Titus voting nay. Cn motion of Councillor Titus Seconded by Canncillor McGuire RESCUED that report entitled Update on Container Recycling for City Facilities be received for information. voting nay. Question being taken, the rrrction ves camel \t& Councillor Sullivan 14. nude des sujets ecartes des questions sounises a I'approbation du conseil 14.1 Mse a jour relative au recydage des recipients pour les installations de la Mille Proposition du oonseiller Sullivan Appcyee par le ocnseiller Fanren RESCLU que le ocnseil roette le rapport presenter intitule Mse ti jour relative au recydage des recipients pour Ies installations de la Mlle. Le conseiller Sullivan indique clue le rapport 6L-bit cle fagon enronee qu'il a ete dmmrde au personnel de)lorer la possibilite ddabore un program -e cle recydage des recipients clans les installations de la Mlle, notant que la resolution oiginale stipulait au personnel cle rrettre en ceuvre un prograrrrre. A ('issue du vote, la proposition est roetee. Le mire, le n-dre adjoint ainsi que Ies ocnseillers Court, Hggins, Kn11en, McGuire, Mott, Snook et Titus votent contre la proposition Proposition du conseiller Titus Appuyee par le conseille McGuire RESCLU que le rapport intitule Mse ti jour relative au recydage des recipients pour Ies installations cle la Mlle sat accepter a titre inforrratif. A ('issue du vote, la proposition est adoptee. Le canseille Sullivan vote contre la proposition 33 94-390 COMNM COLMUCONSOL COMAVAL MARCH 30, 2009/LE 30 MARS 2009 13.5 Conrrittee of the Wide: Management / Professional Pay Scale Cn motion of C uridllor Titus Seconded by C uridllor Court RESOLVED that as recorrrrBided by the Cdr rnittee of the Wide, Council freeze the Management / Professional pay scale for 2009 and 2010. Question being taken, the motion was carried 13.5 Comte planer : bJ-dle de remxieration des cadres et des m mixes des professions Iiberales Proposition du oonseiller Titus Appuyee par le conseiller Court RESOLU que, come le reconmmncle le ocn ite planer, le conseil coma anal gale 1'6c[-elle de remunbraition des cadres et des mmnb-es des professions Iiberailes pax Ies amees 2009 et 2010. A Tissue du vote, la proposition est adoptee. 13.6 Comr ittee of the Wide: L Fbmw ing Falls Fdestauarrt Demand for Arbitration Cn n-otion of Ca.ndllor Titus Seconded by Ca.ndllor Court RESCLVED that as recammr>ded by the Cd:rrnittee of the VV-de, VVIlard Jenkins is hereby appointed the Citys nominee to an Arbitration Board under the terms of a Lease between the City as Lessor and 056975 N. B. Ltd as Lessee. Question being taken, the motion was carried 13.6 Comte planer : Demande d'arbitrage c onoernant le bail du restauarrt aux dxates reversibles Fbversing Falls Pastauarrt Proposition du oonseiller Titus Appuyee par le conseiller Court RESCLU que, come le reconmmncle le ocn ite planer, VVIlard Jenkins sit r>omb, par Ies presentes, candidat de la Mlle pour si6ger au croseil darbitrage en vertu des conditions dun bail entre la Mlle en tant que bailleur et 056975 N B. Ltd. en tant que Iocataire. A Tissue du vote, la proposition est adoptee. 13.7 Connittee of the Wide: Appointment to Committees (Councillor Titus, the City Solicitor, the City Nbnager, and the Cam issioner of Finance \t&dreNfrom the n eeting) Cn motion of Councillor Nllen Seconded by Councillor McGuire RESCLVEDthat Ca ndl rescind the fdloWng motion passed at the meeting of DecaTber 1, 2006: "RESOLVED that Comm Council form a c mmttee consisting of the Mayor and tm Councillors for the purpose of providing a recommendation to Council respecting the engagensnt of outside legal counsel to address the feasibility of proceeding to a public inquiry of the pension plan under ax Citys loslation" Question being taken, the motion was carried Wth Councillors Farren and Sullivan voting nay. Cn motion of Councillor Nllen Seconded by Caxxillor McGuire RESCLVED that Council is satisfied that an external investigatioryinquiry of the City of Saint John Pension Ran is not required at this tines. 34 94-M COMM COLMUCONSOL CON LA AL WRCH 30, XWL.E 30 MARS 2009 Councillor Fanen stated that he believes that Cou-dl should consider an external investigation into the City of Saint John Pension Ran. He noted that he has questions relating to the pension plan that rernain unanswered. Question being taken, the notion was camed \t& Councillors Farren and Sullivan voting nay. Cn motion of Councillor Shook Seconded by Councillor McGuire RESCL\ED that as remmEn ted by the Corrrrittee of the VV-de, having rret earlier this evening, Oxncil crakes the fdlowing appcirtmants: Saint John Board of Police Camissianers: to re-appoint David Enmrson for a three year term from May 24, 2009 to May 24, 2012 Saint John Free Public Library: to re-appart Patricia Chisholmfor a three year term from March 30, 2009 to March 30, 2012. Question being taken, the notion was carried Cn motion of Couxallor Shook Seconded by Couxallor McGuire RESCL\ED that Couxallor Farren's update on the Fort LaTour Developrrent Authority and Couxallor Hggins update on Pro Kids be tabled until the next rreeting of Council. Question being taken, the notion was carried (Councillor Titus, the City Solicitor, the City ManW, and the Corrrrissioner of Finance re-entered the rreeting) 13.7 Corrite piaiier : Norrinalions pour sieger aux conites (Le oonseiller Titus, I'avocat mmicipai, le drecteur general et le oorrrrissaure aux finances quttent la Anion) Proposition du oonseiller Nllen Appryee par le conseiller McGuire RESCLU que le Conseil arr Lie la motion suivante adoptee lors de la seance du Conseil du 1' dire 2008: RESOLU que le oonseil omT nal cree un Conite oanstitue du rreire et de deux ouiseillers afin de fcumir une motion au Conseil ooncernant 1'engagenent de ouiseillersjuridiques independants pour etudiier la possibilite de proceder a une enquete publique su- le regirre de retraite oa fant ent aux dispositions Iegslatives de notee Ville. » A Tissue du vote, la proposition est acoeptee. Les conseillers Fan-en et Sullivan vdtent ccrtre la proposition. Proposition du oonseiller Nllen Appuyee par le conseiller McGuire RESCLU que le Conseil corment gdune recherche de renseignenents ou erxoe extenne relative au regirre de retraite de The City of Saint John nest pas neoessaire a 1'heure aduelle. Le conseiller Farren indique cpson avis, le Conseil demait envisager we enquete exteme relative au r-6girre de retraite de The City cif Saint John. II note gdil a toujcurs des questions caxareint le r-6girre de retraite qu restent sans repcnse. A ('issue du vote, la proposition est acoeptee. Les conselllers Fan-en et Sullivan vatent oortre la proposition. 35 94-392 COMMON COLUCIL/CONSOL COMAVAL MARCH 30, 2009/LE 30 MARS 2009 Proposition du conseiller Snook Appu* par le conseiller McGLire RESC1_U que, corrrm le recarrrrar ide le Conte plenier, s'etant reuii plus tot en scree, le conseil prooede aux norrinations sdivantes : Bureau des conT issaires de la police de Saint John : C.ie David Errerson sct rcrrn>b de nouveau pour ui rrandat de tres ans allart du 24 rrai 2009 aU 24 rrai 2012. Bibliotli6que publique de Saint John : Oje Patrida Chisholm scit nomTbee de ncweau pour un rrandat de tres ans allant du 30 rrars 2009 au 30 am 2012. A I'issue du vote, la proposition est adoptee. Proposition du conseiller Snook Appuyee par le eonseiller McG ire RESCLU que la rise ajar du conseiller Farren oax ernant le Conte pax la rise en valeu- de Fat LaTour et la rise ajour de la conseillere Hggins camernant Pro Nds scent reporteesjusqu'a la prochaine seance du ocnnseil. A I'issue du vote, la proposition est adoptee. (Le eonseiller Titus, I'avocat m nidpal, le drecteur general et le eonT issaire aux finances sont de nouveau presents a la reuicn.) 15. General Correspondence 15.1 Fundy Bay Festival F lequest for Furdrig The City Manager stated that the Fundy Bay Festival is requesting funding in the amount of $10 000.00 from The City of Saint John and he advised that the City has already CaT7ritted $5000.00. Responding to a question of Caxxil, the Clerk advised that Fundy Bay Festival will be sdieduled to present Ca ml at a later date as per Ca ndl's resolution in item 5.7 of this evenings consent agenda. 15. Correspondance generale 15.1 Deniande de subvention presentee par Fundy Bay Festival Inc. Le directeur general etablit que Purdy Bay Festival Inc. derr ende a The City of Saint John ui fina merr ent a hauteur de 10 000 $ et it dque que la Mlle s'est deja erg a verser 5 000 En reponse a uie question du Conseil, la geffiere irdque que Fundy Bay Festival Inc dat faire une presentation au Conseil a une date dlterieure selon la resolution du Conseil etablie au pant 5.7 des questions scunises a I'approbation du Conseil de la seance de oe scir. 16. Adjournment The Mayor declared the meeting adjourned 11:00 p. m 16. Levee de la seance Le mare dedare que la seance est lee a 23 h Maya/n-bre Corrnron C1erWgeffiere oomYUrrale 36 City of Saint John: Environment Committee April 22, 2009 Mayor Ivan Court & Members of Common Council City of Saint John Your Worship and Councillors Subject: Citv of Saint John Environment Awards, Environment Week in Canada is June 1-7 and Clean Air Day is June 3`. For more than thirty years, Canadian Environment Week has been held the first week of June each year to coincide with World Environment Day, proclaimed by the United Nations in 1972 and celebrated on June 5. Clean Air Day is a celebration of environmentally-friendly activities that promote clean air and good health across Canada. It is a great opportunity to make environmentally-friendly lifestyle choices, and you can make your commitment to improving air quality by participating in activities organized in your community. For further information: Y Clean Air Day htto://www.ec.ac.ca/cleanair-airour/Clean Air Dav-WSB59A4A5F-1 En.htm ; htto:✓/www.cleanairdav.com✓ Y World Environment Day httc)://www.uneo.ora/wed/2007/enalish/ Y Environment Week htto://www.ec.oc.ca✓e-week/index e.htm Y National Commuter Challenge htto://www.commuterchallenae-ca/enalish/index.aro During Environment Week, the Environment Committee in conjunction with Saint John Common Council present awards to individuals, groups, schools and businesses that, in the past year, have made a significant contribution to the enhancement of the environment of the City of Saint John. The public is invited to submit nominations. The deadline for submissions has been set as May 15, 2009; however, the Committee will endeavour to review any late entries.. To nominate someone, send your contact information, including daytime and evening numbers, and your nominee's name, contact information, address and a description of their environmental project(s). Submissions can be e-mailed to planning@saintjohn.ca or mailed to City of Saint John Environment Committee, P.O. Box 1971, Saint John, N.B. E2L 4L1'. They can also be dropped off at the payment centre at the Shoppes of City Nall, or the Planning and Development office on the 10th Floor of City Hall.. We are requesting that the presentation of awards be scheduled for Monday, June 1 s~, 2009 in order to coincide with Environment Week and Clean Earth Day. Thank you. Sincerely, Christine Saumure Chairperson 37 , r" 0 e" ~1 ,u I", I M & C2009 - 117 April 23, 2009 His Worship Mayor Ivan Court III, LA ~A. [Jifl, & Members of Common Council Your Worship and Members of Council, SUBJECT: Engagement of Expert Resources for the Action Plan for Safe, Clean Drinking Water PURPOSE The purpose of this report is to recommend consulting engineering services for an independent expert advisor to assist the City with the Action Plan for Safe, Clean Drinking Water projects and the value engineering review process. BACKGROUND On December 22, 2008, (M&C 2008-380) Council authorized staff to negotiate a scope of work and a fee proposal with Hargrave & Company for engineering services related to the Action Plan for Safe, Clean Drinking Water, to act as an advisor and expert resource to the City of Saint John. The value engineering (VE) review is a systematic, function-based evaluation being undertaken to ensure that optimal efficiency and best value are achieved in development of the Action Plan for Safe, Clean Drinking Water and its implementation. It will focus explicitly on the best possible outcomes for the investments to be made. William Hargrave will participate in coordinating and preparing for the VE process, and can give specific technical advice on water system planning, design, implementation, project management and commissioning. ANALYSIS William J. Hargrave, Ph.D., P.Eng., principal of Hargrave & Company is a municipal drinking water engineer with over 40 years of experience, based in Toronto. Mr. Hargrave has worked on projects for Saint John in the past, such as the Water Strategy. He has helped many municipalities across Canada achieve better water systems. His role will be that of advisor and an objective second opinion for staff and Council. He will review consultant reports, proposed work and help guide the development of the water system improvements. It is proposed that the City engage William Hargrave of Hargrave & Company as an independent expert advisor to augment staff resources and assist Saint John Water with respect to all of the advice that will be given by the VE team. He is a respected and established water system 38 M & C2009 - 117 April 23, 2009 Page 2 consultant and water treatment plant design engineer who can help guide the water system planning process that will be interconnecting several critical water projects. City staff has worked with Mr. Hargrave to negotiate a contractual agreement satisfactory to both parties. It is recommended that an allotment of 500-550 hours of work at $135 per hour be used for 2009. Expenses and disbursements will be charged at cost. The detailed scope of work is not predetermined. Each individual task will be assigned by staff on an as-needed basis. INPUT FROM OTHERS Municipal Operations & Engineering staff consulted with the City's Purchasing and Finance Departments on this issue to address any concerns. FINANCIAL IMPLICATIONS The proposed cost of the work from Hargrave & Company to provide engineering services is approximately $84,000 plus HST. This amount includes an allowance for expenses and disbursements. This work will be charged to both the Water Treatment Plant Design projects approved under the 2008 and the 2009 Water & Sewerage Utility Fund Capital Programs. RECOMMENDATION It is recommended that Common Council accept the proposal of Hargrave & Company for engineering services related to the Action Plan for Safe, Clean Drinking Water and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 39 April 23, 2009 M& C 2009 - 111 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Heather Way Traffic By-Law Amendment BACKGROUND III,. L& u: ia juhn A neighbourhood traffic calming plan is being implemented on Heather Way in an attempt to slow vehicular speed. The death of a pedestrian in late September 2008 resulting from a vehicle/pedestrian accident and high vehicle speed measured by City staff triggered the need for this plan. A preliminary plan was presented to the community at a meeting in November 2008 and staff received very useful input. The preliminary plan was also presented to Council via M&C 2008- 312. One component of the plan is a reduction of the speed limit on Heather Way from 60 KM/H to 50 KM/H, which requires an amendment to the City's Traffic By-Law. A second component of the plan, the installation of Speed Humps on Heather Way, is also being prepared to be implemented within the next few months. Council will see an upcoming staff recommendation to purchase these Speed Humps. ANALYSIS Two main reasons support staff s recommendation to reduce the speed limit on Heather Way to 50 KM/H as part of the overall traffic calming plan: 1. The speed limit reduction will contribute to calming vehicle speeds on Heather Way, and 2. A maximum speed limit of 50 KM/H is required for the installation of the Speed Humps. 11 - m -0 ~1 ~ ~ 40 M & C 2009-111: Heather Wav Ti°affic By-Lcnj, AmeiOnle»t April 23, 2009 Page 2 Heather Way is currently listed in Schedule M-1 of the Traffic By-Law, which contains the inventory of City streets that have a posted speed limit of 60 KM/H. Heather Way must be removed from this schedule to effect the reduction of the speed limit to 50 KM/H. The City Solicitor submitted a report on tonight's agenda attaching the proposed by-law amendment in proper form. RECOMMENDATION It is recommended that Common Council amend the Traffic By-Law, Schedule M-1 "60 KM/H Speed Limits" by removing "Heather Way" with limits of Grandview Avenue to Hickey Road. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 41 ~ti!W, The City of Saint John April 22, 2009 Common Council of The City of Saint John Your Worship and Councillors: Re: Traffic By-Law Amendment Heather Way City Solicitor°s Office Bureau de Pavocat municipal It has been recommended to Common Council that it amend the Traffic By-Law so as to reduce from 60 km/h to 50 km/h the speed limit of vehicles on Heather Way, between Grandview Ave. and Hickey Road. Section 1401(1) of the Motor Vehicle Act (Chapter M-17) generally prohibits speeds in excess of 50 km/h in an urban district (an "urban district" includes a municipality). Local authorities (a "local authority" includes a municipality) may, however, under Section 142(1), prescribe a higher or lower rate of speed on highways within their boundaries. The City has, at Section 18(1) of its Traffic By-Law, prohibited speeds in excess of 60 km/h on the streets listed in Schedule "M(l)". Among the streets listed in that Schedule is Feather Way between Grandview Ave. and Hickey Road. The attached amendment will result in the desired reduction of speed for the entire street. Common Council may, if it so wishes, give first and second reading to it. Respectfully Submitted, John L. Nugent City Solicitor Attachment r w SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41 I www..saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 42 BY-LAW NO.: A BY-LAW TO AMEND A BY-LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE NO : ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANE LES RUES DAMS THE CITY OF SAINT JOHN EDICTS CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET LES MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors dune reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit : A By-law of The City of Saint John entitled "A By-law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto", enacted on the 19t" day of December, A.D. 2005, is hereby amended as follows: Par les presentes, Parrdtd de The City of Saint John intitule a Arr&6 relatif a la circulation dans les rues dans The City of Saint John edictd conformement a la Loo sur les v6hie ales a moteur (1973) et les modifications afferentes decrete le 19 decebre 2005, est modifie coznme suit : 1 Schedule "M-1" - 60 km/h Speed Limits - is amended by deleting the following words under the following headings: Street Limits Heather Way Grandview Ave. to Hickey Rd. 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 signed by: Mayor /Maine I L'annexe a M-1 - Vitesse maximale autorisee de 60 km/h - est modifiee par la suppression des mots suivants sous les titres suivants : Rue Limites voie Heather de ]'avenue Grandview au chemin Hickey EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrdte le 2009, avec les signatures suivantes : Common Clerk/greffier communal First Reading - Premiere lecture Second Reading Deuxieme lecture Third Reading - Troisieme lecture 43 REPORT TO COMMON COUNCIL M & C - 2009-106 24 April 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: } City of sent John SUBJECT: Tender 2009-084901T Asphalt Reinstatement of Utility Cuts BACKGROUND: Tenders were called for the reinstatement of cuts made in street asphalt over the whiter period by Saint John Water crews doing emergency repairs on underground water and sewer infrastructure. This is an annual activity to make permanent repairs of cuts which were temporarily reinstated with cold mix or granular material during the winter period. This contract includes all work associated with the reinstatement of a total of 45 utility cuts at various locations. This work consists generally of the supply of all necessary labour, materials and equipment for the reinstatement of approximately 2700 square metres of utility cuts using the "T" patch method. Tendering this work will allow City forces to focus their efforts to repair potholes and other street deficiencies that have become more prominent during the winter and spring freeze and thaw cycle. ANALYSIS: Tenders closed on April 8, 2009 with three companies submitting bids, however upon review by staffs of Materials and Fleet Management and Municipal Operations it was determined that one of the bidders did not meet all of requirements of the City and the Tender and therefore staff had no option but to reject their bid. The following two tenders were found to be compliant. Classic Constriction Ltd. Lafarge Canada Inc. $97.00 / sq. m $105.00 / sq. m 44 Page Two FINANCIAL IMPLICATIONS: This is a planned expenditure in that Saint John Water's 2009 Operating Budget includes a provision for utility cut reinstatement. The projected completion cost of utility cut reinstatement included in this tender is $261,900.00 plus taxes. RECOMMENDATION: It is recommended that tender 2009-084901T: Asphalt Reinstatement of Utility Cuts, be awarded to the low bidder meeting all tender requirements, Classic Constriction Ltd., at the tendered price of $97.00/m2, plus taxes. Respectfully submitted, _J David J. Logan Purchasing Agent T.L. Totten, FCA City Manager 45 REPORT TO COMMON COUNCIL M & C - 2009-107 24 April 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Award of Proposal for Loch Lomond Road, Hillcrest Road Aquifer Carrying Capacity Study BACKGROUND: city of saint Iohn The City of Saint John's land use policy and regulation permits the development of un-serviced residential dwellings in a number of areas of the City. Given the increasing level of development activity in Saint John, the City has seen a considerable increase in the number of applications for such development in the Loch Lomond Road and Hillcrest Road area in particular. Recent water assessment studies completed by developers for the Province of New Brunswick appear to be raising concerns about both water quality and water quantity in this specific area. The City of Saint John is also committed to sustainability. It would appear that the aquifer that supplies the private water wells in this area is a limited resource and there is a maximum threshold to which it can be exploited. A Request for Proposal was issued to engage the services of a qualified hydro- geologist and land use planner to study the carrying capacity of the aquifer(s) supplying water to private wells for existing and future development in the Loch Lomond Road and Hillcrest Road area and furthermore, to seek a recommendation of a land use planner to convert the carrying capacity of the aquifer into a series of appropriate land use policies and recommendations that ensure that development in this part of the City is sustainable in the long term. ANALYSIS: Five firms chose to respond by submitting offers. Fundy Engineering Saint John, NB Gemtec Consulting Engineers and Scientists Saint John, NB Jacques Whitford Stantec Ltd. Saint John, NB Dillon Consulting Saint John, NI3 Arc Geobac Group Inc. Fredericton, NB 46 PAGE TWO ANALYSIS CONT'D: A proposal evaluation committee, consisting of representatives from Materials and Fleet Management, Planning and Development, and Municipal Operations reviewed each submission against standard evaluation criteria including: Quality and completeness of submission Demonstrated experience in similar projects Expertise and qualifications of staff Methodology Cost Upon completion of the proposal review, the evaluation committee unanimously ranked the proposal from Dillon Consulting first as it was superior in services offered and demonstrated stronger technical ability and the experience necessary to provide the requested services for the project. FINANCIAL CONSIDERATIONS: The total cost for the services of a qualified hydro-geologist and land use planner to study the carrying capacity of the aquifer(s) supplying water to private wells for existing and ffiture development in the Loch Lomond Road and Hillcrest Road area if awarded as recommended will be $30,980.00 plus tax. This is a planned expenditure for which frmds have been allocated in the Planning Department Operating Budget. RECOMMENDATION: It is recommended that the proposal submitted by Dillon Consulting for the services of a qualified hydro-geologist and land use planner to study the carrying capacity of the aquifer(s) supplying water to private wells for existing and friture development in the Loch Lomond Road and Hillcrest Road in the amount of $30,980.00 plus tax, be accepted. Respectfully submitted, David J. Logan Purchasing Agent T.L. Totten, FCA City Manager 47 REPORT TO COMMON COUNCIL M & C - 2009-116 April 24, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Supply and Installation of Flags and Flag Poles Reversing Falls Tourism Information Center BACKGROUND: } City of sent John The reconstruction of the walkway and garden area at the entrance to the Reversing Falls Tourist Information Center was designed to include flags and flag poles for thirteen provinces/territories along with one Canadian and one US. Tenders for the supply and installation of 15 flags, 12 flag poles and the relocation of 3 existing poles for a total of 15 closed on Wednesday, April 22, 2009. ANALYSIS: The tender call resulted in receiving six (6) bids and staff from Materials & Fleet Management and Facilities Management have reviewed the tenders received and have found them all to be complete in every regard. Tender were received from: Bidder Price Cossey Corporation $48,200.00 Brice E. Lawson Contractor $37,815.00 Roadway Systems Ltd $34,900.00 ICR General Contractors Limited $37,525.00 Maritime Fence Ltd. $46,432.50 Fundy Fencing Ltd. $29,400.00 48 PAGE TWO FINANCIAL IMPLICATIONS: This is a planned expenditure and as such, funds are included in the Facilities Management Capital budget. RECOMMENDATION: It is recommended that the tender for the supply and installation of 12 flag poles, 15 flags and the relocation of three existing poles be awarded to Fundy Fencing Ltd. of Saint John, NB at a cost of $29,400.00 plus HST. Respectfully submitted, w rL ) David Logan,}CPPB Purchasing Agent T.L. Totten, FCA City Manager 49 M&C-2009-120 April 23, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Rockwood Hills Subdivision 1060 Sandy Point Road BACKGROUND: At the April 28, 2008 meeting of Common Council, approval was given to an application submitted by Caliber Consulting Limited to rezone and subdivide property located at 1060 Sandy Point Road to permit a commercial and residential development. The application was approved subject to a condition that the Council enter into an agreement pursuant to Section 101 of the Community Planning Act. A Section 101 agreement allows a developer to propose conditions for a development in addition to those normally required for a development. When the staff report was prepared for this development, Planning staff were unaware of a resolution previously adopted by Common Council on December 16, 2002 as part of a previous development proposal for the property. This Council resolution dealt with a proposed public street that would connect the subject property to University Avenue over a portion of City-owned property that is part of the Tucker Trust. The 2002 Council resolution reads as follows: RESOL ITT) that as recoiruueuded bl,, the Citi Alauager: 1) The City of Sciiut.Iohra authori, e the filing (?fa sisbdivisiora cipplicatioia ichich iuclaades a proposed pisblic street over a 725 n portion of PIT) Number 469486 r (Tuiversitt, Avenue as geuercilly shoirii o» the subiraitted plan. 2) Ira the event both the sisbdivisiora and related ire zoiaiug appliecitioras cure approved b1, the Plauuiug AtIvisory Committee and C'onanora C'ouucil and iu corasidercitiora foi° a paviraeut of 5400 plus HST Properti Alauageneut Proiraau Ltd be authorized to construct and vest by subdivision plan a public street oivr: a) 725 in portion of PIT) Number 469486 as geuercilly shoirra ora the submitted plan subject to the folloiriug a Properti" Alauageiraeut PYoirmaii 50 Report to Common Council Page 2 Ltd imlel mT ,h' cuit1 scii,e hcirmless the Citl' Of .SWiit.lohii,fi-om cuitI cigciiiist all mclnner of action ol• claim that nlcly cll•ise from the ('ollstructiorl of a street over PIT) Number 469486 b) Property AIx11agemel?t Proms ll L0 iwine the Cit1' of .S'all?t.lohl? co 11?STIretl ill its liability' illsilraru•e polio' in an cTmowit riot less than S2 million (Tiling the period of Toad (1orTStructiorl on and over PIT) Number 469486 -mt1 pTOOf (f such t1elll'eretl to the Colllmisslol?er of Pla1111i ?g al?(l Development e) Property' 1l1ancigement Proman Ltd prepare and pay'. for the appropriate subdivision plan and (I) Ili the event the vesting (?fa public street over Tucker Park Trust land is ever ehcillerTged PTOperty'111ancigementProman Ltd gill at its sole means and expense seek: the appropriate legislative change to remove the subject lands from the Trust failing irhich frill TelTlove that portion (f the public street crossing over PIT) Number 469486 and Teturli the land to a natural state; and 3) The Alavor and Common Clerk: be author-Led to sign the applicable documents. The purpose of the 2002 Council resolution was to permit the construction of a public street across the Tucker Trust but to require that the previous developer accept any liability if there was a requirement for this street to be removed in the future. The developer of the day was prepared to accept this liability because it was not the primary access to the subject property. The development currently proceeding on the site has only one access point and it is across the Tucker Trust lands. This roadway connection will be a permanent feature of the development necessitating that the lands host to the street right of way be removed from the Trust lands. Removing the lands from the Tucker Trust can only be achieved by Act of the Provincial Legislature. The resolution before Common Council this evening provides the required direction so that this development can proceed, the public street be established, and that the appropriate legislation be considered by the Province of New Brunswick to ensure that the street connection will be a permanent feature of the development. RECOMMENDATION: Resolved that: 1) The Common Council resolution of December 16th 2002 dealing with a proposed subdivision plan for a public street over a portion of property line north side of University Avenue be rescinded. 51 Report to Common Council Page 3 2) The Common Council authorize the filing of a subdivision plan to create a public street of 675 square metres through lands identified as being PID number 00469486 as generally shown on the submitted plan. 3) The Common Council resolution of April 28, 2008 providing for a Section 101 Agreement between the City of Saint John and Caliber Consulting Limited in accordance with the conditions imposed by the Planning Advisory Committee regarding the improvements on the City owned property along University Avenue, also identified as being PID number 00469486 be amended by adding the following as proposed by the Developer, Timberstone Developments Inc.: a) The Developer must reimburse the City for all cost and expense incurred by the latter in preparation, submitting and processing of a petition to the Legislature for a private legislation that would remove from the terms of the Tucker Trust so called, the land identified as Arlington Crescent 20.000 wide (Public Street) 675m2 on a plan entitled "Subdivision Plan City of Saint John Subdivision situated East of University Avenue, City of Saint John, County of Saint John, Province of New Brunswick - (A.N.B.L. S. No. 179673) dated April 21, 2009 surveyed by Andrew K. Toole, NBLS 4 3 79. 4) The City Solicitor or his designate be authorized to petition His Honour, the Lieutenant Governor and the Legislative Assembly on behalf of The City of Saint John to enact an act to remove from the terms and conditions contained in the will of the late Joseph Tucker the lands designated "Arlington Crescent" described in section 2(a) above and to permit the same to be used as a public street. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager 52 • i' / / ~ APPROVALS ~ ----s i ~ ~ ~ . _ ~ SURVI _ ~ r~F 7F~'`^ SURVEY _ J~-_ ~ ARE. w,~Ea°~=, / AREA _ _ ,F~'~ ,F'~_ ti~ ~ _ ~ ~ _J s h _ r; , - - . L.- _ I r _ Y- UNI VERSI TY A VENUE _ ~ ~ 30.460 WIDE ~ " 3 `J~~-~ ~ ' 3x•24'15" LOCALITY SKETCH 2o.ooa REMNANT OF ~ E ~ E I REMNANT OF e ~ N CITY OF SAINT JOHN DES -E FT -111 iUE -)L CITY OF N N ~ ARLINGTON CRESCENT ~ E , F F1' ~ ~E ~ FT Doc. 91879, Vd. 137, Pg. 421 F`rEi TEfI ~_"OPDII'TE flDfi! 11EIIT Fe-11JD Fd. SAINT JOHN ~ ~ M N 20.000 IMDE (PUBLIC STREET) PID 468486 N 675m S1CIao~F~D _~_C~;F~ I~;hCIF~ PE~cFD ~p Ooa 91879, Vol. 137, Pg. 421 ~ ~ LC,I,- L~TED - I LOT 82-1 PID 489488 r ,TafdC=FC : RcE 1.14PhEF F VID HEsw-TEHED F-1, Ed -.-HDIT l-LIUME F.-~-,E D~- Pg. SEE PLAN 1396 20.D07 ~~L~~JLuTEC C2C7ECIIATE PO PIT ® GC~,_t~~EPiT ,CW PID 00437588 raD ~E~TED c~~PDDPI~TE PEFEDEPrE ~ ~ ~ 211'1616" 4 ,~FIDED ~wcnDEil ~~~~,~E~ F~~~r 0 I ---Ie,PE METEE' nr' MILLIMETEF°- MM 319 uY~7uDBd S!E''JEi F~~T ❑ HEC.T,>FE _ -w~~_~~E Para e~T FEEPID ■ HLDI H 08-1000 F~II E~E~E F IID DE~;ED 0 SEE PLAN 25275398 Ru1PlC' F^PI BCE F'`UdD ~ DEE;ED FH,~:"I F--H ir' ELETI'I'l ELE PID 55190201 EH TF II EHT Ifl,. Er~REHrPE rE~TFIr ~ ~i DI 4UETEH _ °~EP'rl';E P1E'dF 'd;PTER ~~+LiE FIE'E H iCF~PIT ~ -EP I' E HE,', BP 111'- HE, V?a FEI ICE X- -xTcH B,.CIPI "~E -vER :LPB VrIOI-DI TED %,'Ti~H D?SICI ®i_[ -',EFHE'',L L "JE'--. --OH-H_"-- -EI'1TPELIHE ,T~~PE ~yT~~H 6yEIPl ~ ihd-iEH~R 11 TEHL HILT II'JC L fJE~ --VG-gin-- co '-Ui~:E Di~~ r-'PE I~;IaP~H~~_E I;IH E~~E~~,IEr,lr~s~ E-SEUEHH'Sl THl-AH THI. TuT~ Fo_E F= ITEP LINE --N,L-IM-- e!~';EET I E~~HT STAPID4FD PI BE !YETI TPEELIHE J . , . , . . Pl HL ITLT, EA'-EP:IEHT T'. E. CIE'`, eF~i_~ds,~ ~c,l~ao si_~;E~~e rleu _ERTF_~TE ^F CESI~IEC°ED ' TE '-F PE"ISTEPE❑ "'AHEP` H F' -PU FIDES DEC;I~T~~~TDIa Pu-I,~I~EC w~,^ Eaw-EI P, HPFEL LDE[ IT FIEF P D 11 bl ~:~IF',L SEP+SES E~;E44EPIT t+l SE. ESN ~"'ELI hN II o -.r iFC~' THE i F'~fEiDR'~ 61E~ LI hH ' 1 II- ~-'L I HEI- IH-.f1 E THE `:'~F.EiCH'S UE~SLIEEMElII'l EcldDS r~e~Er v~~TD L~ TD E~Edld Dl~rri~E a_I~~aurH C~CCEO I -E ~,DUUTH ELLLED FEP IH D~-_ deed'I SUBDIVISION PLAN: PURPOSE OF PLAN 4 SUBDIVISION -TO CREATE ARLINGTON CRESCENT (PUBLIC STREET), SITUATED EAST OF UNIVERSITY AVENUE, CITY OF SAIN' PURSUANT TO SECTION 56(4)(A) OF THE COMMUNITY COUNTY OF SAINT JOHN, PROVINCE OF NEW BRUNSWICK CITY OF SAINT JOHN, PLANNING ACT, 1973. W BRUNSWIQK metres 40 60 80 DOCUMENTS NOTES zD o za ao SCALE 1:1000 CITY OF SAINT JOHN -DIRECTIONS ARE N.B. GRID AZIMUTHS DERIVED FROM THE N.B. - Doc. DATED NOVEMBER 27, 1914 GRID MONUMENTS TABULATED HEREON. Terr< Terrain Group Inc. 580 Main St., Suite B130 REGISTERED JUNE 10, 1915, IN VOLUME 137, -THE SCALE FACTOR USED WAS 1.000027. 580 Ma PAGE 421, AS NUMBER 91879, PID 469486. -THE DOCUMENT NUMBERS REFERRED TO ON TH15 PLAN ARE ^ Saint Jot Saint John, New Brunswick THOSE OF THE COUNTY REGISTRY OFFICE. Can ' Canada F2K1J5 _ -ADJACENT OWNER INFORMATION OBTAINED FROM SNB tel. tel. 506-634-8719 RECORDS, fax. -ALL DISTANCES SHOWN ARE CALCULATED GRID DISTANCES. fax. 506-693-8016 www.terraingroup.com -AS USED HEREIN, THE WORD CERTIFY SHALL MEAN AN THE SCIENCE ~F PRACTICAL 50LUTIONS www.t ALL COMPUTATIONS PERFORMED AND COORDINATES SHOWN OWNER'S SIGNATURE EXPRESSION OF THE CONSULTANT'S PROFESSIONAL OPINION TO SURVEYOR'S STATEMENT ON THIS PLAN ARE BASED ON THE NEW BRUNSWICK THE BEST OF IT'S INFORMATION, KNOWLEDGE AND BELIEF, AND S~ELUPSaDHAS REALIZEDRB~SER~CE NEw BRUNSNIC(K'S~, DOES NOT CONSTITUTE A WARRANTY OR GUARANTEE BY THE I HEREBY CERTIFY THAT THIS PLAN IS CORRECT. ACTIVE CONTROL SYSTEM. 1 CONSULTANT. C -CERTIFICATION IS NOT MADE AS TO LEGAL T1TLE, BEING THE P' 314 12532841.861 17366910.191 DOMAIN OF A LAWYER, NOR TO THE ZONING & SETBACK 316 12532813.915 17366928.205 BY-LAWS OR REGULATIONS, BEING THE DOMAIN OF A 317 2532802.61D 7366911.fi97 N.B.L.S. N0. I I DEVELOPMENT OFFICER. 319 12532831.453 17366893,105 COMMON CLERK: ELIZABETH A. GORMLEY -CERTIFICATION IS NOT MADE AS TO COVENANTS SET OUT IN SURVEYED BY: ANDREW K. TOOLE, N.B.L.S. D 28156 12534232.573 17362095,DO1 FOR: CITY OF SAINT JOHN. THE DOCUMENT(S) AND THE LOCATION OF ANY UNDERGROUND DATED: APRIL 21, 2009 #379 av'l.\A -S. N STATION I FASTING I NORTHING SERVICES AND/OR FIXTURES, PERMANENT OR OTHERWISE. N.B. GRID COORDINATE VALUES ~ -INITIAL FIELD SURVEY WAS COMPLETED APRIL 02, ZO09. -DRAWN: SSA FIELD: MJ CHECKED: - JOB No.:S07095 CAD:S07095-625 ZONE: M & C - 2009 - 11 3 April 21, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECTS Proposed Public Hearing Date 372 Ludlow Street, 388 University Avenue and. 10 Technology Drive BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearing. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Matrix Management 372 Ludlow "R-2" "R4" To recognize Inc. Street the existing three-family dwelling N.B. Department of 388 University "R-IA" & "IL-2" To permit a Supply & Services Avenue "RS-2" parking area and access road for the Saint. John Regional I-lospital In addition to the above new applications, Comeau MacKenzie Architecture has now submitted a revised proposal for its application to rezone the property at 10 Technology Drive, from "R-2" One and Two Family Residential to "RM-1" Three Storey Multiple 54 Report to Common Council Page 2. Residential. The original public hearing, scheduled for April 1, 2009, was cancelled at the request of the applicant pending submission of the revised proposal. It is now appropriate to schedule a new public hearing for this proposal. RECOMMENDATION: That Common Council schedule the public hearings for the rezoning applications of Matrix Management Inc. (372 Ludlow Street), N.B. Department of Supply & Services (388 University Avenue) and Comeau MacKenzie Architecture (10 Technology Drive) for Monday, May 25, 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/r 55 REPC__~T TO COMMON COUNCIL db April 27, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: RE: Terms & Conditions of Employment - None-Union Administrative Personnel BACKGROUND: City, r.," Common Council recently approved the Terms & Conditions of Employment for Management/Professional Employees. With this completed there is one remaining group of employees who do not currently have clearly articulated Terms and Conditions of Employment that being our Non-Union Administrative Personnel. The purpose of this report is to recommend a Terms & Conditions of Employment document for this group. ANALYSIS: The City has eight (8) positions that are classified as Non-Union Administrative. These positions have been excluded from the Union due to the confidential nature of the work they are involved with. Historically the City has used the collective agreement between the City and C.U.P.E. Local 486 as the basis for determining the benefits and entitlements for these positions. There are many provisions that do not apply however and there are gaps in the benefit entitlements as a result. Most notably the sick leave provisions under the Local 486 collective agreement see individuals participate in a sick bank for short-term sick leave which the non-union positions would not be eligible for. In order to clarify the Terms & Conditions of Employment for these 8 positions the attached document has been prepared. The benefits and entitlements in the attached document are for the most part drawn from the Local 486 Collective Agreement. The exception is the sick leave entitlements which have been drawn up to be consistent with 56 the taken Management/Professional Employees. In addition we have incorporated the phase out of the retirement Pay option consistent with the Management/Professional Group. FINANCIAL IMPLICATIONS: Given that the document codifies existing practice there are no additional costs associated with adoption. RECOMMENDATIONS: That Common Council approve the Terms & Conditions of Employment to the City's Non-Union Administrative personnel as presented. Respectfully submitted, And" P, Beckett C.A. Deputy ty Manager ' Terry L. Totten F.C.A. City Manager 57 City of Saint John Terms and Conditions of Employment Non-Union Administrative Personnel January, 2009 City of saint John January, 2009 58 Terms and Conditions of Employment Non-Union Administrative Personnel TABLE OF CONTENTS Introduction 4 Employer 5 Effective Date 5 Coverage and Application 5 Policy Statements 6 PART ONE: Hours of Work 7 Regular Hours of Work 7 Overtime 7 PART TWO: Salaries 7 Salaries 7 Incremental Increases Promotional and Acting Pay 8 Service Pay 8 Retirement Pay . . 8 PART THREE: Benefits 9 Annual Vacation 9 Statutory, Designated and Proclaimed Holidays 9 Health & Dental 10 Basic Life Insurance 10 Optional Life Insurance 10 Voluntary Accidental Death & Dismemberment 10 Employee and Family Assistance Program 10 PART FOUR: Absences due to Illness, Injury or Disability..... 