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2009-10-26_Agenda Packet--Dossier de l'ordre du jour�1 �i 0 City of Saint John Common Council Meeting Monday, October 26, 2009 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.0 Employment Matter 10.2(4)0) 1.1 Negotiations 10.2(4)(c,f,g) 1.2 Property Matter 10.2(4)(c,d) 13 Legal Opinion 10.2(4)(f) 1.4 Litigation 10.2(4)(f,g,i) 1.5 Property Matter 10.2(4)(c,g) 1.6 Land Matter 10.2(4)(c,d,f) 1.7 Employment Matter 10.2(4)0) 1.8 Litigation 10.2(4)(g) Regular Meeting 1. Call to Order — Prayer 6:30 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of September 28th & 29th, 2009 3. Adoption of Agenda 3.1 Thank you to Council from Green Feet Committee 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Commercial Properties Ltd Letter Re Rehabilitation of Historic Ordnance Building (Recommendation: Receive for Information) 5.2 Gorman Nason Letter Re Zoning of 40 Forest City St (Recommendation: Refer to Acting City Manager and City Solicitor) 5.3 Teed Letter re Destination Saint John (Recommendation: Receive for Information) 5.4 Rodgers Letter re Questions Respecting Recent Walsh Settlement (Recommendation: Refer to City Solicitor and Police Commission) 5.5 Enterprise Saint John Request to Present 2009 Work Plan Update and 2010 Work Plan Highlights (Recommendation: Refer to Clerk to Schedule) 5.6 Proposal 2009- 088002P - Website Redesign (Recommendation in Report) 5.7 Contract 2009 33 Crack Sealing 2009 (Recommendation in Report) 5.8 Offer to Purchase City -Owned Land Latimore Lake Rd (Recommendation in Report) 5.9 Proposed Public Hearing Date for 29 -47 Sewell St and 69 -75 Dorchester St and 347 -351 Main St (Recommendation in Report) 5.10 Tender for Fire Station 42, Loch Lomond Rd Pavement Reconstruction (Recommendation in Report) 5.11 Tender to Rebuild 1988 Vohl Snow Blower Attachment 4703 -1 (Recommendation in Report) 5.12 Legal Expenses Incurred by Planning Advisory Committee re NB Assessment and Planning Appeal Board Case Respecting 117 Carleton St 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 8.1 Council of Canadians Re Blue Communities Project 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning By -Law Amendment 105 Mountainview Drive 9.1(b) Planning Advisory Committee Recommending Rezoning 9.2 Proposed By -Law Amendment Stop Up and Close a Portion of Public Street Between Harding St West and Fairville Blvd 10. Consideration of By -laws 10.1 Proposed Municipal Plan Amendment 72 Broad St 10.2(a,b) Third Reading Proposed Municipal Plan and Zoning Amendment 274 Sydney St 10.2(c) Section 39 Conditions 103(a) Third Reading Proposed Zoning Amendment 202 St. James St West 103(b) Section 39 conditions 11. Submissions by Council Members 11.1 Development of a Rehabilitation Strategy for Cedar Point Storm Drainage (Councillor Sullivan) 11.2 Location of Blue Bins (Councillor Titus) 113 Highway 100 ( Fairville Blvd - Simms Corner - Bridge Rd Corridor) (Councillor McGuire) 11.4 Challenging Properties in West Saint John (Councillor McGuire) 12. Business Matters — Municipal Officers 12.1(a,b) Acting City Manager: Winter Management Plan for Streets and Sidewalks 12.2(a) Acting City Manager: Sick Leave Report 12.2(b) Sick Leave Report Appendices A -I 12.3 Acting City Manager: Harbour Clean -Up Program - Long Wharf Lift Station 410 12.4 Acting City Manager: Emera Clean Up Approvals 12.5 Acting City Manager: Container Recycling at City Facilities 12.6 Acting City Manager: PALS Partnership with Lorne Middle School 13. Committee Reports 13.1 Fundy Region Solid Waste Commission: Proposed Operating Budget for 2010 13.2 MPNU Association Requesting Council Rescind Wage Freeze Imposed on Management Group 13.3 Committee of the Whole: Energy and Utility Board Hearing Water Rates 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment �1 �i 0 City of Saint John Seance du conseil communal Le lundi 26 octobre 2009 Comite plenier 1. Ouverture de la seance 17 h — Salle de conference, 8e Rage, hotel de ville 1.0 Question relative a 1'emploi — alin6a 10.2(4)j) 1.1 N6gociations — alin6a 10.2(4)c), f), g) 1.2 Question relative aux biens -fonds — alin6a 10.2(4)c), d) 13 Avis juridique — alin6a 10.2(4)f) 1.4 Litiges — alin6a 10.2(4)f), g), i) 1.5 Question relative aux biens -fonds — alin6as 10.2(4)c), g) 1.6 Question relative aux terrains — alin6as 10.2(4)c), d), f) 1.7 Question relative a 1'emploi — alin6a 10.2(4)j) 1.8 Litiges — alin6a 10.2(4)g) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18 h 30 Salle du conseil 2. Approbation du proces- verbal 2.1 Proc&s- verbal de la seance tenue les 28 et 29 septembre 2009 3. Adoption de l'ordre du jour 3.1 Remerciements du comit6 Green Feet 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Lettre de Commercial Properties Ltd. concernant la restauration du bdtiment historique du service du materiel (recommandation : accepter a titre informatif) 5.2 Lettre de Gorman Nason concernant le rezonage de 40, rue Forest City (recommandation : transmettre au directeur general par interim et a 1'avocat municipal) 5.3 Lettre de M. Teed concernant Destination Saint John (recommandation accepter a titre informatif) 5.4 Lettre de Rodgers concernant le recent r&glement de 1'affaire Walsh (recommandation : transmettre a 1'avocat municipal et a la Commission de police) 5.5 Demande soumise par Enterprise Saint John qui desire presenter la raise a jour du plan de travail 2009 et les faits saillants du plan de travail de 2010 (recommandation : transmettre a la greffiere pour qu'une date de presentation soit fix6e) 5.6 Proposition 2009- 088002P — remaniement du site Web (recommandation figurant au rapport 5.7 Contrat 2009 -33 relatif au calfeutrage des fissures 2009 (recommandation figurant au rapport) 5.8 Offre d'achat d'un terrain appartenant a la Ville, situ6 sur le chemin Latimore Lake (recommandation figurant au rapport) 5.9 Date propos6e d'une audience publique relativement au 29 -47, rue Sewell, au 69 -75, rue Dorchester et au 347 -351, rue Main (recommandation figurant au rapport) 5.10 Soumission relative a la refection de l'asphalte du chemin Lock Lomond pour la caserne de pompier no 2 (recommandation figurant au rapport) 5.11 Soumission pour remettre a neuf la piece d'6quipement 703 -1 de la souffleuse a neige Vohl 1988 (recommandation figurant au rapport) 5.12 Frais juridiques engages par le Comit6 consultatif d'urbanisme dans 1'affaire relative au 117, rue Carleton port6e devant la Commission d'appel en mati&re d'6valuation et d'urbanisme du Nouveau - Brunswick 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 8.1 Conseil des Canadiens — Projet des collectivit6s bleues 9. Audiences publiques 19h 9. la) Projet de modification de 1'arret6 de zonage visant le 105, promenade Mountainview 9. lb) Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage 9.2 Projet de modification de 1'arret6 sur la fermeture et le barrage d'une partie d'une rue publique entre la rue Harding Ouest et le boulevard Fairville 10. Etude des arretes municipaux 10.1 Projet de modification du plan municipal relatif au 72, rue Broad 10.2a), b) Troisieme lecture du projet de modification du plan municipal et du zonage visant le 274, rue Sydney 10.2c) Conditions impos6es par Particle 39 10.3a) Troisieme lecture du rezonage propose visant le 202, rue St. James Ouest 10.3b) Conditions impos6es par Particle 39 11. Interventions des membres du conseil 11.1 Elaboration d'une strat6gie de refection des r6seaux pluviaux de Cedar Point (conseiller Sullivan) 11.2 Emplacement des bacs bleus (conseiller Titus) 113 Route 100 (boulevard Fairville — coin Simms — couloir du chemin Bridge) (conseiller McGuire) 11.4 Biens -fonds int6ressants dans Saint John Ouest (conseiller McGuire) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 a), b) Directeur general par interim : Plan de gestion hivernal pour les rues et les trottoirs 12.2a) Directeur general par interim : Rapport relatif aux cong6s de maladie 12.2b) Rapport relatif aux cong6s de maladie, annexes A -I 12.3 Directeur general par interim : Programme relatif aux travaux de nettoyage du port — station de relevement ri 10 du quai Long Wharf 12.4 Directeur general par interim : Approbations de nettoyage — Societe Emera 12.5 Directeur general pas interim : Recyclage des recipients aux installations de la Ville 12.6 Directeur general par interim : Partenariat PALS avec 1'6cole interm6diaire Lorne 13. Rapports deposes par les comites 13.1 Commission de gestion des d6chets solides de Fundy : Budget d'exploitation propos6 pour 2010 13.2 Demande