11 Sick Leave: defined 11 Sick Leave benefits 11 Return to Work 11 Long-Term Disability 12 PART FIVE: LEAVES OF ABSENCE 13 Bereavement Leave 13 Emergency Leave 13 General Leave 13 City of Saint John 2 January, 2009 59 Terms and Conditions of Employment - Non-Union Administrative Personnel Special Leave 13 Self Funded Leave 14 Court Duty 14 Christmas Leave 14 PART SIX: Maternity and Paternity Leave 15 PART SEVEN: General 16 Probationary Period 16 Workplace Conflict Resolution 16 City of Saint John January, 2009 60 Terms and Conditions of Employment - Non-Union Administrative Personnel TERMS AND CONDITIONS OF EMPLOYMENT Non-Union Administrative Personnel Introduction This document sets out the terms and conditions of employment for Non-Union Administrative personnel employed by the City in full-time permanent positions. Clearly articulating Terms & Conditions of Employment represents best practice for any employment relationship. It is a foundational document that helps establish trust in the employment relationship. The City of Saint John Corporate Strategic Plan establishes the following goal: Corporate Goal The City of Saint John is a great place to work, a people focused organization that recognizes the value of individuals united in public service. Our commitment to public service is clearly articulated in our Mission, Vision & Values; Our Mission - Why We Exist To serve our City with pride, to provide our citizens with quality service, and to contribute to the overall economic, social and environmental well-being of Saint John. Our Vision - What We Want To Be We are energized, engaged people committed to working together to provide services that are responsive to Community needs and delivered in a sustainable, cost-effective way. Our Values - How We Do It Commitment - fulfilling the expectations we create in our promises, both direct and implied. Integrity - conducting oneself honestly, fairly, respectfully and ethically. Responsibility - accepting accountability, expectations and values based decision- making. City of Saint John 4 January, 2009 61 Terms and Conditions of Employment - Non-Union Administrative Personnel Employer The City of Saint John, hereinafter referred to as "The Employer', is a body corporate in the County of Saint John, in the Province of New Brunswick. Effective Date Effective January 1, 2009, these Terms and Conditions of Employment -Non-Union Administrative Personnel will supersede all previous versions and amendments of applicable Human Resource Policies. Human Resource Business Practices, approved by the City Manager, will be developed as needed to provide administrative direction associated with this document. These Terms & Conditions will be reviewed in conjunction with the negotiation of the collective agreement between the City of Saint John and C.U.P.E. Local 486 and updated as necessary. Coverage and Application These Terms and Conditions of Employment apply to all full-time permanent Non-Union Administrative employees of the Employer. Within the document, the term, "Supervisor" refers to the person who supervises the position, the supervisor in some cases may also be the manager; and the term "Manager" refers to the division level manager. Questions regarding the contents or administration of the Terms and Conditions of Employment - Non-Union Administrative Personnel maybe directed to Human Resources personnel. The City Manager is responsible for maintenance of these Terms and Conditions of Employment with all amendments being subject to approval of Common Council. Managers and Supervisors are responsible for: - developing a sound working knowledge of this document and associated Business Practices, including revisions and additions; - making every effort to ensure that staff are aware of and understand applicable policies and practices; - applying policies and practices in an equitable and fair manner, utilizing sound judgment, and; - reporting as necessary the need for periodic revisions or additions. All City of Saint John employees have a responsibility to be familiar with the Municipality's policies and practices as they relate to their role and employment. City of Saint John 5 January, 2009 62 Terms and Conditions of Employment Non-Union Administrative Personnel POLICY STATEMENTS These Terms and Conditions of Employment have been developed to provide clarity and direction with regards to the employment relationship between the Employer and its Non- Union Administrative personnel. The following policy statements have guided the preparation of this document. Organizational Performance The City of Saint John is committed to achieving excellence throughout its operations. To meet this objective, we will ensure our workforce is skilled and knowledgeable, consistently demonstrating commitment, integrity and responsibility in our service to the citizens of Saint John. Employee Remuneration The City of Saint John recognizes the contributions and achievements of employees and provides a total compensation package, which is. intended to achieve the following three objectives: (1) To attract, retain and motivate highly qualified employces: (2) To contribute to the recognition and reward of employees' individual performance. (3) To maintain a competitive compensation structure that compares favorably with others in the marketplace and can be supported by the financial position of the City. Employee Development The City of Saint John supports employee learning and development as a strategic opportunity to develop a qualified and motivated workforce. Employee Wellness and Productivity The City of Saint John promotes employee wellness that encourages a shared responsibility to develop and achieve personal and organizational goals. City of Saint John 6 January, 2009 63 Terms and Conditions of Employment - Non-Union Administrative Personnel PART ONE: Hours of Work Regular Hours of Work Employees covered by this document will work a maximum of 1820 regular hours in a calendar year. Employees will receive payment for regular hours on the basis of thirty- five (35) hours per week, fifty-two (52) weeks per year. The workweek will be Monday to Friday with hours of work being scheduled between 7:00 am and 7:00 pm. For all employees the maximum hours worked on a scheduled shift is ten and one half (10.5). Schedules will be provided and a minimum of two weeks' notice shall be given for a change in the schedule. The minimum notice may be less than two weeks if mutually agreed between the manager and the employee(s) affected by the change. Overtime Overtime shall be paid for at the rate of one and one half (1 ''/Z) times the regular rate of pay. When an employee is detained more than thirty minutes at the end of a working day, overtime worked shall be calculated from the end of the regular work day. If called back to work after proceeding home, time worked shall be calculated from the time of reporting to work to the. termir►ation of work, with a minimum of three hours. Overtime shall be authorized by the appropriate Manager prior to commencement. Overtime leave may be taken in lieu of payment for overtime by mutual agreement of the employee and employer. PART TWO: Salaries Salaries As per Salary Scales in the Collective Agreement between the City and CUPE Local 486. Incremental Increases An employee shall be entitled to increments as follows: (a) 112 after six months of appointment. (b) an additional 112 on the first anniversary of appointment. (c) on the second anniversary, the maximum for the position. City of Saint John 7 January, 2009 64 Terms and Conditions of Employment - Non-Union Administrative Personnel Promotional and Acting Pay If a permanent employee substitutes in or is promoted to a position of higher classification and performs the duties of a higher classification as determined by the Department Head, they shall receive either the minimum rate of the higher group or the rate of a one year increment in their own group added to their normal rate of pay, whichever is greater. Acting Pay shall only be applicable when duties of the higher classification are performed for a minimum of half of a scheduled shift. Should an employee perform the duties of that higher classification for a period of six months they shall be entitled to an increment at the applicable rate. Service Pay Consistent with the policy direction established by Common Council, service pay will continue to be paid only to permanent non-union administrative personnel employed on or before 1 June 1992. Non-Union Administrative Personnel hired after 1 June 1992 are not eligible for service pay. Retirement Pay For those Non-Union Administrative Personnel who are eligible, upon retirement they will receive one month's pay for every five years of service or fraction thereof to a maximum of six months pay. To qualify, an employee must have a minimum of five years continuous service with the Employer. The benefit shall not apply when an employee resigns from service or is dismissed for cause. The employee may request in writing a one-time-only payment in lieu of retirement pay at any time prior to retirement. Such payment shall be made in an amount as defined above, based on the date the request is made. To qualify, the employee must have a minimum of five (5) years continuous service. Upon such payment the employee would waive all entitlement to further retirement pay. Employees who are leaving the organization within ninety (90) days shall not be eligible for the retirement pay option outlined herein. Retirement pay will continue to be paid only to permanent Non-Union Administrative Personnel employed on or before March 23, 2009 and who have not chosen the opting out provision. City of Saint John 8 January, 2009 65 Terms and Conditions of Employment Non-Union Administrative Personnel PART THREE: Benefits Annual Vacation An employee who has completed one (1) year of continuous service beyond the end of the period, for which they have been paid under the terms of the "Vacation Pay Act", shall be granted seventy (70) hours' vacation with pay. Other vacation entitlements shall be as follows: Upon completion of a) 2 years' continuous service - 105 hours b) 7 years' continuous service - 140 hours c) 12 years' continuous service - 175 hours d) 25 years' continuous service - 210 hours e) 30 years' continuous service - 245 hours A shift shall equal seven (7) hours for purposes of vacation selection. The number of employees on vacation at any one time shall be limited to a reasonable number at the discretion of the Manager concerned so as not to curtail or interfere with the operating efficiency of the Department. In addition to the above vacation periods, each employee who has completed one year of continuous service shall he entitled to seven (7) hours as a floating holiday, to be taken at a mutually agreed time, each calendar year. Holidays During Vacations If a statutory, designated or proclaimed holiday falls or is observed during an employee's vacation period, they shall be granted an additional day's vacation for each such holiday in addition to their regular vacation time. Statutory, Designated and Proclaimed Holidays Non-Union Administrative Personnel shall be entitled to Statutory, Designated and Proclaimed Holidays as follows: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, New Brunswick Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, and any other day proclaimed by the Federal, Provincial or Municipal Governments as a holiday. Non-Union Administrative personnel are entitled to statutory, designated and proclaimed holidays from the date of commencement of work with the City of Saint John. In addition to the above Statutory, Designated and Proclaimed Holidays, each Non-Union Administrative person who has completed one (1) year of continuous service shall be entitled to one day as a floating holiday, to be taken at a mutually agreed time, each City of Saint John 9 January, 2009 66 Terms and Conditions of Employment - Non-Union Administrative Personnel calendar year. There shall be no carry-forward of this holiday or any pay-out of the holiday upon termination of employment. Health and Dental All management employees as well as their spouses and dependent children are eligible to participate in this plan. Participation in the plan is mandatory for all employees hired after May 1, 2009. The costs of the program are shared at 75% from the Employer and 25% from employees. Any employee who is not a participant in the plan shall not be entitled to a cash payment in lieu of the Employer's contribution to the cost. Effective May 1, 2009 current employees not participating in the plan will no longer be eligible to participate in the plan now or in the future. Employees impacted by this provision will be eligible to enter the plan provided they register no later than April 1, 2009. Basic Life Insurance Basin Life including Accidental Death and Dismemberment Insurance is a mandatory benefit for all permanent management employees. The Employer contributes 75% of the cost of the program with employees being responsible for the remaining 25%. Upon retirement the employee will be entitled to a $5,000 life insurance policy with monthly premium costs being paid for by the City. Optional Life Insurance Optional Life Insurance, through the City's insurance provider, is not a mandatory benefit. It is, however, available for purchase for employees, their spouses and dependants. Employees are responsible for 100% of the premium. Voluntary Accidental Death & Dismemberment Voluntary AD&D is available for employees, their spouses and dependants. Employees are responsible for 100% of the premium. Employee and Family Assistance Program The Employee & Family Assistance Program (EFAP) is a service that provides confidential, professional assistance to employees and their family members to resolve problems that affect their personal lives and in some cases job performance. The EFAP is provided at no cost to employees or immediate family members subject to certain exceptions that are detailed in a separate Business Practice. City of Saint John 10 January, 2009 67 Terms and Conditions of Employment Non-Union Administrative Personnel PART FOUR: Absences due to Sickness, Injury or Disability Sick Leave Defined Sick Leave means the period of time an employee is absent from work by virtue of being sick or disabled, or under examination or treatment of a physician, chiropractor, or dentist or because of an accident for which compensation is not payable under the \workers' Compensation Act. Routine examinations by or visits to physicians, chiropractors, or dentists are not considered to be part of sick leave. Sick Leave Benefits The City of Saint John will continue to pay the salary of employees for a period of six (6) months while on sick leave, provided the employee meets their obligation to the employer with respect to the Return to Work Program. All absences of ten continuous working days or greater will be referred to a third party Occupational Medical Advisor (OMA) or Medical Doctor in order to be considered for ongoing Sick Leave Benefits. Also, if an employee has accumulated 10 days of sick leave within a calendar year the City of Saint John has the right to request medical evidence at any time in order for the employee to be considered for ongoing Sick Leave Benefits. Employees off work due to illness or injury will continue to earn a vacation entitlement for absences up to six (6) months in duration. Return to Work A return-to work team shall be established to work with the employee in circumstances where a return-to-work plan is required. The team shall include the employee, a person designated by the Employee (optional) and a person designated by the Department Head, and will be administered by a Case Manager (from Human Resources staff). The City will appoint an OMA to objectively assess medical information to make recommendations for design of individual return-to-work plans, and to act as a liaison with the employee's attending physician to understand relevant restrictions or limitations. The OMA shall be knowledgeable of the Employer's and the Employee's obligations and responsibilities concerning accommodation and return-to-work, as well as the various agencies and professionals available to assist in the return-to-work process. The involvement of an OMA is aimed at the individual's prognosis and assisting in determining steps that need to be taken to facilitate a timely return to work. City of Saint John 11 January, 2009 68 Terms and Conditions of Employment -Non-Union Administrative Personnel The focus during this process will be on working with the individual employee directly or through their doctors to ensure a timely return to work. Using a case management approach the OMA will provide the following: - identification of functional abilities determination of whether a disability exists determination of anticipated duration of illness or disability identification of work accommodations that might promote an earlier return to work At any time during this process when it appears that the individual will meet the requirements for long-term disability as set out in the City of Saint John Employee Pension Plan an application will be filed by the employee with the Board of Trustees of the Plan. Upon approval of a Disability Pension Benefit, the Sick Leave benefit will terminate and the claimant will be transferred to the City of Saint John Pension Plan subject to the terms & conditions applicable to that Plan. All costs associated with the OMA service including any fees associated with medical advice required by the service will be paid for by the Employer. Long-Term Disability The City of Saint John shall establish and maintain an insured Long-Term Disability Plan which provides: payment equal to 66 213% of salary for a period of up to two years where an individual is unable to return to their own occupation due to illness or disability. payment equal to 66 213% of salary until age fib where an individual is unable to return to any occupation. The full details of the plan will be determined through negotiation with the insurance provider. It is the intention of the City to structure the coverage so that it is coordinated with all other disability programs (ie. Canada Pension Plan, City of Saint John Employee Pension Plan) such that an individual's total disability compensation is no greater than 90% of their current net salary. In addition changes may be required to the City of Saint John Employee Pension Plan to ensure that individuals in receipt of insured disability benefits continue to accumulate years of service in the Plan. Adjudication and administration of all claims under this Policy will be the responsibility of the insurance provider. Until such time as this insured program is established the City will continue its existing practice of paying an employee their salary, in addition to the provision of the Sick Leave benefit, for up to eighteen (18) months subject to the employee fully cooperating with the requirements set out by the OMA and Return to Work Committee. City of Saint John 12 January, 2009 69 Terms and Conditions of Employment - Non-Union Administrative Personnel PART FIVE: LEAVES OF ABSENCE Bereavement Leave For purposes of clarification, bereavement leave shall be defined as an approved leave of absence from work for a specified period without loss of pay, seniority or other benefits for the purpose of making funeral arrangements and/or attending the funeral of a deceased member of the employee's immediate family. Additional time may be provided in each of circumstances noted below, at the discretion of the Department Head. In the event of the death of an employee's father, mother, spouse, son, daughter, brother, sister, father-in-law, mother-in-law or legal guardian up to a maximum of three consecutive shifts shall be granted, one of which shifts shall be on the day of the funeral and to the extent that any or all of these are scheduled shifts. In the event of the death of an employee's grandparents, sister-in-law, brother-in-law, or child of a brother or sister, an employee shall be entitled to two shifts off with pay. One full shift of leave shall be granted without loss of salary or wages to attend a funeral as an active pallbearer. Emergency Leave An employee may be granted up to five (5) shifts off without lass of pay, in the event they are left homeless due to fire, flood, or any act of God, subject to the approval of the Manager concerned. General Leave Once, every five (5) years, the Employer shall grant leave of absence without pay to a maximum of twelve (12) months to any employee requesting such leave for good and sufficient cause. The employer may grant additional absences. Such requests shall be made in writing by the employee and submitted to the appropriate Manager. If the Manager refuses to grant such leave of absence; the employee may appeal such decision to the City Manager. Upon approval by the City Manager, such leave of absence shall be granted. Special Leave Up to five (5) weeks unpaid leave of absence shall be granted at the employee's request once every four (4) years, providing the employee has completed at least four (4) years' continuous service to earn entitlement. Such special leave shall be taken at a mutually agreed upon time. Such request shall be made in writing by the employee to the department head not later than two (2) months prior to commencement of the leave. City of Saint John 13 January, 2009 70 Terms and Conditions of Employment - Non-Union Administrative Personnel Time off with pay shall be granted for the following: Employee's Marriage - one (1) shift Birth of Child - one (1) shift Adoption of Child - one (1) shift Self Funded Leave The City recognizes the potential of self-funded leave to help achieve employee and organizational goals. The purpose of this article is to provide an opportunity for self funded leave, once every five years, for a period of not less than five weeks and up to and including one year. The City of Saint John will hold a portion of an employee's salary for a specified period of time and then allow the employee to take off the requested time with pay equivalent to the amount withheld. This leave would allow an employee to continue receiving a salary. The salary that an employee would have received during this period, minus the leave without pay, is spread out or averaged over a reasonable amount of time. An employee who is interested in this program shall apply in writing, a minimum of six months in advance (unless mutually agreed) to their department head. If the department head refuses to grant the leave, then the employee may apply directly to the City Manager or his designate. Once a request is approved then the department head must notify Human Resources. Human Resources will make arrangements to initiate this request. On return from the leave, the employee shall be placed in their former position. If the former position no longer exists, they shall be placed in position of equivalent responsibility and remuneration. Court Duty When an employee is on jury duty or called as a witness in City related court proceedings, they shall receive full pay at the prevailing rates. Any monies received by the employee, for said matters in lieu of weekly pay, shall be paid to the City of Saint John. Christmas Leave An employee may request an unpaid leave absence, hereinafter referred to as Christmas Leave, between December 20 and January 7 of each year. Interested employees shall make a request for Christmas Leave, in writing, to the manager responsible. The number of employees on Christmas Leave shall be limited to a reasonable number at the discretion of the manager responsible. Christmas Leave may be taken without immediate loss of income. Deductions for Christmas Leave shall be made at the rate of not less than one day per month beginning in January; i.e., deductions for Christmas Leave would commence in January of the following year. City of Saint John 14 January, 2009 71 Terms and Conditions of Employment Non-Union Administrative Personnel PART SIX: Maternity and Paternity Leave Maternity Leave Maternity Leave shall cover a period of 17 weeks. An employee who resigns for maternity reasons shall be considered as having been on leave without pay if she is re- employed within six (6) months of the date of her resignation. SunDlementarv Unemplovment Benefit Plan a) This plan is conditional upon the approval and continued approval of the Federal Government. b) An employee who provides proof that she has applied for and is eligible to receive Employment Insurance Benefits pursuant to the Employment Insurance Act, shall be eligible to be paid a maternity leave allowance in accordance with the Supplementary Unemployment Benefit Plan for a period not to exceed seventeen (17) continuous weeks inclusive of the two (2) week waiting period for Employment Insurance benefits. c) In respect of the period of maternity leave, payments made according to the Supplementary Unemployment Benefit Plan will consist of payments equal to the difference between the Employment Insurance benefits the employee is eligible to receive and ninety percent (90%) of her regular rate of pay at the time maternity leave commences, less any other monies received during the period which may result in: a decrease in employment insurance benefits to which the employee would have been eligible if no extra monies had been received during this period. d) Regular rate of pay shall mean the rate of pay the employee was receiving at the time maternity leave commences, but does not include: overtime, or any other form of supplementary compensation. During the period of maternity leave, if permissible under the relevant plan, the Employer shall continue to pay its share of Pension, Health & Dental and Group Life Insurance. The employee also agrees to pay her share. When an employee decides to return to work after maternity leave, she shall provide the employer with at least two (2) weeks notice. On return from maternity leave, the employee shall be placed in her former position or if that position no longer exists one of equivalent stature within the organization. Employees shall be permitted to accumulate vacation credits while on maternity leave. Parental Leave Parental leave shall be unpaid and cover a period of up to thirty-seven (37) weeks after the birth of a child or adoption of a child under the age of nineteen. During the period of parental leave, if permissible under the relevant plan, the Employer shall continue to pay its share of Pension, Health & Dental and Group Life Insurance. The employee also agrees to pay his/her share. When an employee decides to return to work after parental leave, he/she shall provide the employer with at least two (2) weeks City of Saint John 15 January, 2009 72 Terms and Conditions of Employment Non-Union Administrative Personnel notice. On return from parental leave, the employee shall be placed in his/her former position or if that position no longer exists one of equivalent stature within the organization. Employees shall not accumulate vacation credits while on parental leave. PART SEVEN: General Probationary Periods All newly hired employees must serve a probationary period of 12 months from the date of appointment. During such period the Employer shall evaluate the suitability of the employee for continued employment. Upon successful completion of the probationary period, the employee shall be confirmed in the position. Workplace Conflict Resolution Procedure Workplace conflicts are to be resolved quickly, in an orderly fashion with the least possible anxiety for all concerned. The Employer is committed to the development and maintenance of a conflict resolution procedure whereby employees can bring matters of concern to their supervisor; ensure fair and equitable treatment for all employees; eliminate dissatisfaction, and resolve problems so that constructive workplace relationships are established and retained. In collaboration with our employees the City of Saint John will develop a Business Practice detailing procedures to be followed with regards to conflict resolution. City ofSaint John 16 January, 2009 73 REPORT TO COMMON COUNCIL April 27, 2009 .a His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: OR c , of IM-, RE: Land Use - Wetlands Compensation The City has been approached by representatives from Canaport LNG with a proposal to utilize two pieces of City owned land as part of the requirements they must meet regarding wetlands compensation. The requirements arise as part of the conditions of approval in the Environmental Impact Assessment (EIA) for the Canaport LNG facility. The purpose of this report is to provide an overview of the intended use of the City properties and to recommend supporting the work proposed by Canaport LNG and approval of an early access agreement that will allow for company and its representatives to complete more detailed engineering and design work. ANALYSIS Several components of the Canaport LNG development impacted wetlands in that area. Provincial environmental regulations require that the loss of wetlands be compensated for through development of new wetlands or enhancement or enlargement of existing wetlands. Approximately 19 hectares of wetlands were impacted and based on the multiplier formula in the regulations, the equivalent of approximately 48 hectares must be provided for compensation. Canaport would like to find an opportunity for a major portion of that compensation to take place within Saint John. To date two projects have been identified within the City, Cold Brook and Marsh Line. A detailed description of the two projects is attached. Both of these projects are in the Marsh Creek waterway. Common Council has previously heard from and given its support to the Marsh Creek Restoration Initiative (MCRI) developer) by ACAP. The MCRI is also one of the priority projects identified in the City's Integrated Community Sustainability Plan. 74 The concept developed by ACAP envisioned development of one or more areas of wetland along Marsh Creek as well as along the various tributaries. It called for trails and bike ways through and where possible linking components of a linear open space system, providing the options of short walks with wildlife viewing and interpretation, as well as longer walk or bike outings, and even provide a portion of an active transportation commuter route. The route along Marsh Creek may also be useful to allow removal of any impediments to water flow. The proposals for the two locations are generally in line with the concept of the MCRI. These projects will result in increase wetland function; flood retention and increase public access to these areas. In addition as part of the work being proposed by Canaport LNG consideration will be given to possible trail development in the Marsh Line area and a public interpretation site for the Cold Brook property. In order to finalize the plans for these sites and to ensure that the proposed work is financially viable Canaport LNG requires the City's approval to access the lands to collect engineering data and complete environmental studies. It is anticipated that this work will be completed during the summer and early fall of 2009 with an aim to completing the restoration projects in 2010. RECOMMENDATION: That Common Council endorse the wetlands remediation projects proposed for Cold Brook and Marsh Line as described in the attached materials and That the Mayor and Common Clerk be authorized to sign the attached agreement between the City and Canaport LNG to allow for access to these properties to carry out engineering and environmental assessments. Respectfully submitted, Andr w P. B Deputy Cit ~1V ~ l 01/ C`. A Terry L. Totten F.C.A. City Manager 75 City of Saint John - Proposed Wetland Compensation Projects BROOK COLD B , 10 L e L ACM- COMPENSATION CT DESCRIPTION The proposed Cold Brook Wetland Enhancement initiative is located on the northern side of the Golden Grove Road in east Saint John (66° 0'57.09" West; 45° 19'4.36" North). The land area is immediately surrounded by several converging streams. A residential subdivision is situated approximately 25 m to the north-west of the flood storage area and a second subdivision is located approximately the same distance to the south-east. The two subdivisions are provided potable water and wastewater collection through a municipal water supply system and a municipal sewerage system, respectively. The subdivisions regularly flood during spring freshets. Frequently, the floods create backups in the municipal sewer system of the area, resulting in contamination of Cold Brook. The existing berms were constructed to address the flooding problem in the surrounding subdivisions. The elevation of the floodplain ranges from approximately 1.5 m on the western side (even with the water level of Cold Brook) to 1.9 m on the eastern side. The floodplain measures 58 260 m2 in area. The berms surrounding the water storage area are approximately 4 m in height and form a perimeter 1 152 m in contour. Water flowing in a south-easterly direction now enters the Cold Brook flood storage area via a notch in the western wall of the berm; however, the system fails to adequately retain water and is therefore ineffective at controlling flooding in the surrounding areas. Prior to the construction of the flood storage berm and storage system, the floodplain was vegetated. The area is now barren of plant life, which limits its water retention capacity. Refer to Figure 1 for a present day aerial photograph of the site, as well as a conceptual rendering of the area following the proposed wetland enhancement work. It is proposed that the Cold Brook restoration initiative will result in a compensation area of 8.80 ha. The perimeter of the compensation area follows the boundary of the property, the full expanse of which is included in the restoration design. The primary objectives of this wetland restoration project are to: V improve the absorptive capacity of the Cold Brook flood storage area to enhance its flood-control performance; 4' create a channel around the perimeter of the floodplain, within the berm; 'Id create two water retaining ponds within the channel; iY vegetate the floodplain around the channel and ponds with native wetland species; and 4' increase public access to this site to highlight wetland importance. 4809-80 www.fundyeng.com 08 April 2009 76 City of Saint John - Proposed Welland Compensation Projects COMPENSATION PROJECT PROCESS The plan to enhance the Cold Brook wetland from a barren and ineffective flood control system to a functional wetland and flood control system will involve several components. The step-wise restoration process has been defined as follows: 4' site evaluation and site plan development; I' water and soil sampling; V permit application; 'K tender call for construction work; 'I' award contract to successful bidder; V site work (site preparation, grading, berm reshaping); '1# native plant seeding and re-vegetation; 'a ancillary structure construction (e.g. observation deck, bench, and interpretative signage); and i' monitoring program. COMPENSATION PROJECT SCHEDULE The tentative project schedule is to conduct field testing, complete the engineering designs, and obtain the necessary permits in 2009 and move toward wetland restoration in 2010. Ongoing monitoring will occur 1, 3 and five years after completion to ensure that wetland functions are sustaining.' The wetland restoration work could be completed in 2009 if the project activities are completed in a timely fashion. ' Please note that the schedule and work scope may be adjusted depending on internal schedules and schedules of other parties, including Public Involvement requirements of the City, project costing, and conditions attached to provincial and federal regulatory approvals. 4801-80 www.fundyeng.com 08 April 2009 77 v W City of Saint John - Proposed Wetland Compensation Projects gL-_ d I,~ kof notch 11.1 •.L ,j lom F - ti t t~ e av " n of a road s ' (road e v `on = 3.1 ) r 5rtat 4Qm- n ve-ie wcrl t _ - - ' ms and a ' t 4 l tj;- -Inch and Figure 9. Cold rook Wetland Enhancement. 4801-80 www.fundyeng.com 3 08 April 2009 City of Saint John - Proposed Wetland Compensation Projects 4 C-` r COMPENSATION PROJECT _ESCkIP°Tt eJ Marsh Creek is the largest urban watershed in Saint John and extends 11.42 km from the headwaters in Renforth Bog to Courtenay Bay, with a drainage basin of 4 180 ha. Marsh Creek extends through eastern Saint John and is fed by the following five tributaries: Little Marsh Creek, Cold Brook, Ashburn Brook, Major's Brook, and Fisher Lakes Tributary. Wetlands along Marsh Creek have been reduced in size and functional value by commercial, residential, and industrial developments. Marsh Creek forms a large urban watershed that is connected to many watercourses. Pollution (direct domestic wastewater and indirect industrial pollution) is currently received through this wildlife corridor. Specific pollution concerns include raw sewage inputs, continued commercial and industrial development in area, and creosote contamination. The proposed Marsh Line Wetland Enhancement project seeks to restore portion of Marsh Creek along the channelized creek bed. Refer to Figure 2 for a present day aerial photograph of the site, as well as a conceptual rendering of the area following the proposed wetland enhancement work. It is proposed that the Marsh Line Enhancement initiative will result in a compensation area of 10.30 ha. The following list identifies potential key features of the proposed compensation initiative: 4' restore wetland areas along channelized creek bed; 4' re-establish functional riparian buffer areas by planting vegetation; enhance fish and wildlife habitat complexity by placing large woody debris at selected locations and erecting nesting platforms; and, 4' restore the wetland, and construct the flood control structures in a manner to accommodate a future multi-use trail system. 4801-80 www.fundyeng.com 08 April 2009 79 City of Saint John - Proposed Wetland Compensation Projects COMPENSATION PROJECT PROCESS 5 The plan to enhance the Marsh Line Wetland from a low-grade stagnant system to a vibrant and functional wetland will involve several components. The step-wise restoration process has been defined as follows: V site evaluation and site plan development; ' water and soil sampling; it permit application; V tender call for construction work; V award contract to successful bidder; site work (site preparation, grading, berm reshaping); V native plant seeding and re-vegetation; x ancillary structure construction (e.g. design consideration of a future multi-use pathway); and 4' monitoring program. COMPENSATION PROJECT SCHEDULE The tentative project schedule is to conduct field testing, complete the engineering designs, and obtain the necessary permits in 2009 / 2010 and move toward wetland restoration in 2010 / 2011. Ongoing monitoring will occur 1, 3 and five years after completion to ensure that wetland functions are sustaining.2 2 Please note that the schedule and work scope may be adjusted depending on internal schedules and schedules of other parties, including Public Involvement requirements of the City, project costing, and conditions attached to provincial and federal regulatory approvals. 4801-80 www.fundyeng.com 08 April 2009 80 City of Saint John - Proposed Wetland Compensation Projects Figure Marsh Line Wetland Enhancement. 6 4801-80 www.fundyeng.com 08 April 2009 THIS AGREEMENT made this _ day of 12009. BY AND BETWEEN: THE CITY OF SAINT JOHN, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, hereinafter the "City" OF THE FIRST PART - and CANAPORT LIMITED, hereinafter the "Company" OF THE SECOND PART WHEREAS the City is the owner of lands described as follows: (1) Parcel C on a plan filed in the Saint John County Registry Office as No. 1457 and designated by PID #55024921; and (2) Two (2) parcels of land on the northern side of Golden Grove Road and designated by PID's #299289 and #55012280, (the "Lands"); and WHEREAS the Company seeks access to the Lands to carry out inspections, surveys and testing; and WHEREAS by resolution adopted at a meeting of the Common Council of the City of Saint John held , 2009 gives to the Company access to the Lands to carry out inspections, surveys and testing upon such terms and conditions as are hereinafter set out; 1. The Company, by its authorized representatives, with such equipment as may be necessary has a right of access to, in and upon the Lands at any time provided such right is exercised with as little disturbance as possible to the City and does not unduly interfere with the City's use of the Lands at such times and for such purposes hereinafter set out: 82 Access Agreement -2- a) the right of access is to allow the Company to carry out such inspections, surveys, testings and environmental audits as the Company shall deem necessary; b) the right of access to, in and upon the Lands shall terminate at 11:59 p.m. local time on the 31 st day of October, 2009; c) any entry to, in and upon the Lands shall require 24 hours prior written notice to the City Manager of the City; d) any entry by or on behalf of the Company shall be at its and their risk, cost and expense and the Company shall make good any and all damage caused to the Lands; e) the Company shall promptly repair, restore or reimburse the City with respect to any damage, including but not limited to consequential and/or economic damage, expense or loss sustained or incurred by the City and resulting from the Company's exercise of its right of access as herein provided; f) the Company shall deliver to the City, within thirty (30) days of the Company's receipt, copies of all reports, records, vouchers, invoices, estimates, quotations and any other materials in any way relating to, arising from or produced as a result of the Company's right of access with respect to the Lands or any neighbouring properties; g) nothing contained in this Agreement shall be deemed to authorize or permit the Company to request any inspections of the Lands by or on behalf of any Government Authority; h) the Company shall not exercise any access in, to and upon the Lands until the Company shall deliver to the City a Certificate of Insurance naming the City as an additional insured, evidencing a policy of commercial general liability coverage on an "an occurrence" basis and containing a cross liability clause, which policy must have an inclusive limit of not less than Two Million ($2,000,000.00) Dollars. The aforesaid Certificate must provide that the coverage shall stay in force and not be amended, cancelled or allowed to lapse without thirty (30) days prior written notice being given to the City Manager. The aforesaid insurance coverage must remain in full force and effect during the entire term of this Agreement; 83 Access Agreement -3- i) the Company for itself and its authorized representatives hereby indemnifies and saves harmless the City from and against all matters arising by reason of the exercise by the Company or by its authorized representatives of the rights given by this Agreement. IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed by the properly authorized officers and their respective corporate seals affixed hereto the day and year first above written. SIGNED, SEALED & DELIVERED) In the presence of ) } THE CITY OF SAINT JOHN Mayor Common Clerk } Common Council Resolution: 2009. CANAPORT LIMITED Per: And: 84 Service New Brunswick Service Nouveau-Brunswick l~l P~i P u I l ~ M II ~J ~ ll ~ I 0., 1 il V o l ,i I M ~ V i v! V I pp! N ~pp „ ~ V ~ v IP P~ II ~ mm I ~~II it P ~ ~ ~ ~ ~ u1 P° a N r ~ ! . o II I ' r IX 'llll~.l ,m,.ll~, il~ yNIP ~I III ~~lmuuu~' II"',"a I ru IlflmuuullumumYlYiillYlrl~"^~ °°"~I~~ n u o w wll„ r a Ali r l; ~Vl~~dl~Ia u~ 1p lie Id, ~11 /il V V M ha " of 0 ~w"r 4m k ~ V V V V I VV VV t V N ~ v ~ V J~~I V 4V u r % 1 V" VV u l o e a " Iq~ . I , V ' - - °d I ~I VV a ~ uV I V' p6 V ~ . ~ I V m~ f~ III u Vr ~ V IY. ~ YI M r. V ~ i 1 VV r'', 1 V V p I II , ! Map Scale 1 Echelle cartographique 1 : 4473 While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This reap is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. Mgme si cette carte n'est peut-titre pas libre de toute erreur ou omission, touter les pr6cautions ont 6t6 prises pour an assurer la meilleure quality possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elie n'a aucun caract&re officiel et ne doit donc pas servir A la r6daction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou de sa superficie. 85 Service New Brunswick Service Nouveau-Brunswick I 1 I( I Ie I nµ11 rl lu" b rc III '~li IIIIIIIIIIIIIII ~ulpd IP VIII I ""II'lilmlllllllilllllllllllllllilllllll (IIIIIIIIIIIIIIIII°ml, yMp'! 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This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. Mime si cette carte n'est peut-8tre pas libre de toute erreur ou omission, toutes les pr6cautions ont M6 prises pour en assurer la meilleure qualit& possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elle n'a aucun caract6re officiel et ne doit donc pas servir 6 la r6daction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou de sa superficie. 