de 1'association MPNU (Management Profession Non - Union) d'annuler le gel des salaires impose au groupe d'employ6s cadres 13.3 Comit6 pl6nier : Audiences de la Commission des entreprises de service public — tarifs d'eau 14. Etude des sujets ecartes des questions soumises a 1'approbation du consed 15. Correspondance generale 16. Levee de la seance I 1ry1 �y, fR''y" 9, w October 23, 2009 His Worship Mayor Ivan Court and Members of Common Council, Subject: Committee of the Whole Closed Session The Common Council meeting of October 26th, 2009 contains the following items on the agenda: 1.0 Employment Matter 10.2(4)(b,j); 1.1 Negotiations 10.2(4)(c,f,g); 1.2 Property Matter 10.2(4)(c,d); 1.3 Legal Opinion 10.2(4)(f); 1.4 Litigation 10.2(4)(f,g,i); 1.5 Property Matter 10.2(4)(c,g); 1.6 Land Matter 10.2(4)(c,d,f); 1.7 Employment Matter 10.2(4)(j); 1.8 Litigation 10.2(4)(g) Section 10.2(4) of the Municipalities Act states: "If it is necessary at a meeting of council, or committee of council, to discuss any of the following matters, the public may be excluded from the meeting for the duration of the discussion ": (b) "Personal Information" (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 (f) "information concerning legal opinions or advice provided to the municipality by a municipal solicitor, or privileged communications as between solicitor and client in a matter of municipal business ". (g) "litigation or potential litigation affecting the municipality or any of its agencies, boards or commissions, including a matter before an administrative tribunal" (i) "Information gathered by police, including the RCMP, in the course of investigating any illegal activity or suspected illegal activity, or the source of such information" (j) "labour and employment matters, including the negotiating of collective agreements ". Sinr,erely, Jonathan Tayloi, Assistant Common Clerk SAINT' YNI P.O. Box 19171 Saint Xhn, NB Canada U 40 C �"wsaintlir hn,ca �� C A 19711 Saftit John, IV, -19, Canada EA 4LJq 94 -669 COMMON COUNCIL / CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — SEPTEMBER 28, 2009 - 6:20 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Higgins Killen, Higgins, McGuire, Mott, Sullivan, and Titus -and - P. Woods, Acting City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; D. Scribner, Deputy Chief of Police; R. Simonds, Fire Chief; B. Morrison, Commissioner of Leisure Services; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 28 SEPTEMBRE 2009 A 18 H 20 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, Killen, Higgins, McGuire, Mott, Sullivan et Titus et P. Woods, directeur general par interim; J. Nugent, avocat municipal; G. Yeomans, commissaire a la Division des finances et tresorier; P. Groody, commissaire aux Operations municipales; K. Forrest, commissaire au service Urbanisme et developpement; A. Poffenroth, commissaire adjoint aux Services d'inspection et des batiments; D. Scribner, chef de police adjoint; R. Simonds, chef du service d'incendie; B. Morrison, commissaire des Services des loisirs; ainsi que E. Gormley, greffiere communale et J. Taylor, greffier communal adjoint. Call To Order — Prayer Mayor Court called the meeting to order and Pastor David Nicholson offered the opening prayer. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court, et le pasteur David Nicholson recite la priere d'ouverture. 2. Approval of Minutes 2.1 Minutes of August 31, 2009 On motion of Councillor McGuire Seconded by Councillor Mott RESOLVED that the minutes of the meeting of Common Council, held on August 31, 2009, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 31 aout 2009 Proposition du conseiller McGuire Appuyee par le conseiller Mott RESOLU que le proces- verbal de la reunion du conseil communal tenue le 31 aout 2009 soit approuve. 94 -670 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 A ('issue du vote, la proposition est adoptee. 2.2 Minutes of September 14, 2009 On motion of Councillor Court Seconded by Councillor Mott RESOLVED that the minutes of the meeting of Common Council, held on September 14, 2009, be approved. Question being taken, the motion was carried. 2.2 Proces- verbal de la seance tenue le 14 septembre 2009 Proposition du conseiller Court Appuyee par le conseiller Mott RESOLU que le proces- verbal de la reunion du conseil communal tenue le 14 septembre 2009 soit approuve. A ('issue du vote, la proposition est adoptee. 3. Approval of Agenda On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the agenda of this meeting with the addition of 3.1 Committee of the Whole: Recommended Appointments to Committees, be approved. Question being taken, the motion was carried with Councillor Higgins voting nay. 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente reunion soit adopte, moyennant I'ajout du point 3.1, Comite plenier : Recommandations de nominations pour sieger aux comites. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 3.1 Committee of the Whole: Recommended Appointments to Committees On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the Committee of the Whole, the following appointment to a committee be approved: Enterprise Saint John: as nominated by the Saint John Board of Trade, to appoint Peter Zed for a three year term from September 28, 2009 to September 28, 2012. Question being taken, the motion was carried with Councillor Higgins voting nay. 3.1 Comite plenier : Recommandations de nominations pour sieger aux comites Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le comite plenier, les nominations suivantes soient approuvees : Enterprise Saint John : pour faire suite a la nomination par le Saint John Board of Trade, que I'on nomme Peter Zed pour un mandat de trois ans allant du 28 septembre 2009 au 28 septembre 2012. 94 -671 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the request to present from the River Road Community Alliance Inc. be referred to the Clerk to schedule. 5.2 That the Memorandum of Understanding regarding a UNESCO Geopark application be referred to the Acting City Manager for follow -up. 5.3 That the SPRNG letter dated September 22, 2009 regarding Sandy Point Road be received for information. 5.4 That the Saint John Animal Rescue League request to present and request for funding be referred to the upcoming budget deliberations. 5.5 That the New Brunswick Historical Society letter regarding blood donation recognition be referred to the Mayor for a letter of recognition. 5.6 That the Symphony New Brunswick Foundation Inc. request for funding be referred to budget deliberations. 5.7 That the Habitat for Humanity Saint John Region Inc. request for assistance for the property located at 185/195 Market Place be approved in the form of a grant equal to the costs of building, electrical, and plumbing permits and water and sewerage hook up charges. 5.8 Refer to item 14.2 5.9 That the submitted report regarding a public information session for Albert Street — watermain and sanitary sewer renewal, storm sewer installation and street reconstruction be received for information. 5.10 That Common Council accept the terms and conditions of the July 31, 2009 Letter of Offer from the Atlantic Canada Opportunities Agency for funding in the amount of up to $252,500 under the Recreational Infrastructure Canada Program and authorize the Mayor and Common Clerk to execute the appropriate documentation in that regard. 5.11 That the submitted report regarding the Taylor Avenue Playing Field be received for information. 5.12 That The City of Saint John accept the offer of Betty & Brent Hoyt as set out in the Agreement of Purchase and Sale (Agreement) submitted with M &C 2009 - 305 & acquire the real property interests in PID number 55182824 and portions of PID numbers 55013833 & 55013858 described in the Agreement for the sum of $12,000.00 + HST if applicable, upon the terms and conditions contained in the said Agreement. 5.13 That The City of Saint John accept the offer of the Saint John Marina Ltd. as set out in the Agreement of Purchase and Sale (Agreement) submitted with M &C 2009 - 306 & acquire the real property interests in the 832 square metre +/- portion of PID number 00290197 described in the Agreement for the sum of $6,658.00 + HST if applicable, upon the terms and conditions contained in the said Agreement. 5.14 That The City of Saint John enter into the Easement Agreement with Emera Brunswick Pipeline Company Ltd. in the form and upon the terms and conditions submitted with M &C # 2009 - 307 for the property having PID number 55022123; and further that the Mayor and Common Clerk be authorized to execute the Easement Agreement. 