86 Service New Brunswick Map Scale 1 tchelle cartographique 1 : 8162 While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. M8me si cette carte n'est peut-titre pas libre de toute erreur ou omission, toutes les pr6cautions ont M6 prises pour en assurer la meilleure quality possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elie n'a aucun caract6re officiel et ne doit done pas servir A la r6daction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou de sa superficie. 87 Service Nouveau-Brunswick I V ~ u i ii mm IIIIIII III F OPEN SESSION M & 0009 - 119 April 23, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Harbour Station Lighting Upgrade City of Safta Jahn BACKGROUND In December 2008, the City of Saint John in cooperation with Harbour Station engaged MCW Maricor to deliver a detailed energy audit of the Harbour Sation lighting systems. The objective of the study was to evaluate the current state of energy usage within the facility and provide energy conservation opportunities for energy reduction. The report recommends the upgrade of the existing ice surface lights, including the existing interior areas lights (i.e. offices, dressing rooms, etc). The lighting systems in the facility are not energy efficient and are due for replacement. The existing lights were installed in the early 1990's. ANALYSIS The installation of the new lighting systems will provide the following benefits: 1. Estimated annual savings of $16,000 (based on current costs of electricity in New Brunswick). 2. Estimated annual greenhouse gas emission reduction of 200 tons of CO2. 3. Deferred maintenance cost of approximately $10,000 whereas the existing ice surface lights are due for re-lamping. 4. Reduce annual light maintenance cost. 88 M & C 2009-119 -2- April 23, 2009 The total capital cost for this installation is approximately $110,000+HST with an approximate 6.7 year payback. The City of Saint John will receive grants in the amount of $12,000 from Efficiency NB and the Federal government under the ecoEnergy Retrofit Incentive Program for Buildings ($6,000 each). This Capital expenditure was not planned for 2009, however this expenditure makes financial sense for the City of Saint John and will avoid future expenditures that will exceed the amount of the capital investment. The Commissioner of Finance has been apprised of this proposal and concurs with the recommendation. RECOMMENDATION Your City Manager recommends that additional funding in the amount of $110,000+HST be allocated under the 2009 Capital program for the lighting upgrade at Harbour Station. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner Buildings and Inspection Services Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager 89 M & C2009 - 114 April 21, 2009 His Worship Mayor Ivan Court and Members of Common Council III, LA k ~ A. [Jifl. Your Worship and Members of Council, SUBJECT Amendment to Easement Acquisitions - 276 and 312 Rothesay Avenue (PID 303693 and PID 55196919) BACKGROUND At its March 30, 2009 meeting, Council adopted a resolution to acquire three easements over two parcels of land owned by L.T.S. Investments Inc., as illustrated on the attached tentative subdivision plan. One of these easements is being acquired by Grant of Easement, and the other two are going to vest in the City upon the filing of the Subdivision Plan. These easements were required for an existing City sanitary sewer line that was installed in the 1970's at the rear of properties located on the eastern side of Rothesay Avenue. At the time of installation, the City did not secure all the necessary Grants of Easement to enter the lands along Rothesay Avenue for the purpose of constricting, altering, maintaining, inspecting and repairing the sewer. Under the Community Planning Act, Council is required to assent to any municipal services easements which will be vested by Subdivision Plan. The March 30th recommendation to Council did not include this requirement and this is therefore the purpose of this report to Council. RECOMMENDATION That Common Council amend its resolution of March 30, 2009 by adding the following at the end of the resolution, "4. That Common Council assent to the attached photo-reduced Tentative Subdivision Plan - L.T.S. Investments Inc. with respect to any necessary municipal services easements." Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner, Planning and Development 11 - m -0 ~1 ~ ~ Terrence L. Totten, F.C.A. City Manager 90 KET P~\ SCALE: 1.20.000 \ ~ 4e ra.Y g'ztf PART ~C PAR, B V i ~ PART A ~ ~ ! TE E N 1. u TS - TMENTS1 SUBCMMN G . \ A R3T B PAST C' 8 PART IIIIEITI 2 B ~ > c xwa. f w ~,••n n..: 9nUliUh S R EYS 20C,i lIJ O f r f "x5 `k The City of Saint John PROCLAMATION WHEREAS: May 4-110, 2004 is Emergency Preparedness Week in Canada; and W"HEREAS": Emergency Preparedness Week is designed to increase public awareness of the importance of personal preparedness to cope with emergencies; and WHEREAS: Emergency Preparedness is a shared responsibility in which every person can help reduce risks we face by learning how to better prepare ourselves, our families and our community; and WHEREAS: in times of crises, the (City of Saint John, its citizens, staff and the agencies of the Saint John Emergency Management Organization, have collectively demonstrated their commitment to provide for the safety, health and welfare of citizens, the protection of property and the environment and the ability to respond to emergencies in a highly professional and safe manner; and WHEREAS: an informed, prepared and cooperative public is vital to effective emergency preparedness planning and emergency response; NOW THEREFORE: 1, Mayor Ivan Court, Saint John do hereby proclaim the week of May 3-9, 2009 as "Emergency Preparedness Week" in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the ,r, r f f 9` The City of Saint John PROCLAMATION SAINT JOHN WHEREAS: The Canadian Senate and Parliament have declared the month of May as Asian Heritage Month in recognition and acknowledgement of the long and rich history of Asian-Canadians. The Canadian Government also recognizes the contributions of Canadians of Asian descent who have helped to improve the quality of life and build Canada, the best country in the world; and WHEREAS: other provinces and cities across Canada including Halifax, Montreal, Calgary, Edmonton, Fredericton and Vancouver have been holding annual festivities during the month of May to celebrate Asian Heritage Month; and WHEREAS: the Asian community in Saint John has participated fully in the political, economic, social, educational and cultural life of our City, and has contributed to the development and the continuing; growth of Saint John; and NOW THEREFORE: I Mayor Ivan Court ell of Saint John do hereby proclaim the month of May as Asian Heritage Month and invite all residents to join in the celebration and acknowledgement of the contributions of Asian Canadians in our community, In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. P.O. Box 1971 Saint John, NB Canada E2L 41 V wwwsaintjohn.ca N CA 1971 51-1uo i l Canada E2L 41 93 9 ' The City of Saint John PROCLAMATION SAINT JOHN WHEREAS: the New Brunswick Lung; Association strives to improve respiratory health through education and research; and WHEREAS: respiratory disease is the third leading cause of death in Canada; and WHEREAS: 2,744,000 Canadians are living with asthma, including 75,000 people in New Brunswick, and WHEREAS: reported incidents of asthma has increased by nearly 50% in less than 10 years; and WHEREAS: a public awareness campaign is needed to educate the public of the importance of good respiratory health and the importance of air quality; and WHEREAS: it is imperative for those with asthma and those who have children with asthma to know that they can control their asthma and their child's asthma; and WHEREAS: the Lung Association was founded in 1900 to fight tuberculosis and continues to this day to be committed to the elimination of respiratory disease such as asthma, tuberculosis, COPD, lung cancer, to promote clean indoor and outdoor air quality, and a smoke-free lifestyle; NOW THEREFORE: 1, Mayor Ivan Court, of Saint John do hereby proclaim the May 5`' 2009 as World Asthma Day and be it further resolved that people of Saint John be encouraged to seek information about asthma and other lung diseases and their roles in its prevention and control. In witness whereof I have set any hand and affixed the official seal of the Mayor of the City of Saint Johan. P.O. Box 19,71 Saint Jahn, NB Canada E71. 41.1 1 w wsaintjohn.ca I C.P. 1971 Saint 94 96 i r i _ i 96 i CHAPTER E-7.1 Emergency Mews ms Act Assomed to June 28, 19 7M Chapter Outline 11:41-9-Rs VI ATIO v t'Ys-S l rU Bets.. 1 ktinpForc€,- farce uen d':Sftnff - Msfflue - sztetaira3 t a7'€a„carse p g romnurs plan pUt d: mcsttres d°t e l-e; •s- Mcasur c~ Ckpatnnainn - Org,nntsawn 98 CHAPITRE E-7.1 € stir les esdres € 'urgentce r amvrra e€ ee le : €et 1978 WTERPRtTATTON' t~~izt€t~rs Ca i r3t 1:a men, de to ' usttc M do 1't mmm-iArau wcoems au€matd-WErkplac €th.3afetvand Cn mr CaMr msmo desante - dinsw €etlr - Dumbr _ €d's - gift ^',sy 1 ~ ~i~ = = rear 99 I 100 L. L a ZI6oo-08 UARAW -9 STANDARDS kSg+lGE 6I-DR - - - sf.3 Emergency management and business continuity programs 101 rnber )07 i IS YOUR FAMILY PREPAKED? 102 _ I 9 VIII' I Ali 1I I _ ~ rl y , III I I , I~ I N;,, F L. i I 1 , I ~ r I tt 1 f V I ~ ~w ~ ed J I . II I t 41 i I il i III I r III '~Y It ~ a r +r.+~ ~►4 1 , I r III( I' Il ..r t r l l 1~ I I. I , I I I I{ CD r I II II I r-., ~ I VIII - f~ I r . f i a I d i r , An Emergency /Management Framework for Canada 4 f ! Al d 1 .tea. _ ~'i 11{ -r I ek~ryu MMk 9w } lL Y A w w 'w'w p ~fi m wt'' 11 A ill n„ 7~ ~ an I i - { 77- a ministers Responsible for Emergency management a11a.C.~. /.~berta COL MHI6A SXdUUAP1J'1 YD Bt Cw,Jn'~ N66'A A ` .~4 .,rtmay(j o H.mrwwr Jyswpek ~0"rs: _ Flunwvt &Ontarfo ,~grd'Qu~bacv" 111 105 An Emergency Management Framework for Canada Published by Emergency Management Policy Directorate Public Safety and Emergency Preparedness Canada Ottawa K1 A 0P8 www. PublicSafety.gc.ca Canada Ab3M c " %an;w~u3r Bt a r".= 4aRh~ ttrnu ~ ~ Ontario ~ fs~w Qu~beCn a aim. 11~GD1! 106 sa r-- A PRtAMBLE The federal, provincial and territorial (FPT) governments joined efforts to produce this document towards the establishment of a common framework for the various FPT emergency management initiatives. This framework aims to enable consolidation of FPT collaborative work and ensure more coherent, complementary actions among the different FPT governmental initiatives. This framework gives effect to the January 2005 decision taken by the FPT Ministers responsible for emergency management to work together to improve and enhance the emergency response framework in order to harmonize the federal system so that it complements each provincial and territorial system...". This framework also gives effect to a decision taken at the July 2004 Council of the Federation meeting, where Premiers agreed to direct their Ministers to work with the federal government to develop a coordinated strategy for emergency response and readiness for Canada, respecting provincial and territorial laws and plans already in place Each FPT government has a responsibility for emergency management and public safety in Canada. This document shall be interpreted in full respect of each government's jurisdiction and nothing in this document shall be construed to derogate from respective governments' jurisdiction. 107 Y j INTRODUCTION In Canada, emergency management adopts an ail-hazards approach that addresses both natural and human-induced hazards and disasters. These are increasing in bath number and frequency across the world, resulting in ever growing human suffering and economic cost. Canada is not immune to these events. Natural and human-induced hazards and disasters have become more prevalent in urbanized societies and terrorist attacks on western targets are likely to persist. These events can have profoundly negative effects on Canadians. Most emergencies in Canada are local in nature and are managed by the municipalities or at the provincial or territorial level. Moreover, accumulating risks associated with factors such as increased urbanization, critical infrastructure dependencies and interdependencies, terrorism, climate variability and change, animal and human health diseases and the heightened movement of people and goods around the world have increased the potential for various types of catastrophes. Such events could transcend geographic boundaries to challenge FPT emergency management, including response. The fundamental concepts and principles outlined in this framework flow from emergency management activities and measures undertaken in Canada. This point of reference supports legal and policy frameworks, programs, activities, standards and other measures in order to enable and inspire all emergency management partners in Canada to work in better collaboration to keep Canadians safe. This framework is subject to revision based on a dynamic environment. Every five years, FPT governments will review the framework together to ensure that it remains accurate and relevant as emergency management evolves in every jurisdiction In Canada. 108 ~y EMERGENCY MANAGEMENT COMPONENTS The ultimate purpose of emergency management is to save lives, preserve the environment and protect property and the economy. The protection of life is of paramount importance. In the broadest sense, emergency management raises the understanding of risks and contributes to a safer, prosperous, sustainable, disaster resistant and resilient society in Canada. Emergency management is comprised of four interdependent risk-based functions as follows; Prevention and Mitigation- to eliminate or reduce the impacts and risks of hazards through pro-active measures taken before an emergency or disaster occurs, for example land-use management, public education and protective structures such as flood dykes. Prevention and mitigation may be considered independently or one may include the other. Preparedness- to be ready to respond to a disaster and manage its consequences through measures taken prior to an event, for example emergency response plans, mutual assistance agreements, resource inventories and training, equipment and exercise programs. Response to act during or immediately after a disaster to manage its consequences through, for example, emergency public communication, search and rescue, emergency medical assistance and evacuation to minimize suffering and losses associated with disasters. Recovery- to repair or restore conditions to an acceptable level through measures taken after a disaster, for example return of evacuees, trauma counseling, reconstruction, economic impact studies and financial assistance. There is a strong relationship between long-term recovery and prevention and mitigation of future disasters. 109 These four interdependent functions may be undertaken sequentially or concurrently, but they are not independent of each other. Emergency management in provincial, territorial and federal governments adapts a comprehensive all-hazards approach to coordinate and integrate prevention and mitigation, preparedness, response and recovery functions to maximize the safety of Canadians. Ensuring a strong and seamless relationship across these functions and with appropriate emergency management partners is critical to effective emergency management. Traditionally, emergency management in Canada has focused on preparedness and response. The changing risk environment now demands that emergency management also deal with specific risks, hazards and vulnerabilities through prevention and mitigation measures in advance of emergencies and disasters. Greater attention or investment in prevention and mitigation can help prevent disasters or significantly reduce the social, economic and environmental costs and damages when events occur. 110 0 PRINCIPLES The principles described here are at the heart of an emergency management framework for Canada, They reflect the essence of emergency management in Canada and they frame the key underlying beliefs and goals of emergency management. These principles are to be considered as a whole to facilitate the attainment of their intended purpose. They aim to support the design, implementation and ongoing improvement of frameworks, programs, procedures, guidelines and activities that taken together comprise the emergency management systems of Canada, Responsibility Emergency management roles and activities are carried out in a responsible manner at all levels of society in Canada. Legal and policy frameworks and other arrangements establish guidelines and standards to ensure that due diligence is exercised and accountability is respected in the conduct of emergency management activities. Emergency management responsibilities in Canada are shared by FPT governments and their partners, including individual citizens who have a responsibility to be prepared for disasters. Provincial and territorial governments have responsibility for emergency management within their respective jurisdictions. The federal government exercises leadership at the national level relating to emergency management responsibilities in its exclusive fields of jurisdictions and on lands and properties under federal responsibility, In an emergency, the first response is almost always by the municipalities or at the provincial or territorial level because disasters occur most often locally. Should a provincial or territorial government require resources beyond their own in an emergency or disaster response, the federal government responds rapidly to any request for assistance by a provincial or territorial government. Comprehensive FPT governments have respectively adopted a comprehensive approach to emergency management. The approach is proactive and integrates risk-based measures, all-hazards, partners from all parts of society and coordinates and balances efforts across the prevention and mitigation, preparedness, response, and recovery functions. ill k ~Y . ~ I Partnerships All Canadians are involved in emergency management. Individua[ citizens, communities, municipalities, and federal, provincial, territorial governments, First Nations, emergency first responders, the private sector (both business and industry), volunteer and non-government organizations, academia, as well as international allies may be involved in emergency management. Good partnerships based on effective collaboration, coordination and communication are a key component of FPT emergency management systems. Coherency of Action Emergency management requires collaboration, coordination and integration to facilitate complementary and coherent action by all partners to ensure the most effective use of emergency management resources and execution of activities. Complementary emergency management systems at all levels are to provide for concerted efforts to facilitate timely and effective prevention and mitigation, preparedness, response and recovery measures to deal with disasters. Coherency of action relies on the existence of clear and appropriate roles, responsibilities, authorities and capacities of emergency management partners. Collaborative action based on widely shared expectations, understanding and support for these factors are key to coherency of action. Risk-Based A risk-based approach informs the interdependent functions of emergency management in Canada. This approach emphasizes the importance of assessing vulnerability to all hazards at the outset to determine the optimal balance and integration of functions to address vulnerabilities and risks. The presence of a hazard or a threat that is related to a vulnerability constitutes a risk. Risk management practices facilitate improved decision-making by clarifying the dimensions of risk, including its causes, likelihood of occurrence and possible severity of consequences. Placing greater emphasis on risk reduction measures is a sustainable way to address the trend of rising social-economic costs of disasters that has occurred under approaches focused heavily on preparedness and response. 112 r, ,r l Emphasis on 'up-stream' prevention and mitigation activities reduces susceptibility to hazards and increases resiliency. This focus is critical because although many hazards cannot be prevented, disasters may be prevented. A systematic assessment of hazards, threats, risks and vulnerabilities relating to people in a geographic area or an organization by appropriate authorities should be carried out before appropriate emergency management measures may be developed. Inadequate management of risks can produce extreme adverse consequences for society, communities, organizations or individuals. Recognized, flexible and effective risk-based approaches allow emergency management activities, programs and systems to be tailored to address particular environments and to accept that living with certain risks may be both prudent and safe. All-Hazards Emergency management adopts an all-hazards approach in every jurisdiction in Canada by addressing vulnerabilities exposed by both natural and human-induced hazards and disasters, Hazards are sources of potential harm or loss. Emergencies and disasters result when a hazard interacts with a vulnerability to produce serious and adverse consequences that may, for an undetermined period of time, exceed the ability to cope. Natural hazards and disasters that are relevant to emergency management include extreme natural events such as floods, hurricanes, storm surges, tsunamis, avalanches, landslides, tornadoes, wild-land urban-interface forest fires and earthquakes. Human-induced disasters that concern emergency management include intentional events that encompass part of the spectrum of human conflict, such as terrorist or cyber attacks, They also include electrical power outages or other disruptions to a critical infrastructure sector (for example, finance, water supply and telecommunications) that result from a human or technological accident or failure. In addition, biological hazards, for example animal or human health diseases that risk causing a pandemic influenza, concern emergency management in Canada. Each hazard should be identified and assessed by appropriate authorities in order to prioritize hazards against potential vulnerabilities in society. By assessing the risks associated with all hazards in an integrated way, efforts may be broadly effective in reducing the vulnerability of people, property, the environment and the economy. 113 Resilience Resilience is the capacity of a system, community or society to adapt to disturbances resulting from hazards by persevering, recuperating or changing to reach and maintain an acceptable level of functioning. Emergency management aims to strengthen the resiliency of citizens, responders, organizations, communities, governments, systems and society overall to keep hazards from becoming disasters. Resilience minimizes vulnerability or susceptibility to damage from hazards by creating or strengthening social and physical capacity in the human and built-environment to cope with, adapt to, respond to, and recover and learn from disasters. Clear Communications FPT governments aim to be as open as possible about the work each of these does in emergency management. Clear communications by appropriate authorities are a critical and continuous process before, during and after an emergency. Prior to an emergency, communication objectives focus on public education concerning emergency management to enhance awareness of hazards, risks and vulnerabilities; strengthen prevention, mitigation and preparedness measures; and provide information on all aspects of emergency management. Public alerting communicates warning messages that a disaster is imminent. Communications during and directly after a disaster explains and guides immediate response actions to minimize impacts and protect safety. These communications are instructive on the requirements for short, medium and long-term recovery. Continuous Improvement lessons learned and knowledge generated from evidence-based and qualitative information is used to develop improved practices, which are shared widely. After emergencies or disasters occur, a systematic approach is used to learn lessons from the experience, increase effectiveness and improve emergency management practices and processes. Recovery from a disaster may be completed by documenting and internalizing lessons learned. Continuous improvement, including incremental and transformational change, is undertaken systemically as an integral part of emergency management functions and practices at all levels, as appropriate, to minimize the recurrence of problems. 9 114 I' s ~ ky~ i CONCLUSION An emergency management framework for Canada is established through FPT governments' emergency management systems. The framework alms to encourage this important contribution of FPT governments in partnership with others towards the effective functioning of an emergency management framework for Canada enhancing the public safety of Canadians, 10 115 r ~ GLOSSARY This glossary is provided for reference purposes and is not intended to modify existing definitions in various federal, provincial and territorial laws in effect. Critical infrastructure - essential underlying systems and facilities upon which our standard of life relies. Disaster- essentially a social phenomenon that results when a hazard intersects with a vulnerable community in a way that exceeds or overwhelms the community's ability to cope and may cause serious harm to the safety, health, welfare, property or environment of people; may be triggered by a naturally occurring phenomenon which has its origins within the geophysical or biological environment or by human action or error, whether malicious or unintentional, including technological failures, accidents and terrorist acts. Emergency- a present or imminent event that requires prompt coordination of actions concerning persons or property to protect the health, safety or welfare of people, or to limit damage to property or the environment. Emergency Management - the management of emergencies concerning all-hazards, including all activities and risk management measures related to prevention and mitigation, preparedness, response and recovery. Hazard- a potentially damaging physical event, phenomenon or human activity that may cause the loss of life or injury, property damage, social and economic disruption or environmental degradation. Mitigation - sustained actions taken to eliminate or reduce risks and impacts posed by hazards well before an emergency or disaster occurs; mitigation activities may be included as part of prevention. Mutual Assistance Agreement- a pre-arranged agreement developed between two or more entities to render assistance to the parties of the agreement. Partner- any individual, group, or organization that might be affected by, or perceive itself to be affected by an emergency. 11 116 Prevention- actions taken to avoid the occurrence of negative consequences associated with a given threat; prevention activities may be included as part of mitigation. Residence - the capacity of a system, community or society potentially exposed to hazards to adapt, by resisting or changing in order to reach and maintain an acceptable level of functioning and structure.. Resistance - the ability to resist or withstand impacts so that inevitable damage from an extreme event does not reach `disastrous' proportions, Risk- the combination of the likelihood and the consequence of a specified hazard being realized; refers to the vulnerability, proximity or exposure to hazards, which affects the likelihood of adverse impact. Risk-Rased- the concept that sound emergency management decision-making will be based on an understanding and evaluation of hazards, risks and vulnerabilities. Risk Management- the use of policies, practices and resources to analyze, assess and control risks to health, safety, environment and the economy. Sustainable- a sustainable approach is one that meets the needs of the present without compromising the ability of future generations to meet their own needs. Threat-- the presence of a hazard and an exposure pathway; threats may be natural or human-induced, either accidental or intentional. Vulnerability- the conditions determined by physical, social, economic and environmental factors or processes, which increase the susceptibility of a community to the impact of hazards. It is a measure of how well prepared and equipped a community is to minimize the impact of or cope with hazards. 12 117 Emergency management is a shared responsibility that builds a sustainable, prosperous and disaster-resilient society. 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II riT _ I t ~I~~I_I t,l II. .ter ~ ~ ~ 1 I•. ~ ~ ~ I ! ~~1 R S ' r ~ ~ ~ 1 I I # i t Jf ~ S- I I j I I = F- I- - a=~ I r - ~ 1 .7 ~ 1 Y ~ I I I r r 1 ~ ll l ! Y, { r I .I 11h (5 1 ~ n 111 I F ~ f ~ S ~ k ~ ,tip - ppJJ t~ ~ L' r F ✓ n n \1 f( { . ~ ~ 1 1 y'~ f l ~ .~I 1 4 ~ ~ t I I 1 ti I - ~ a 4 1' t i~ ~ j _ ' ~ ~ t~ ~ ~ ~ I ~ II - - - - ~ fI! ~ I / f I 4 ~ - _ , . ~ _ I . ~ ~ I E]. - iw1 IC { 1 _ . 144 gig 4 or m :t 01/09/2009 08:45 1 PLANNING AND DEVELOP PAGE 05/06 A,pplicatios for a Zoning By-law Amendment c Muni r°i Plw ,emarveR+ . Demande de modification A Palrrite sar le zonage Applicant Rented Wermation / Reasdpemeub our le demndeur Name of Appiicaat / Nom do dmaodw t - d 8 C vv ~ A (-E Mailing Address of applicam / Adduce postak da d=M&ur 3 ~ 1 0 w 4 e r 91N. Sk : N T "Y b 0 1N N a . C-1- m 4T4 POSW CDde ! Code poste C 2. rr . -YT~ _ Telephtme NmAcr / Nm*9 de t*bow C C 6 1 t I o b Hame / Domicile c',-( 494 i i o 4 Work / Travail <4L 6 k S^ r b Fnx Number / de t lbpapieur 9 6 6 Y -L TI ° Name of WWMy biwer (if diffamt) I Nom do propri&h (99 diR&=) Address 1 Ad= ?MW Code I Code posts] Property Worm2tion / Renseipements sur la proprW Lxation I F,mplacemcut _ c~ 9 4A, Zr " rT Civic # I No de voirie Street) Rne Ftil I NIP Let Area / SuperBcie du lot Street Frontage l Fa Trade sartie o ~~g Use of pnl'~drty ! tltilisati0m st~tle de la p~pri~ C J r r a w"Cc.~, L rw u _ MuuidjW ft laadUse Desi sOm ftgoaioo de utilization des terns or le plan mmuciopal Amendment Raluested / ModifKation dem adie M~'~"~'0I ion cSesigrv ~rii ri Present Ho eg/Zoua~act 1 rnu~~ essr~Cw~t~L Mec]earnDen'S0vRes4tnia o c- ~3 - _r1 Yi:v eC~ ~C~cVYlefCral DEv k( Change ZM * to / mw&c ttion da zwF i A-1 MNoe / an Tent Aroendmwt (mdicafa particaalar5) / M&f aom due terde (irtdigw la aft Fir ~rC ~s o~Gc-S. 146 01/09/2099 08:45 1 PLANNING AND DEVELOP PAGE 06/06 Dkvelopment Propoul / ProposWom d',mdnogement Demipdoo of Pmpoml / Deseriptm do la papasi4oa Q(oD~sir 7~ ka L 4,L~yD,v 'a~, i or. a rtr ACS. You must provide a scaled site plmi that ilhafrates yovp wo=L YM =Y also provide photographs, building plonk elevatian dra*ngs and arty other form of mformmriom 7h plan must show fhe dimenstonsofthe property, the locution ofall bwldaW, driveways, paring areas, 1mdscaping and signs, !t is itrgrortmd ilr~ d,e & *me between the pm perry hmmdury and buildings are drown, Ybiw dirges foarnir un plan dm site d lichmlle illustrant votre pmpositim Youspom ez Igakmenr foyrnir des photograp iq des plans de bdthnent, des dessins de plan Allvati et torte aadr forme de rensetgnemmnL Le plan doit indiper les dimensions de la propridt, !'emploaen mt de la lotalim des bdttment; des allies, des aims de stationmerm04 des mnowencents papagers et des panne= de signabsafiam 11 ad tmporlant d'indiguer to Zstrmce entre les limffm de !a p WIM et les badamts. Provide moos why these amts should be waved. / Fou w toot a= rmmpc et ooWnce= votm pgmtioo 9m puma it elte approav6m. THLS lktiGA ~S rv~sNC-D Zov~xwR . Plev I) k--Mk- L lkkuE iv o s< rti.. Ot~-c.T o N "t" lh-C f'1'(~ pt ode my ether utf mkoc about your popmW that would be hd*L / F=w tart aoite remeigoemmt mnoemat mft proposition qd pourrait km uWe, Signgme of AppU= I Signatue do demmodw Dale X~ B W ApplaMm Fee Bmloma l ei-jarrt les ir>ds de demmde de 400 s 1f yvu are not dm owner of the land in question please hm+e the owner sign below The signature of the owner is aatharhft this application to proceed foraomi&mdan by c4m mn Council. SiMMM of Owner (if %#mbk) Sigoatmc due popcid (sl y a liea) a 4 Si vows 0(espas le popr#tafre A terran en gumstion, vmlllerobtenir la signature du prvpr6hdre daps laparsre ei4mvs, La signature da prupit!taire mtor4mt le fraltencent dePte demmde poor re cetm der derv s0it1=1r*e ~nmsetl conmarnd , Dale: 7, Icy F 147 01/09/2009 08:45 1 PLANNING AND DEVELOP PAGE 02006 ~i 50 ~ 66 toil r . 12 r 46 i ■ 42 40 4, l 9a t.. 61 B ,Bmm2 \N i+ 4 ♦ ♦ 40 96 34 32 20 24 26A\, 1 22\ 26B 1st, \ 0 ~ ~ 111 J ~ 106 674 20 86 7 \ 1, 0 101 Ice' IL ,OO 95 148 O..J Qr rc"'k l+ Ir K FG~'~~-'•' I j I I T r Ca'TaelP (Y- {~'M 149 u pe Lar+a,..3 7 P F e FTC<< I r 150 ` Crcnmcc rev 1 o rice- ,z trc oc*' y r ` - 0 fF~~ c o rrTc e (f s3 FT. 151 City of Saint John INTERNAL INSERTION ORDER For i o Saint John use only. "SJTJ City Information Ad Date(s): April 14, 2004 SJTJ Independent Placement Date(s): " SJTJ Classifieds Date(s): Information for Ad (Boldface anything you want of i , Centre, Tab, etc,) INSERT ATTACHED Call t Action: Elizabeth Gormley, Common Clerk/refiere counale Contact: ell i its Telephone: (506) 658-2856 152 • Mill • 111 • AW'f PUBLIC -NOTICE AVIS PUBLIC Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: L Redesignate on Schedule 2-A and 2-C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No, 00015388. 2. Add the following to the list of Approved Commercial Developments in subsection 2.4.6.28; "w) a panel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388:" A public presentation of the proposed amendment will lake place at a regular meeting of Common Council on Monday, April 27, 2009 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE; To permit the establishment of business offices within the existing building. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by May 27, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.O. between the hours of 8:30 a.m, and 4:30 p.m,, Monday through Friday, inclusive, holidays excepted. Par les prisentes, un avis public est donne par Iequel It conseil communal de The City of Saint John a I'intenlion d'iludier la modification du plan d'aminagemenl municipal comme suit : I, la reclassification, i I'annext 2-A el 2-C du plan d'une parcelle de terrain dune superficie d'env:ron 360 metres cams, sitoee au 99, rue Hazen, et portant It NID 00015388, de zone rlsidrnrieRe de demsitl m®yenme i zone d'aminagemmt commercial approuvd, 2. 1'ajout de la parcelle de terrain suivanle i la lists des aminagemenis commerciaux approuvis a I'alin6a 2,4.6.28: rr w) one parcelle de terrain d'une superficie d'environ 360 males carrel, siluie an 99, rue Hazen, el portanl le NID 00015388. n Une prisenlalion publique du projet de modification aura lieu lors de la reunion ordinai% du conseil communal It lundi 27 arril 2009 Bans la salle du conseil, au niveau du hall d'entrie, a l'h6lel de ville, RAISON DE LA MODIFICATION: Permetire I'aminagement des bureaux d'aflaires i finl6eur du bitiment existanl, Veuillez faire part an conseil par 6crit de vos objections on projet de modification all plus lard It 27 mai 2008 a I'altention du scussigni, Pour Ionic demande de renstignemews, veuillez communiquer avice It bureau du groffier communal on le bureau de I'urbanisme et du developpement i I'h6lel de villa an 15, Markel Square, Saint John, N: R„ enlre 8 h 30 el 16 h 30 du lump au vendredi, sauf lesjours f6ri6s. Elizabeth Gormley, Common Clerk Elizabeth Gormley, Gref66re communale 658-2862 658 2862 1 1 ' 153 PROPOSED MUNICIPAL PLAN AMENDMENT RE: 99 HAZEN STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2-A and 2-C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388. 2. Add the following to the list of Approved Commercial Developments in sub-section 2,4,6.28: "w) a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, April 27, 2009 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANCE: To permit the establishment of business offices within the existing building. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by May 27, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 aan, and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Elizabeth Gormley, Common Clerk 658-2862 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 99, RUE HAZEN Par les pr6sentes, un avis public es[ donne par lequel le conseil communal de The City of Saint John a ]'intention d'6tudier la modification du plan d'am6nagement municipal comme suit : 1, la reclassification, a I'annexe 2-A et 2-C du plan d'une parcelle de terrain d'une superficie d'environ 360 metres can6s, situ6e au 99, rue Hazen, et portant le NID 00015388, de zone risidentielle de densiti moyenne a zone d'aminage►nent commercial approuvi. 2. 1'ajout de la parcelle de terrain suivante a la liste des am6nagements commerciaux approuv6s a I'alin6a 2.4.6.28: «w) une parcelle de terrain d'une superficie d'environ 360 metres carr6s, situ6e au 99, rue Hazen, el portant le NID 00015388. » Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le lundi 27 avril 2009 Bans la salle du conseil, au niveau du hall d'entr6e, a I'h6tel de ville. RAISON DE LA MODIFICATION : Permettre I'amenagement des bureaux d'affaires a I'int6rieur du bitiment existant. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 27 mai 2008 a I'attention du soussignE Pour toute demande de renseigmements, veuillez communiques avec le bureau du greffier communal ou le bureau de 1'urbanisme et du d6veloppement a I'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf lesjours f&i6s. Elizabeth Gormley, Greffi6re communale 6582862 154 BY-LAW NUMBER C.P. 105- 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 2-A and 2-C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388, from Medium Density Residential to Approved Commercial Development classification; 2 Adding the following to the list of Approved Commercial Developments in sub-section 2.4.6.28: "w) a parcel of land with an area of approximately 360 square metres, located at 99 Hazen Street, also identified as PID No. 00015388." - all as shown on the plan attached hereto and forming part of this by-] aw. 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 N° C.P.105- ARIdA MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une r6union du conseil communal, The City of Saint John a 6dict6 ce qui suit : L'arrete relatif au plan municipal de The City of Saint John d6cr&6 le 3 janvier 2006 est modifi6 par : 1 la modification de 1'annexe 2-A et 2-C, relative au plan d'utilisation future des terres, afin de faire passer la d6sigaation d'une parcelle de terrain d'une superficie d'environ 360 metres carr6s, situ6e au 99, rue Hazen, et portant le NID 00015388 de zone r6sidentielle de densit6 moyenne 6 zone d'am6nagement commercial approuv6; 2 Pajout de la parcelle de terrain suivante 6 la liste des am6nagements commerciaux approuv6s 1'alin6a 2.4.6.28 : w) une parcelle de terrain d'une superficie d'environ 360 m6tres carr6s, situ6e au 99, chemin rue Hazen, et portant le NID 00015388.» - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2009, avec les signatures suivantes : Common Clerk/Greffi6re communale First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 155 BYLAW NUMBER M-23 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 nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 202 immediately after Section 201 thereof, as follows: 202 The City of Saint John does hereby stop up and close permanently the following portion of highway: PEEL STREET: All that portion of Peel Street, an 18.3 metre wide public street in the City of Saint John in the County of Saint John and Province of New Brunswick, comprising 1,033 square metres and more particularly shown on a Plan of Survey, dated March 6, 2009 attached hereto, 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 M-23 ARRETE MODIFIANT L'ARIdTE SUR L}INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DAMS THE CITY OF SAINT JOHN Lors Tunc reunion du conseil communal, The City of Saint John a decrete cc qui suit : 1 Par les presentes, Parretti de The City of Saint John intitule, a L'arrete sur Pinterruption de la circulation et la fermeture des routes dans The City of Saint John decrete le 19 decembre 2005, est modifie par Pajout de Particle 202 immediatement apres Particle 201, comme suit : 202 Par les presentes, The City of Saint John barre et ferme de fagon permanente la portion d'une route suivante : RUE PEEL : Toute la partie de la rue Peel, etant une rue publique d'une largeur de t8,3 metres situee dans The City of Saint John, Bans le comte de Saint John et Bans la province du Nouveau-Brunswick, d'une superficie de 1 033 metres carres, plus particulieremcnt delimitee sur le plan d'arpentage ei joint date du 6 mars 2009, EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2009, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - April 14, 2009 Premiere lecture le 14 avril 2009 Second Reading - April 14, 2009 Deuxieme lecture le 14 avril 2009 Third Reading - Troisieme lecture - 156 L9~ p>~oaPp ►~owjj ff . II ~P j p~ ew Mow:, ma Vw wv4VV VVVVV ;VV-~V~~~ ~pyy yyypy vp~~~.~~~Cp i~ N'~6PV~A~V6---u +Ifrw4a~ J psx~ ~x~~ ' x u < w N min A U" U; N n fill JO ~ ~t o it t ^ ' ~ ~ t . r t ~ ~ y BY-LAW NUMBER M-23 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: I 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 nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 203 immediately after Section 202 thereof, as follows: 203 The City of Saint John does hereby stop up and close permanently the following portion of highway: CHIPMAN STREET: All that portion of Chipman Street, a 15.24 metre wide public street in the City of Saint John in the County of Saint John and Province of New Brunswick, comprising 837 square metres and more particularly shown on a Plan of Survey, dated March 6, 2009 attached hereto. 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 M-23 ARRETE MODIFIANT L'ARR A SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a d6cr6t6 ce qui suit 1 Par les presentes, 1'arret6 de The City of Saint John intitul6, (t L'arrete sur Pinterruption de la circulation et la fermeture des routes Bans The City of Saint John decret6 le 19 decembre 2005, est modifi6 par Pajout de Particle 203 imm6diatement apr6s Particle 202, comme suit : 203 Par les presentes, The City of Saint John barre et ferme de fagon permanente la portion d'une route suivante : RUE CHIPMAN: Toute la partie de la rue Chipman, 6tant une rue publique dune largeur de 15,24 metres situ6e dans The City of Saint John, Bans le comte de Saint John et Bans la province du Nouveau- Brunswick, d'une superficie de 837 metres carres, plus particulierement delimit6e sur le plan d'arpentage ci joint date du 6 rears 2009. 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/Greffi6re communale First Reading - April 14, 2009 Premierc lecture - le 14 avril 2009 Second Reading - April 14, 2009 Deuxi6me lecture - le 14 avri12009 Third Reading - Troisi6me lecture 158 ®ami p o~@o. 11 t S Y 4.g a '~NN cy n y ~7`~ ~ ~ V b ~ N 'J + t Fqr 'Y ~~"Ql 1 V Y G y MNNNU UUMM4NNN°NNNMp 11 ~ ®t SHIM; 0 Ulu 4RRR ~ ~~wwv YVYYwYwvvwwY ~ p. ~a ~ ~ , t ~,w~ I&A r w w w 4N a u N N . 93 4 4,111 Vla H d ~l€sk a ffM P BY-LAW NUMBER M-23 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; I 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 nineteenth day of December, A.D. 2005, is hereby amended by adding thereto Section 204 immediately after Section 203 thereof, as follows: 204 The City of Saint John does hereby stop up and close permanently the following portion of highway: HAZEN AVENUE: All that portion of Hazen Avenue, an 18,29 metre wide public street in the City of Saint John in the County of Saint John and Province of New Brunswick, comprising 1,387 square metres and more particularly shown on a Plan of Survey, dated March 6, 2009 attached hereto. 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 M-23 ARRCTE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a d6cr6t6 cc qui suit : I Par les pr6sentes, Parretti de The City of Saint John intitule, a L'arrete sur Finterruption de la circulation et la fermeture des routes daps The City of Saint John decr&0 le 19 d6cembre 2005, est modifi6 par Pajout de Particle 204 irmn6diaternent apr&s Particle 203, comme suit : 204 Par les pr6sentes, The City of Saint John Barre et ferme de fa~on permanente la portion d'unc route suivante : AVENUE HAZEN : Toute la partie de I'avenue Hazen, 6tant une rue publique dune largeur de 18,29 metres situ6e dans The City of Saint John, dans le comt6 de Saint John et Bans la province du Nouveau- Brunswick, dune superficie de 1387 metres carr6s, plus particulierement de'limit6e sur le plan d'arpentage ci joint dat6 du 6 mars 2009. EN FOI DE QUOI, The City of Saint John a fait apposer son secau communal sur le pr&sent arret6 le 2009, avec les signatures suivantes : Common Clerk/Grefl 6rc communale First Reading - April 14, 2009 Premiere lecture - le 14 avri12009 Second Reading - April 14, 2009 Deuxi6me lecture - le 14 avril 2009 Third Reading - Troisiemc lecture - 160 Wit ~Tj ~•;w ~ tl ~ ~ L ~ ~ ' f [ice Irt T w J) m lit, lit I p ~ n n n .n , r n n a [ ~ n n ~ 1 w~w~~ zz lit, Ai MUMARMA `~e~µ5` nnwwnnnwa.wwwn nnwwn if , . 1+ 5 ' ~ ~ ~ wnaynnwwnwanwnnnnwn d Kv , tq moo/ ~r p! a ippi it, I 'I k+~, ' ~ a ii dA a s 161 0a BY-LAW NUMBER C.P. 110-100 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 1612 and 1618 Latimore Lake Road, having an area of approximately 4,029 square metres, also identified as a portion of PID Number 55120315 and a portion of PID Number 55144612, from "RF" Rural to "RFM" Rural and Mobile Home. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of A.D. 2009 and signed by: Mayor/ Maire ARR>k TE No C.P. 110-100 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'unc reunion du conseil communal, The City of Saint John a decret6 ce qui suit : L'arret6 sur le zonage de The City of Saint John, decr6t& le dix-neuf (19) d6cembre 2005, est modifi6 par : 1 La modification de 1'annexe ((A)), Plan de nonage de The City of Saint John, rezonage d'unc parcelle de terrain situ6e au 1612 et 1618, chemin Latimore Lake, dune superficie approximative de 4029 metres carr6es et une partie du NID 55120315 et une partie du PID 55144612, de zone rurale «RF» a zone rurale de maisons mobiles «RFM - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arretd. EN FOI DE QU01, The City of Saint John a fait apposer son sceau communal sur le present arr6t6 le 2009, aver les signatures suivantes : Common Clerk/Greffiere communale First Reading - April 14, 2009 Premiere lecture Second Reading - April 14, 2009 Deuxieme lecture Third Reading - Troisi6me lecture le 14 avril 2009 le 14 avri12009 162 PLANNING AND DEVELOPMENT/ URBANISME ET DEVELOPPEMENT REZONING I REZONAOE Amending Schedule "A" of the Zoning By-Law of The City of Saint John Modifiant Annexe aA» de I'Arrete de nonage de The City of Saint John i FROM / DE TO r A RF RFM Rural 1 Zone rurale Rural and Mobile Home l Zone rurale de maisons mobiles Applicant: Karen and Daryl Lunn Location 1612 & 1618 chemin Lattimore Lake Road PID(s)/NIP(S) portions of/de 55120315 & 55144612 07PCO Drawn By/Creee Par: David Couture Date Drawn/Carte Grebe: April 23 avril, 2009 Considered by P.A.Cdconsidere par le C.C.U Enacted by Council/ApproM par le Conseil: Filed in Registry Office/Enregistre le: By-Law #IArrete April 7 avril, 2049 163 Mayor and Council April 21, 2009 RE: Value for Money Program As part of the 2009 budget Council adopted a "Value for Money" program with a funding amount $100,000. I believe Council's intention with this program is to, on annual basis, undertake a review of a certain service(s) with the view to determining if the city is receiving the value for its expenditure. This review would ideally realize some cost savings while still meeting while still delivering a service that's meets community expectations. Although I write this letter to Council, not as Chair of the Finance Committee, I believe it worthy to note that the Finance Committee has considered the issue with senior staff and supports the City Manager in determining a strategy for this program. Given that these operational reviews are fairly substantive in nature and would take a considerable amount of time, I believe we need to `get moving' on this piece of business. I would suggest there are plenty of opportunities for these operational reviews, however it must be in the complete context of our capabilities to implement changes for our 2010 budget. Motion: Council direct the City Manager to provide a plan for the "value for money" program that would provide the best opportunities for possible expenditure reductions and that this work be completed for the 2010 budget deliberations. Furthermore, that the City Manager provide a schedule for 2010 and 2011 that would provide best opportunities for expenditure reduction. Stephen Chase Deputy Mayor 164 The City of Saint John April 27, 2009 Your Worship Mayor Ivan Court & Members of Common Council: Re: Vacant and Derelict Buildings By-Law This is very important legislation critical to the urban growth and quality of life of our city. Vacant and derelict buildings have identified our city for far too long. Change will only occur if action is taken. To enact the changes we are presenting, we will need the support of the Province of New Brunswick. I have recently discussed the above issue in very general terms with provincial leaders on several occasions. I have worked in partnership with the Department of Local Government and city staff with respect to the Minimum Property Standards By-Law. It is most likely the Department of Local Government will play a critical role in these chances and The City of Saint John has worked diligently in building a positive partnership with these officials. Motion: That Councillor McGuire, with the approval of Common Council, present to the appropriate Provincial officials the above By-Law direction. Reporting knack to Council on progress will be mandatory. Respectfully submitted, Peter McGuire Councillor - City of Saint John SAINT" JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www saintjohn.ca ~ C.P. 1971 Saint John, N.-B. Canada E2L 4L1 165 t T^~. 411 i' 1 l"f "1 The City of Saint John April 27, 2000 Your Worship Mayor Ivan Court & Members of Common Council: Re: Federation of Canadian Municipalities With respect to the upcoming FCM meetings in June of this year: I believe this is a very critical time in municipal negotiations with federal authorities. This is especially true with critical municipal infrastructure needs. Our key municipal priority is clean drinking water. I would encourage as many councillors as possible to attend the upcoming FCM meetings and to take whatever opportunities present themselves to advocate federal political leaders regarding our water issue. In the past this event was utilized as an opportunity to discuss "Harbour Clean-p" with key federal officials. Motion: Receive and file Peter McGuire Councillor - City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wawv.saintjohn.ca k CA 1971 Saint john, N.-B. Canada E2L 4L1 166 DI\ yl--r 1 The City of Saint John April 27, 2009 His Worship Mayor Ivan Court And Councillors Re: Efficiency of Council Meetings Your Worship and Councillors, I believe that Council is able to conduct our Council meetings in a manner that will ensure the business of the City is accomplished; that the democratic process is not compromised and that Council members have full opportunity to debate issues within the time frame allotted in Council's procedural by-law. In order to proceed through the meetings efficiently, we need to adhere to procedures. Motion: that the Common Clerk be directed to explore methods for increasing the efficiency of Council meetings and report with recommendations at the next meeting. Respectfully submitted, Peter McGuire _`a Councillor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www,saintjohn.ca I C.P. 1971 Saint Jahn, N.-B. Canada E2L 4L1 167 April 21, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject: Recreational Facilities Commission Report Update Recently, public comments have been made concerning the city's response to the recommendations made in the Recreational Facilities Commission Report. Some of these comments have clearly created the perception that little or no action has been taken subsequent to the release of this report. Also, some have suggested the cause of this inaction is "lack of leadership" at City Hall. This year, the Leisure Services Advisory Board asked Mr. Bernie Morrison, Commissioner of Leisure Services, to give an update with regard to the status of the implementation of the recommendations made in this report. As a member of the Leisure Services Advisory Board, I appreciated hearing this update because it assured me, in fact, that many of the recommendations from this report have been acted upon. Mr. Morrison's Recreational Facilities Commission Report update appeared on Council's agenda on March 30, 2009 as an item on the consent agenda. Unfortunately, Council missed an important opportunity to highlight some of the information brought forward in this update. I feel it would be more beneficial to give Mr. Morrison an opportunity to make an oral presentation to Council and the general public with regard to this matter. Again, the update will outline the work that has been completed with regard to specific recommendations made in the Recreational Facilities Commission report and an overview summary of any outstanding matters. Motion: I propose that the Common Clerk schedule Mr. Bernie Morrison, Commissioner of Leisure Services, to present to Council an update on the status of recommendations made in the Recreational Facilities Committee report. Respectively Submitted Received by e-mail Councillor Snook 168 April 14, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject: City of Saint John Website City Staff is to be commended for the current effort underway to make improvements to the City of Saint John's website by giving members of the public an opportunity for input. I feel, however, that it would be helpful to engage a professional company to further advise our corporation on how to deliver an outstanding online presence and customer service resource. As a part of our commitment to improve our City's communication strategy, it is critical to have a website that is, at the very least, "up to standard". We need to do whatever is necessary to ensure this happens. Motion: I propose that the city manager engage a professional company to give a current assessment of the City of Saint John's website and subsequently provide for the municipality appropriate recommendations to be implemented in order to improve the standard and performance of this valuable resource. Respectively Submitted, Received by e-mail Councillor Snook 169 April 22, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subiect: Rainbow Park Redevelopment This letter is submitted with respect to the discussions we had following the presentation of the master plan for Rainbow Park by the Glenn Group and Leisure Services. It was suggested at the time that there may be a possibility of providing housing in the park to financially offset the cost of the project. Some work has been done on this and a report outlining a number of design options has been forwarded by the Glenn Group. At this time, after many discussions, I feel we should continue forward with this project as presented and not proceed with the housing options in this location. It is the opinion of the Glenn Group and Leisure Services that green space is valuable in the south end and that building houses on this site will further limit the availability of green space. Further the funding is largely in place and the project could proceed this year. Time is of the essence if we are to proceed with this project this year. There is a need to have two to three months to prepare the technical documents and designs to move this project forward. If we decide to incorporate housing, the project will be fi rther delayed. Therefore I move: That Common Council adopt the design as presented by the Glenn Group and that the Glenn Group be engaged to provide the necessary documents to enable the City to call for tenders and to begin construction of this project in 2009. Yours truly, Received by e-mail Councillor Snook 170 J: ~ ~ 3=fs4 e City of Saint Tohn April 17, 2009 Common Council of The City of Saint John Your Worship and Councillors: City Solicitors Office Bureau de Pavocat municipal Re: Decision of the New Brunswick Assessment and Planning Appeal Board re: Tannery Court Co-operative Limited 185 Carmarthen Street At its meeting; of October 21st, 2008, the City of Saint John's Planning Advisory Committee (the "PAC") decided to grant variances to Tannery Court Co-operative Limited respecting its proposed development at 185 Carmarthen Street (the "PAC Decision"). The PAC Decision was subsequently appealed to the New Brunswick Assessment and Planning Appeal Board (the "APAB"). This appeal was heard over three days in late March and early April, 2009 and the APAB's written reasons for decision were issued on April 141t`, 2009 (the "APAB Decision"). As you are aware, Councillor Killen has been appointed by Common Council to serve as a member of the PAC. Councillor Killen has also been appointed by Common Council to serve as a member of the Saint John Parking Commission (the "SJPC"). In their Notice of Appeal to the APAB, the Appellants alleged that the PAC Decision was tainted by "bias" or a "reasonable apprehension of bias" due to Councillor Killen's participation in the decision-making process. More specifically, the Appellants' argument followed that Councillor Killen should not have participated in the PAC Decision due to his concurrent membership on the SJPC - the registered owner of 185 Carmarthen Street. In the APAB Decision, the PAC Decision is upheld in all respects. Regarding; the allegations pertaining to Councillor Killen's participation in the PAC Decision, the APAB found that sections 90.1 to 90.91 of the Municipalities Act together with sections 12(1) to 13 of the Community Planning Act expressly permitted his wearing of multiple hats. Pages 48 to 50 of the APAB Decision state as follows: Common Council City Solicitor April 17, 2Q©} Page 2 Re: Assessment and Planning Appeal Board Decision - Tannery Court "...we have carefully examined the role played by Mr. Killen in this matter, and the relevant provisions of'the Municipalities Act. We are satisfied that the legislature, in enacting sections 90.1 and 90.91, contemplated that council members, who are after all elected to represent the interests of the citizens of the municipality, would be members of the Boards and Commissions which would have overlapping interests and serve on several such organizations. Section 90.3 specifically addresses, we believe the circumstances in the appeal. Mr. Killen is a "member" as defined and he is a member of a commission (the SIPQ and a „local board" (the PAC). There is no suggestion that Mr. Killen has any sort of personal proprietary interest in the lands being sold by the SJPC to Tannery Court. As a member of the PAC, we are of the opinion he is simply carrying out part of his included role as a member of council, and acting in the interest of the citizens of Faint John. There is no evidence to conclude that in carrying out this role, he has reason to favour the interests of the SJPC, and the legislative provisions were meant to cover such a circumstance. In fact, we believe that to displace the legislation provisions which permit Mr. Killen to sit on seemingly conflicting Boards and Commissions there would have to be considerable evidence that Mr. Killen, or a person in a similar position, did not act in the citizens' interests in carrying out his duties on these Boards and Commissions. There is no such evidence before this Board. Therefore, we find there is not a bias on behalf of Carl Killen, as alleged by the Appellants, and this ground. for appeal is dismissed." Respectfully Submitted, Jo L. Nugent City Solicitor 172 M&C #2009 April 17, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: AN ANNUAL SERVICE REVIEW PROGRAM (SOMETIMES REFERRED TO AS VALUE FOR MONEY AUDIT) PURPOSE: During discussions with respect to the 2009 Operating Budget, Common Council openly expressed their desire to fund what Council has described as a "Value for Money Audit. " As a result, the approved budget did include $100,000 to fund this initiative. 0 The ft of Saht John The purpose of this report is therefore to provide information and recommendations as to how Council might wish to proceed. Particular emphasis should be directed at ensuring that Common Council and taxpayers receive tangible "value" for this investment. BACKGROUND: As a matter of course, taxpayers of every community have concerns related to whether the services they are receiving are being delivered in an efficient and effective manner. Unlike any other service provider, there is an additional onus or responsibility placed on Council and the Administration to take whatever steps are required to ensure that the City is indeed following best practises and is investing the monies collected from property owners in as reasonable a manner as possible. The additional onus or responsibility stems from the fact that many municipal services are largely delivered by a monopoly. If one accepts the premise that municipal governments are involved in the delivery of those services that would not otherwise be provided by the private sector, then it is reasonable to expect that there is an added responsibility to demonstrate that efforts are directed at "continuous improvement"; that services are being delivered in an "efcient and effective manner" and as elected officials have expressed it, "that taxpayers are getting good value. " This additional responsibility also comes from the fact that the delivery of municipal services is the most highly visible in any community. For most property owners, each and every day they will have occasion to see garbage packers, snowploughs, dump trucks, building inspection vehicles, construction equipment, fire apparatus as well as employees cleaning storm sewers, mowing lawns, planting flowers and patching pot holes. As was recently stated, "The Delivery of Municipal Services is in Your Face. " 173 21 Page 2009/04/17 Report to Coninion Council Subject: Annual Service Revie'N&: Poiog!i,,aiin Finally, the additional responsibility comes from the fact that all too often the complexity of delivering services in the community is underrated and undervalued. When it comes to many municipal services, some of our taxpayers propose to be experts in the field. After all, what is involved in picking up waste, planting flowers, laying asphalt? Everyone has an opinion, everyone can do it better. PREVIOUS THIRD PARTY REVIEWS: The City of Saint John has always embraced third party reviews of many of the activities performed by the Administration. In addition to the annual audit of the City's books of account by Council's auditors, the City is currently investing hundreds of thousands of dollars on a Value Engineering Process related to plans to ensure safe, clean potable water. This follows a $350,000 investment in an Operational Audit performed by Chartwell in 2005 and 2006. Having said this, there have also been many other initiatives taken by the Administration simply as part of our ongoing efforts to improve service and bring best practises to our Organization. Independent outside expertise has previously been engaged to prepare "Communications Strategies" for both the Utility and the Organization generally, "Business Improvement Process" initiatives have been carried out and of course a number of municipal services are subject to very formalized reports to other regulatory bodies. Operational Audits, Annual Audits, Business Process Initiatives, Formalized Reporting to Oversight Regulatory Bodies and the engagement of outside professional advice when required has simply been an inherent part of everything we do here at City Hall. It is understood that the public, through its elected representatives, wishes to see the Administration up the bar with respect to such initiatives. In response, the Administration is proposing that Common Council adopt a "Service Review Policy." HIGHLIGHTS OF THE SERVICE REVIEW POLICY: The attached Policy, if adopted by Council; • Clearly states the objective of the Policy. • States that overtime "all services" will be subject to review. • States that it shall be Common Council who decides which services are to be reviewed. • Articulates in Section 3.2.4, the expectations of Common Council in funding such reviews and a description of a minimum expectation of the deliverable in Section 3.3.5. • States that it shall be Common Council who selects the reviewer. • Finally, the policy describes the responsibilities of the various players. THE NEXT STEP: Should Council adopt the attached Policy, then it would be stafrs intention to review and discuss this initiative within the Administration. Following such discussion, it is anticipated that very shortly the City Manager would be in a position to provide a recommendation to Common Council as to which service(s) Council may wish to review in 2009 and perhaps in 2010. 174 31 Pa Vin,;e 2 009/0~411 7 eIs oitI to Uu:7nimoin Cubu.uncnII S u b . I I e c I Annual S e 1f b ice R e v m c% P u" og r ~a 1f i RECOMMENDATION: That Common Council adopt the attached Service Review Policy. Attachment 175 City of Saint John Service Review Policy 1.0 POLICY OBJECTIVE The Service Review Policy (the "Policy") outlines Common Council's commitment to an annual service review process that supports the City of Saint John (the "City") in its efforts to ensure continuous improvement in the effective and efficient delivery of public service. The goal is to provide the City with another tool to demonstrate accountability and transparency in its decision-making with respect to service delivery; providing assurances to the public they are receiving value for their tax dollars. 2.0 DEFINITIONS Accountability Framework a document that outlines a corporate approach to defining service outcomes, developing performance measures, reporting results, and working to continuously improve service delivery. The goal of the accountability framework is to support the City in achieving its accountability and transparency goals. Service reviews are one component of the accountability framework. Effectiveness -The impact service is having in the community in terms of addressing public needs. Efficiencv -The amount of resources required to delivery a service. Reviewer - An independent third party expert in a particular service area that has been engaged by the City to complete the service review. Service - A series of processes and activities that produce a final, valued output that contributes to the achievement of one or more of the community's goals. Services can be either externally focused (i.e., public-facing services focused on community need) or internally focused (i.e., administrative support services focused on business needs). Service Level Standard -A description of the amount and type of service that is appropriate to address public needs. Service Review - An independent third party examination of services offered by the City to evaluate their effectiveness and efficiency and recommend service improvements in order to provide assurances to the public, through Common Council, that they are receiving value for money. Stakeholders - Any person or group of people that have an interest in the delivery of a particular service. Value for Monev -The maximum benefit obtained through the delivery of service with the resources available for that service. Service Review Policy. Draft April 21, 2009 1 176 3.0 POLICY The City will undertake an on-going review of all its services. Each review is to be conducted in a manner that promotes objectivity and impartiality to provide assurances to Common Council and the public that they are receiving value for the tax dollars they invest in their community. This Policy has been developed to provide consistency in the way service reviews are undertaken and used by the City. 3.1 SERVICES TO BE REVIEWED All services provided by the City (both pubic-facing services and administrative support services) will be reviewed. This includes services delivered on behalf of the City by its agencies, boards and commissions. Service reviews can be completed on an entire service or on components of a particular service. 3.2 PLANNING FOR SERVICE REVIEws 3.2.1 The City shall complete at least one (1) service review per annum, but has the discretion to undertake more based on service needs and available resources. 3.2.2 Selection of services to be reviewed will be the sole discretion of the Common Council after having received input and recommendations from the City Manager. 3.2.3 Selection of services to be reviewed on an on-going basis should be evaluated as to where maximum benefit will be derived in terms of ensuring the effective and efficiency delivery of service; with a goal to eventually review all services within a specified time period. 3.2.4 Selection of services to be reviewed will be accompanied by a statement of work that clearly outlines the objectives for the service review. Objectives may include, but are not limited to, any combination of the following: a) Determine if the service is effective in delivering a measurable benefit to the people using it and that it adequately addresses community needs; b) Recommend service expectations that address the current and/or future needs of the public to be used in the development of service level standards; c) Establish on-going requirements for the delivery of service that supports the community in the achievement of its vision and goals; d) Recommend improvements to the delivery of the service to ensure it addresses current and/or future community needs (including partnerships, regional cooperation, or discontinuation of the service); Service Review Policy: Draft April 21, 2009 2 177 e) Determine if the service is being delivered as efficiently as possible to achieve service objectives; f) Determine if the service currently meets industry best practices and benchmarks, and if not, evaluate if these standards support community expectations and/or recommend improvements that will allow the City to meet these standards; g) Determine if the community is receiving value for its tax dollars, taking into consideration public expectations, service level standards, and resource allocations; and h) Recommend ways to reduce the cost of delivering service and explain any impact a change in funding would have in service levels. 3.3 SERVICE REVIEW PROCESS 3.3.1 Service reviews will be undertaken independently by a third party service provider that has demonstrated expertise in the service(s) being reviewed. 3.3.2 The process to identify the third parry service reviewer shall be the responsibility of the City's purchasing agent using all of the accepted purchasing policies and practices. 3.3.3 The selection of the third party service reviewer shall be the responsibility of Common Council. 3.3.4 All service reviews will follow a standard methodology, to which some variation will be allowed to accommodate the characteristics of the service. Service reviews will be carried out to respond to the objectives outlined in the statement of work. Service reviews will include (minimum): a) Research of the City's existing service delivery model, external service drivers, and industry best practices; b) Review of all performance measurement and benchmarking information generated by the City for the service; c) Consultation with the service provider, service recipients (external and/or internal), other stakeholders, and similar service providers in other local governments and/or the private sector; d) Analysis of all relevant service related information to respond to the objectives outlined in the statement of work for the service review; and e) Consideration of alternative options for service delivery (or discontinuation of delivery) and recommendations for improvement that will provide assurances to Common Council and the public that they are receiving value in the effective and efficient delivery of the service. Service Review Policy: Draft April 21, 2009 3 178 3.3.5 All service reviews will provide (minimum) a report that: a) Documents the research and analysis completed as part of the service review. b) Presents service goals and objectives that describe service expectations that provide a balance between community needs and funding constraints. c) Presents findings and recommendations for service improvements (or discontinuation of service) that responds to the objectives defined in the statement of work for the service review. d) Provides a plan for implementing recommended service improvements (or discontinuation of service) including resource requirements (to implement the change and on-going service operations). e) Presents a set of performance measures for the service to determine if recommended service improvements are achieving desired results in the community. Measures should complement the methodology defined by the City in its Accountability Framework for the development of performance measures. 3.4 ResPoNsieam 3.4.1 Common Council is responsible for selecting services for review on an annual basis, approving the objectives in the statement of work for the service review and selecting the independent third party service reviewer. Upon completion of the service review, Council will consider and adopt any or all of the recommendations outlined in the final report for the service review. 3.4.2 Citv Manaeer is responsible for the oversight and coordination of the service review process as defined by the Policy; including input and recommendations into the selection of services for review. The City Manager may assign employees within the City to oversee or provide support to various aspects of the service review process. As a result of the service review, the City Manager will be responsible for directing service providers in the implementation of the recommendations adopted by Common Council. 3.4.3 Department Heads are responsible preparing for the service review by supporting their employees in gaining a better understanding of the objectives of the service review; and directing them to cooperate with the third party reviewer by providing access to all of the documentation and information necessary to successfully complete the service review. 3.4.4 Aeencies. Boards and Commissions are responsible for preparing for the service review and cooperating with the independent third party reviewer by providing access to all of the documentation and information necessary to successfully complete the service review. 3.4.5 Purchasing Agent is responsible for the process to identify the independent third party service reviewer. Service Review Pollcy: Draft April 21, 2009 4 179 Service Profiles and Proposed Programs ft 1.1 Neighbourhood Improvement Support Service 1.2 Recreation Service 1.3 Cultural Affairs Service 1.4 Special Events Management Service 1.5 Affordable Housing Service Q Public Safety Program 2.1 Emergency Management Service 2.2 911 and Non-Emergency Call Service 2.3 Fire Rescue and Suppression Service 2.4 Technical Rescue 2.5 Hazardous Materials Emergency Response Service 2.6 Fire Prevention Service 2.7 Fire Investigation 2.8 Emergency Medical (Fire) Service 2.9 Crime Prevention Service 2.10 Police Emergency Response Service 2.11 Law Enforcement Service 2.12 Victim Support Service 2.13 Public Order Service 2.14 By-Law Enforcement Service 2.15 Permit Service 2.16 Building Inspection and Enforcement Service kA 3.1 Community Planning Service 3.2 Development Advisory and Approval Service 3.3 Land Development Support Service 3.4 Heritage Preservation Service 3.5 Real Estate Service 3.6 Tourism Information Service 3.7 Tourism Destination Marketing Service 3.8 Economic Development Service 3.9 Urban Redevelopment Service 3.10 Industrial Park Development Service 4.1 Industrial Water Service 4.2 Drinking Water Service 4.3 Wastewater Service 4.4 Solid Waste Management Service 4.5 Electricity Delivery Service 4.6 Water Heater and Lighting Service 4.7 Parks & City Landscape Service • Program 5.1 Roadway Maintenance Service 5.2 Sidewalk Maintenance Service 5.3 Traffic Signals and Marking Service 5.4 Stormwater Management Service 5.5 Parking Service 5.6 Transit Service All 6.1 Governance and Corporate Management Service 6.2 Legal Service 6.3 Financial Management Service 6.4 Risk Management Service 6.5 Human Resources Management Service 6.6 Customer and Employee Communication Service 6.7 Information Management Service 6.8 Purchasing and Material Management Service 6.9 Fleet Management Service 6.10 Corporate Properties & Facilities Management Svice 6.11 Municipal Infrastructure Management Service Service Review Policy; Draft April 21 180 SAINT 101 4 11111111111111111111111111111111/llllll11111111111111111ffffll P '1 .C....., A- MC #2009 4ft April 15, 2009 the My of saint John His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: PERFORMANCE APPRAISALS: EMPLOYEES REPORTING DIRECTLY OR INDIRECTLY TO THE CITY MANAGER PURPOSE: The purpose of this report is to provide the City Manager's response to a Council resolution of December 22, 2008, which was recorded as? "Resolved that Senior Managers (The City Manager, Commissioner of Finance, Common Clerk, and City Solicitor) prepare a report on the current employee supervision and evaluation practices in their departments which are to include either an endorsement from the manager of the current system or recommendations for the implementation of an appropriate system to ensure the Corporation is performing in an effective and efficient manner and further the four reports may be presented separately and shall be presented to Council no later than June, 1, 2009. " BACKGROUND: As City Manager, I am responsible for ensuring that within the Organization there are systems and processes in place to adequately document the performance of individual employees. The development of the various processes are overseen by the City's Department of Human Resources and responsibility for adherence to the processes rests with individual managers and supervisors throughout the Organization. Let me say that I understand the importance of form preparation, subsequent review and ensuring proper documentation is on file. Having said this, my own belief is that it is not so much the preparation of forms that is critical, but rather the personal face to face, direct conversations that are held between the supervisor and employee or between the supervisor and the manager. The real benefit of generating the forms is therefore two-fold. For the solid performing employee, the process forces the on-on-one conversation should workload prevent the conversations from otherwise occurring. For the non-performing employee, it causes employees to reflect on whether the City of Saint John is the right fit for them and at the same time provides the Employer with the documentation that is necessary should the Employer decide other action is required. 181 p C u:u~ pLN III, N~"~ ¢ II L...~n° i% p pi is 2 n a II a. dwwirpiunIi iu~ un:V a, io. Vix..11 U'.am d u11: 4 °wirn a ;¢'ir° Let me also state that it is my personal belief that ensuring "acceptable performance" begins with the hiring process. Recommending to the City Manager that an individual be hired as a permanent employee of the City of Saint John is often the most important recommendation that a manager can make. In a municipal environment, given the nature of the careers offered, the Municipality will often reap the rewards of hiring the right individual for 15, 20 or even 30 years. Make a mistake and the Organization can possibly be saddled with an under-performer for many years to come if the issues and fit are not dealt with early in the relationship. Early intervention is critical. THE PROCESS IN PLACE: With this as the backdrop, then it should come as no surprise that the order of the attached appendixes follows the most common career track. APPENDIX Casual Inside/Outside/Non-Union and Seasonal Performance Appraisal 1 Forms Probationary Report - Local 486 & 18 Permanent Hires 2 Skilled Worker - Performance Review 3 Personal Performance Plan- Management Staff 4 Performance Review - Management Staff 5 PERFORMANCE MANAGEMENT IN A UNIONIZED ENVIRONMENT The topic of Performance Reviews and or Appraisals in a unionized work environment does pose its own set of challenges. Having said this, staff is pleased to inform Council that this Employer has made consistent strides in working with the civic unions to have contract language to reflect these concepts. Obviously, appraising performance of casuals and permanent employees during probation periods have been agreed to by the parties many years ago. More recently, specifically with Local 18, the parties have agreed to contract language that moves us one step closer to where management believes we need to be. At the moment, management and Local 486 are exploring this same matter. Management is of the view that as the parties continue to build mutual trust, performance managementlappraisal processes will be viewed as positive workplace initiatives as opposed to the first step in a disciplinary process. PERFORMANCE APPRAISALS/REVIEw IN A PARR MILITARY ORGANIZATION: The para-military nature of the fire service, complete with Department Rules and Regulations dictates that a very structured system is in place from the moment that an individual is hired as a Holiday Relief Firefighter to the time when he or she might occupy the position of Chief. Attached as Appendix VI, is a memo to the City Manager which describes in considerable detail, the on-going performance assessment processes in the fire service. 182 3 1111, i ?i 11 1, P% Ip 111 r ~ I ~;m a 1, 111 ~u iI' c i 'll p ° uI ~w 7m ,m Ilnl w u, ° I11, II m ;111 s p II m III', III mu, w, le cl Ip o a ~ a om [:m uI a Ill if~ p ,.'.u u I l d ii i, ill" c u II v l U N N~ ~i~u in ~u g tie 11 PERFORMANCE APPRAISALS/REVIEW PROCESS AT THE SENIOR LEVEL: With respect to the most senior positions in this Organization, i.e. Commissioners and a few others, there is far less reliance on form generation'. These individuals occupy their positions based on their performance and their track record over many years of having received very positive performance appraisals all of which have been documented. As a result, my emphasis is not on the generation of forms, but rather on engaging in the face to face discussions related to a specific project, sometimes the discussions relate to interpersonal relationships, sometimes they are of a mentoring nature and at times, the conversation is of a personal nature. If necessary and where appropriate, documentation of concerns is on file. Ideally, Performance Appraisals at all levels should not be a once a year exercise. It should be regular, be consistent and entail a two-way dialogue. INPUT FROM OTHER SOURCES: I have briefly discussed this matter with the other officers of the corporation and have been provided with assurances that the system in place within the Administration is being employed in their offices as well. CONCLUSION: As for Council's resolution seeking an endorsement, I would state that the Performance Appraisal Systems that are in place at the City of Saint John are very typical of systems that are in place in similar organization both in the private and public sector. When properly conducted, the systems do succeed in meeting the Employers' objectives. If I had any hesitation in endorsing the system, it would be that I have noticed a continual increase in production activities being carried out by supervisors and managers. A direct result is that attention to administrative systems in all areas have taken a back seat as management and supervisors focus on delivering services to the public and ensuring projects and reports are prepared on time. I would, however, expect the pendulum to eventually swing back the other way. I would also acknowledge that there is a huge consulting industry out there that is continually promoting the next best thing. Depending on the Organization, you might hear the term `Balanced Score Card, 360° Evaluation or Appreciative Inquiry. " In the end, all of these systems have the same general purpose which is to initiate one on one conversation, to motivate the good performers, to encourage improvement in the not so good performers and to assemble the necessary documentation on non-acceptable performance. Undoubtedly, the system currently in place will, as all systems do, evolve as the City of Saint John moves forward with its Accountability Framework. No matter how these administrative systems are tweaked, or what they are called, the overall objectives will remain the same. 183 4111,o„n, ,M . c Ipl 1u I[ u. ~q tl1 u k.' u, u.u 11 a 1.11,u II In a Iu,c' 4 2% III' III ak. n am ( s rr u V I'll ;!c IC 1i r k" p , ill 1 „v RECOMMENDATION: 01,4"1 N -1 1 1() r iV u, 'u. hil e a, a 'II: v ~0.. r~u ~uu a C u III id of Ir u:r u: iu II That this report be accepted as the response to Council's resolution of December 22, 2009 and that the report be received and filed. , R ect ly subs ' ed, .i Terremce L. Totten, FCA CITY MANAGER 184 ,A,PPENDIX I 185 CASUAL INS'IDEIOUTSIDEMON-UNION & SESSIONAL EMPLOYEE PERFORMANCE APPRAISAL FORM all E EMPLOYEE'S NAME: EMPLOYEE'S NUMBER: JOB TITLE: DEPARTMENT: PLACE OF WORK: NAME OF EMPLOYEE OR EMPLOYEES WHO DIRECTLY SUPERVISED THE PERSON BEING EVALUATED (I.E. SUPERVISOR, DIRECTOR): REVIEWER'S NAME: DATE OF REVIEW: 186 CASUAL INSIDE, OUTSIDE, NON-UNION & SESSIONAL EMPLOYEE PERFORMANCE APPRAISAL FORM Page 2 PERFORMANCE PLEASE READ EACH SECTION CAREFULLY, and DO the most accurate description of the employee's performance. When evaluating an employee In each performance area, (Le, quality of work, quantlgl of work) make specific remarks as to his/her performance in these areas, directly under each section, In the spaces provided NOTE; Specific comments are mandatory for above or below average performance. You are evaluating performance not personalktt be objective. QaAIFIT OF WORK A measure of general quality and care taken while performing duties. Consider reliability, consistency, and thoroughness of an employee's work. Remarks: Highest quality of work, always very thorough and complete Does very good quality work, generally quite thorough C. Does average quality work Generally less than average C,....,.