5.15 That The City of Saint John accept the offer of James and Pamela Innes, owners of 31 Grantham Road as set out in the Agreement of Purchase and Sale, and early Is 94 -672 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 access agreement (Agreements) submitted with M &C 2009 - 316 and acquire the easement interest in, and through the portion of PID number 55181952 described in the Agreements for the aggregate sum of $765.00 plus HST (if applicable), upon the terms and conditions contained in the said Agreements; and that The City of Saint John do the necessary work now to correct the improper sanitary connections; and further that the Mayor and Common Clerk be authorized to execute the necessary documents. 5.16 That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 516 square metre ± portion of a public street between Harding Street West and Fairville Boulevard, be set for Monday, October 26, 2009 at 7:00 p.m. in the Council Chamber. 5.17 That Contract Number 2009 -9: Lancaster Lagoon Cell #3 Biosolids Removal and Dewatering, be awarded to the low tenderer, Terratube Inc., at the tendered price of $89,270.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.18 That the report entitled Contract 2008 10 Watermain Cleaning and Lining, Phase 5, be received for information 5.19 That the proposal from CBCL Limited for engineering services (design and construction management) for Woodward Avenue pressure reducing valve and chamber renewal be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.20 That the proposal from Godfrey Associates Ltd. for engineering services (design and construction management) for Rothesay Avenue and Simpson Drive wastewater pumping stations mechanical and electrical systems upgrades, project number 2009 - 0836 -T be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.21 That the proposal from Terrain Group for engineering design and construction management services for the Consumers Drive, Mountain View Drive and Rothesay Avenue - Roadway Improvements project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.22 That the proposal of Dillon Consulting Limited for engineering design and construction management services for the Bonner Place, Fishermans Road, Hickey Road and Paisley Street - Roadway Improvements project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.23 That the project limits identified in the approved 2009 General Fund Capital Program - Transportation Category for Latimore Lake Road from Hickey Road to civic #454 (Fundy Bay Sand and Gravel) be revised to read from Bustin Boulevard to Eldersley Avenue, and that the proposal of Godfrey Associates Ltd. for engineering services (design and construction management) for the Latimore Lake Road — Roadway Improvements project be accepted and the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.24 Refer to item 14.1 5.25 That as recommended by the Acting City Manager, the extra costs for additional time and materials required to complete the work for the Market Square stair reconstruction totaling $17,018.18 (excluding HST) be approved by Common Council. 5.26 That the New Brunswick Provincial Capital Commission's request to present regarding the Promenade of Premiers Project be referred to the Clerk to schedule. 5.27 That Common Council schedule the public hearing for the rezoning application of The Church Army in Canada, Inc. (105 Mountain View Drive) for Monday, October 26, 2009 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. 5.28 That the Cherry Brook Zoo Budget Submission be referred to the upcoming budget deliberations. M 94 -673 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 5.29 RESOLVED that the following resolution adopted by Common Council on the 18th day of August, 2008: "RESOLVED that the minutes of the meeting of Common Council, held on August 5, 2008, be approved ", is hereby rescinded. RESOLVED that the minutes of the meeting of Common Council, held on August 5, 2008, be approved with the following amendment: "The Mayor called for members of the public to speak in favour of the proposed amendment with Rick Turner speaking on behalf of the applicant, Canterbury Developments Ltd. Mr. Turner stated that he is generally in agreement with the staff recommendation but he expressed concern over the condition 1 (c), which states that the developer must complete an engineering water and sewer analysis to determine the impact that the development would have on the existing system; he noted that previous proposals for much larger developments on this site did not have such a condition imposed. He also suggested that the outcome of this study would impact the direction that the development might take, but he stated that they were prepared to conduct the study. Mr. Turner explained that the development is a 52 unit housing project and he noted that some units would be designed to be handicap accessible. In addition, he stated that this $6,000,000 project would provide a large and much needed tax base for the City. Mr. Turner addressed some of the concerns expressed by the residents regarding the upgrading of streets in the area, parking, site planning, landscaping, and site preparation. He stated that a new product named Rock Cracks, which minimizes the vibration of explosion to nearby residents, will be utilized. He also noted that much of the work would be completed through modular construction which would also minimize interruption to the residents. Mr.Turner responded to questions from members of Council. John Rocca, president of Ellerdale Investments, also spoke in favor of the proposal. He addressed many of the issues brought forth by members of the public. Responding to a question with respect to the re- zoning, the Commissioner of Planning and Development stated that the area in question is already zoned as a high density residential area and he noted that Council is being asked to impose reasonable Section 39 Conditions. Mr. Forrest stated that as the project moves forward with detail design, variances may be required. He stated that these variances would be within the domain of the Planning Advisory Committee and would not go back to Council for determination." 5.30 That the submitted report regarding the Summer Playground Survey 2009 be received for information. RESOLVED that the recommendation set out for each consent agenda item respectively with the exception of items 5.8 Establishment of Permanent Positions; 5.24 Saint John Heritage Development Board: Wellington Row, which have been identified for debate, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre de demande soumise par River Road Community Alliance Inc., visant a faire une presentation, soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.2 Que le protocole d'entente concernant la demande de Geopark de I'UNESCO soit transmis au directeur general par interim aux fins de suivi. 5.3 Que la lettre de SPRNG du 22 septembre 2009 concernant le chemin Sandy Point soit acceptee a titre informatif. 5.4 Que la lettre de demande soumise par la coalition secours animal Saint John, visant a faire une presentation devant le conseil et a obtenir un financement, soit 12 94 -674 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 examinee au cours des prochaines discussions sur le budget. 5.5 Que la lettre de la Societe historique du Nouveau - Brunswick visant a faire reconnaitre les dons de sang soit transmise au maire afin qu'une lettre de reconnaissance soit delivree. 5.6 Que la lettre de demande de financement de la part de Symphony New Brunswick Foundation Inc. soit transmise aux fins de deliberations budgetaires. 5.7 Que la lettre de Habitat for Humanity, Saint John Region Inc. pour une demande d'aide financiere pour 185/195 Market Place soit approuvee sous la forme d'une subvention pour le projet de I'organisme Habitat pour I'humanite, situe au 185/195 Market Place equivaudra aux couts de permis de construire, plomberie, electrique et aux frais de branchement aux services d'aqueduc et d'egouts. 5.8 Voir le point 14.2 5.9 Que le rapport presente concernant la seance informative publique relative aux travaux de refection de la rue Albert, au renouvellement de la conduite d'eau principale et des egouts sanitaires et a ('installation des egouts pluviaux de cette rue soit accepte a titre informatif. 