~ work, needs some improvement Careless work, undependable I..........Ib quality, often errors 187 CASUAL INSIDE, OUTSIDE NON-UNION & SESSIONAL EMPLOYEE PERFORMANCE APPRAISAL FORM Page 3 QO TH OF WORK A measure of an employee's productivity and ability to consistently produce the required amount of acceptable work in an efficient manner. Exceptionally productive, output always exceeds requirements Very productive, output r....... generally above requirements Meet normal productivity standards Output generally below average Careless work, undependable quality, often errors Remarks: ARIHTY MD APTUDE A measure of an employee's ability to understand, comprehend and execute instructions, grasp new ideas, and adjust to an out of routine situation. Exceptionally quick to understand, superior ability Fast learner, instructions completed with ease No difficulty completing instructions Basic instructions often require explanation Comprehension is slow and confused, learns and adjusts with difficulty Remarks: 188 CASUAL INSIDE, OUTSIDE; NON-UNION 8 SESSIONAL EMPLOYEE PERFORMANCE APPRAISAL FORM Page 4 DEPENINWITYIINMATIIVE A measure of your trust in the employee with regard to dependability, initiative, use of his/her own judgement, and working well with a minimum of supervision. Extremely dependable, excellent judgement and initiative Reliable, possesses good judgement, works well alone Dependable in performance of ~..........f~ regular duties Needs extra supervision in performance of duties Needs constant supervision, unreliable Remarks: 80111MIT11ENTT0106 Consider the employee's interest in his/her job, enthusiasm, creativity, compliance with instructions, and cooperation shown during job situations. Also keep in mind his/her attitude towards other employees. Excellent. Enthusiastic, volunteers above expectations; directions always followed accurately. Above average. Enjoys job and willing to help when asked. Average commitment to job. Follows instructions well; good attitude. Below average commitment. f' Poor attitude at times and follows instructions loosely. Unacceptable. Instructions not followed; uncooperative and poor attitude towards job and other employees Remarks: 189 CASUAL INSIDE, OUTSIDE, NON-UNION & SESSIONAL EMPLOYEE PERFORMANCE APPRAISAL FORM Page 5 PERSONAL CONDUCT Note the employee's manners, personal conduct, and general appearance toward the public. Does he/she give the public a good or bad impression of City employees? Exceptional standard of conduct Maintains a high standard Maintains courteous relations with the public Poor in dealing with public, needs improvement L Unacceptable Remarks: SEWORGANIIATION AND 10R'PREPARA110N Consider the employee's personal preparation and organization with regard to proper dress, and equipment to start and finish his/her job on time. Are there any delays due to poor personal organization? Always prepared, never any f delays due to poor personal _organization Well prepared Acceptable amount of f preparation and organization Personal preparation and f organization needs improvement Unsatisfactory, often delayed ~r by poor personal organization Remarks: 190 CASUAL INSIDE, OUTSIDE, NON-UNION 8 SESSIONAL EMPLOYEE PERFORMANCE APPRAISAL FORM Page 6 COMMITMENT TO SAFETY Rate the employee's adherence to safety rules and regulations. Consider the attention he/she pays to safety and his/her concern for it Exceptional, always complies with rules Above average concern for safety Sufficient adherence to rules Commitment to safety needs improvement Unacceptable, well below desired safety standards Remarks: PUNCTUALITY Consider the employee's punctuality Extremely punctual, always on record with regard to tardiness, time extended breaks, and leaving work Very punctual, rarely late early. Usually quite punctual Remarks: Punctuality needs improvement, often tardy Unacceptable, habitually arrives late or leaves early ATTENDANCE Consider the employee's attendance Perfect attendance record and rate of absenteeism. L..........I Rarely absent List all dates absent and reason: Attendance needs improvement Absent from work often, well below desired standards 191 CASUAL INSIDE, OUTSIDE HON-UNION a SESSIONAL EMPLOYEE PERFORMANCE APPRAISAL FORM Page 7 LEADERSHIP POTENTIAL For this section, consider leadership Outstanding amount of ability, judgement, initiative, ability to ..........I potential for increased make decisions. Ability to motivate, responsibility organize and administer work. Much potential displayed, promotable NOTE: One can be a very diligent worker with little leadership ability. For this section, 2dy assess leadership, a ir; . I L.........I I Potential shown No potential displayed at this I.........I,: time Remarks: OVERALL PERFORMANCE II I "I''~ :.III Outstanding Good Average Needs Improvement I Unsatisfac- tory MANDATORY Please indicate specific information on any warnings and/or reprimands given to the employee during his/her current term of employment. WOULD YOU HAVE THIS PERSON WORK FOR YOU AGAIN? Yes I No REVIEWER'S COMMENTS & SIGNATURE EMPLOYEE'S SIGNATURE 192 r _ i 193 WVV c N~ N IIIH1Po1 VPiipl E r N 1!; W IIU ~ K Name Date of Report Job Classification City Department To assist In your efforts to do a good Job conclusions based upon the way you have learned and done your Job during the period covered by this report are summarized below. A. General 1 Skill Expertness in doing spec tasks, accuracy, Precision. completeness. neatness_guantity. 2 rKnowledge Extent of knowledge of methods, materials, tools, equipment, technical expressions and other basic subject matter. 3 Quality of Work A measure of general while peribrming duties. Consider reliability, consistency and thorouvhness to an employee's work. 4 Quantity of Work A measure of an employee's productivity and ability to consistently produce the required amount of acceptable work in an efficient manner. 5 Ability and Aptitude A measure of an employee's ability to understand, comprehend and execute instructions, grasp new ideas, and adjust to an out of routine situation. 6 Work Habits Organization of work, care of equipment, safety considerations, promptness, industry. 7 Commitment to the Job Enthusiasm for the work, to conform to job requirements and to accept suggestions for work improvement, co- operation shown during Job situations, adaptability. 8 Personal Suitability Consider the employee's character, ability to work in harmony with others, potentially for advancement and general suitability as an emplovee of the organization. 9 Attendance specif7c dates and reasons for absences are MANDATORY. 10 Illustrative examples of Work tlstspecific duties and responsibilities. Unacceptable Performance does not meet expectations Acceptable Commenced Probation Period Date Probation Ends Section Location of Employment RATNGS ARE INDICATED BY X MARKS Unacceptable I Unsatisfactory I Acceptable Excellent Performance meets expectations PO Box 1971 Page 1 of 2 Saint John, NB E2L 4L1 Unsatisfactory Performance improvement required Excellent Performance exceeds expectations m (506) 658-2866 Fax (506) 649-7901 194 s 1^ 1rfl 11 1' IN N IN 1 K To assist in your efforts to do a good job conclusions based upon the way you have learned and done your job during the period covered by this report are summarized below. B. Administration (if applicable) 1 Planning, Organizing and Implementing Anticipates needs and problems, thoroughly plans necessary action and systematically organizes people and resources for effective implementation. 2 Decision-Making and Initiative: Demonstrates the willingness to take charge of his/her responsibilities. The ability to make sound judgment. 3 Communications: Communicates clearly, both orally and in writing, and listens effectively. Administrative practices are sound, thorough, and timely. The ability to communicate with the public, to address their concerns and to take follow-up action with common sense. 4 Leadership: Demonstrated ability to earn the commitment of others and develop motivation in staff towards the achievement of obiectives. ❑ Do Recommend °C C -mt IIII0 RATINGS ARE IDNICATED BY X MARKS Unacceptable I Unsatisfactory I Acceptable I Excellent ❑ Do not recommend Employee be granted permanent service with the City of Saint John, NB (check on completion of sixth month). DESCRIBE OVERALL PERFORMANCE - MANDATORY Form completed by: I I Date: Supervisor's Signature I I Date *Supervisor to sign before employee I CERTIFY THAT THIS EVALUATION HAS BEEN DISCUSSED WITH ME AND I AM AWARE THAT MY SIGNATURE DOES NO NECESSARILY INDICATE AGREEMENT. COMMENTS: I Employee's Slgnature I I Date I COMMENTS- I Dept. Head's Signature I I Date I PO Box 1971 Page 2 of 2 (506) 656-2866 Saint John, NB E21- 41-1 Fax (506) 649-7901 195 ,p p rr ~ y AA 196 PERFORMANCE REVIEW SKILLED WORKER NAME OF EMPLOYEE: EMPLOYEE # SUPERVISOR: DEPARTMENT DATE REVIEWED: PART 1- JOB SPECIFIC COMPETENCIES RANKINGS FOR THIS SECTION ARE AS FOLLOWS: 1. Unsatisfactory - the quality of work and level of output are not acceptable. 2. Needs improvement - the employee does not complete work properly, and should improve quality of work and/or improve output. 3. Meets expectations - the employee consistently and safely completes tasks correctly and on time. 4. Exceeds expectations - the employee consistently and safely completes tasks correctly and on time and continually strives to improve performance and increase the team effectiveness. Supervisors & employees are to discuss the employee's performance and complete this review together. N GA 01 o Performs the full range of labour intensive tasks at an experienced, fully trained level A Operates and maintains more complex tools and equipment, as well as light to medium duty vehicles and equipment with C7 attachments to complete assigned tasks Assists less experienced workers in completing assigned tasks, as and when 4 necessary (example: students, other new C" employees) b O Contributes to effective teamwork Responds to verbal and written ,0~o instruction, provides appropriate feedback on progress of work and contributes to good work team communications. o Completes standard report forms and V checklists, as applicable. Uses experience to guide and assist others in completing work safely and to a high standard of quality. a Pays particular attention to the quality of work and the safety of others within that area of work. Page 1 of 5 COMMENTS 197 y a~ y o Q, Identifies and pursues specific career a goals and objectives W w A PART 2 - INTERPERSONAL COMPETENCIES YES I No Is honest and forthright when dealing with Q LN others o . Understands how personal action affects the organization and conducts him or herself accordingly b Establishes positive relationships with others d Demonstrates integrity when conducting . business ~ Can clarify needs and expectation of others Gives high priority to customer satisfaction Responds quickly, courteously and accurately to customers Z Takes responsibility & fulfils commitments to V customers Effectively adapts and remains positive to changes in goals, objectives and plans Displays flexibility Remains calm and professional when confronting change Actively listens 0 Adapts work style to work with other people possessing a different level of understanding Asks questions to get the right information g Manages and confronts conflict positively and o appropriately with respect for others U Speaks and writes clearly Continually builds on knowledge and skills Implements and shares new ideas o ~ U a Regularly seeks feedback and is open-minded toward suggestions Page 2 of 5 COMMENTS 198 Questions current and new work practices appropriately Learns from mistakes and applies learning experiences into daily tasks an Is organized and prepared to start the work as day on time Determines priorities and schedules time to E, O achieve objectives. Demonstrates a high standard of performance Helps make the work environment a positive learning environment Promotes and participates in team work .a Shares ideas and information with others Takes responsibility for behaviour Assists others to meet their objectives Treats people fairly and respectfully Carefully considers all relevant information and makes decisions without delay F, Analyses problems to prevent future occurrences Follows up to ensure problems are solved satisfactorily Seeks input from a variety of sources to determine the best solution 9 U Resolves problems in a timely manner a., PART 3 - OVERALL PERFORMANCE (TO BE COMPLETED BY THE SUPERVISOR) ]No ABSENCES 1 DAY - 3 DAYS 3-5 DAYSm-h'Ii-TgANSDAYS REASONS FOR ABSENCES: What three things does this employee do particularly well? Page 3 of 5 199 What is one thing that this employee should improve? Is there a training schedule developed for this employee for the next 12 months? Please indicate specific information on any warning and/or reprimands communicated to the employee during the last six months. PART 4 - TO BE COMPLETED By THE EMPLOYEE Do you feel that expectations for your job are clearly defined? Do you feel that your job requirements are clearly communicated? What would you change to be able to do your job more effectively? (Ex: a work procedure or method) How have you improved your performance in the last two months? What service areas have you worked in? Page 4of5 200 What service area would you like to gain experience in? What on-the-job-training have you received in the last six months? What training would you like to complete? Have you decided which career stream you wish to pursue? Why? PART 5 - REVIEWER'S SIGNATURES Employee's signature Date: Foremen's signature Date: PART G - MANAGER'S COMMENTS Manager's Comments Manager's Signature: Date: PART 7 - HUMAN RESOURCES DEPARTMENT HR Manager's Comments: Signature: Date reviewed: Page 5 of 5 201 AEiVI: 4 202 A. PERSONAL INFORMATION Employee Name: Job Title: Department: Date: B. PERFORMANCE PLAN Guide: This plan identifies achievable goals within areas of primary responsibility. Specific goals should be agreed upon, quantifiable, and reflect the critical aspects of the job. 1. Job Responsibility Performance Goals 2. Job Responsibility Performance Goals 203 Personal Performance Plan Page 2 Job Responsibility Performance Goals 4. Job Responsibility Performance Goals 5. Other Comments Guide: Include other relevant considerations. C. PERFORMANCE FACTORS Information: Employees will also be appraised on how the job is performed. Relevant factors include; planning, organizing and implementing; decision-making and initiative; knowledge; communications; and team building. D. ACKNOWLEDGEMENT Guide: Signatures of employee and supervisor reflect mutual agreement on Performance Plan. Employee: Date: Supervisor: Date: 204 EVALUATION 205 Performance Review Page 2 206 Performance Review Page 3 B. PERFORMANCE FACTORS Guide: Appraisal of how the job is performed. Relevant performance factors are identified below. Plannine. Oreanizine and implementing. Anticipates needs and issues, plans appropriate action and organizes people and resources for effective implementation. Co-ordinates activities and aligns with organizational priorities. Degree to which assignments are completed and responsibilities fulfilled. Decision-Makine and Initiative. Willingness to take charge and assume responsibility. Ability and courage in making sound and necessary decisions. Leadership ability. Fair and consistent application of policies and good management practices. Common sense. Knowledge. Knowledge of the job, the profession. How knowledge is applied. Innovation demonstrated and methods utilized. Ability to understand roles and responsibilities. Communications. How ideas and concerns are expressed, both orally and in writing. Proficiency and confidence in making presentations. Willingness to listen and consider the points of view of staff and colleagues. Working relationships with others. Team Building, Contribution to building the staff TEAM. Promotes interaction and sharing of knowledge and solutions. Receptiveness to new ideas and suggestions. Respects the role others. Coaches and counsels staff to improvetsustain job performance and to develop there potential. Other. Other relevant factors may also be considered. EVAL UATION Guide: Highlight strengths with examples. Identify areas where development or improvement is required. 207 Performance Review Page 4 C. FOLLOW-UP 208 Performance Review Page 5 D. SUPERVISOR Name: Position: Signature: Date: E. EMPLOYEE'S COMMENTS Signature: Date: F. REVIEW (as applicable) Name: Position: Signature: Date: G. HUMAN RESOURCES Signature Date: 209 ,A,PPENDIX 5 210 A. PERSONAL INFORMATION Employee Name: Job Title: Department: Date: B. PERFORMANCE PLAN Guide: This plan identifies achievable goals within areas of primary responsibility. Specific goals should be agreed upon, quantifiable, and reflect the critical aspects of the job. 1. Job Responsibility Performance Goals 2. Job Responsibility Performance Goals 211 Personal Performance Plan Page Z 3. Job Responsibility Performance Goals 4. Job Responsibility Performance Goals 5. Other Comments Guide: Include other relevant considerations. C. PERFORMANCE FACTORS Information: Employees will also be appraised on how the job is performed. Relevant factors include; planning, organizing and implementing; decision-making and initiative; knowledge; communications; and team building. D. ACKNOWLEDGEMENT Guide: Signatures of employee and supervisor reflect mutual agreement on Performance Plan. Employee: Date: Supervisor:.. Date: 212 C . III A. PERSONAL INFORMATION Employee Name: Job Title: Department: Period: B. PERFORMANCE PLAN - EVALUATION Guide An assessment of Performance Plan results, presented in clear, concise and factual terms, supported by specific examples. PRIMARY JOB RESPONSIBILITIES 1. 2. 3. 4. 5. EVALUATION 213 Performance Review Page 2 214 Performance Review Page 3 C. PERFORMANCE FACTORS Guide; Appraisal of how the job is performed. Relevant performance factors are identified below. Planning. Organizing and implementing. Anticipates needs and issues, plans appropriate action and organizes people and resources for effective implementation. Co-ordinates activities and aligns with organizational priorities. Degree to which assignments are completed and responsibilities fulfilled. Decision-Making and Initiative. Willingness to take charge and assume responsibility. Ability and courage in making sound and necessary decisions. Leadership ability. Fair and consistent application of policies and good management practices. Common sense. Knowledge. Knowledge of the job, the profession. How knowledge is applied. Innovation demonstrated and methods utilized. Ability to understand roles and responsibilities. Communications. How ideas and concerns are expressed, both orally and in writing. Proficiency and confidence in making presentations. Willingness to listen and consider the points of view of staff and colleagues. Working relationships with others. Team Building. Contribution to building the staff TEAM. Promotes interaction and sharing of knowledge and solutions. Receptiveness to new ideas and suggestions. Respects the role others. Coaches and counsels staff to improve/sustain job performance and to develop there potential. Other. Other relevant factors may also be considered. EVAL UATION Guide: Highlight strengths with examples. Identify areas where development or improvement is required. 215 Performance Review Page 4 D. FOLLOW-VP 216 Performance Review Page 5 F. EMPLOYEE'S COMMENTS Signature: , Date: G. REVIEW (as applicable) Name: Position: Signature: Date: H. HUMAN RESOURCES Signature: Date: 217 FIRE DEPARTMENT MEMO TO: Terry Totten - City Manager CC: Robert (Rob) Simonds - Fire Chief Mark Gillan - Deputy Fire Chief y? FROM: Kevin Clifford - Acting Deputy Chief DATE: April 15, 2009 SUBJ: Performance Assessments at SJFD Further to your request, please be advised that performance appraisals within the Saint John Fire Department are conducted at the following phases within the firefighter's career. HOLIDAY RELIEF FIREFIGHTER: A performance appraisal is currently being conducted on all Holiday Relief Firefighters on an annual basis. Consideration is now being given to a twice a year performance appraisal. The Holiday Relief Firefighter performance appraisal includes an assessment on the following skills, competency and attitude. ➢ Attendance ➢ Acquisition and maintenance of certifications ➢ Equipment operations and maintenance Incident experience and review ➢ Attitude in station at training and at incidents (scored 1 to 5) ➢ The holiday relief firefighter performance appraisal also includes a self assessment in which the HRFF provides commentary on how well they think they are doing. The Holiday Relief Firefighter helps to set the performance expectations for the following year which in turn sets the bench mark for the next performance appraisal. Typically a new firefighter will pass through the holiday relief program over a three to seven year period and as such will have a performance appraisal for the first 3 to 7 years. FIREFIGHTER CLASSIFICATIONS (Fireflahter 1 to IV Class) Once a holiday relief firefighter attains a permanent position (generally through attrition) the permanent firefighter passes through a 4 stage annual classification process during which further skills and competencies are attained. The newly appointed permanent firefighter undergoes a performance appraisal as he/she moves from each step of the classification process (4°i to 1 s`). The performance appraisal is conducted by the company officer at each step and includes a review of the following competencies and attitudinal performance ➢ Attendance ➢ Incident Response Station Work ➢ Training ➢ Appearance / Professionalism Cooperativeness ➢ Judgment ➢ Initiative ➢ Reliability 218 2 The combination of performance assessments throughout the holiday relief and the four classification periods, provides that firefighters have performance assessments on an annual basis for the first six to ten years of their career ROSTER THREE: Firefighter to Qualified Lieutenant (Senior Firefighter) A performance appraisal is conducted on each candidate who chooses to participate in the Roster Three Process. Each candidate is assessed by: Their respective Officer Their respective District Chief The Captain of Training The Deputy Fire Chief The Fire Chief The respective performance appraisals include assessments on technical skills, emergency response, initiative, leadership, and attendance. ANNUAL PERFORMANCE APPRAISAL ON FIRE MANAGERS As we had discussed there is also an annual performance appraisal on all fire service managers. Hopefully you will find this information helpful as you work on your response to council. If I can be of any other assistance please do not hesitate to give me a call (658 2836 1 647 9387). Kevin Signed: Kevin Clifford, Acting Deputy 219 12- 8, 4 " The City of Saint John April 24, 2009 His Worship Mayor Ivan Court And Members of the Common Council Your Worship and Councillors: Re; Employee Evaluation Practices City Solicitors Office Bureau de Pavocat municipal The City Manager has provided me with a copy of his correspondence in this matter addressed to Common Council, Having had an opportunity to read it I would concur generally with his observations and conclusions. Our department, as you realize, is very small and consequently l have direct and close familiarity with the work habits and work product of each member. We've utilized the performance appraisal/work plan protocol since its inception. However, in addition the assessment of the performance of those whom I supervise has a more continuing and dynamic dimension as noted. At this time I would not recommend any material change to the existing process. Respectfully Submitted, John . Nugent City Solicitor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 i wvww.saintjohn.ca I CA 1971 Saint Jahn, N.-B. Canada E2L 4L7 220 April 27, 2009 His Worship Mayor Ivan Court And Councillors Subject: Performance Management - Common Clerk's Office Your Worship and Councillors, In December, 2008 Council passed a resolution to hear from the four senior positions that report directly to Council on the matter of performance management system used in their departments. The City Manager has a report responding to this matter on the agenda of tonight's meeting. The City Manager shared his report with me and the information given is similar to how performance management is conducted in the Clerk's office. The Clerk's office is small and performance management occurs daily. We complete appraisal forms and work/training plans according to the collective agreement, and for non-union employees similar to the description in the City Manager's report. I concur with the City Manager's report on performance management and believe that the system in place in the Clerk's office is comparable to any other in the human resource market. Sincerely, Elizabeth Gormley Common Clerk 221 ay REPORT TO COMMON COUNCIL M&C #2009-105 April 15, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: AUTOMATED VEHICLE LOCATION SYSTEM / GLOBAL POSITIONING SYSTEM PURPOSE: 'rhe City of Saint John On this evening's agenda, Councillor Sullivan is asking for Council's support for the following resolution; "The City Manager report back; with a recommendation to Council, regarding the use of GPS tracking systems to monitor the use of city vehicles in the delivery of services. This report is to be delivered to Council no later than June 8th, 2009. " The purpose of this report is to respond in a timely fashion to this request. BACKGROUND; As background, Councillor Sullivan did raise his concerns with city staff in January of 2009. Councillor Sullivan had received inquiries from citizens and apparently the issue of the use of city vehicles had been raised at some of the ward meetings. The objective of Councillor Sullivan's inquiry as contained in his e-mail of January 8"' was; °I would like to be able to say (with proof) publically that city vehicles are oilly being used for city business. That is my goal. I ant hoping that this ATrL System will allow us to do that. " On that same day, Mr. Logan responded to Councillor Sullivan's inquiry and attached to this report is a copy of his response(s). In short, Mr. Logan points out the following; 1) An AVL System (Automated Vehicle Location) is being installed in the majority of the City's vehicle fleet. 2) Common Council awarded a supply agreement to Grey Island for the supply and ongoing support of the AVL System. 3) This initiative and awarding of the agreement was a joint effort between the City of Saint John and the Transit Commission. 222 E_ - - 21r,a- c R E° 1) r t t a C 0 111 111 0 11 C" o kd 11 C i Subiect AVI. Syste1ri 04i 1 /-2001 4) The AVL System is far more than a GPS System. While location can be determined, the impetus was to gather information related to vehicle functions, performance and condition. 5) The AVL System monitors idling time, product distribution rates for salt and sand, engine performance and much more. 6) In May of 2008, a pilot project began and 30 units were installed. Early in 2009 phase II will begin and the scheduled rollout will be completed in 2010 on schedule. 7) The primary thrust of installing the AVL System was aimed at improving the City's Vehicle Preventative Maintenance Program, as well as to better control and monitor the use of product whether that be fuel, salt, or sand. 8) A secondary benefit was to be able to identify the location of snow clearing vehicles during storm events so as to be able to better respond to citizens' inquiries. Mr. Logan then addresses Councillor Sullivan's specific question. He states, "As to monitoring of vehicles to see if they are being used appropriately, while there is a GPS capability, this was never the intention of the AVL Program. " He goes on to state, "While we take these complaints very seriously, the cost to put resources in place to monitor the movement of every vehicle, every hour of every day would be astronomical. " Obviously, the City of Saint John invests heavily in the most current technologies to improve both the effectiveness and efficiency of service delivery. However, the acquisition of technology will, by itself, not allow either elected officials or management to state that there is absolutely never any misuse of a city vehicle. Along with the technology, the City must continue with appropriate hiring policies, consistent reinforcement of the values of this Organization and continually motivate the workforce. Even with all of this, it would be naive to suggest that there will not be occasions when citizens of our community question the location of city vehicles. On occasion staff has also noted that the anonymous writers on the internet have referenced such situation. Receiving such calls or reports does occasionally occur and staff would wish to give assurances to both citizens and callers that. such calls are taken very seriously and appropriate action, when necessary, is always taken. REcommENDATION: To be received and filed. Enclosure: 223 Terrence L. Totten, FCA CITY MANAGER Beckett, Andrew From: Logan, Dave Sent: Thursday, January 08, 2009 3:59 PM To: Sullivan, Gary; Beckett, Andrew Subject: RE: Fleet questions Hello Councillor Sullivan I will attempt as best I can to address your questions while providing some additional insight into the AVL System and it's intended purpose. The AVL System is being installed in the majority of the City's vehicle fleet. This system is being purchased to address a number of needs not the least of which relate to vehicle performance and preventative maintenance, this is a key role for the system and one area where there exists a potential for return on investment exists. Municipal Operations in their needs analysis pointed to a requirement to monitor and better control, for cost purposes, the amount of salt and/or sand material being used in response to weather events. This again was identified as an cost effective initiative related to better efficiency through control. Of additional concern was the need expressed by Municipal Operations to locate snow clearing vehicles during a storm events in order to respond to citizen concerns about when they could expect to see a plow or get some salt and sand or get their sidewalk plowed, etc, etc. The AVL System has the ability to plug into any of the electronic controls on a vehicle or piece of equipment and to report on its function. This includes whether a plow is up or down, whether a spreader is on or off and how much material is being used, whether a pump on a fire truck is working to peak manufacturers specifications, how much time a vehicle has spent idling, fuel consumption rates against industry standards and on and on. This information will be provided in an exception report format as it would be totally overwhelming to receive a Iprint- out on every aspect of vehicle's performance every day. As to the monitoring of vehicles to see if they are being used appropriately, while there is a GPS capability this was never the intention of the AVL Program. Concerns or complaints by citizens about the inappropriate use of City owned vehicles has been ongoing for as long as I've worked for the City and while we take these complaints seriously, the cost to put resources in place to monitor the movement of every vehicle, every hour of everyday would be astronomical and I'm sure that's not what your proposing. What I can tell you is that when we receive a complaint or a concern or even a question as to why a certain vehicle was seen somewhere that it should not have been, we now have a tool, in the form of AVL, that will allow us to either look back in time, or look real-time if the event is occurring in the present, as long as we have a vehicle number and a date and approximate time, so that we can track, after the fact, or again, real-time, the movement and location of a vehicle over a given period. In other words if we receive a concern about an employee taking a City vehicle home during the middle of a work day, or some other inappropriate use, and we know the vehicle number and approximate date and time, we will have a tool that can look at the historical records of the vehicle and print out an activity report, including tracking on a map. Should the complaint prove to be legitimate the information provided by the AVL System will help support our investigation of the complaint and bring the employee to task should it prove to be a violation, with evidence to support our actions.. So in a roundabout way, the answer to your question is; yes it is our intention to install AVL units in as many City owned and Commission owned - Parking. Commission, Transit. Commission and Police Commission(all at their cost) vehicles as 224 possible, by the end of 2010. and -Each individual department that has vehicles and equipment will have access to the information available from the AVL System as it relates to the usage of vehicles under their control, however while the system will provide evidence and support, it is not intended for constant monitoring. I hope this answers your concerns. I Know it's difficult to provide guarantees and assurances to the public, and while we can't prevent the occasional breach of trust we do have systems in place to deal with almost every eventuality once we are made aware of the concern. Respectfully Dave Logan, Manager Materials & Fleet Management 225 Sent: Thursday, January 08, 2009 11:35 AM To: Sullivan, Gary Cc: Logan, Dave Subject: RE: Fleet questions Councillor, I'm attaching below some information from our Fleet Services area, which is over-seen by David Logan, regarding our move to put vehicle locater devices in various fleet equipment. Having said that I'm not sure that it addresses the particular vehicles you may be referring to. Specifically you have asked what individuals have a city vehicle 100% of the time. This list is quite short being restricted to the Mayor, the City Manager, Fire Chief, Deputy Fire Chief, Commissioner of Municipal Operations and possibly two or three other senior operational managers. Outside of this the other vehicles are assigned based on on-call provisions and operational requirements. in terms of ensuring that people aren't going home on other occasions, this really is an employment matter that extends far beyond the possible misuse of a city vehicle. I'd suggest that if you or others have specific concerns please bring them to our attention so that we can follow-up accordingly. Each City Vehicle is assigned, and has visibly displayed on the exterior of the vehicle, a three digit vehicle number which can be used for our tracking purposes so if you can make note of this number we can ensure appropriate follow-up is taken. Hope this helps. If you need anything further please let me know. Andrew Here's the information on the vehicle location system: Early on in 2008 Council approved the award of a supply type contract to Grey island for the supply and ongoing support of a vehicle AVL (Automated Vehicle Location) System. This proposal was a joint effort between the City of Saint John and Saint John Transit. The needs and requirements identified by the various stakeholder departments and Saint John Transit required that a comprehensive AVL System which is more than just a. GPS vehicle locator be purchased. The AVL System while providing GPS location also provides valuable information about the vehicles functions, performance and condition. The AVL monitors things like idling time, product distribution rates for salt and sand trucks, engine performance, and much more. Some of these performances are measured against predetermined standards and exception reports are issued when performance deviates beyond acceptable standards. In May, Fleet Services began the installation of 30 units for Pilot project purposes, in September we started the installation of the first phase of the program which will be completed this month. Early in 2009 we will undertake phase 2 and in 2010 we will conclude the project as per the scheduled previously presented to Council. While there are still some minor issues, as a result of the Pilot Project, these are being addressed as we move forward with the program. Fund's to cover the cost of this project are included in the 2009 and 2010 IT Capital Budget submission. 226 REPORT TO COMMON COUNCIL April 27, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: Neighbourhood Development Stimulation Grant Applications 2009 Vibrant Communities, the ONE Change, PULSE, Crescent Valley Resource Centre, Quality Story Tent Club, The Resource Centre for Youth and Westside PACT have submitted requests for funding through the City of Saint John ""Neighourhood Development Stimulation Grant" 2009 Program. These groups all work and volunteer in the priority neighbourhoods and have made a positive impact on these neighbourhoods. Each organization is requesting funding through the Neighbourhood Development Stimulation Grant Program to sustain their operations and continue to provide each of their respective priority neighbourhoods valued services and positive outcomes. ANALYSIS: City staff met with each organization to discuss their needs and request for funding through the Neighbourhood Development Stimulation 2009 Grant Program. The following analysis and recommendations are provided. Considerations The existing terms of reference specify two deadline application dates of March 31st and September 30'h of each year. In staff's opinion, March 31t of each year should be the established deadline date in the terms of reference for receiving applications for the Neighbourhood Development Stimulation Grants. Staff is concerned that there will be very little funds remaining in this grant program come September. By making March 31st as the deadline all applicants will have the same opportunity to obtain funding and be assessed on an equal level. Staff has requested those organizations that are to submit applications in September to now submit an application for the March 31s~ deadline requesting funding to cover the period from October 1, 2009 to March 31, 2010. This will 227 align all organizations to the once a year submission deadline date of March 31st for this grant program. The terms of reference also calls for sustainability principles whereby organizations become sustainable. Applications received by a number of organizations are requesting 2009 funding to sustain and extend an existing program previously supported through the 2008 Neighbourhood Development Stimulation Grant Program. In staffs opinion sustainability of these neighbourhood initiatives is not achievable within a one year period, and therefore are recommending to Common Council to continue with financial support of these initiatives for another year. The terms of reference for the Neighbourhood Development Stimulation Grants stipulates applicants must demonstrate approved funding in an amount equal to 50% of the amount to be provided by the City has been obtained or is available from other sources. These organizations have met this criteria through in kind support and funding through other levels of government, local business and community supporters. A summary on each organization's application is provided by staff with a recommendation that supports funding to align each organization with the March 31't submission deadline. Quality Story Tents The Quality Story Tents is a literacy initiative which has been offered to the Crescent Valley neighbourhood since 2003. This program is supported by the Saint John Free Public Library and the Literacy Coalition of New Brunswick. The Greater Saint John Foundation usually supports this initiative however will not be financially supporting Quality Story Tents in 2009. The Quality Story Tents is requesting funding that will not only sustain the existing program offered in the Crescent Valley neighbourhood, but also to extend the program to the Anglin Drive and Old North End neighbourhoods. Daily attendance to these story tents on average is 24 children a day with a range in attendance from 4 - 40. There is an opportunity for the summer playground program in these neighbourhoods to take advantage of the Quality Story Tents program throughout the summer. Staff feels sustaining and expanding this literacy program is very important to the youth of these neighbourhoods and recommends funding be approved to support this initiative. 228 Crescent Valley Resource Centre This application is a renewal request for financial support of the Crescent Valley Resource Centre operations and for sustained employment of their Community Development Coordinator position. The Resource Centre has had a positive influence on this neighbourhood by hiring a Community Development Coordinator in 2008. Many positive outcomes have been achieved and the neighbourhood is engaged in programs and services offered by the Resource Centre. Staff feels this organization has gained momentum in making positive changes in the neighbourhood and recommends funding be approved to sustain these efforts. Vibrant Communities - "Around the Block Neighbourhood Newspaper" The "Around the Block Neighbourhood Newspaper" is requesting an extension of their grant which will align this request with the March 31't submission deadline as proposed by Leisure Services staff. This neighbourhood paper continues to evolve and improve in both quality and quantity. The paper brings the five priority neighbourhoods together using this tool to promote, communicate and praise each neighbourhood's accomplishments and success stories. Furthermore it provides learning and educational opportunities for residents to be authors of stories in the newspaper. The 4~h edition of the paper was recently printed for a distribution of 7,000 copies, 1,000 more than the previous edition. Staff feels that the Neighbourhood Newspaper will need continued support and recommends funding be approved for the newspaper for editions 7, 8, and 9 which will sustain this initiative until March 31, 2010. Vibrant Communities - "Neighbourhood Economic Development Initiative This is a new initiative that Common Council previously approved for funding in a separate application from Vibrant Communities. This initiative is noted in this report to include the total amount of requests for funding through the Neighbourhood Development Stimulation Grant in 2009. Vibrant Communities - "Vibrant Neighbourhood Assistants" The "Vibrant Neighbourhood Assistants" program is a leadership building initiative which strengthens the leadership capacity of residents. The focus is resident led 229 community and neighbourhood development with poverty reduction as its main objective. Continued funding of this initiative is made possible through the Province of New Brunswick. In December 2008, the Province of New Brunswick announced a three year funding for VCS] to support the comprehensive approach to reducing poverty in Saint John with an emphasis on neighbourhood development. This multi-year funding is contingent on Vibrant Communities obtaining other sources of funding for these initiatives. The cost for the Neighbourhood Assistants program- is $54,354. Vibrant Communities is requesting $25,000 through the Neighbourhood Development Stimulation Grant 2009 Program. Staff recommends support in the amount of $22,335. One Change Inc. The One Change Inc. is a renewal request for financial support to sustain employment of the Youth Coordinator and Neighbourhood Coordinator positions. These positions have built leadership capacity within the community and have resulted in program opportunities and positive outcomes in the neighbourhood. The One Change works with many partners in the neighbourhood including the North End Community Centre, Main Street Baptist Church and Lorne School. The One Change is concerned that without the support from the City of Saint John at this time, the momentum which has been gained in the neighbourhood will be jeopardized. The One Change continues to lobby the federal government to release promised funds through the National Crime Prevention Fund to support these initiatives, however, to date these funds have not been secured. Staff supports the One Change efforts in the neighbourhood and recommends funding be approved to sustain this initiative. The Resource Centre for Youth (TRC) The TRC is requesting an extension of their 2008 grant application which supports employing staff for the Oasis Program. The Oasis Program provides services and support to youth who are "homeless" or "near to being homeless" in our community. The TRC Oasis program was noted as an excellent model at the National Homeless Conference recently held in Ontario. Through support of the City of Saint John two TRC delegates were able to attend this conference which focused on the challenges for the homeless. The TRC is confident funding through the National Homeless Initiative through the federal government will continue to provide partial funding to its Oasis Program. Staff is supportive of this request to extend funding for the Oasis Program. 