5.10 Que le conseil communal accepte les modalites du 31 juillet 2009 precisees dans la lettre d'offre de I'Agence de promotion economique du Canada atlantique concernant un projet de financement au montant de 252 500 $ dans le cadre du programme Infrastructure de loisirs du Canada, et qu'il autorise le maire et la greffiere communale a signer la documentation exigee a cet effet. 5.11 Que le rapport presente concernant le terrain de jeu de I'avenue Taylor soit accepte a titre informatif. 5.12 Que The City of Saint John accepte I'offre de Betty et Brent Hoyt etablie dans une convention d'achat -vente (convention), soumise avec le contrat n° 2009 — 305 et pergoive les interets des biens immobiliers associes a la parcelle de terrain inscrite sous le NID 55182824 et a une partie des terrains portant les NID 55013833 et 55013858 decris dans la convention pour la somme de 12 000 dollars, TVH en sus le cas echeant, conformement aux modalites de Iadite convention. 5.13 Que The City of Saint John accepte I'offre de Saint John Marina Ltd. etablie dans une convention d'achat -vente (convention), soumise avec le contrat n° 2009 — 306 et pergoive les interets des biens immobiliers associes a la parcelle de terrain d'une superficie d'environ 832 metres carres et portant le NID 00290197 decrite dans la convention pour la somme de 6 658 $, TVH en sus le cas echeant, conformement aux modalites de Iadite convention. 5.14 Que The City of Saint John conclue une convention de servitude avec Emera Brunswick Pipeline Company Ltd. dans la forme et selon les modalites precisees en vertu du contrat n° MC 209 -307, relativement au bien -fonds inscrit sous le NID 55022123 et que le maire et la greffiere communale soient autorises a signer Iadite convention. 5.15 Que The City of Saint John accepte I'offre de James et Pamela Innes, les proprietaires de la parcelle de terrain situee au 31, chemin Grantham, telle qu'elle est presentee dans les conventions d'achat -vente et les conventions relatives a I'acces anticipe (conventions) soumises avec le contrat n° M/C 2009 -316 et pergoive les interets generes par la servitude associee a la parcelle de terrain portant le NID 55181952 decrite dans la convention comme le montant global de 765 $, TVH en sus le cas echeant, conformement aux modalites desdites conventions; et que The City of Saint John effectue sans tarder les travaux necessaires a la correction des raccordements sanitaires inadequats, et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. 5.16 Que ('audience publique, relative a I'adoption d'un arrete visant a fermer et a barrer une partie d'une rue publique d'une superficie de 516 metres carres environ, entre la rue Harding Ouest et le boulevard Fairville, soit tenue le Iundi 26 octobre 2009, a 19 h, dans la salle du conseil. 13 94 -675 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 5.17 Que le contrat n° 2009 -9 relatif a la cellule n° 3 du bassin hydrographique Lancaster, pour 1'enlevement et le sechage de biosolides, soit accorde au soumissionnaire le moins- disant, Terratube Inc., au prix offert de 89 270 $, etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer Ies documents contractuels necessaires. 5.18 Que le rapport sur le contrat n° 2008 -10 relatif au nettoyage et au revetement interieur de la conduite d'eau principale, phase 5, soit accepte a titre informatif. 5.19 Que la proposition presentee par CBCL Limited relative aux services d'ingenierie (gestion de la conception et de la construction) du projet de renouvellement de la valve et de la chambre de detente de pression de I'avenue Woodward soit acceptee, et que le maire et la greffiere communale soient autorises a signer la documentation pertinente a cet egard. 5.20 Que la proposition presentee par Godfrey Associates Ltd. relative aux services d'ingenierie (gestion de la conception et de la construction) du projet (n° 2009 - 0836 -T) de modernisation de 1'equipement mecanique et electrique — poste de pompage des eaux usees de I'avenue Rothesay et de la promenade Simpson soit acceptee, et que le maire et la greffiere communale soient autorises a signer la documentation pertinente a cet egard. 5.21 Que la proposition presentee par Terrain Group Inc. relative aux services de gestion de la conception et de la construction pour Ies travaux de refection de la chaussee de la promenade Consumers, de la promenade Mountain View et de I'avenue Rothesay soit acceptee, et que le maire et la greffiere communale soient autorises a signer la documentation pertinente a cet egard. 5.22 Que la proposition presentee par Dillon Consulting Limited relative aux services de gestion de la conception et de la construction pour Ies travaux de refection de la chaussee de la Place Bonner, du chemin Fishermans, du chemin Hickey et de la rue Paisley soit acceptee, et que le maire et la greffiere communale soient autorises a signer la documentation pertinente a cet egard. 5.23 Que la delimitation geographique du projet definie dans le programme d'immobilisations du fonds d'administration pour 2009 approuve, categorie des transports, visant le chemin Latimore Lake, du chemin Hickey au n° 454 (Fundy Bay Sand and Gravel) soit revisee afin que l'on puisse lire « du boulevard Bustin a I'avenue Eldersley », et que la proposition presentee par Godfrey Associates Ltd. relative aux services d'ingenierie (gestion de la conception et de la construction) pour Ies travaux de refection de la chaussee du chemin Latimore Lake soit acceptee, et que le maire et la greffiere communale soient autorises a signer la documentation pertinente a cet egard. 5.24 Voir le point 14.1 5.25 Que, comme le recommande le directeur general par interim, Iesfrais additionnels engendres par I'octroi d'un delai supplementaire et la fourniture davantage de materiel pour permettre I'achevement des travaux de refection des escaliers de la place Market Square, representant la somme totale de 17 018,18 $ (TVH en sus), soient approuves par le conseil communal. 5.26 Que la demande soumise par la Commission de la capitale provinciale du Nouveau - Brunswick visant a faire une presentation concernant le projet de promenade des premiers ministres soit transmise a la greffiere pour qu'elle fixe une date de presentation. 5.27 Que le conseil communal fixe la date de I'audience publique au Iundi 26 octobre 2009, a 19 h, dans la salle du conseil, relativement a la demande de rezonage de The Church Army in Canada, Inc. (105, promenade Mountain View), et qu'il transmette la demande au Comite consultatif d'urbanisme aux fins de rapport et de recommandation. 5.28 Que la demande de financement budgetaire relative au Zoo Cherry Brook soit examinee au cours des prochaines discussions sur le budget. 5.29 RESOLU que la resolution suivante adoptee par le conseil communal le 18' jour d'aout 2008 : 14 94 -676 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 RESOLU que le proces- verbal de la reunion du conseil du 5 aout 2008, soit approuve » est par les presentes annulee. RESOLU que le proces- verbal de la seance du conseil communal du 5 aout 2008 soit adopte moyennant 1'execution de la modification suivante : Le maire invite les membres du public a exprimer Ieur appui quant a la modification proposee. Rick Turner, de Canterbury Developments Ltd., au nom du requerant, indique qu'il est generalement d'accord avec la recommandation du personnel, mais exprime ses inquietudes en ce qui concerne la condition 1c), selon Iaquelle le promoteur doit realiser une analyse technique du reseau d'aqueduc et d'egouts afin de determiner l'incidence de cet amenagement sur le reseau existant. M. Turner indique que des propositions anterieures d'amenagements beaucoup plus importants sur ce terrain ne se sont pas vu imposer une telle condition. Selon Iui, it est possible que le resultat de cette etude change l'orientation de I'amenagement. 11 ajoute que 1'entreprise est tout de meme prete a 1'effectuer. M. Turner explique que I'amenagement consiste en un projet de 52 Iogements dont quelques -uns seraient congus de fagon a titre accessibles aux personnes handicapees. 11 mentionne aussi que ce projet de 6 millions de dollars fournirait a la Ville une assiette fiscale considerable et grandement necessaire. M. Turner aborde certaines des preoccupations exprimees par les residents quant a la refection des rues du secteur, au stationnement, a I'amenagement de terrain, a I'amenagement paysager et a la preparation du terrain. 11 poursuit en indiquant qu'un nouveau produit appele Rock Cracks, Iequel reduit les vibrations d'explosions ressenties par les residents avoisinants, serait utilise. 