230 Westside PACT The Westside PACT is requesting an extension to their 2008 grant application which supports employing staff at the Westside PACT facility located in the priority neighbourhood of the tower West Side. Westside PACT is requesting funding for the period of September 2009 to March 2010 for the necessary staff leadership in providing and sustaining established health, wellness and neighbourhood initiatives. Neighbourhood engagement and support has been strong for programs and initiatives such as the Bike Rodeo, Neighbourhood Clean up, Canada Day and New Brunswick Day celebration which are spearheaded by Westside PACT. Westside PACT is also the lead agency that secured provincial and municipal funding for the Westside Wellness Centre which will soon be located in the basement of the Carleton Community Centre. Staff is supportive of this request which will sustain the momentum and positive outcomes Westside PACT has made in this neighbourhood. This request will align the Westside PACT funding with the March 31't submission deadline as proposed by Leisure Services Staff. Pulse (People United Lower South End) This is a first time application to the Neighbourhood Development Stimulation Grant program made by Pulse. Pulse is requesting funding from the City of Saint John to support the establishment of the Neighbourhood Resource Centre at the newly built Pulse building on Wentworth Street, which also serves as the Community Police office. Pulse currently operates this new building through a board of directors and volunteers in the community. This group is requesting enough funding to establish the resource centre that will service all groups and organizations such as Seacats and the neighbourhood assistants in the South End neighbourhood. Pulse has been very active in providing a number of other programs and services within the neighbourhood and is currently engaged in organizing the South End Expo, South End Days and other programs for the South End. Staff supports Pulse's request for funding; however, feel in the near future Pulse may require similar support to that of the Crescent Valley Resource Centre, One Change and Westside PACT as the need to employ a Community Development Coordinator may evolve. 231 Table 1: Grant Amount Requested / Recommendation Group / Project I Request Recommendation Quality Story Tents 8,000 1 8,000 Crescent Valley Resource Centre 25,000 125,000 Around the Block - Neighbourhood Newspaper 12,500 11,250 (Vibrant Communities) *Vibrant Economic Development 19,000 19,000 (previously approved by Common Council) FVibrant Neighbourhood Assistants 25,000 122,335 ONE Change 125,530 125,000 1 TRC 1 12,691 112,000 Westside PACT 1 14,600 14,600 PULSE 12,815 1 12,815 1 TOTAL 155,136 1150,000 1 Supporting these requests will enable each organization to effectively mobilize, staff (paid / volunteer), and sustain the momentum these organizations have achieved in identifying neighbourhood needs and providing programs and services. RECOMMENDATIONS: That Common Council supports the listed organizations by providing a grant to these organizations as per the recommendation outlined in Table 1 and further, That Common Council approves the change in the terms of reference specifying an application submission deadline date of March 31st each year. Respectfully submitted, Kevin Watson Recreation Manager City Manager 1 Terrence L. Totten FCA City Manager 232 I V ~ u i ii mm IIIIIII III F OPEN SESSION M&C2009-118 April 23, 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Derelict Buildings By-law City of Saiia Jahn BACKGROUND In November 2008, Council directed staff to find new and innovative ways to address vacant and derelict buildings that may be partly or completely boarded up but do not fall within the category of unsightly or dangerous under the Saint John Unsightly Premises or Dangerous Buildings By-law. At the February 16, 2009 meeting of Common Council, staff provided an update of the by-law being drafted to address these types of buildings. The by-law attached is now provided to Council for its review and input. ANALYSIS Under the Derelict Buildings By-law, a derelict building is one that is vacant, neglected, poorly maintained and unsuitable for occupancy. It may include a building: • that is in a ruinous or derelict condition, • that the condition of which seriously depreciates the value of land or buildings in the vicinity, • that is in such a state of non-repair as to be no longer suitable for human habitation or business purposes, • that is an allurement to persons, who may play or enter to their danger, • that is a fire hazard to itself or to surrounding lands or buildings, • that has remained unoccupied by its owner, tenant, or other lawful occupier for a continuous period of over 30 days, or • that has been secured and maintained in compliance to section 10 of this By-law for a continuous period of over 30 days. 233 M & C 2009 - 118 -2- April 23, 2009 When a building is deemed to be derelict, the City may issue a Notice to Comply to the owner to remedy the condition within 120 days in one of three ways: 1. Bring the building up to habitable standards, or 2. Bring the building up to a standard as outlined in the by-law. The standards (Schedule "A") requires the exterior of a building to be repaired such that the building is no longer derelict, or 3. Demolish the building. If an owner fails to comply with a Notice, the City may remedy the condition by demolishing the building and cleaning up the property. Prior to demolition, staff would present the case to Council so it may consider the condition of the building, the effect of the building on neighbouring properties and the community, and make a determination if it is appropriate for the City to remedy the condition by demolishing the building. Costs associated with the demolition would be billable to the property owner. The by-law also requires vacant buildings to be kept secure in accordance with specifications in the by-law. For example, all window and door openings are to be secured, even storeys above the first floor. The required thickness of panels/boards, screw type and spacing are also specified. Panels/boards are to be painted to match the siding colour or be painted white. If an owner fails to secure a building as specified, the City may choose to remedy the condition by securing the building and recovering the costs from the owner. Although a property owner may secure a derelict building in compliance with the by-law, there is a time limit imposed for how long a vacant building can be kept secured. An owner has 30 days that a building can be secured before the building is considered derelict after which time, a Notice to Comply may be issued requiring further action. The enforcement and administrative provisions included in the Derelict Buildings By-law are the same as that outlined in the Saint John Unsightly Premises and Dangerous Buildings By-law and the Saint John Minimum Property Standards By-law, including: 1. Failure to comply with a Notice is an offence and is subject to a fine of $1,000. 2. Daily fines can be imposed, ranging from $240 to $5,120 for each day the offence occurs. 3. A ticket may be issued for failing to comply with the standards enumerated in the By-law. 4. Costs to remedy the condition - either securing or demolishing the building are billable to the property owner. 5. The City can recover the costs from the Province through property taxes, after all reasonable attempts have been made to receive payment from the property owner. 234 M & C 2009 - 118 - 3 - April 23, 2009 11 6. After being issued a Notice to Comply, an owner can appeal to a committee appointed by Council. 7. A Notice to Comply can be registered at the Registry Office. As Council is aware, current Provincial legislation does not allow for a municipality to enact a by-law such as the attached Derelict Buildings By-law. If Council wishes to enact the by-law, staff will proceed to petition the Province of New Brunswick's Department of Local Government for the necessary changes to the Municipalities Act. RECOMMENDATION Your City Manager recommends that staff be directed to contact the appropriate Provincial authorities to have the necessary amendments to the Municipalities Act made to enact the Derelict Buildings By-law. Respectfully submitted, Amy Poffenroth, P.Eng MBA Deputy Commissioner Buildings and Inspection Services Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager 235 The Cite of Saint John A By-law respecting Derelict Buildings By-law Number M- The City of Saint John New Brunswick Arrete relative aux batiments tombes en ruines Arrete numero M- The City of Saint John Nouveau-Brunswick 236 TABLE OF CONTENTS Section Description Page Recitals 3 1 Title & Scope 3 2 Definitions 4 3 Interpretation 5 4 Determination of a Derelict Building 6 5 Issuance of a Notice 6 6 Proof of Service 7 7 Admissible Evidence 7 8 Performance Standards 8 9 Failure to Comply with a Notice 8 10 Standards for Securing and Maintaining a Derelict Building 8 11 Appeals 9 12 Registration of a Notice 10 13 Offences 11 14 Ticketable Offences 11 15 Remedies 12 16 Right of Entry 12 17 Certificate for Debt 13 18 Lien 13 19 Debt Due to Municipality 14 20 Exemption 16 21 General 16 Schedule "A" 18 April 24, 2009 Version 237 RECITALS 1. The Common Council of The City of Saint John considers that vacant and derelict Residential and Non-Residential Buildings are a major blight affecting the quality of life in residential and non- residential neighbourhoods. Vacant and Derelict Buildings can negatively impact the property value of real estate due to negative perceptions of unsafe and deteriorating residential and non- residential neighbourhoods. 2. The Common Council deems it advisable to pass this By-law because it will establish standards to regulate the condition and maintenance of vacant and derelict Residential and Non- Residential Buildings. 3. The Common Council deems it advisable to pass this By-law because it will allow more effective standards to regulate Vacant and Derelict Buildings in residential and non-residential neighbourhoods. 4. The Municipalities Act provides authorization for municipalities, to pass by-laws respecting Derelict Buildings pursuant to Section of the Act. 5. Pursuant to subsection 100(1)(a) of the Municipalities Act, a person who violates any provision of a by-law commits an offence and is liable on conviction to a fine. 6. Notice of this By-law and of the Common Council meeting at which this By-law was discussed were provided in accordance with the provisions of the Municipalities Act. NOW THEREFORE, the Common Council of The City of Saint John, under authority vested in it by Section of the Municipalities Act, enacts as follows.. 1 TITLE & SCOPE 1(1) This By-law maybe cited as the "Saint John Derelict Buildings By-law." 1(2) This By-law outlines the standards of Residential and Non-Residential Buildings within the City and has the following objectives: (a) to adopt and establish standards governing the condition and maintenance of Unoccupied, Vacant and Derelict Buildings; and April 24, 2009 Version 238 -4- (b) to regulate the conduct and activities of owners of Residential and Non-Residential Buildings and immediately adjacent areas in order to promote safe, enjoyable and reasonable use of such properties for the benefit of all citizens of the City. 2 DEFINITIONS 2(1) Whenever a word is used in this By-law with its first letter capitalized, the term is being used as it is defined in this Section. Where any word appears in ordinary case, its regularly applied meaning in the English language is intended. (a) "Building" means a Residential or Non-Residential Building; (b) "City" means The City of Saint John; (c) "Common Council" means the elected municipal council of The City of Saint John; (d) "Derelict Building" means a building that is vacant, neglected, poorly maintained, and unsuitable for occupancy which may include a building: (i) that is in a ruinous or derelict condition; (ii) that the condition of which seriously depreciates the value of land or buildings in the vicinity; (iii) that is in such a state of non-repair as to be no longer suitable for human habitation or business purposes; (iv) that is an allurement to persons, who may play or enter to their danger; (v) that is a fire hazard to itself or to surrounding lands or buildings; (vi) that has remained unoccupied by its owner, tenant, or other lawful occupier for a continuous period of over 30 days; or (vii) that has been secured and maintained in compliance to section 10 of this By-law for a continuous period of over 30 days. (e) "Habitable Standards" means a Residential Building that is in conformance with the Saint John Minimum Property Standards By-law. It also means a Non-Residential Building that is in conformance with the National Building Code; April 24, 2009 Version 239 -5- (f) "Inspection Officer" means an inspection officer appointed under this By-law and designated by resolution of Common Council; (g) "National Building Code" means the latest edition of the National Building Code of Canada adopted by Common Council; (h) "Non-Residential Building" means a building that is not a residential building and includes buildings that have been used for commercial or industrial occupancies; (i) "Notice" means a Notice to Comply in the form prescribed by Regulation under the Municipalities Act issued by a Standards Officer; (j) "Residential Building" means a building that has been used for residential occupancies; (k) "Standards Officer" means a standards officer appointed under this By-law and also a by-law enforcement officer appointed pursuant to section 14 of the Police Act and designated by resolution of Common Council for the administration and enforcement of this By-law; "Unoccupied" means (i) a building, structure or improvement that is no longer used by an owner, tenant or other lawful occupier thereof for its accustomed and ordinary purpose; and (ii) there is n' apparent intention on the part of an owner, tenant, or other lawful occupier to resume occupancy of that building, structure or improvement. (m) "Vacant" in relation to a building means a building that is not being used or occupied for a continuous period of more than 30 days. 3 INTERPRETATION 3(1) Rules for interpretation of the language used in this By-law are contained in the lettered paragraphs as follows: April 24, 2009 Version 240 -6- (a) The captions, article and section names and numbers appearing in this By-law are for convenience of reference only and have no effect on its interpretation. (b) This By-law is to be read with all changes of gender or number required by the context. (c) Each reference to legislation in this By-law is printed in Italic font. Where the name of the statute does not include a year, the reference is to the Revised Statutes of New Brunswick, 1973 edition. Where the name of the statute does include a year, the reference is to the Statute of New Brunswick for that year. In every case, the reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By-law references other by-laws of the City, the term is intended to include all applicable amendments to that by-law, including successor by-law. (d) The requirements of this By-law are in addition to any requirements contained in any other applicable by-laws of the City or applicable provincial or federal statutes or regulations. (e) If any section, subsection, part or parts or provision of this By- law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By-law as a whole, nor any other part of it. 4 DETERMINATION OF A DERELICT BUILDING 4(1) When a Building is deemed to be derelict, the City may direct an owner to remedy the condition as specified in a Notice. 4(2) When a Building is not in compliance to the standards enumerated in subsection 10(1), the City may direct an owner within a period of 5 days after being given a Notice, to secure and maintain the Building. 5 ISSUANCE OF A NOTICE 5(1) Where a condition mentioned in this By-law exists, a Standards Officer may notify an owner of the Building by Notice which shall: (a) be in writing; (b) be signed by the Standards Officer; (c) state that the condition referred to in this By-law exists; April 24, 2009 Version 241 -7- (d) state what must be done to correct the condition; (e) state the date before which the condition must be corrected; and (f) if an appeal may be brought under subsection 11(1), state the final date for giving notice of the appeal. 6 PROOF OF SERVICE 6(1) A Notice referred to in subsection 5(1) shall be given: (a) if the person to be notified is an individual, by personal delivery on the individual or by posting the Notice in a conspicuous place on the Building; or (b) if the person to be notified is a corporation, by personal delivery on an officer, director or agent of the corporation or on a manager or person who appears to be in control of any office or other place of business where the corporation carries on business in New Brunswick or by posting the Notice in a conspicuous place on the Building. 6(2) Proof of the giving of notice in either manner provided for in subsection 6(1) may be by a certificate or an affidavit purporting to be signed by the officer referred to in subsection 5(1), naming the person to whom the Notice was given and specifying the time, place and manner in which the Notice was given. 7 ADMISSIBLE EVIDENCE 7(1) A document purporting to be a certificate under subsection 6(2) shall be: (a) admissible in evidence without proof of signature, and (b) conclusive proof that the person named in the certificate received notice of the matters referred to in the certificate. 7(2) In any prosecution for a violation under this By-law, where proof of the giving of notice is made as prescribed under subsection 6(2), the burden of proving that one is not the person named in the certificate or affidavit shall be upon the person charged. 7(3) A Notice given under subsection 6(1) and purporting to be signed by a Standards Officer appointed by Common Council shall be: April 24, 2009 Version 242 -8- (a) received in evidence by any court in the Province without proof of the signature, (b) proof in the absence of evidence to the contrary of the facts stated in the Notice, and (c) in a prosecution for a violation under this By-law, proof in the absence of evidence to the contrary that the person named in the Notice is an owner of the Building in respect of which the Notice was given. 8 PERFORMANCE STANDARDS 8(1) Upon issuance of a Notice, an owner must within 120 days: (a) bring the Building up to Habitable Standards; or (b) bring the Building in compliance to the standards enumerated in Schedule "A" attached hereto; or (c) demolish the building. 9 FAILURE TO COMPLY WITH A NOTICE 9(1) Where an owner fails to comply with a Notice, the City may, after having received Common Council approval to do so, demolish the Building and clean up the property. 10 STANDARDS FOR SECURING AND MAINTAINING A DERELICT BUILDING 10(1) In addition to requirements set out in Schedule "A", a Notice may direct an owner to secure the Building to meet the following minimum standards: (a) panel type material not less than 19 millimeters in thickness must be used to secure all openings; (b) panels used to secure openings must be secured with not less than 50 millimeters - # 8 screws spaced a minimum of 0.5 meters on centre around the perimeter of the panel; (c) panels used to secure openings must be tightly fitted and be painted to match the shingles or siding, or painted white; and April 24, 2009 Version 243 -9- (d) the remainder of the Building and property must be maintained so as not to be "dangerous or unsightly" pursuant to section 190 of the Municipalities Act. 10(2) An owner of a Building shall be eligible to secure and maintain the Building in accordance to this section for a period of not more than 30 days after having been given the Notice, thereafter, the Building shall be considered as a Derelict Building. 11 APPEALS 11(1) An owner of a Building who has been given a Notice under subsection 6(1), and who is not satisfied with the terms or conditions set out in the Notice may appeal to the appropriate committee of council by sending a notice of appeal by registered mail to the clerk of the City within 14 days after having been given the Notice. 11(2) A Notice that is not appealed within the time referred to in subsection 11(1) shall be deemed to be confirmed. 11(3) On an appeal, the committee of council shall hold a hearing into the matter at which an owner bringing the appeal has a right to be heard and may be represented by counsel. 11(4) On an appeal, the committee of council may confirm, modify or rescind the Notice or extend the time for complying with the Notice. 11(5) The committee of council shall provide a copy of its decision to an owner who brought the appeal within 14 days after making its decision. 11(6) An owner provided with a copy of a decision under subsection 11(5) may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within 14 days after the copy of the decision was provided to an owner on the grounds that: (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. 11(7) On the appeal, the judge of The Court of Queen's Bench of New Brunswick may confirm, modify or rescind the whole or any part of the decision of the committee of council, and the decision of the judge under this subsection is not subject to appeal. April 24, 2009 Version 244 - 10- 11(8) A Notice that is deemed to be confirmed under subsection 11(2) or that is confirmed or modified by the committee of council under subsection 11(4) or a judge of The Court of Queen's Bench of New Brunswick under subsection 11(7), as the case may be, shall be final and binding upon an owner who shall comply within the time and in the manner specified in the Notice. 11(9) An appeal does not prevent a further notice from being given under subsection 6(1) in relation to a condition referred to in the Notice that is the subject of the appeal if there has been a change in the condition. 12 REGISTRATION OF A NOTICE 12(1) In this section: (a) "land registration office" means the registry office for the County of Saint John or the land titles office for the said registration district. 12(2) A Notice given under subsection 6(1) may be registered in the land registration office and, upon such registration, any subsequent owner of the Building in respect of which the Notice was given shall be deemed to have been given the Notice on the day on which the Notice was given under subsection 6(1). 12(3) For the purposes of registering a Notice under subsection 12(2), section 44 of the Registry Act and section 55 of the Land Titles Act do not apply. 12(4) Within 30 days after the terms of the Notice have been complied with or a debt due to the City under subsection 15(1) or due to the Minister of Finance under subsection 19(3), as the case may be, is discharged, the City shall provide a certificate in the form prescribed by regulation to that effect to the person to whom the Notice was given under subsection 6(1) or deemed to have been given under subsection 12(2), as the case may be, and the certificate shall operate as a discharge of the Notice. 12(5) A person to whom a certificate is provided under subsection 12(4) may register the certificate in the land registration office, and, upon registration of the certificate, the appropriate registrar of the land registration office may cancel registration of the Notice in respect of which the certificate was provided. April 24, 2009 Version 245 -11- 13 OFFENCES 13(1) An owner of a Building who fails to comply with the terms of a Notice given under subsection 6(1) commits an offence that is, subject to subsections 13(2) and 13(3), punishable under Part II of the Provincial Offences Procedure Act as a category F offence. 13(2) Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where an owner commits an offence under subsection 13(1) in relation to a Notice given under subsection 6(1) with respect to a Building, the minimum fine that may be imposed by a judge under the said Act in respect of the offence shall be one thousand dollars. 13(3) Where an offence under subsection 13(1) continues for more than one day, (a) if the offence was committed by an owner in relation to a Notice given under subsection 6(1) with respect to a Building, (i) the minimum fine that may be imposed is the sum of (A) one thousand dollars, and (B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. 13(4) The conviction of an owner under this section does not operate as a bar to further prosecution for the continued neglect or failure on his or her part to comply with the provisions under this By-law. 14 TICKETABLE OFFENCES 14(1) A person who violates or fails to comply with this By-law may be served with a ticket by a Standards Officer and: (a) commits an offence under subsection (similar to 94.2(3)) or (similar to 102.1(1.2)) of the Municipalities Act) may pay an amount of nine hundred dollars April 24, 2009 Version 246 - 12- and upon such payment, the person is not liable to be prosecuted for the offence. 15 REMEDIES 15(1) If a Notice has been given under subsection 6(1) and an owner of a Building does not comply with the Notice, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 11, within the time set out in the Notice, the City may, rather than commencing proceedings in respect of the violation or in addition to doing so, cause the condition or a portion of the condition as set out in the Notice to be secured or demolished and the cost of carrying out such work, including any related charge or fee, is chargeable to an owner and becomes a debt due to the City. 15(2) For the purpose of subsection 15(1), the Standards Officer who gave the Notice in respect of the Building and the employees of the City or other persons acting on behalf of the City may, at all reasonable times enter upon the premises or building in order to secure or demolish the building. 15(3) The City or a person acting on its behalf is not liable to compensate an owner of a Building or any other person by reason of anything done by or on behalf of the City in the reasonable exercise of its powers under this section. 16 RIGHT OF ENTRY 16(1) No person shall refuse entry to or obstruct or interfere with a Standards Officer referred to in subsection 15(2) who under the authority of that subsection is entering or attempting to enter a Building for the purpose of securing or demolishing. 16(2) When entering any property, and upon demand by any person, any Standards Officer or Inspection Officer shall produce his identity card. 16(3) A person who violates or fails to comply with subsection 16(1) commits an offence that is punishable under Part II of the Provincial Offences Procedure Act as a category F offence. 16(4) Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where an owner commits an offence under subsection 16(3) in relation to a Building, the minimum fine that may be imposed by a judge under the Provincial Offences Procedure Act in respect of the offence shall be one thousand dollars. April 24, 2009 Version 247 -13- 16(5) Where an offence under subsection 16(3) continues for more than one day, (a) if the offence was committed in relation to a Building, (i) the minimum fine that may be imposed is the sum of (A) one thousand dollars, and (B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. 17 CERTIFICATE FOR DEBT 17(1) Where the cost of carrying out work or the cost of taking measures becomes a debt due to the City under subsection 15(1), a Standards Officer may issue a certificate stating the amount of the debt due and the name of an owner from whom the debt is due. 17(2) A certificate issued under subsection 17(1) may be filed in The Court of Queen's Bench of New Brunswick and a certificate so filed shall be entered and recorded in the Court and when so entered and recorded may be enforced as a judgment obtained in the Court by the City against the person named in the certificate for a debt of the amount specified in the certificate. 17(3) All reasonable costs and charges attendant upon the filing, entering and recording of a certificate under subsection 17(2) may be recovered as if the amount had been included in the certificate. 18 LIEN 18(1) The cost of carrying out work under subsection 15(1), and all reasonable costs and charges attendant upon the filing, entering and recording of a certificate under section 17 shall, notwithstanding subsection 72(2) of the Workers' Compensation Act and until paid, form a lien upon the real property in respect of which the work is carried out or the measures are taken in priority to every claim, privilege, lien or other encumbrance, whenever created, subject only to April 24, 2009 Version 248 - 14- taxes levied under the Real Property Tax Act and a special lien under subsection 189(10) of the said Act. 18(2) The lien in subsection 18(1) (a) attaches when the work under subsection 15(1) is begun, and does not require registration or filing of any document or the giving of notice to any person to create or preserve it, and (b) follows the real property to which it attaches into whosever hands the real property comes. 18(3) Any mortgagee, judgment creditor or other person having any claim, privilege, lien or other encumbrance upon or against the real property to which is attached a lien under subsection 18(1) (a) may pay the amount of the lien, (b) may add the amount to the person's mortgage, judgment or other security, and (c) has the same rights and remedies for the amount as are contained in the person's security. 19 DEBT DUE TO MUNICIPALITY 19(1) Where a debt due to the City under subsection 15(1) remains unpaid in whole or in part and the Minister of Finance is of the opinion that the City has made reasonable efforts to recover the unpaid amount, the Minister of Finance shall, if the City requests him or her to do so before December 31 in any year, pay to the City the following amounts at the same time as the first payment is made to the City under section 6 of the Municipal Assistance Act in the following year (a) the unpaid amount of the debt; and (b) interest on the unpaid amount of the debt (i) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and (ii) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality makes a request under this subsection for payment in respect of the debt. April 24, 2009 Version 249 -15- 19(2) The City shall make a request under subsection 19(1) by submitting to the Minister of Finance a statement of the expenditures of the City that gave rise to the debt. 19(3) Subject to subsection 19(4), where a debt due to the City under subsection 15(1) in relation to work carried out with respect to a Building remains unpaid, in whole or in part, by the person liable to pay the debt and the Minister of Finance has made a payment under subsection 19(1) in respect of the debt, (a) any part of the debt that remains unpaid by the person liable to pay the debt becomes a debt due to the Minister of Finance, and (b) the Minister of Finance shall collect the following amounts from the owner of the Building in the same manner that taxes on real property are collected under the Real Property Tax Act: (i) any part of the debt under subsection 15(1) that remains unpaid by the person liable to pay the debt; and (ii) interest on the unpaid part of the debt (A) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and (B) accruing from the day the City completes the work or measures in respect of which the debt arose to the day the City makes a request under subsection 19(1) for payment in respect of the debt. 19(4) Subject to subsections 19(5) and 19(6) of this By-law, and section 7, section 10, except subsection 10(2), and sections 11, 12, 13, 14, 14.1, 15, 16, 19, 20, 24 and 25 of the Real Property Tax Act apply with the necessary modifications for the purposes of subsection 19(3). 19(5) Where the amounts referred to in paragraph 19(3)(b) remain unpaid, those amounts and any penalty added to them under subsection 19(4) constitute a lien on the real property in respect of which the work was carried out, and the lien ranks equally with a lien under subsection 11(1) of the Real Property Tax Act. April 24, 2009 Version 250 - 16- 19(6) Where the real property is sold under any order of foreclosure, order for seizure and sale, execution or other legal process or a power of sale under a debenture or mortgage or under subsection 44(1) of the Property Act, the amount of a lien referred to in subsection 19(5) constitutes a charge on the proceeds that ranks equally with a charge under subsection 11(1) of the Rea/ Property Tax Act. 20 EXEMPTIONS 20(1) Buildings actively used for the following purposes shall not be subject to the provisions of this By-law: (a) cottages and other recreational dwelling units and their accessory buildings; or (b) other temporary recreational facilities; or (c) any Buildings under construction; or (d) agricultural or other resource facilities; or (e) any Residential Building that is temporarily Unoccupied or Vacant that meets Habitable Standards or is in compliance to the standards enumerated in Schedule 'A or (f) any Non-Residential Building that is temporarily Unoccupied or Vacant that meets the National Building Code or is in compliance to the standards enumerated in Schedule "A. 21 GENERAL 21(1) Nothing contained in this By-law relieves an owner of a Building from their obligation to comply with any other Act, Regulation or By-law. 21(2) This By-law shall come into force on the date it is passed by Common Council. April 24, 2009 Version 251 - 17- IN WITNESS WHEREOF, this By-law is passed and 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 Common Clerk/Greffiere communale First Reading - Second Reading - Third Reading - April 24, 2009 Version 252 -18- SCHEDULE "A" MAINTENANCE STANDARDS FOR DERELICT BUILDINGS An owner of a Derelict Building must maintain it in compliance with the following standards: A. Exterior walls 1(1) The exterior of every Building must be constructed, repaired and maintained in a manner that: (a) ensures the integrity of the Building envelope to protect the Building from the weather and from infestations of insects, rodents and other pests, and (b) prevents a potential depreciation in property values in the immediate neighbourhood. 1(2) Without restricting the general obligation set out in subsection 1(1)(a) all exterior surfaces must consist of materials that provide adequate protection from the weather. 1(3) All exterior walls and their components, including coping and flashing, must be maintained in good repair. 1(4) All exterior walls must be free of holes, breaks, loose or rotting boards or timbers and any other condition which might permit the entry of insects, rodents or other pests to the interior of the wall or the interior of the Building. 1(5) Exterior wood surfaces must be adequately protected against deterioration by the periodic application of paint, stain or other protective coating. 1(6) All painted areas of any exterior wall shall not be blistered, cracked, flaked, scaled, or chalked away. 1(7) The mortar of any masonry or stone exterior wall may not be loose, missing or dislodged. 1(8) The exterior of every Building must be free of graffiti; and 1(9) Loose materials must be removed from exterior walls, doors and window openings. April 24, 2009 Version 253 - 19- 1(10) Windows, exterior doors and basement or cellar hatchways of a Building shall be maintained so as to prevent the entrance of wind and precipitation into the Building. B. Roofs 2(1) Roofs must be constructed and maintained so as to prevent: (a) rainwater or melting snow and ice falling on the roof from entering the Building; and (b) objects and materials from falling from the roof. 2(2) Without restricting the general obligation set out in subsection 2(1): (a) all roofs, including facia boards, soffits, cornices, flashing, eavestroughing and downspouts must be maintained in a watertight condition; and (b) loose or unsecured objects and materials, including accumulations of snow or ice or both that are likely to fall on passersby or are likely to result in the collapse of the roof, must be removed from the roof of a Building or an accessory building. C. Foundations. Walls and Floors 3(1) Every wall or floor must be structurally sound and maintained in a condition so as to prevent undue settlement of the Building and prevent the entrance of moisture, insects, rodents or pests. 3(2) Without restricting the general obligation set out in subsection 3(1): (a) materials that have been damaged, or show evidence of rot or other deterioration must be repaired or replaced. D. Porches and Stairs 4(1) Every porch and stairway within, on or attached to a Building must be maintained in good repair so as to afford safe passage under normal use and weather conditions. 4(2) Without restricting the general obligation set out in subsection 4(1): April 24, 2009 Version 254 -20- (a) component parts of a porch or stairway must not be broken, loose, rotted, warped, out-of-plumb, off-level or out of alignment to the point where it creates a hazard; (b) wooden or metal exterior steps must be protected against deterioration by the application of appropriate protective coating. E. Guards. balustrades and handrails 5(1) On an open side of an exterior stairway, balcony, or landing, a handrail or banister shall be installed so as to provide reasonable protection against accident or injury. 5(2) Every exterior landing or porch more than 900 millimeters above the adjacent grade and every balcony, mezzanine, gallery, raised walkway and roof to which access is provided for other than maintenance purposes, shall be protected by vertical balustrades or guards spaced not more than 100 millimeters apart on all open ides. 5(3) All guards, handrails and balustrades shall be maintained in good repair and firmly attached so as to provide reasonable protection against accident and injury. 5(4) Exterior fire escapes must be maintained in good repair and free of obstructions. F. Yards 6(1) Yards surrounding a Vacant or Unoccupied Building must be maintained so as to prevent the accumulation of objects and conditions, including holes and excavations that pose health, fire or accident hazards. 6(2) Yards surrounding Derelict Buildings must be maintained free of rag weed, poison ivy, poison sumac and other noxious plants. 6(3) Where an accessory building or any condition in a yard harbours noxious insects or rodents, all necessary steps shall be taken to eliminate them and to prevent their reappearance. G. Fences. retainina walls and accessorv buildinas 7(1) All fences, retaining walls and accessory buildings on the property on which a Vacant or Unoccupied Building is located must be kept: April 24, 2009 Version 255 -21- (a) weather resistant by the application of appropriate materials, including paint or preservatives; and (b) in good repair and free from accident hazards. H. Sians and Proiections 8(1) All signs and billboards including their supporting members shall be maintained in good repair and any signs which are excessively weathered or faded, or those upon which the paint has excessively peeled or cracked, shall be removed. 8(2) All canopies, marquees, signs, awnings, standpipes, exhaust ducts, and similar projections, shall be maintained in good repair, properly anchored and protected against decay or deterioration or are to be removed. April 24, 2009 Version 256 U CC 1. The city of Saint John OPEN SESSION M$C2009-115 April 22, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT: 2009 DEBENTURE ISSUE BACKGROUND: The New Brunswick Municipal Finance Corporation is planning a bond issue in the near future. While the issue will not be sold until the Corporation feels that rates are reasonable, they have provided ranges within which the issue could be sold. These are as follows: Interest Rate: Not to exceed an average of 6.50% Price, Net: Not to be less than $98.00 per $100.00 of debenture Term: Serial form to mature in equal annual amounts over a term not to exceed 15 years for the General Fund and Transit and 20 years for the Water & Sewerage Utility. Notice of motion was given at the March 23, 2009 meeting of Common Council regarding the need to borrow $17,000,000. In order to proceed with the debenture financing it is now recommended that the following be adopted. SAINT O RO. Box 1971 Saint John, NB Canada E21- 4L1 I wwwsaingohn.ca C.P. 1971 Saint John, N.-B. Canada E2L 4L1 257 Page 2 RECOMMENDATION: Whereas occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: GENERAL FUND General Government $ 500,000 Protective Services $ 3,500,000 Transportation Services $ 5,500,000 Economic Development $ 3,500,000 Parks and Recreation $ 1.000.000 WATER & SEWERAGE UTILITY Water System $ 1,000,000 Sewer System $ 500.000 SAINT JOHN TRANSIT TOTAL $ 14,000,000 $ 1,500,000 $ 1,500,000 1$ 17,000,000 1. Therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of $17,000,000. 258 Page 3 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the "Corporation") a City of Saint John bond or debenture in the principal amount of $17,000,000 at such terms and conditions as are recommended by the Corporation. 3. And further that the City of Saint John agrees to issue post-dated cheques to the Corporation, or other such arrangements as the Corporation may from time to time accept, in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation. 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 6.50% and at a term not to exceed 15 years for the issue related to the General Fund and Transit and not to exceed 20 years for the Water & Sewerage Utility. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. Respectfully sub Greg&y,4. Yomans, CGA, MBA Comm' sio er of Finance 259 rA~ The City of Saint John April 22, 2009 [deputy Mayor and Councillors, Subject: Loch Lomond Community Centre The Committee of the Whole having met on April 14, 2009, requests that Common Council approve the recommendations in the attached report entitled A New Loch Lomond Community Center: An Opportunity. Sincerely, Ivan Court Mayor SAINT JOIN P.O. Box 1471 Saint John, NB Canada E2L 40 I www.saintjohn.ca ~ C.P. 1971 Saint John, N.-B. Canada E2L 4L1 260 'PORT TO COMMOT,4 C01,JNCIL His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: A NEW LOCH LOMOND COMMUNITY CENTER: AN OPPORTUNITY PURPOSE: The purpose of this report is to update Council regarding ongoing discussions between the City of Saint John and community leaders in the Loch Lomond area who appear to have crystallized their efforts at designing and building a new community center. At the moment, the center is being referred to as the Saint Joseph Community Center since it is the members of this parish who initially identified the need and have some of the required infrastructure already in place. In particular, their capital campaign literature states: "Over the years, the Church has been an instrument of service in the Loch Lomond area and surrounding communities. St. Joseph's Church has been committed to progressively establish a variety of non denominational programs and activities that meet the fundamental needs o&milies and contribute to early childhood education and development. " The literature then lists the current activities already in place including Moms and Tots, A licensed pre-school, a Licensed After-School Program and a Summer Daycare Program. At the same time, the proponents of this development have stated that the current facility is bursting at the seams and there is a desire by a growing number of residents in the area to have the City of Saint John take a more active role in this neighbourhood. The proponents would argue that while certain areas of our City have been identified as vulnerable, Council should not conclude that other neighbourhoods do not have many of the same social problems, lack recreation facilities and are void of infrastructure that can serve as a focal point for the community. The proponents would point out that Loch Lomond School has been designated as a Community School and such illustrates the social needs of this community. THE PROJECT: The project consists of building a new community center attached to the existing church. The facility will; 261 1 21[Pale - Re ior1 to C'o Liscil 04 03-2009 5t.x.b cc,t: A Ncvrr Loch Lomond Community C°xastisa' a) Be fully accessible to those with disabilities. b) House a main hall with a capacity of 220 persons. c) Be equipped with a commercial kitchen d) Contain three additional classrooms for multipurpose. On the second floor the proponents have succeeded in receiving a commitment for a Wellness Center commencing in 2010. In addition, the community wants to lease space that will be made available to the Police and Leisure Services Departments in an effort to establish an increased level of municipal services in the area. THE COMMITMENT OF THE PROVINCE OF NEW BRUNSWICK: Recently, the Minister of Health announced that the Province of New Brunswick has committed to staffing the Wellness Center with two personnel beginning in 2010, those being a Nurse Practitioner and a Licensed Practical Nurse. In addition, the Province through RDC has committed $200,000 towards the Capital campaign. THE ASK OF THE CITY OF SAINT JOHN: The proponents of this new community center have asked the City of Saint John to lease the entire second floor of the new building, including the space to be occupied by the health professionals for an annual amount of $59,000 (all-in cost) for a period of ten years. The thought is that this approach would enable the community, the City and the Province to establish a much needed facility in a growing area of our community, an area that previously has in the opinion of many residents, been provided with the bare minimum of municipal services. GROWTH IN THE AREA: This area of our community became the responsibility of the City of Saint John in 1967 when a large section of the former Parish of Simonds was amalgamated. At the time, the area was extremely rural with only a few sporadic homes along Loch Lomond Road. Since 2000 there has been 245 new residential units built in the area from Lakewood Heights to the municipal boundary. The Assessment in the area has grown by $44.6 Million and the City is receiving additional $895,000 revenue from the newly constructed 245 homes in this area. The population has increased in the area by 563. Just beyond the municipal boundary, there has been an additional 188 new residences constructed with an increase in population of 432. It is clear that this area is growing and should the municipal boundary be extended as suggested by Commissioner Finn, the City can expect to experience a demand for increased services. CITY FACILITIES AND PROGRAMS OFFERED IN THE AREA: The nearest community center with any programming is in Forest Hills and as such is not seen as an integral service to the residents of Loch Lomond area. 262 31 P t r 4; - X C P 0 1 1 10 4'0U71cil 04,03-2009 SubJec. 't: A 1~~e~ L.cich Lot~1onJ Co in in undEy, The City does own a building located at Baines Corner which over the years has been referred to as the Loch Lomond Community Center. Minimal investment has been made in the facility which originally had been an Agricultural Hall. At one time, the City was more engaged with a Loch Lomond Community Advisory Board who assumed responsibility for the facility at Baines Corner. This facility simply does not have the capacity or potential to meet the needs of this community. In recent years, the Association has seemed to struggle. For example, the Association did not attend a recent annual meeting, hence they were not provided support in 2008, nor was a request made in 2009. Historically, the City had provided $3,000.00 in assistance. As for a newly constructed multi-use field adjacent to the structure at Banes Corner, it is staffs understanding a local Canadians Rugby Club had received financial assistance from the Province to convert the unused baseball field. The City of Saint John no longer maintains this field. CREATING EXPECTATIONS - A CAUTION: There is clearly a desire and an expectation by members of this community that the City will eventually have much more of a visible presence in this area. City staff has met with the proponents and acknowledge their sincere desire in this regard. The reality is however, that Leisure Services, nor Police, nor the Utility feel that they could justify allocating existing resources to this area. Existing resources are all currently deployed. Staff would caution Council with leaving an impression with this community that with this new facility, they can expect to see permanent staff presence. Staff does not see this as a possibility in the near future. Staff is not in a position to predict what might happen in the future. The community recognizes this and is simply providing the opportunity should the City find itself in a position of having to respond to increased demands in the future Having said this, the Administration is here to support such initiatives. The Administration is confident that as plans unfold, as the volunteer base grows, certain of our staff members can play a very helpful role in accessing programming monies through various provincial and federal programs. FINANCIAL ANALYSIS: The City currently has two pockets of money that if Council so chooses, can be accessed for the purpose of this initiative. The first is the Neighbourhood Development envelope with an amount of $150,000 allocated in 2009. This envelope is available to all neighbourhoods albeit it has been seen as largely focused on the "so called vulnerable neighbourhoods. The second envelope consist of $36,000, which was seen as a source of funds to assist community associations in the more rural areas, i.e. Loch Lomond, KBM, Lorneville, Latimore Lake and although not rural, Milford. 263 4 1 P a g e - R.cport tc, c o ur cil 04-03--200 s SUlaj ect: A New Loch L.Onx o.id C oin niunity C'enIer The desire by many neighbourhood groups to access this total of $1$6,000 is significant. Council needs to satisfy itself that any decision to draw on these funds in support of this new facility is not seen as being at the expense of other neighbourhoods. It would not be unreasonable for Council to consider allocating $10,000 to $15,000 from the total envelope of $156,000 and plan on budgeting an additional $30,000 beginning sometime in 2010 when the building is ready for occupancy. CONCLUSION: In reviewing the catchment area, it is clear that if the City were to construct a new community center, this would not be the preferred location. Ideally, the facility would be located much further in on the Loch Lomond Road. This having been said, the volunteer base and the fundraising capability does provide the City with an opportunity to partner in an effort to create a much needed community facility. The proposal before the City is seen as a "reasonable ask" by the proponents. However, it fails to recognize the financial realities facing the municipality and what could be a reluctance by Council to incur new additional costs at this time. The recommendation that Council is being asked to consider is an effort to find a method by which the City can respond positively to the growing expectation of this community. RECOMMENDATION: The Committee of the Whole directs the City Manager to advise the proponents on the new Loch Lomond Community Center that it is prepared to: 1. Enter into a 15 year lease from the second floor of the facility, commencing on the date on which an Occupancy Permit has been issued. 2. That the gross leasable area is no less than 3,275 square feet and, 3. The annual lease payment shall be $45,000. 4. That in exchange for entering into this lease the City is provided the right to: ➢ That the City of Saint John shall have the right to sublease any portion of the second floor. That the owner may lease any of the space on the second floor provided the City is provided with 90 days notice and any rent received is to be deducted from the City's annual rent of $45,000. The owner of the facility shall be responsible for all maintenance, leaseholds, snow-ploughing, yard cleaning, heat, electricity. ➢ Rent "free of charge" the large community room (Ball room) for the purpose of hosting community/ward meetings, staff meetings or similar purposes provided that adequate notice is provided so as to avoid scheduling conflicts. ➢ That the center is identified as the Loch Lomond Community Center and appropriate signage is erected as agreed to by the parties. ➢ That access to the second floor is at the sole discretion of the City of Saint John, noting that it is the City's intention to ensure the access to the Provincial funded Wellness Center is available during operating hours. 264 51Pa, e Rf.,Pnrt to (-'0vIrCi1 04 03-009 Subjc,ct: A New Loch Lon7ond C0111TI-IL11li.ly ("c'Y"itev That entering into this lease does not in any way imply that the City of Saint John is obligated to mare any further commitment of human and financial resources. Respectfully sub itt Terrence L. otten, E CITY MANAGER 265 April 22, 2009 Your Worship and Councillors: SUBJECT: Proposed Subdivision 150-151 Aspen Street The Planning Advisory Committee considered the attached report at its April 21, 2009 meeting. The Developer, Mr. Robert Landry, appeared before the Committee in support of the application and indicated he was in agreement with the staff recommendation. After considering the report and presentation, the Committee resolved to adopt the recommendation as set out below. The Committee granted the requested variances on the lot dimensions, length of the cul-de-sac and street construction standards, but denied the request to reduce the Land for Public Purposes dedication (or its cash-in-lieu payment) from 6% to zero. RECOMMENDATION: That Common Council assent to one or more subdivision plans, in one or more phases, for the Weldon Russell Subdivision, as generally illustrated on the submitted tentative plan dated March 24, 2009, including any necessary municipal services and public utility easements. 2. That Common Council accept a cash-in-lieu Land for Public Purposes dedication for this proposed subdivision. That Common Council authorize the preparation and execution of a City/Developer Subdivision Agreement(s) to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. Respectfully submitted, Stephen Horgan Chairman 266 PF Project No. 09-987 267 DATE: APRIL 17, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF APRIL 21, 2009 Patrick Foran Planning Officer SUBJECT Name of Applicant: Hughes Surveys & Consultants Inc. (on behalf of 606157 NB Ltd) Name of Owner: Gail Landry Location: 150 & 151 Aspen Street PID: 55188569 Municipal Plan: Unserviced Residential Zoning: "RF" Rural and "RS-1" One and Two Family Suburban Residential Proposal: To extend an existing public street to accommodate the creation of two unserviced residential lots. Type of Application: Subdivision and variances JURISDICTION OF COMMITTEE: The C'ommimith Phuming Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and 268 06157 NB Ltd. 150 & 151 Aspen Street Page 2 April 17, 2009 municipal services and public utility easements, as well as cost sharing for piping materials outside the limits of the subdivision, and the authorization of City/Developer Subdivision Agreements. 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. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to one or more subdivision plans, in one or more phases, for the Weldon Russell Subdivision, as generally illustrated on the submitted tentative plan dated March 24, 2009, including any necessary municipal services and public utility easements. 2. That Common Council accept a cash-in-lieu Land for Public Purposes dedication for this proposed subdivision. 3. That Common Council authorize the preparation and execution of a City/Developer Subdivision Agreement(s) to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 4. That the Planning Advisory Committee grant a variance from the requirements of the Subdivision By-law that would further increase the length of the cul-de-sac street length from 400 metres (1,312 feet) to approximately 588 metres (1,930 feet). That the Planning Advisory Committee grant the following variances from the requirements of the Subdivision and Zoning By-laws to: a) decrease the minimum required lot area for the proposed Lot 09-01 from 4 hectares (10 acres) to 1.18 hectares (2.29 acres), b) decrease the minimum required lot width for the proposed Lot 09-01 from 120 metres (400 feet) to 81.83 metres (268 feet), and c) utilize the Country Road (Column D) standard for the entire length of the proposed street extension. 6. That the variance to decrease the minimum required amount of Land for Public Purposes (or its cash-in-lieu payment) from 6% to zero be denied. BACKGROUND: In 1988 and 2000, the Planning Advisory Committee granted variances to increase the maximum permitted length of a cul-de-sac from 105 metres (350 feet) to 335 metres (1,100 feet) and 400 metres (1,312 feet), respectively. 269 06157 NB Ltd. 150 & 151 Aspen Street Page 3 April 17, 2009 In April of 2007, the subject property was severed from the parent property, PID number 55099337, under Section 25 (7) of the Subdivision By-law, which permits the assembling of land for future development without, notwithstanding other provisions of the Subdivision By-law, such as access on a public street. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on proposed subdivision and variances: • There are no municipal services in this area • The length of the existing and subsequent proposed cul-de-sac exceeds the requirements of the Subdivision By-law. The extension of the cul-de-sac as proposed would be acceptable for this application/subdivision, however it shall terminate as shown on the tentative subdivision plan. The extension of this cul-de-sac for future phases or adjacent property owners would not be supported unless their subdivision plan incorporates another road to interconnect the developments other streets. Additional comments from this Department would be provided at the time of submission. Support of this extension is not indicative of support of future phases of this subdivision. Such future phases should include additional streets for interconnectivity. • Engineering (drainage and street) drawings must be submitted by the developer's engineering consultant to the City for review. As well, a storm water brief must be submitted for review/approval by the City. • The new cul-de-sac must be permanently constructed (asphalted) in accordance with the City's requirements. The existing asphalt cul-de-sac on Aspen Street must be removed - the exterior "bulb" portions outside of the standard 20m R-O-W and gravel shoulder/ditches constructed as required. Buildings and Inspections Services has no concerns with the proposal. Saint John Fire Department has been forwarded a copy of the application. Saint John Transit has been advised of the application. Leisure Services has been advised of the application. N.B. Department of Health has no objections to the application. N.B. Department of Environment has been advised of the application. Saint John Energy indicates that there are overhead facilities on the street and that the pole line can be extended to service the new lots. The cost of the line extension will be dealt with by the developer at a later date. Maritimes & Northeast Pipeline has advised that the subject area is all "clear" and that the proposed work is not near any Maritimes and Northeast Pipeline or Brunswick Pipeline facilities. 270 06157 NB Ltd. 150 & 151 Aspen Street ANALYSIS: Site and Neighbourhood Page 4 April 17, 2009 The subject property is situated at the end of Aspen Street, a short dead-end street in the City's East Side, adjacent to the Airport Arterial. The site has an overall area of 2.42 hectares (6 acres) and is, at present, mostly covered with mature vegetation. The surrounding area is comprised primarily of single-family dwellings on large unserviced lots. Significant non-residential land uses in the general vicinity include the Loch Lomond Elementary School and the Saint John Airport (both to the south of the site), while the areas to the north and east remain largely undeveloped. Development Proposal The applicant is proposing to create two unserviced residential lots by splitting the parent parcel in half: Lot 09-01, being the northwestern portion of the site, which is zoned " RF" Rural and Lot 09-02, being the southeastern portion of the site, which is zoned "RS-1 " Oiie aml Tim Fanfily Suburba» Residewial. In order to gain access to the lot, the applicant is proposing to extend Aspen Street by constricting the roadway within the existing "future public street" parcel and to vest a new cul-de-sac turnaround with the City, to be severed from the subject property. The site is designated (Tiiseri,iced Residewial in the Municipal Development Plan which foresees development in these areas unfolding in the form of Rural Residential Subdivisions, defined as "planned, low density, non-farm residential subdivisions which are separated physically from an existing built-up area. Such developments are oriented economically towards a nearby urban centre but are themselves provided with a minimum of urban services". Typically, prior to approval, subdivisions proposed in ZTraserviced Residential areas would be rezoned to "RR " Oiie Fanfily Rural Residewial to recognize that municipal water and sewer services are not intended to be provided at these locations, rural type servicing (individual private septic systems and wells, country standard roads, etc) would be a permanent feature of these areas. However, there is a policy in the Municipal Plan stipulating that Common Council may authorize "the continuing development, outside of the Urban areas in the Plan, of any existing subdivision on a previously approved street or on the extension of such a street". Given the scale of the proposed subdivision, it is not recommended that a rezoning be undertaken at this time, as future phases of the subdivision occur, the -RR " Oiie Famili, Rural Residential zoning can be extended to the affected areas beyond the present terminus of the Aspen Street right-of-way. Provision of Street Work and Facilities The developer will be responsible for constricting the proposed street extension to an appropriate City standard. This standard, as outlined in the Subdivision By-law, is essentially based on the zoning of the subject property. In this instance, the existing "future public street" is situated in an -RR " Oiie Family Rural Residential zone which is to be built to the Country Road Standard (an asphalt surface, ditching, overhead public utilities, and street lighting, no sidewalks or curbing are required). The remaining portion of the street extension is situated in an "RS-1 " Oiie a»d Tim Fanfily Suburba» Residewial zone 271 06157 NB Ltd. Page 5 15 0 & 151 Aspen Street April 17, 2009 and needs to be constricted to the higher Unserviced Residential Standard (a wider asphalt surface, a concrete sidewalk along one side of the street instead of gravel shoulders, curbing and some landscaping within the boulevard). The applicant is requesting a variance to use the Country Road Standard for the entire length of the proposed street extension. Given that this is the standard to which the existing portion of Aspen Street was built, and will also be the standard utilized if or when the street is extended further (as part of a subsequent rezoning to "RR" One Family Rural Residential), approval of this variance can be recommended. This recommendation includes all the necessary assents and approvals for the tentative plan, easements, and City/Developer Agreements, etc. It must be mentioned that while the Department of Health has indicated that it has no objections to the proposal, the Development Officer cannot endorse the final subdivision plan until written confirmation is received from N.B. Department of Health that all the proposed lots are acceptable with respect to the installation of on-site septic disposal systems. It is not anticipated that this will be problematic given the size of the lots. Cul-de-sac Length Variance As mentioned in the Background section of this report, the Planning Advisory Committee has already granted variances to allow the cul-de-sac street to have an approximate length of 400 metres (1,312 feet). Normally only a length of 105 metres (350 feet) is permitted. A further variance would be necessary in order to allow the street to have an approximate length of 588 metres (1,930 feet), an increase of 188 metres (617 feet)'. The Committee has considered requests to allow cul-de-sac streets to be longer than normally allowed. While some of these applications have involved situations where a reasonable increase to this standard facilitated the complete development of a particular serviced property, more often these requests have been for Unserviced rural residential subdivisions. The current Subdivision By-law standard could allow for a total of fourteen (14) serviced residential lots' (not including lots abutting the turnabout) along a standard cul-de-sac3. Unserviced subdivisions involving this approximate number of lots have been supported for variance approval, though due to the much larger lot frontages required, these cul-de-sac streets have been around 420 metres (1,378 feet) in length. The proposed street extension would only accommodate two additional residential lots. Municipal Operations and Engineering has no objection provided the public street is constricted to the requirements of the Subdivision By-law and all relevant design guidelines. This will include a permanent turnabout with a minimum right-of-way diameter of 38 metres (125 feet). Given the circumstances, approval of the requested cul-de-sac street length variance is recommended. ' The variance granted in 2000 was to the end of the existing cul-de-sac bulb and did not include the "firture public street' portion. Seven lots on either side of the right-of-way. 3 This Subdivision By-law standard was established prior to the inclusion of rural residential subdivisions in 1985, and it is the intention to have this standard amended when changes to the By-law are undertaken in the near firture. 272 06157 NB Ltd. 15O & 151 Aspen Street Page 6 April 17, 2009 It should be noted that, as indicated in the comments received from the Municipal Operations and Engineering Department, the developer should initiate the process of closing those portions of the existing cul-de-sac bulb that are not longer required. Land for Public Purposes The Subdivision By-law requires a Land for Public Purposes dedication of six percent of the subject area, exclusive of any public street rights-of-way. Alternatively, if Council does not consider the proposed land to be acceptable, a sum of six percent of the market value of the property can be accepted. For this particular development a 1,452 square metre (15,630 square feet) L.P.P. parcel would be required. In this instance, the applicant is not proposing to provide any land or cash-in-lieu. Given the nature of the subdivision, where significant amenity space is provided on each of the proposed lots, Staff recognizes that a land dedication would be of limited benefit to the community. However, there is no planning rationale to exempt the applicant from providing the cash-in-lieu payment. Consequently, while Staff can recommend that Council accept a cash-in-lieu Land for Public Purposes dedication, it cannot recommend a variance to reduce the L.P.P. to zero. Lot Variances Finally, the proposed Lot 09-01 requires variances to: 1) reduce the minimum required lot area from 4 hectares (10 acres) to 1.18 hectares (2.29 acres), and 2) reduce the minimum required lot width from 120 metres (400 feet) to 81.83 metres (268 feet). These variances are necessitated because Lot 09-01 is situated in an " RF" Rural zone which requires large lot dimensions with the intention of discouraging development outside of the service staging areas identified in the Municipal Plan. Ordinarily, a subdivision outside of the staging areas would need to be rezoned to -RR " Oiie Famili, Rural Residential where the minimum lot size is 5,000 square metres (54,000 square feet) and the minimum lot width is 60 metres (200 feet). Although the proposal substantially exceeds both of these requirements, the actual zoning provisions need to be applied which means the Development Officer can only endorse the final subdivision plan if the Committee grants the requested variances. As the reduced lot dimensions would not be out of character with the established development pattern along Aspen Street, approval of the requested lot dimension variances can be recommended. CONCLUSION: The proposed subdivision is only for two additional lots along the logical extension of an existing public street. Because the usual rezoning to "RR" One Family Rural Residential is not necessary in this instance, variances are required on some of the minimum required lot dimensions. These reductions would allow the proposed lots to conform to the existing development along Aspen Street and can 273 06157 NB Ltd. 15O & 151 Aspen Street Page 7 April 17, 2009 therefore be recommended for approval, along with the necessary assents from Common Council to allow the proposed subdivision to proceed. PF Project No. 09-087 274 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPENIENT Location: 150 & 151, rue Aspen Street Date: April lavril 1 2009 Scalelechelle: Not to scale/Pas a 1`echelle J 275 PID(s)INIP(s): Subject Site/site en question: 55188569 B S RRHg 3 R... 1$ e 0 2 5" 4W + } E~ 2 646 600 111 I os *ft Yldb u w am Ibc i V Fg ~ ~ Fa:37~.°i°a O ~ ~ ~ ggHgNlO ww 0 g k _ VVV VV VV S+ ~ w_Le a 2 5" 4W ` j[dianns Ludt, 1 Thwom Moran ad Vera Swdn 1 Doe. 2m7~A vol. ~ ft n OM - m tk=d wo w 2M Sm } r•^/~a y Off 34 31Y am / NOW EJ QS Z Fins Sbad A Bw 76 ar sa _ MW ` ~w - s I 11 1 it oil s 333FFF ~ p S 3 er g Z 1.. l opt o 276 April 22, 2009 Your Worship and Councillors: SUBJECT: Latimer Estates Subdivision (Phases 3-A & 4) 880 Latimore Lake Road The Planning Advisory Committee considered the attached report at its April 21, 2008 meeting. The developer, Kimberly Wilson, appeared before the Committee in support of the application. While Ms. Wilson was in general agreement with the staff recommendation, she did raise concern with regards to the recommended revisions to Phase 4. However, after some clarification she was also agreeable to these suggested revisions by staff There were no other presentations made at the meeting concerning this matter, and no letters were received from neighbouring property owners. After considering the report and presentation, the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. The Committee also granted the variance relating to maximum continuous street length allowance with the recommended conditions, and approved the suggested street name. RECOMMENDATION: That Common Council assent to one or more subdivision plans, in one or more phases, for Phases 3-A & 4 of the Latimer Lake Estates Subdivision, including any necessary public utility easements, but with respect to Phase 4 that the subdivision plan be amended as follows: (a) That Banbury Drive be designed in a similar manner as the proposed extension of Estate Drive in order to create a parallel street without any curvature, and (b) That at least a 1.13 hectare (2.79 acre) Land for Public Purposes dedication with a minimum street frontage of 20 metres (66 feet) be shown on the revised plan. 277 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer, for this subdivision development. Respectfully submitted, Stephen Horgan Chairman MRO Project Nos. 08-374 & 09-082 278 DATE: APRIL 17, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING PLANNING AND DEVELOPMENT FOR: MEETING OF APRIL 21, 2009 Marls O'Hearn Planning Officer SUBJECT: Name of Applicant: Douglas Cyr and Kimberly Wilson Name of Owner: Douglas Cyr and Kimberly Wilson Location: 880 Latimore Lake Road PID: 00433367 Municipal Plan: Unserviced Residential Zoning: "RR" One Family Rural Residential Proposal: To undertaken fi rther phases in a developing rural residential subdivision. Type of Application: Subdivision and Variances that would: (a) Increase the maximum continuous street length allowance of 360 metres (1,200 feet) to approximately 445 metres (1,460 feet), and (b) Reduce the minimum lot depth requirement of 40 metres (131 feet) to approximately 20 metres (66 feet). 279 Latimer Estates Subdivision (Phases 3-A & 4) Page 2 880 Latimore Lake Road April 17, 2009 JURISDICTION OF COMMITTEE: The Conn m»iti PIcuming Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and public utility easements, as well as the authorization of City/Developer Subdivision Agreements. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Subdivision and Zoning By-laws. The Committee can impose conditions. Finally, the Subdivision By-law authorizes the Committee to approve new street names. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to one or more subdivision plans, in one or more phases, for Phases 3-A & 4 of the Latimer Lake Estates Subdivision, including any necessary public utility easements, but with respect to Phase 4 that the subdivision plan be amended as follows: (a) That Banbury Drive be designed in a similar manner as the proposed extension of Estate Drive in order to create a parallel street without any curvature, and (b) That at least a 1.13 hectare (2.79 acre) Land for Public Purposes dedication with a minimum street frontage of 20 metres (66 feet) be shown on the revised plan. 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer, for this subdivision development. 3. That the Planning Advisory Committee only grant a variance from the requirements of the Subdivision By-law that would increase the maximum continuous street length allowance of 360 metres (1,200 feet) to approximately 445 metres (1,460 feet) for the proposed extension of Estate Drive, and if necessary the recommended revised design of Banbury Drive, on the condition that no further phases of this subdivision development be sought for tentative approval until a revised overall subdivision design for the entire subject property is submitted to the Development Officer. 4. That the Planning Advisory Committee approve the new street name "Banbury Avenue. BACKGROUND: In July 2004 the Planning Advisory Committee favourably considered the initial phase of this subdivision development. This first phase consisted of five unserviced residential lots abutting Latimore Lake Road. 280 Latimer Estates Subdivision (Phases 3-A & 4) 880 Latimore Lake Road Page April 17, 2009 In February 2005 the Committee favourably considered the second phase of this subdivision. That application involved 12 unserviced residential lots along a new public street (Estate Drive). The application also involved the rezoning of the overall 104 hectare (257 acre) property. A conceptual subdivision plan was also submitted (see attachments). In July 2005 the Committee approved the street name "Estate Drive" instead of the originally requested name "Cyr Street," which was not acceptable to staff In November 2005 the Committee granted variances to allow for the creation of a 6 metre (20 foot) wide drainage easement between two of the proposed lots (now 20 & 30 Estate Drive). In August 2008 the PAC considered the third phase of this subdivision consisting of another new public street (Cyr East Street) with 12 unserviced residential lots (see attachments). The Committee recommended all the necessary assents and approvals for this phase of the development. In September 2008 the Committee approved the street name "Kimberly Street" instead of the originally requested name "Cyr East Street," which was not acceptable to staff INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments concerning this application: (a) There are no municipal sewer and water services available to this area of the community. (b) It is understood that the Developer is the landowner of the entire subject property where the proposed gravel temporary turnarounds would be constricted and maintained in order to allow for proper traffic turning and manoeuvrability. (c) Detailed engineering plans (storm drainage and street), along with a storm water design report, must be submitted by the Developer's engineering consultant for approval by the City (Municipal Operations and Engineering) with regards to these phases of the subdivision development. (d) Long, straight streets should be avoided as this promotes speeding. The design should also encompass proper street interconnections and drainage networks for the entire subdivision. (e) With regards to Phase 4, there is a variance request for proposed Lot 2009-16. The proposed street design in this area is not recommended as there is concern with respect to the geometric design and provision of adequate site distances due to the curvature of the proposed street. It is recommended that this proposed portion of Banbury Drive be realigned in order to match the proposed extension of Estate Drive and avoid the intersection with an unnamed future street as illustrated. 281 Latimer Estates Subdivision (Phases 3-A & 4) Page 4 880 Latimore Lake Road April 17, 2009 (f) A revised overall concept plan should be required prior to the consideration of any further phases of this subdivision in order to avoid unnecessary long straight streets, ensure proper street alignments, and promote effective storm sewer management. Buildings and Inspection Services has no concerns with regards to the creation of the proposed residential lots. However, any future excavation of the area must be carefully regulated in accordance with City by-laws. Saint John Fire Department has been advised of this application. Saint John Transit has been advised of this further subdivision development. Leisure Services has been advised of this matter. Geographic Information Systems (Planning and Development) has advised that "Banbury" is acceptable. However, standard naming conventions would encourage the suffix to be changed from "Drive" to either "Street" or "Avenue." Also, the proposed new street intersection Banbury Drive between Lots 2009-16 & 2009-31 will require a different name if approved. N.B. Department of Health has verbally indicated that no application has been submitted for the proposed new lots (Phase 4). The lots originally shown on Phase 3 (now Phase 3-A) were deemed acceptable with modification. Based upon the soil conditions in the developing area, it is anticipated that these lots can be made suitable for the installation of private on-site septic disposal systems. Please note that tentative approval will be conditional upon written confirmation from Health that these proposed lots in Phase 4 are acceptable with regards to the installation of private on-site septic disposal systems. N.B. Department of Environment has been advised of the further phase of this rural residential subdivision. A Cotnj)rehe»siye Water Supply Arse vmne»t was submitted for their review concerning Phase 3 in early 2008. Favourably comments were received from Environment in November 2008. Environment has not indicated whether any further assessment will be necessary for this new phase (Phase 4) of the subdivision development. Tentative approval will be conditional upon written confirmation from Environment that the proposed lots in Phase 4 are acceptable with regards to the well water quality and quantity. School District 8 has been advised of this residential development. Saint John Energy has indicated that there are existing overhead facilities along Kimberly Street that can be extended in order to service the new phases of the subdivision. Any costs and servicing details can be discussed with the Developer at a later date. Aliant has indicated that an extension of overhead facilities will be required. This work will be coordinated with Saint John Energy and the Developer. Rogers has been advised of this development. 