11 mentionne egalement que la majeure partie du travail serait effectuee par architecture modulaire, ce qui reduirait les interruptions pour les residents. M. Turner repond aux questions des membres du conseil. John Rocca, president d'Ellerdale Investments, se prononce egalement en faveur de la proposition. 11 aborde de nombreuses questions soulevees par les membres du public. En reponse a une question sur le rezonage, le commissaire a l'urbanisme et developpement indique que le secteur en question est deja designe comme un secteur residentiel a haute densite et que I'on demande au conseil de prescrire des conditions raisonnables imposees par I'article 39. M. Forrest signale qu'au fur et a mesure que le projet avance dans la conception detaillee, des modifications pourraient titre requises. 11 mentionne que celles -ci releveraient du Comite consultatif d'urbanisme et ne seraient pas soumises au conseil aux fins d'adoption. » 5.30 Que le rapport presente du sondage de 2009 portant sur les terrains de jeu estivaux soit accepte a titre informatif. RESOLU que la recommandation formulee pour chacune des questions soumises a I'approbation du conseil, a 1'exclusion des points 5.8, Etablissement de postes permanents et 5.24, Conseil d'amenagement du patrimoine de Saint John : rue Wellington, qui ont ete selectionnes aux fins de discussion, soit adoptee. A I'issue du vote, la proposition est adoptee 6. Members Comments 6. Commentaires presentes par les membres 10. Consideration of By -laws 10.1(a) Third Reading Zoning By -Law Amendment 70 Gault Road 10.1(b) Section 39 Conditions On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "By -law Number CP 110 -119, A Law to Amend the Zoning By -Law of The City of Saint John ", re- zoning a parcel of land with an area of approximately 2510 square metres, located at 70 15 94 -677 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 Gault Road, also identified as PID number 00423665, from "RF" Rural to "IL -1 ", Neighbourhood Institutional, be read. Question being taken, the motion was carried The by -law entitled, "By -law Number CP 110 -119, A Law to Amend the Zoning By -law of The City of Saint John ", was read in its entirety. On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of a parcel of land with an area of approximately 2510 square metres, located at 70 Gault Road, also identified as PID number 00423665 be subject to the following conditions: a. The development be in accordance with a detailed site plan, prepared by the applicant and subject to the approval of the Development Officer. The site plan should illustrate the location of all buildings, structures, parking areas, driveways, signs, landscaping, perimeter fencing and other site features. Question being taken, the motion was carried On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number CP 110 -119, A Law to Amend the Zoning By -Law of The City of Saint John ", re- zoning a parcel of land with an area of approximately 2510 square metres, located at 70 Gault Road, also identified as PID number 00423665, from "RF" Rural to "IL -1 ", Neighbourhood Institutional, be read a third time, enacted, and the Corporate Common Seal affixed thereto.. Question being taken, the motion was carried Read a third time by title, the by -law entitled, "By -law Number CP 110 -119, A Law to Amend the Zoning By -law of The City of Saint John ". 10. Etude des arretes municipaux 10.1a) Troisieme lecture du projet de modification de I'arrete de zonage visant le 70, chemin Gault 10.1 b) Conditions imposees par I'article 39 Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete n° 110 -119 modifiant I'Arrete de zonage de The City of Saint John », visant a rezoner une parcelle de terrain d'une superficie approximative de 2 510 metres carres, situee au 70, chemin Gault et inscrite sous le NID 00423665, afin de faire passer la classification s'y rapportant de zone rurale « RF » a zone de quartier a vocation collective « IL -1 », fasse ('objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule « Arrete n° C.P. 110 -119 modifiant I'Arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU qu'en vertu des conditions prevues a I'article 39 de la Loi surl'urbanisme, le rezonage propose d'une parcelle de terrain d'une superficie d'environ 2 510 metres carres, situee au 70, chemin Gault et portant le NID 00423665, soit assujetti aux conditions suivantes : b. L'amenagement doit titre conforme au plan de situation detaille prepare par le requerant et sujet a I'approbation de I'agent d'amenagement. Le plan de situation doit indiquer 1'emplacement de tous les batiments et de toutes les constructions, les aires de stationnement, les voies d'acces, les affiches, les espaces paysagers, la cloture de perimetre et les autres caracteristiques de 16 94 -678 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 1'emplacement. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete no 110 -119 modifiant I'Arrete de zonage de The City of Saint John », visant a rezoner une parcelle de terrain d'une superficie approximative de 2 510 metres carres, situee au 70, chemin Gault et inscrite sous le NID 00423665, afin de faire passer la classification s'y rapportant de zone rurale « RF » a zone de quartier a vocation collective « IL -1 », fasse ('objet d'une troisieme lecture, que (edit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule «Arrete no C.P. 110 -119 modifiant I'Arrete de zonage de The City of Saint John ». 12. Business Matters - Municipal Officers 12.1 Acting City Manager: Derelict Buildings — Recent Discussions with Province of New Brunswick On motion of CouncillorTitus Seconded by Councillor McGuire RESOLVED that the Acting City Manager provide an update to Council with respect to the submitted report entitled Derelict Buildings — Recent Discussions with Province of New Brunswick. Referring to a submitted report, A. Poffenroth, updated Council with respect to recent discussions that were held between the Province of New Brunswick and City staff regarding vacant and derelict buildings. Question being taken, the motion was carried. On motion of CouncillorTitus Seconded by Councillor McGuire RESOLVED that the submitted report entitled Derelict Buildings — Recent Discussions with Province of New Brunswick. be received for information. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general par interim : Batiments abandonnes — discussions recentes avec le gouvernement du Nouveau - Brunswick Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le directeur general par interim fasse le point aupres du conseil sur le rapport presente concernant les discussions recentes avec le gouvernement du Nouveau - Brunswick relativement a la question des batiments abandonnes. Faisant reference a un rapport depose anterieurement, A. Poffenroth informe le conseil des recentes discussions qui ont eu lieu entre le gouvernement du Nouveau - Brunswick et le personnel de la Ville au sujet des batiments vacants et abandonnes. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le rapport soumis concernant les discussions recentes avec le gouvernement du Nouveau - Brunswick au sujet des batiments abandonnes soit accepte a titre informatif. 17 94 -679 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 A ('issue du vote, la proposition est adoptee. 12.2 Acting City Manager: Watershed Land Sale / Exchange Policy On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Common Council adopt a policy to support the practice of selling or exchanging watershed lands owned by the City which lie outside of the watershed limits for the purpose of acquiring sensitive lands within the watershed limits or alternately generating revenues earmarked to assist Saint John Water in the acquisition of lands within the watershed limits. Question being taken, the motion was carried. 12.2 Directeur general par interim : Vente de bien -fonds relative au bassin hydrographique /politique d'echange Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le conseil communal adopte une politique visant a appuyer les pratiques en matiere de vente et d'echange des terrains relatifs au bassin versant appartenant a la Ville, mais qui se trouvent en dehors de la limite du bassin versant, et ce, dans le but d'acquerir des terres fragiles a I'interieur des limites dudit bassin, ou bien de generer des revenus qui seront destines a aider Saint John Water a acquerir des terrains situes dans cette limite. A ('issue du vote, la proposition est adoptee. 