282 Latimer Estates Subdivision (Phases 3-A & 4) Page 5 880 Latimore Lake Road April 17, 2009 Maritimes & Northeast Pipeline has no concerns with regards to this proposed development. ANALYSIS: As mentioned in the Bachgrou»d section of this report, the Planning Advisory Committee has been considering phases of a developing rural residential subdivision known as Latimer Estates Subdivision since July 2004. A fi rther application has been received concerning Phases 3-A & 4. Phase 31-A is a revision to the previous Phase 3 which was approved by the City last year. Phase 4 would be a new phase of this developing subdivision (see attachments). Development Proposal - Phase 3-A With respect to Phase 3-A, Kimberly Street was filly constricted late last year, and Lots 2008-18, 2008- 27 & 2008-28 were recently approved by the Development Officer. However, the remaining portion of this street (now Lots 2008-19 to 2008-26) cannot be approved until the storm drainage has been properly addressed. Staff had suggested that a detention pond could be constructed in the vicinity of Lot 2008-19 to address this matter, but the Developer would rather avoid the necessity of such a pond and is proposing instead to direct storm drainage towards the southeast (proposed Banbury Drive). This will require excavation of the area that is mentioned later in this report. Provided Phase 3-A is assented to by Common Council, which now shows a public street (Banbury Drive) between Lots 2008-26 & 2008-27 (please compare the attached tentative Phase 3 with 3-A plans), the remaining lots along Kimberly Street can be approved once the storm drainage for the area has been developed, and the overhead utilities installed. Approvals from N.B. Departments of Health and Environment have already been received for this phase of the development, and the necessary cash- in-lieu Land for Public Purposes dedication has been delivered. Development Proposal - Phase 4 The fiurther phase of the Latimer Estates Subdivision would consist of 21 new unserviced residential lots along public streets. Most of the proposed lots can satisfy the minimum lot dimension standards of the "RR' One Family Rural Residential zone. However, the following variances would be necessary: (a) A maximum continuous street length of 360 metres (1,200 feet) is imposed on new streets. From the intersection of Kimberly Street, Estate Drive would be extended approximately 445 metres (1,460 feet), a difference of 85 metres (260 feet) more than normally allowed, and (b) Technically, proposed Lot 2009-16 only has a depth of 20 metres (66 feet). A minimum depth of 40 metres (131 feet) is required. Consideration of Variances and Recommended Condition As mentioned, the Subdivision By-law limits the length of a street to a maximum of 360 metres (1,200 feet) in new subdivisions. The Committee has granted variances in rural residential subdivisions to allow this standard to be slightly increased given the greater size of unserviced lots as compared to serviced subdivisions which this standard is primarily based upon. 283 Latimer Estates Subdivision (Phases 3-A & 4) Page 6 880 Latimore Lake Road April 17, 2009 As mentioned in both the previous August 26, 2008 report, and the original February 8, 2005 report that dealt with the rezoning of the entire subject property, staff has expressed a number of times the concern with regards to the proposed long straight public streets envisioned for this development. While staff has no concern allowing Estate Drive to be extended approximately 445 metres (1,460 feet) from the Kimberly Street intersection, a condition is recommended that no further phases of this subdivision be submitted for tentative approval until a revised overall design for the property be submitted to the Development Officer. In preparing this overall design, discussions between planning and engineering staff and the Developer (and their consultants) should take place to ensure this overall design will be acceptable to City staff Given the large area of the subject property available for development, staff cannot support the depth variance for proposed Lot 2009-16. Furthermore, it is recommended that a portion of Banbury Drive where this lot is situated be revised, which would substantially alter the dimensions of this lot in any event. This street design revision is discussed in the next section of this report. Required Subdivision Work and Facilities The Subdivision By-law requires the constriction of the proposed public streets to Cou»tij, Road Stalltkirds. These standards include a 7.5 metre (25 foot) wide asphalt driving surface with 1.8 metre (6 foot) wide gravel shoulders and 0.6 metre (2 foot) deep ditching. Overhead public utilities will also be required. Streets in rural residential subdivisions do not have curbing or sidewalks. The recommendation includes authorization of necessary City/Developer Subdivision Agreements should the Developer wish to obtain final subdivision approval before completing all the necessary street work for this next phase (Phase 4) of the subdivision development. As mentioned in previous reports, the execution of an Agreement allows for a developer to constrict the road up to a granular "B" material without requiring an asphalt surface until two (2) years from the date that the Agreement is executed. However, sufficient security for the remaining work and liability insurance must accompany this Agreement. In the former phases the Developer has completed all the necessary street work before seeking final subdivision approval. Should they wish to proceed again on this basis engineering plans (storm drainage and street) will need to be approved by Municipal Operations and Engineering prior to undertaking any new street constriction. Also, the Development Officer cannot endorse the final subdivision plan for Phase 4 until written confirmation is received from N.B. Departments of Public Health and Environment indicating that these proposed lots are suitable for private facilities (drilled wells and on-site septic disposal systems). In the case of the Environment, a further assessment report rTmv be needed in order to ascertain their written comments. At the time of preparing this report staff was unable to determine if this would be the case. These matters will be clearly communicated to the Developer in writing should the subdivision receive tentative approval. Recommended Revision to Banbury Drive Municipal Operations and Engineering has expressed concern with regards to the alignment of Banbury Drive and the intersection with another proposed street (not named) in the vicinity of Lots 2009-16 & 284 Latimer Estates Subdivision (Phases 3-A & 4) 880 Latimore Lake Road Page 7 April 17, 2009 2009-31 (see Municipal Operations and Engineering comments). In short, Engineering does not recommend the curvature of this street and the proposed intersection. Therefore, it is being recommended that this portion of the tentative plan be revised accordingly. All the necessary assents and approvals have been included in the recommendation with regards to this subdivision development. Land for Public Purposes The Municipal Development Plan encourages the acquisition of land with respect to satisfying the Land for Public Purposes requirement for a rural residential subdivision. The Subdivision By-law requires a L.P.P. dedication equal to ten (10) percent of the area of land being subdivided (exclusive of public street rights-of-way). A land dedication of 1.13 hectares (2.79 acres) is required for Phase 4. As mentioned in previous staff reports, and consistent with the Municipal Plan policies, the overall development of this large property should contain a central L.P.P. dedication(s) acceptable to the City. This matter has also been discussed a number of times with the Developer and their surveyor. The submitted tentative plan for Phase 4 does not illustrate any L.P.P. dedication. It is presumed that cash-in-lieu dedication is being requested instead. While a cash dedication has been acceptable for the initial phases of this subdivision, given the increasing size of the subdivision, and the more central location of the latest phase, only a land dedication can be now supported. Therefore, it is recommended that the Phase 4 tentative plan also be amended in order to provide the required 1.13 hectare (2.79 acre) L.P.P. dedication. This dedication must also have at least a 20 metre (66 foot) wide public street frontage. It should be noted that staff would not be opposed to later exchanging such land dedication for other parcels that could eventually see the development of linear walking trails through the property, the protection of important ecological areas, or dedications that were even more central to the overall subdivision development. Street Naming The naming of the proposed new street requires the approval of the Planning Advisory Committee. The requested street name "Banbury" is acceptable. However, it has been suggested that the suffix be changed from "Drive" to either "Street" or "Avenue." Therefore, it is being recommended that the suffix be changed to "Avenue" (though staff has no objection to "Street" if requested by the applicant). Future Excavation Application Should these phases receive tentative approval, a further application with respect to the anticipated excavation of land within the Phase 4 area will be submitted to the Planning Advisory Committee. This application will contain specifics with regards to the regrading of the site in order to properly develop a storm sewer management program for the subdivision (especially Phases 3-A & 4). This application will be made under the provisions of 810(11) of the Zoning By-law. Any present concerns with existing slopes and surface drainage will be resolved with the anticipated excavation. Upon the completion of 285 Latimer Estates Subdivision (Phases 3-A & 4) 880 Latimore Lake Road Page 8 April 17, 2009 the regrading investigations with respect to on-site private services for the proposed lots of Phase 4 would then be undertaken. CONCLUSION: The applicant is proposing to revised a previously approved phase and undertake a fiirther new phase in a rural residential subdivision. After careful consideration, it is recommended that certain amendments be made with respect to the new subdivision phase as discussed in the report. An important change to the Phase 4 plan will be the inclusion of Land for Public Purposes. It is also recommended that only one of the requested variances be granted relating to street length, while the other variance concerning lot depth cannot be supported in this case (and will not be necessary if the recommended street design revisions are adopted as discussed in this report). With the mentioned revisions, all the necessary assents and approvals are recommended for the requested phases of this rural residential subdivision. MRO Project Nos. 08-374 & 09-082 286 • • PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT Location: 880 Latimore Lake Rd. / ch. 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Llrrlrf Rellnrl,N,y peSDUlniers Surveys Inc. pa-i 'r St[Iltn 5h 19A21 xI II[ Craxnr't a c 6 M14nCAIM :S n01 W 4 TO LEAL TIRE. QEIn Ix[ IXW!F Or x u•rtP, !4A TO iw :Ox]N6 B,-WS tt< REMA•108 6[114 R19eniel 4[I Eel R2NI11'i oe W 217- ~ N,A 11( rxeNlx pl a tEwEL6p1{mi rNf12Q. SIGNATURE OF OWNERS 1 OO IFRter CERE 1, to Iw MARE[INESS x Txls P.AA u0 14x1 [[smenlt are s9m If Inllen ~6 CVRYE TABLE O r MK SAPff I[v uL IN Sewln[r[xls p M Swu[K K1 YO66 Sur r<Yee xy X J SIGNATVRE OF AGENT DMLASM TxM P:I R12 RAOIVS MIKE RADIOS CHOP[ 9GR19C [NORO DI SIAIKE ARC LEROiN Onr•; N•.[s b. 200s ate.oig9eur, r.r. e.u-t-5. b IB s 0 b W 90 1M [-1 22.1 77 2 27-07 20,000 101 52 19' 78.12 31 r8 Tv Tle P•rer fn1~ [sine ul lrr [TIT [1 Tx,n' !He C-i 2298 E2 6 2ZC9 W.000 125 7747' SI,CO 32.92 KIIB[9LT IILSCX ? 5µ,F I;ryy A C-9 R16 22 0 2209 e0-OOC 81 1752' 28.19 75.95 rer 11.11 A1, 1•f NI-1-0 Co <orronl, L11-"1 Per lnnr+,x O~ - 1•on 1Y' 1.L.0 Ir•11 enK:HW1Ap Jel Ye. OO a 5t-6 3M 1 REPORT TO! COMMON COUNCIL Deputy Mayor and Members of Council: SUBJECT; WATER COMMITTEE UPDATE As Council will recall, late last fall, Council appointed myself, Deputy Mayor Chase and Councillors McGuire and Titus to what was named the Water Committee. The sole purpose of this Committee was to lobby other levels of government in order to secure the necessary funding to advance the City's plans to ensure safe and clean potable water to all areas of our community. At the time of the formation of this Committee, Council had just approved the initial submission to the Build Canada Fund so as to ensure that the City's request was in the queue. Since that time, the Members of the Committee have participated in other activities all aimed at achieving our objective. For example, + Along with other Members of Council, the Committee met with Senator Wallace and our Member of Parliament, Rodney Weston. The purpose of this meeting was to seep their advice as to how best to advance the City's application. The Committee, as well as staff, received valuable input and the Committee would want to thank these gentlemen in this regard. • The Committee has also had the opportunity to meet with representatives of the largest customer of the utility. The purpose of this meeting was for the Committee to be further educated on the needs of the particular customer for industrial water and the possible implication on the City's plans for water treatment. • Some of the Committee Members were able to attend all or a portion of the Value Engineering Process with respect to the City's initial plans. The purpose in attending these sessions was for Committee Members to not only understand the complexity of our water system, but also to satisfy ourselves that all efforts are being made to ensure ratepayers will be receiving value for their investment. • finally, the Committee Members, whenever the opportunity has presented itself, have taken the opportunity to stress that importance and priority be given to our plans for modern water treatment. 292 21 PaaEc° 2'G 9910'1/22) Sti CrjeCt: W atea. C011)al'i~iVt't'.e UPdaaIC~ Moving forward, the Committee, Council, staff, other elected officials and the entire community still have a long way to go in order to meet our common objective. The Committee continues to encourage staff to stay on top of the Value Engineering Process and to resolve issues around an industrial water rate. More importantly, the Committee would encourage all Saint John residents, business and organizations to keep safe, clean, potable water as a top priority whenever possible and by whatever means, lobby our Federal and Provincial representatives for support. 293 PEEL PLAZA PROJECT PERFECTION IS OUR GOAL EXCELLENCE WILL BE TOLERATED OPEN SESSION M&C 2009-109 April 20, 2009 Deputy Mayor Stephen Chase and Members of Common Council Deputy Mayor and Councillors After receiving a report from the Project Manager for Peel Plaza, Mr. William Edwards, the Steering Committee would like to report the following and make a recommendation with respect to the next steps for the Project. A significant milestone has been achieved in advancing this project. On March 24th the Request For Qualifications closed with five significant national consortiums responding. A group of specialized evaluation teams was put together; each team evaluating those aspects of the submissions within their area of expertise (financial, technical, procurement, etc.). Subsequent to the technical evaluations, recommendations were presented to the overall Evaluation Team consisting of the Project Manager, Police Commission representative, Parking Commission representative, Finance representative, and Procurement representative. The Evaluation Team has now recommended that to advance the project, three consortiums should be invited to respond to a Request for Proposals. This Request For Proposals will be prepared in consultation with the City of Saint John by Deloitte for a cost not to exceed $80,000 subject to Council approval. Your Steering Committee supports this course of action and consequently requests Council's endorsement of the following resolution. 294 -2- RECOMMENDATION Be it resolved that Common Council approve the engagement of Deloitte & Touche LLP in an amount not to exceed $80,000 plus HST for the preparation of a Request For Proposals for the Peel Plaza Project. Respectfully submitted, Mayor Ivan Court, Chair Steering Committee Peel Plaza Project /jaf 295 D l itt Deloitte Touche LLP e, o e Brookfield Place 181 Bay Street Suite 1400 Toronto ON M5J 2V1 Canada Tel: (416) 775-7443 Fax: 416-601-6990 www.deloitte.ca April 2, 2009 Mr. Patrick Woods Deputy City Manager Citv of Saint John Mr. Bill Edwards Commissioner Peel Plaza Project Manager Citv of Saint John Delivered via e-mail Re: Proposal to Develop the Peel Plaza Redevelopment Project P3 Request for Proposals (RFP) Document Deloitte & Touche LLP ("Deloitte", "our", "we", or "us") understands that the City of Saint John ("City" "vou") mad like to request our assistance in the development of the RFP document for the Peel Plaza Redevelopment P3 Project ("Project"). Deloitte is submitting this proposal to the City at the City's request. This proposal sets out the role of Deloitte in providing these services and confirms the appointment of Deloitte to provide the services described herein, and records our mutual understanding and agreement regarding the scope and terms of our engagement ("Engagement") as set out below. Understanding of the Assignment We understand that the RFP document crafted for the Project will be critical to ensuring that the Citv properly communicates its expectations to RFP proponents and that optimal risk transfer is achieved by the Citv through the P3 process. We have experience crafting, or contributing to, market accepted RFP documents for major public infrastructure developments in jurisdictions across Canada. We will bring our experience and understanding of similar project RFP documents, including our experience in Nvorking with other technical and legal advisors, to the assigmmnt of crafting an RFP document that will achieve the City's objectives for the Project and is consistent with Canadian P3 market best practices. This additional scope of seiArices does not add to your project budget as the development of the RFP document is a critical work element that would have to be completed by either or transaction or legal advisors. We believe that our experience in working with these documents will result in the most efficient and cost-effective delivery of this critical transaction document. r:krrb^ ce i" %kr .ar c' D dui la T_ Tchrrids_ 296 April 2, 2(_)(_)9 Page 2 Scope of Sera ices We will undertake the following tasks, as directed by you. Our proposed scope of work for crafting the RFP document includes: Defining and Designing the RFP Procurement Process: We will document the end-to-end process - with all the necessan- protections for the City - to be followed by proponents in order to submit a bid. This will include defining all timelines and milestone dates, the process for seeking and receiving clarifications, the structure and approach to commercially confidential meetings during the RFP open period, and the process for interviews and negotiations post-RFP close. We will work closely with the City's purchasing officials and legal advisors to ensure that the process we define and design is consistent with the City's procurement policies and P3 market commercially accepted practices. We have enclosed an Illustrative Table of Contents in Appendix A to provide you with a sense of the volume and complexity of the RFP document to be prepared. Compiling and Presenting Required Contextual Information: We will work closely with appropriate City, Police Commission, and Parking Commission staff and advisors to compile and present relevant required contextual information for inclusion in the RFP document, such as Project goals and objectives, specific property information, essential deal terms, and the specific relationships among the assets included in the transaction as well as the relationship bete°een the City's transaction and that of the Province of NeNy Bnmsv °ick's on the Saint John LaN-,- Courts. This information Nvill be critical in communicating important policy, regulatory and business parameters that bidders will need to inform and scope their bid submissions to the City. Defining Bid Submission Requirements: We will articulate in detail the transaction process, including, but not limited to, all bid submission requirements that proponents are to adhere to including mandatory, technical and financial submission requirements. We will consult and work with appropriate City, Police Commission, and Parking Commission staff and advisors to properly scope and right-size bid submission requirements for key technical and financial submission elements, including, but not limited to, design, developer's plans (e.g., management, construction staging, life-cycle management, etc.), and financing information and commitments. 4. Developing and Articulating the Evaluation Process and Methodology: We will articulate the evaluation process, such as the evaluation resourcing and accountability structure, and the methodology to be used to evaluate all rated bid submission requirements, including the process for considering and rating prescribed innovation submissions provided by proponents. Structuring Evaluative Criteria and Weighting: We Nvill define the in *or evaluation categories and sub-categories, including the specific criteria against which bids will be evaluated. We will also work with you and your advisors (design, FM, legal, engineering and others) to appropriately weight the major evaluation categories (and sub-categories, if appropriate), to ensure that the process results in bids that achieve the City's desired goals and objectives for the Project 6. Developing Standard Terms and Conditions: Working with your legal advisors, we will develop appropriate standard terms and conditions for inclusion in the RFP document that protect and promote the rights and authorities of the Citv_ and that reflect current Canadian P3 market precedent and practice. 7. Responding to Proponent Requests for Information and Clarification: We Nvill Nyork Nvith the Citv and legal advisors in providing relevant information to answer proponent requests for 297 April 2, 2(_)(_)9 Page information and clarification with respect to the RFP document, and where appropriate, we will develop addenda amending the RFP document. Work Plan We estimate that it will take up to 40 fill days of effort to complete the RFP document and are targeting early May 2009 for completion of the assignment. This level of effort includes writing the document, working and liaising with the Citv's legal advisors to ensure the RFP document's alignment with the Project Agreement, and consulting with appropriate City, Police Commission and Parking Commission staff and advisors at critical junctures to obtain concurrence with relevant RFP document provisions. To facilitate optimal information sharing and decision-making, we propose to schedule weekly conference calls with you to advise you of our progress in developing the RFP document and to seek your direction on important process and commercial matters that will need to be clearly defined for bidders in the RFP. We will coordinate and support these meetings on your behalf. Engagement Team Gianni Ciufo, MBA - Engagement Partner Gianni is a Partner in Deloitte's Financial Advisory Services (Corporate Finance Group) and the North American Leader responsible for the deliver- of Infrastructure Advison- and Project Finance services. He has extensive experience in project and real estate finance, public-private partnerships, alternative selArice deliven-, and capital markets advisory and has established himself as a leading financial and transaction advisor to government and broader public sector clients providing innovative and market accepted solutions for some of Canada's largest and most complex public infrastructure projects. Gianni has a vast network of contacts across the North American infrastructure and capital markets and is currently engaged on a diverse range of critical public infrastructure projects - from hospitals, to academic institutions, to essential security infrastructure - valued at more than $2.5 billion. Gianni has provided substantial financial, procurement, transaction and other advice to varied organizations such as the Ontario Realty Corporation, National Ballet School, George Brown College, York University Development Corporation, Partnerships British Columbia, Casey House and several other relevant public sector organizations. He has crafted and managed tender documents and processes for the Ontario Realty Corporation, York University Development Corporation (commercial transaction for a major parcel of surplus land), and George BroN-,°n College (RFQ and RFP for a new student residence). Most recently, Gianni has been involved in a RFQ for DBFM for the Ontario Provincial Police Modernization "OPPM" project as well as participating in an RFP for Technical Advison- Services for the Windsor Essex Project, both of which are running through Infrastructure Ontario. Gianni Ciufo will be the Engagement Partner for this assignment Chris Loreto, MBA - Project Manager Chris is a Managing Director within Deloitte's Infrastructure Advisory and Project Finance practice. Chris has experience in writing numerous RFP documents, including a ground breaking transaction document for the Ontario government's Ontario Mortgage and Housing Initiative which resulted in a roster of lenders to provide $400M in mortgage financing to affordable housing developers under the Canada-Ontario Affordable Housing Program. Chris has been leading Deloitte's efforts in supporting the City develop the transaction for the Project. He will be the project manager for this assignment with priman- responsibility_ for ensuring fiill and complete integration of this work component with the broader Project. 298 April 2, 2(_)(_)9 Page 4 Jennifer Quinn - RFP Lead Jennifer is a Manager in the Infrastructure Advison- and Project Finance practice. Her experience ranges from business case development, with a focus on value for money assessments and the development and calibration of availability based payment mechanisms. She has ivorked in a variety of sectors including transportation, health care, education and iyaste management. Jennifer vyill be responsible for crafting the RFP document. She Nyill leverage the experience she has gained on some of Canada's most high profile vertical infrastructure P3 projects to deliver an RFP document that meets the City's requirements and is consistent with Canadian P3 market practices. Michael Fishbein - RFP Lead Michael is a Senior Associate within the Infrastructure Advisory and Project Finance group. Prior to joining Deloitte, Michael worked at major lacy firms in Canada and the Middle East, gaining unique experience advising governments in all aspects of public-private partnership projects, including project design and structuring, drafting project agreements and procurement documents such as RFP and RFQ documentation, as vyell as financial model review. While at Deloitte, Michael has advised a vyide variety of municipal and provincial governments on public-private partnership projects, from a financial and transactional perspective including drafting project agreement, RFQ and RFP documents. Holding academic qualifications in both laNy and business (M.B.A.), as Nyell as a legal background specializing in M&A transactions and tax lave, Michael brings multidisciplinan- expertise as Nyell as significant P experience in a Canadian and international context. Michael crafted the RFQ for the Project and vvill be iyorking with Jennifer Quinn in crafting the RFP document. Prolessionul Fees We estimate that this assignment will take 25 to 40 days to complete at a cost of $52,000 to $80,000. To manage costs, Nve Nyill proceed with our Nyork only as directed by you, and on a time and materials basis. We Nyill provide you with regular status updates as to our progress in developing the RFP, the level of effort expended and the budget impact of this effort. If our work on the RFP document is at risk of exceeding this estimated level of effort, vve Nyill advise you in N-viiting and seek your direction on how to proceed. Duration ofAgreement The term of this Engagement Letter shall commence on the date that this Engagement Letter is signed and it to continue for a maximum period of 120 days thereafter, unless extended by the mutual agreement of the Citv of Saint John and Deloitte. This Engagement Letter can be terminated at any time by the Citv giving written notice to that effect to Deloitte. C'onlidentiulity Deloitte will keep all matters related to completion of the Engagement as confidential. Notices Anv notice or other communication required or permitted to be given under this Engagement Letter shall be in N-viiting and shall be sufficiently given or made by delivery or by telecopy or similar facsimile transmission (receipt confirmed) to the respective parties as follows: 299 April 2, 2(_)(_)9 Page 5 1. If to the City of Sault John, to: Peel Plaza Office City of Sault John P.O. Box 1971 Saint John, N.B. E2L 4L1 2. If to Deloitte, to: Deloitte & Touche LLP 181 Bav Street Brookfield Place Suite 1400 Toronto, ON M5J 2V1 Attention: Mr. Bill Edwards Commissioner Tel: 506 649-7997 E-mail: bill. edwardsw saintiohn.ca Attention: Mr. Gianni Ciufo Partner and North American Leader Infrastructure Advisorv and Project Finance Tel: 416-775-744 Fax: 416-601-6690 E-mail aciufowr deloitte.ca Anv notice so given shall be deemed conclusively to have been given and received when so personally delivered or so telecopied or transmitted. Any party may change its address by notice to the others in the manner set out above. This Engagement Letter constitutes the entire agreement of the parties hereto with respect to this Engagement Letter, supersedes all other oral or written representations, understandings or agreements relating to this Engagement Letter, and may not be amended except by written agreement signed by the parties. If the foregoing is in accordance with your understanding, please indicate your agreement to the above terms and conditions by signing the enclosed copy of this Engagement Letter and returning it to us. We appreciate the opportunity to seiAre you, and look foilyard to continuing our relationship. Yours very truly, Gianni Ciufo Partner and National Lead Infrastructure Advison- and Project Finance Deloitte & Touche LLP Accepted this day of , 2009. Name: Title: The City of Saint John 300 April 2, 2(_)(_)9 Page 6 APPENDIX A - ILLUSTRATIVE TABLE OF CONTENTS SECTION 1 - INTRODUCTIONERROR! BOOKMARK NOT DEFINED.ERROR! BOOKMARK NO' 1.1 General Error! Bookmark not defined.Error! Bookmark not defined. 1.2 Prequalified Parties and Proponent RepresentativesError! Bookmark not defined.Error! Bookr 1.3 Overview of the Stages of Project Procurement and ImplementationError! Bookmark not defini 1.4 Fairness Monitor...... Error! Bookmark not defined.Error! Bookmark not defined. 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The City of Saint John April 24, 2009 Deputy Mayor Stephen Chase And Members of the Common Council Your Worship and Councilors: Re: Peel Plaza Project - Project Manager The matter of Bill Edwards' serving as Project Manager of the Peel Plaza Project so-called, was discussed at a recent Committee of the Whole meeting and the text of an agreement in that regard, a copy of which is attached, was considered. As a result the Committee of the Whole recommends the Council adopt the following. resolution: Resolved that the text of the Agreement relating to Mr. William E. Edwards serving as Project Manager of the Peel Plaza Project so-called, as attached to the recommendation of the Committee of the Whole dated April 24kh, 2009 be approved and its execution by the Mayor and Common Clerk be authorized.. Respectfully Submitted, Mayor Ivan Court Chairman, Committee of the Whole SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 www,.saintjohn.ca I C.R 1971 Saint. John, N.-B. Canada E2L 4L1 304 This Agreement made this day of 2009. BY AND BETWEEN: The City of Saint John, a body corporate by Royal Charter confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick - and - William E. Edwards, of the City of Saint John, in the County of Saint John and Province of New Brunswick WHEREAS William E. Edwards holds the office of Building Inspector for the City of Saint John (Building Inspector) pursuant to a resolution of Common Council dated the 21". day of November 1994; and WHEREAS Mr. Edwards has been assigned to the role of Project Manager for the Peel Plaza Project so-called(the Project), which includes a proposed Police Headquarters for the Saint John Police Force, a proposed municipal parking garage and a public plaza; and WHEREAS there exists the potential for a conflict of interest or the possibility of a reasonable apprehension of bias arising from Mr. Edwards' occupying both of the aforesaid positions simultaneously, and WHEREAS notwithstanding the aforesaid it is the wish of Common Council the Mr. Edwards continue in both of the said positions; and WHEREAS it is also the wish of Common Council to minimize in the circumstances described in the preceding recitals, the potential for claim of conflict of interest or reasonable apprehension of bias arising; NOW THEREFORE THIS AGREEMENT WMxTESSETH that the parties hereto agree follows: I. That notwithstanding Mr. Edwards' position as Building Inspector, he shall not take part directly or indirectly in any decisions respecting the application to the Project of the City's Building By-Law as it exists from time to time, including any code referred to therein or adopted thereby or any similar legislation now existing or enacted during the life of the Project, and without limiting the generality of the foregoing shall not take part in any process intended to facilitate any such decision. 305 2. That all matters respecting the application of the Project to the City's Building By- Law as it exists from time to time, including any code referred to therein, or adopted thereby, or any similar legislation now existing or enacted during the life of the Project, shall during as well as after Mr. Edwards' tenure as Project Manager and so long as he holds the office of Building Inspector, be dealt with by or under the supervision of David Crawford, Deputy Building Inspector of the City of Saint John, or such person as might occupy the latter position from time to time. IN WrFNESS WI-IEREOF the parties have duly executed these present the day and year first above written.. SIGNED, SEALED & DELIVERED ) in the presence of } THE CITY OF SAINT JOHN Ivan G. Court, Mayor Elizabeth Gormley, Common Clerk Common Council Resolution: William E. Edwards 306 April 811,, 2009 Mayor Court and City Councilors: This letter is to inform your worship and fellow councilors of the upcoming 2009 South End bays and how you and your team can help us make this neighborhood festival a success. The South End Days Planning Committee is a group of community volunteers who work together within the neighborhood and with community stakeholders to produce the annual festival. The committee works, draws and counts on community support and donations to make South End days a success in the City of Saint John. This year's festival is planned July 17-191h, 2009. This year's honorary chairman is city councilor Donnie Snook. In 2008, people from the South End Peninsula of Saint John came together to plan a one day event that celebrated their neighborhood and the people who lived there. If one thing was evident from last year's success it was that this neighborhood was very proud of where it came from and. that it wished to create a new tradition, As such for 2009 the festival will be bigger and better with it spanning over 3 days. This year we have a fundraising goal of $20,000.00 in order to grow South End Days into a great 3 day festival, as such we are reaching to local organizations to help us attain our goal through donor dollars or in kind donations. We believe that we all have a stake in our community and we are asking that Saint John Common Council consider a donation of $2500.00 or perhaps if better suited an in kind donation of police services during the festival. Your support and contribution will help with the much needed growth and vibrancy that our great city needs. We look forward to discussing your contribution and we would be honored to have Saint John Common Council as a major sponsor of our festival. I will follow up with you later next week to discuss your possible contribution. Respectfully submitted, Carl Trickey South End Day Committee Head 506-636-8000 mmanorbb@nbnet.nb.ca 307 Objectives of South End Days: "Our" Neighborhood Festival Create a neighbourhood celebration that builds pride, is fun, friendly and respectful of the diversity of our neighbours and our neighbourhood. • Provide a variety of social, cultural and sports events over a three day period. • Raise funds that support the festival and other identified neighborhood initiatives. 2009 South End Schedule of Events Friday, July 17th, 2009 - Day 1 * South End Days Kickoff - Big Top * Community BBQ (5 to 8 PM) - Big Top * Stage Show (6 to 8 PM) - Big Top * Teen Dance (9 to 11:80 PM) - Big Top Saturday, July 18th, 2009 - Day 2 * Yard Sale (8 to 11 AM) - Big Top * BBQ (10 AM to 2 PM) - Big Top * Bingo (12 noon to 2 PM - Big Top * South End Games (2 PM to 5 PM) - TBA * Children's Time (2 to 5 PM) - Big Top * BBQ Dinner/Awards Presentation - 5 to 8 PM Big Top * Children's Movie Night - 8 to 10 PM - TBA * Adult Dance/Beer Garden - 9 PM to 1AM - Big Top * Fireworks - 10 PM - TBA 308 Sunday, July 19th, 2009 Day 3 * Neighbourhood Breakfast - 8 to 11 A - Big Top * Neighbourhood Clean-up - 11 to 12.30 * Closing Ceremonies -12:30 - Big Top 309 04/14/2009 15:55 586-648-0804 BOYS & GIRLS CLUB PAGE 02/04 Boys & Girls Club of Saint Jahn A good place to be Attention: BOARD OF DIRECTORS Founding PrasWent: Mayor Ivan Court RunCan M. Wathen Members of Gammon Council (19p4-19aa) President Re: Funding Request David J, Merrithow Date: April 17, 2009 I" Vice-President Catherina Rignanesl, C.A, e Vca-President THE BOYS AND GIRLS CLUB OF SAINT JOHN, INC:. Cory S. Gallant and Treasurer. THE BOYS AND GIRLS CLUBS OF CANADA Catherine Rignanesi, O.A., PRESENTS THE 2009 NATIONAL YOUTH CONFERENCE.- secretary; Amanda Masters "CLICK"09...Wheln it Clicks, it Makes Sense"I Post President Cart A. White The Boys and Girls Clubs of Canada and the Bogs and Girls Club of Saint John would like to respectfully request financial support from the MEMBERS City of Saint Jahn for the hosting of the National Youth Conference in Cony Rriemm what will be an amazing opportunity for youth, Peter T, Dolan J-M. (Mach l=erguson On May 20-24, 2009, close to 200 youth and staff from Boys and Girls T. Jon ScotteMGC lr none Clubs across the country will converge in beautiful Saint Jahn, New Audrey McLean Brunswick for a week full of new opportunities, experiences, Todd Patter friendships knovAedge and new energ to brin back t th i h Pottle , y g o e r ome Clubs! Lynn a Lynn Rector Philippe Richard The conference will take place at the University of New Brunswick Michael F. Schulze scoft Sta0ey , Saint John Campus and is geared to youth a es 14 1$ ld Shannon Wheaton g - years o , ideally with some leadership experience or interest. The Bays and Girls Club of Saint John and the BGCC are looking EXECUTIVE DIRECTOR Deborah A. (Debbie) Cooper forward to hosting Click "09, a conference dedicated to creating opportunities to understand and explore personal, local, and global EXECUTIVE DIRECTOR EMERITUS challenges. Margaret E. Nodvmll 1 Paul Harris Street PO BOX 2441 Sint John, NE3 EM 3V9 ) mi'm T506 $34-20 11 •;~~y F506""1804 *A~aporsar~for' www,beccan.com 310 04/14/2009 15:55 506-648-0804 BOYS & GIRLS CLUB PAGE 04/04 BOYS AND GIRLS CLUBS OF CANADA BOYS AND GIRLS CLUB C SAINT JOHN w HOST 2009 National Youth Conference (May 20-24, 2009) BUDGET EXPENDITURES ,Accommodation, meals and conference venue (4 nights & 4 days) Conference speakers, workshops, events & activities Day Trip Transportation to the conference venue from the airport for conference activities + Youth Steering Committee Planning Communications (logo creation, print material, signage,banners, shipping) Re istrartion kits Conference. Management Miscellaneous ITOTAL EXPE{VorwrzS SPECIFIC SOURCES OF REVENUE Conference mglstrations (175 etople x $275 per person) Sponsorship: Sears Microsoft Other BGCC Sponsors Conference Host Club Fundraising Boys and Girls Clubs of Canada Foundation iTUTAL REVENUE 311 AMOUNT 50,000 17,500 10,500 3,500 10,000 3,500 9,000 10.000 4,125 118,1255 TOTAL 48,125 20,000 10,0010 16,000 9,000 15,000 918,125 04/14/2009 15:55 506-648-0804 BOYS & GIRLS CLUB PACE 03/04 a Boys & Girls Club yr r of Saint John r~ f- Y A good place to be BOARD OF DIRECTORS Founding President: Duncan M, Wathen In addition to motivational keynote address, the youth will experience (190e4-1989) formal and informal workshops and speakers. These workshops will provide an opportunity to make sense of things that "click" through a Iid P idJ. focus on yourself and personal wellness, your community and conflict Memlthre " resolution, your region from a technological view, and your world as a 1" Vice-President: Whop. Catherine Rignanesi, C.A, We would greatly appreciate your due consideration to our request for Cory sSGallllant $2,000.90 to off-set conference costs as outlined in the attached budget. Please contact Scott McKinnon, conference co-chair at 644- Treasurer: 9229 (cell) or Carl White at 643-2990. Catherina Rignanesi, CA. Secretary- We would appreciate being notified of your decision to participate by Amanda Meters contacting one of the aforesaid stated contacts. Past President: Thank you and we await your reply. Carl A. White 11111 ERS You s truly, Corry Brienxa Peter T. Dolan ~ A. / J.M. (Mac) Richard T. . Jones Jones Scott McKinnon Carl White Scott McKinnon Conference Co-Chair Host Committee Audrey McLean Todd Potter Arthur L. Pottle Lynn Rector Philippe Richard Michael F. Schulze Scott Stacey Shannon Wheaton EXECUTIVE DIRECTOR Deborah A. (Debbie) Cooper EXECUTIVE DIRECTOR EMERrrUS Margaret E, NodWell 1 (Paul Harris Streak PO ftx 2441 Saint John, NB , C> frJ E21- 3V9 1r c T $06 634-201 1 F-906 W-0804 www.bg=n.com 312 April 23), 2009, The Common Council of Saint John Your Worship and Councillors: It has been more than two months since Council received my letter regarding the Council resolution of May 13, 2002. 1 am not satisfied with the response to this matter, and it is an insult to imply that the satisfactory answers are already in the public record. Council has responded with a report from the Deputy Mayor about vetting reports from Committee. This is irrelevant to the main concern about the resolution. The problem with the May 2002 resolution is not about the speed in which it was adopted. The problem is about the reason for its adoption in that farm, what if any legal input went into it, and the consequences of the careless drafting. My letter of February 10, was deliberately restrained as I was expecting Council to use nay letter as a point of departure and ask some relevant questions. What happened was a surprise and astonishment. With nearly seven years to determine what the resolution means, the Commissioner of Finance was silent, the Deputy City Manager talked about the original costing of the resolution as if it was part of the original public record, the City Solicitor informed the Council that the resolution was and is part of the public record, and the Common Clerk considered the letter "to be routine and not require debate or discussion," and decided the letter was routine enough for the Consent agenda and to be filed for information. Condoning this action leads me to wonder how much more information do you really need in order to learn, to know and to understand that the citizens deserve to know the full meaning of the resolution, and that it should be expressed intelligibly for the official public record. Subsequently, I was informed that the "Letter Re City Manager's Pension be deferred to the next meeting of Council pending a verification of the public record." What public record? The City's senior officials know that a Committee of the Whole reports contains no public record other than in this case the confusing resolution itself: When it is appropriate to use it, the word "resolution" by its very nature is supposed to "resolve" issues. The problem of course is that the May 2002 resolution is such a mix of mumbo jumbo and alphabetical trash, that unless it is clarified and redrafted to reflect the intention of Council as to what monthly amount "the City shall annually pay," it will remain fertile ground for the potential misuse .and abuse far beyond the present City Manager. Furthermore, the mixed up wording makes it possible that the actual resolution whatever it means does not even coincide with Council's intention. 313 The convoluted wording, the circumstances surrounding the reason for this resolution, and the secrecy that still prevails, reminds me of George Orwell's book "Nineteen Eighty-Lour`' and his term "°newspeak." Orwell said, that "government would invent words and phraseology to suit its own objectives." He also predicted the government would use "doublethink" which would be a way of accepting the normally contradictory meanings of the new language. On the same paint, Dr. Lutz, Chairman of the US National Council of Teachers of English said, "Government purposely uses convoluted and fractured language to deceive the people." Dr. Lute said the government uses the doubletalk for the same reasons Orwell predicted: "evasion and self-protection." We know that human beings communicate through the use of language under the guide of certain rules. We should also know that Common Council makes and communicates public policy decisions to its citizens through the use of resolutions guided by the same rules that require language to make sense. When faced with a troubling resolution as to its full meaning and consequences, Council members should remember their oath of office, which requires by law that elected officials discharge the duties of their office "diligently, faithfully and impartially." In the broadest sense, the main duty of'such officials is to safeguard democracy. Whatever the annual amount was intended to be or interpreted to be, the resolution was designed to get around the maximum pension amount at the expense of the taxpayers with little or no specific public disclosure. This is unacceptable and all legitimate means should be used to determine the full meaning and its financial consequences. The private record from the several Committee of the Whole meetings in April 2002 and the March 2009 meeting would undoubtedly shed some light on this dark resolution. Privacy laws and closed Council meetings are not designed to keep from the citizens information relevant to the meaning of resolutions. In a case like this, there should not be a conflict between protecting individual rights and the common rights of the community for transparent action by Council of its public policy decisions. For many years, Municipalities in New Brunswick have been categorized with hospitals and universities as an efficient way to provide various services rather than emphasizing the local governmental role of the Municipal Corporation. Consequently, the citizens of New Brunswick are still waiting for Municipalities to come under the provincial Right to Information Act. 1 raise this topic because the provincial government has discussed and promised this legislation for many years. It is obvious that Municipalities have not been pushing for this inclusion. 314 As a Municipality is considered the third level of government, the Right to Information Act should be available to its citizens at the local level. The present circumstances surrounding the May 2002 resolution and the conceited effort to reveal as little information as possible about this unclear resolution, points once again to the necessity for the Right to Information Act to apply to Municipalities. In view of the foregoing, I am forwarding copy of this letter to the Hon. Bernard LeBlanc, Minister of Local Government. Yours truly, Frank Rodgers Cc: Minister of Local Government 315