12.3 Acting City Manager: Saint John Harbour Clean -Up Program On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that Common Council endorse the measures identified in this report to manage the projected $19,600,000 of additional costs to the Harbour Clean -Up Program based on the updated project estimates, and further that Council direct staff to prepare a letter for signature by the Mayor requesting additional funding from the Federal Government in the amount of $2,500,000. Question being taken, the motion was carried. 12.3 Directeur general par interim : Programme relatif aux travaux de nettoyage du port de Saint John Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que le conseil communal valide les mesures contenues dans le present rapport en vue de provisionner les frais supplementaires associes aux travaux de nettoyage du port de Saint John, dont le montant s'eleve a 19 600 000 $ d'apres les nouvelles estimations fournies par ledit rapport, et qu'il charge le personnel de preparer une lettre aux fins de signature par le maire. Cette lettre visera a obtenir une enveloppe supplementaire de 2 500 000 $ de la part du gouvernement federal. A ('issue du vote, la proposition est adoptee. 8. Delegations /Presentations 8. Delegations et presentations 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment 143 Union Street 9.1(b) Planning Advisory Committee Recommending Rezoning Amendments with Section 39 Conditions. 11111 94 -680 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of the The City of Saint John, by re- zoning a parcel of land with an area of approximately 280 square metres, located at 143 Union Street, also identified as PID No. 00037291, from `B -3" Central Business to "SZ -10" Special Zone #10, to permit a lounge in the existing building. Consideration was also given to a report from the planning Advisory Committee submitting a copy of Planning Staff's report considered at its September 22nd, 2009 meeting at which time the Committee recommended the rezoning of a parcel of land at 143 Union Street as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re- zoning with no one presenting. The Mayor called for members of the public to speak in favor of the re- zoning with Blake Armstrong, the applicant, stating that he was in agreement with the staff recommendations. On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", by re- zoning a parcel of land with an area of approximately 280 square metres, located at 143 Union Street, also identified as PID No. 00037291, from "B -3" Central Business to "SZ -10" Special Zone #10, be read a first time. Question being taken, the motion was carried with Councillor Higgins voting nay. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of the City of Saint John ". On motion of Councillor Farren Seconded by Councilor Sullivan RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", by re- zoning a parcel of land with an area of approximately 280 square metres, located at 143 Union Street, also identified as PID No. 00037291, from "B -3" Central Business to "SZ -10" Special Zone #10, be read a second time. Question being taken, the motion was carried with Councillor Higgins voting nay. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ". On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the Acting City Manager be directed to submit a report to Council outlining the possibility of establishing a cash -in- lieu parking program whereby a developer would contribute funding towards future parking development as opposed to the current practice of granting parking variances for certain development projects. Question being taken, the motion was carried. 9. Audiences publiques a 19 h 9.1a) Projet de modification de I'arrete de zonage visant le 143, rue Union 9.1 b) Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par I'article 39. La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 280 metres carres situee au 143, rue Union et portant le NID 00037291 afin de faire passer la classification s'y rapportant de zone commerciale centrale « B -3 » a zone speciale n° 10, « SZ -10 » afin de permettre 1'exploitation d'un bar -salon dans le batiment existant. 19 94 -681 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 22 septembre 2009, pendant laquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 143, rue Union, telle qu'elle est decrite ci- dessus, sous reserve des conditions imposees par I'article 39. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant au rezonage. Le requerant, M. Blake Armstrong, indique qu'il est d'accord avec les recommandations du personnel. Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » en modifiant le zonage d'une parcelle de terrain d'une superficie d'environ 280 metres carres, situee au 143, rue Union et portant le NID 00037291, en vue de la faire passer de zone commerciale centrale « B -3 » a zone speciale n° 10, « SZ -10 », fasse I'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Premiere lecture par titre de I'arrete intitule «Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » en modifiant le zonage d'une parcelle de terrain d'une superficie d'environ 280 metres carres, situee au 143, rue Union et portant le NID 00037291, en vue de la faire passer de zone commerciale centrale « B -3 » a zone speciale n° 10, « SZ -10 », fasse I'objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le directeur general par interim soit charge de presenter un rapport au conseil faisant etat de la possibilite d'elaborer un programme de compensation monetaire relativement aux services de stationnement. Ce programme viserait a ce que le promoteur participe au financement des futurs projets d'amenagement d'aires de stationnement, plut6t que de recourir a la methode actuelle qui consiste a obtenir une derogation au reglement de stationnement pour certains projets d'amenagement. A I'issue du vote, la proposition est adoptee. 9.2(a) Proposed Zoning By -Law Amendment 1161 Westfield Road 9.2(b) Planning Advisory Committee Recommending Proposed By -Law Amendment be denied. The Common Clerk advised that the necessary advertising was completed with regard to amending Schedule "A ", the Zoning Map of the The City of Saint John, by adding "SZ- 26, special zones" to the list of zones in Section 30(1); by adding "special Zone #26" as Section 740(26); and by re- zoning a parcel of land with an area of approximately 1.6 hectares, located at 1161 Westfield Road, also identified as PID No. 55099501, from 1- 1" Light Industrial to "SZ -26" Special Zone #26, to permit three dwelling units within the existing industrial building. Consideration was also given to a report from the planning Advisory Committee submitting a copy of Planning Staff's report considered at its September 22nd, 2009 20 94 -682 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 meeting at which time the Committee recommended that the proposed Zoning By -Law Amendment be denied. The Mayor called for members of the public to speak against the re- zoning with no one appearing. The Mayor called for members of the public to speak in favor of the re- zoning with Mel Clark of Bear Holdings Inc, the applicant, stating that he did not agree with the staff recommendation to deny the rezoning request. Mr. Clark noted that the building in question presently has two tenant occupied apartments and he stated that he was not aware that a rezoning was required in order to allow him to rent the apartments. Mr. John Johnson appeared on behalf of the applicant and stated that he was in favour of the proposed re- zoning. He noted that neighbours were also in agreement with the proposed development. Mr. Johnson indicated that given the current zoning of the building, the applicant could choose to build a motel which, he stated, would cause much more traffic in the area than the present two apartments. On motion of Councillor Court Seconded by Councillor Higgins RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", by adding "SZ -26, special zones" to the list of zones in Section 30(1) and "special Zone #26" as Section 740(26); and by re- zoning a parcel of land with an area of approximately 1.6 hectares, located at 1161 Westfield Road, also identified as PID No. 55099501, from "1 -1" Light Industrial to "SZ- 26" Special Zone #26, be denied. Question being taken, the motion was carried 9.2a) Projet de modification de I'arrete de zonage visant le 1161, chemin Westfield 9.2b) Comite consultatif d'urbanisme recommandant le rejet de la modification de I'arrete de zonage proposee. La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle d'une superficie d'environ 1,6 hectare situee au 1161, chemin Westfield, inscrite sous le NID 55099501, en ajoutant << zone speciale n° 26 » a la liste des zones dressee au paragraphe 30(1), en ajoutant « zone speciale 26 » sous le paragraphe 740(26) afin de faire passer la classification s'y rapportant de zone d'industrie Iegere « 1 -1 » a zone speciale n° 26 « SZ -26 » pour permettre la construction de trois Iogements a l'interieur du batiment industriel existant. Examen d'un rapport presente par le Comite consultatif d'urbanisme accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 22 septembre 2009 au cours de laquelle le Comite a recommande que le projet de modification de I'arrete de zonage soit refuse. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant au rezonage. Mel Clark, de Bear Holdings Inc., le requerant, indique qu'il n'est pas d'accord avec la recommandation du personnel de refuser la demande. M. Clark souligne que ledit batiment compte presentement deux Iogements occupes par des locataires et precise qu'il ignorait qu'il fallait proceder a une modification du zonage pour pouvoir louer ces deux Iogements. M. John Johnson, au nom du requerant, prend la parole et se prononce en faveur du projet de rezonage. II poursuit en indiquant que les voisins approuvent egalement le projet d'amenagement. M. Johnson souligne que, compte tenu de la designation actuelle du batiment, le requerant aurait la possibilite de faire construire un h6tel, ce qui attirerait plus de monde que les deux Iogements actuels. Proposition du conseiller Court Appuyee par la conseillere Higgins RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » visant le rezonage d'une parcelle d'une 21 94 -683 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 superficie d'environ 1,6 hectare situ 6e au 1161, chemin Westfield, inscrite sous le NID 55099501, en ajoutant << zone speciale SZ -26» a la liste de zones enumerees a I'article 30(1), en ajoutant « zone speciale 26 » sous le paragraphe 740(26) afin de faire passer la classification s'y rapportant de zone d'industrie Iegere « 1 -1 » a zone speciale no 26 « SZ -26 » soit reiete. A ('issue du vote, la proposition est adoptee. 9.3(a) Proposed Section 39 Amendment 400 Main St. (Place 400) — 30 Chesley Dr. 9.3(b) Planning Advisory Committee Recommending Section 39 Amendments The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 39 amendments amending the Section 39 conditions imposed on the July 3, 1973 rezoning of the property located at 400 Main Street, also identified as PID Number 55006027, to permit new fascia and freestanding signage and to adopt the sign standards of the `B -2" General Business Zone with no written objections received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its September 22nd , 2009 meeting at which the Committee recommended the amendment of the existing Section 39 conditions. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favor of the proposed amendment with Rick Waters, the applicant, stating that he was in agreement with the staff recommendation. On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that Common Council amend the Section 39 conditions imposed on the July 3, 1973 rezoning of the property located at 400 Main Street, also identified as PID Number 55006027 and 00426163 by: 1. Permitting changes to the exterior signage as well as the installation of an exterior lighting treatment, as generally illustrated on the submitted drawings; and 2. Adopting the `B -2" General Business standards for any future signage. Question being taken, the motion was carried. 9.3a) Projet de modification conformement aux conditions imposees par I'article 39 visant la rue Main, du no 400 jusqu'au 30, promenade Chelsey 9.3b) Recommandations du Comite consultatif d'urbanisme visant a modifier I'article 39 La greffiere communale indique que les avis requis ont ete publies en ce qui a trait a la modification proposee en vertu de I'article 39, modifiant les conditions imposees le 3 juillet 1973 relativement au rezonage de la propriete situee au 400, rue Main, inscrite sous le NID 55006027, afin d'autoriser ('utilisation d'un nouveau mode d'affichage independant et d'adopter les normes en matiere d'affichage en vigueur pour la zone commerciale generale « B -2 », et qu'aucune objection ecrite n'a ete reque. Un examen a egalement ete effectue concernant un rapport presente par le Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport redige par le personnel du Service d'urbanisme, qui a fait ('objet d'un examen lors de la seance du 22 septembre 2009 au cours de laquelle le Comite a choisi de recommander la modification des conditions en vigueur a 1'heure actuelle en vertu de I'article 39. Le maire invite le public a exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant a la modification proposee. Rick Waters, le requerant, se prononce en faveur de la recommandation du personnel. 22 94 -684 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le conseil communal procede a la modification des conditions imposees par I'article 39 le 3 juillet 1973, relativement au rezonage de la propriete situee au 400, rue Main et portant Ies NID 55006027 et 00426163, comme suit: 3. En autorisant que des modifications soient apportees aux panneaux d'affichage situes a I'exterieur et en permettant I'amenagement d'un dispositif d'eclairage exterieur, comme le montre de maniere generale le croquis presente; 4. en adoptant Ies normes d'affichage de la zone commerciale generale « B -2 » pour toute signalisation future. A I'issue du vote, la proposition est adoptee. 9.4(a,b) Proposed Municipal Plan & Zoning By -Law Amendments Respecting Waterfront District 9.4(c) Planning Advisory Committee Recommending Municipal Plan and Rezoning Amendments The Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan and Re- zoning amendments which would Amend Part Two of the Municipal Development Plan (Land Use) by adding subsection 2.4.13 — Policies Respecting the Waterfront District, and by adding Schedule 2 -D: Waterfront District; and amend the City of Saint John Zoning by -law, to incorporate the policies of the Saint John Inner Harbour Land Use Plan into Part Two of the Municipal Development Plan, and to incorporate and "ID -W" Integrated Development — Waterfront zone into the Zoning By- law. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its September 15th, 2009 meeting at which the Committee recommended approval as set out in the staff recommendation, to amend the Municipal Development Plan and Zoning By -law as described above. The Mayor called for members of the public to speak against the re- zoning with Patrick Riley, representing ILA Local 273, presenting. Mr. Riley indicated that the ILA membership includes 103 union members, 30 non -union members, and 100 other members. He stated that he is also speaking for the approximately 4000 people who derive an economic benefit from the Port. Mr. Riley stated that a primary concern of the ILA is the loss of cargo handling capability that was available at the Long Wharf site; he noted that cargo ships contribute $46,000,000 in direct spending each year to the local economy. Mr. Riley explained he has a concern with the process that has been followed with the proposed amendments respecting the waterfront district and he remarked that the "cart has been put before the horse ". He continued by explaining that the value of the Lantic Sugar property is not known at this time and that it would not be known until it is determined who will be accepting liability for the environmental state of the site. He stated that it is not presently known to what extent the site is contaminated with chemicals and he stated that the site should be fully remediated. Mr. Riley indicated that the two parcels of land should be of comparative market value. The Mayor called for members of the public to speak in favor of the re- zoning with Charlie Swanton, Chair of Saint John Waterfront Development, stating that Waterfront development agrees with the staff report and recommendations. Peter Asimakos, General Manager of Uptown Saint John, stated that he is supportive of the proposed municipal plan and zoning by -law amendments as it will lead to further development on the waterfront and lead to an increase in community vitality. Captain Soppitt, President and CEO of the Saint John Port Authority, stated that the Port Authority is supportive of the proposed amendments as they are based on the Inner Harbour Land Use Plan. 23 94 -685 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 On motion of Councillor Titus Seconded by Councillor Court RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" amending Part Two: Land Use by adding subsection 2.4.13, "Policies Respecting the Waterfront District ", be read a first time. Question being taken, the motion was carried with Councillor Higgins voting nay. Read a first time by title, the by -law entitled "A Law to Amend the Municipal Plan By- Law". On motion of Councillor Titus Seconded by Councilor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" amending Part Two: Land Use by adding subsection 2.4.13, "Policies Respecting the Waterfront District ", be read a second time. Question being taken, the motion was carried with Councillor Higgins voting nay. Read a second time by title, the by -law entitled, "A Law to Amend the Municipal Plan By- Law ". On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", by adding "integrated development — waterfront ID -W" to the list of zones in Section 30(1); and by adding "Integrated Development — Waterfront (ID -W) as Section 715, be read a first time. Question being taken, the motion was carried with Councillor Higgins voting nay. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of the City of Saint John ". On motion of Councillor Sullivan Seconded by Councilor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", by adding "integrated development — waterfront ID -W" to the list of zones in Section 30(1); and by adding "Integrated Development — Waterfront (ID -W) as Section 715, be read a second time. Question being taken, the motion was carried with Councillor Higgins voting nay Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ". 9.4a)b) Projet de modification du plan municipal et de I'arrete de zonage visant le district du secteur riverain 9.4c) Comite consultatif d'urbanisme recommandant les modifications relatives au plan municipal et au rezonage La greffiere communale indique que les avis requis ont ete publies relativement au projet de modification du plan municipal et de rezonage modifiant la partie deux, usage du terrain, par I'ajout du paragraphe 2.4.13, « politiques sur le district du secteur riverain », et par I'ajout de I'annexe 2 -D, district du secteur riverain, afin de permettre ('inclusion des politiques du Plan d'amenagement du territoire de I'arriere -port de Saint John dans la partie deux du plan d'amenagement municipal et ('inclusion de la zone de developpement integre — secteur riverain « ID -W » dans I'Arrete de zonage de The City of Saint John. Le conseil a egalement examine un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 15 septembre 2009, a laquelle le comite a recommande I'approbation, telle qu'elle est soulignee dans le rapport du personnel, voulant que le 24 94 -686 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 conseil communal procede a la modification du plan de developpement municipal et de 1'arrete de zonage conformement a ce qui est enonce ci- dessus. Le maire invite le public a se prononcer contre le rezonage. Patrick Riley, representant de I'Association internationale des debardeurs, section locale 273, prend la parole. M. Riley declare que I'Association internationale des debardeurs comprend 103 membres syndiques, 30 membres non syndiques et 100 autres membres. 11 declare parler au nom des quelque 4 000 personnes qui tirent un avantage economique du port. M. Riley declare que la principale preoccupation de I'Association internationale des debardeurs reside dans la perte d'activite procuree par la zone du quai Long. A ce sujet, it souligne que Ies navires de charge representent chaque annee 46 000 000 $ de paiements directs. M. Riley exprime ses preoccupations quant au processus qui a ete mis en place dans le cadre du projet de modification du district du secteur riverain et it fait remarquer que l'on met la charrue avant Ies boeufs ». 11 poursuit en precisant que l'on ne connait toujours pas la valeur de la propriete de Sucre Lantic a ce jour et qu'il en sera ainsi tant que l'on n'aura pas defini Ies responsabilites relativement a la situation environnementale qui regne sur le site. 11 declare que l'on ne connaft pas pour l'instant I'ampleur de la contamination du site par des composes chimiques. Par consequent, it faudrait proceder a la depollution complete du site. M. Riley souligne que la valeur marchande des deux parcelles de terrain devrait titre equivalente. Le maire invite le public a se prononcer en faveur du rezonage et Charlie Swanton, president de Partenariat d'amenagement du secteur riverain de Saint John, declare que sa societe est d'accord avec le rapport et la recommandation du personnel. Peter Asimakos, directeur general d'Uptown Saint John, declare qu'il appuie entierement Ies modifications proposees au plan municipal et a 1'arrete sur le zonage, car elles permettront de mettre en place davantage de projets d'amenagement et d'accroitre le dynamisme de la collectivite. Le capitaine Soppitt, president - directeur general de I'Administration portuaire de Saint John, se prononce en faveur des modifications proposees du fait qu'elles proviennent du Plan d'amenagement du territoire de I'arriere -port de Saint John. Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal » visant a modifier la partie deux, usage du terrain, par l'ajout du paragraphe 2.4.13, « politiques sur le district du secteur riverain » fasse l'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal » visant a modifier la partie deux, usage du terrain, par l'ajout du paragraphe 2.4.13, « politiques sur le district du secteur riverain » fasse l'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », par l'ajout d'une « zone de developpement integre — secteur riverain "ID -W" » a la Iiste des zones inscrites au 25 94 -687 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 paragraphe 30 1); et par I'ajout d'une « zone de developpement integre — secteur riverain "ID -W" » en tant qu'article 715, fasse ('objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Premiere lecture par titre de I'arrete intitule «Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », par I'ajout d'une « zone de developpement integre — secteur riverain "ID -W" » a la Iiste des zones inscrite au paragraphe 30 1); et par I'ajout d'une « zone de developpement integre — secteur riverain "ID -W" » en tant qu'article 715, fasse ('objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». 9.5(a,b) Proposed Municipal Plan & Zoning By -Law Amendments 100 Long Wharf 9.5(c) Planning Advisory Committee Recommending Municipal Plan and Rezoning Amendments with Section 39 Conditions The Common Clerk advised that the necessary advertising was completed with regard to the proposed Municipal Plan and Re- zoning amendments for a parcel of land located at 100 Long Wharf, having an area of approximately 1.2 hectares (3 acres), also identified as a portion of PID number 55151351 by redesignating on Schedule 2 -A of the Municipal Development Plan, from Transportation to Waterfront District; and Rezoning the same parcel of land from 1 -1" Light Industrial and unzoned land to "ID -W" Integrated Development — Waterfront, to permit a mixed use development at Long Wharf. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its September 15th, 2009 meeting at which the Committee recommended approval to amend the Municipal Plan and re -zone a parcel of land located at 100 Long Wharf as described above with Section 39 conditions. The Mayor called for members of the public to speak against the Municipal Plan Amendment with Stephen Cronk expressing concerns regarding the additional sewage that would be discharged into the harbor from the development. He noted that he was not opposed to the application, but had concerns regarding the current sewage treatment plants and their capacity to treat any additional sewage. Mr. Cronk noted that sewage treatment facilities should be in place prior to occupancy of this development. Patrick Riley, representing ILA Local 273, stated that the ILA opposes the by -law amendment and the proposed project itself. He noted that a core objection of the ILA is that the "cart is before the horse" and he questioned how Council could pass by -law amendments without knowing the size on the proposed building. Mr. Riley noted that the proposed Irving building on Long Wharf will contain market based retail space and he questioned who would be receiving the revenue from this. Mr. Riley stated that the Chair of the Planning Advisory had indicated that there have been variances permitted for this proposed project that have not been permitted in the past. Mr. Riley questioned how the City of Saint John was involved in allowing the Irving building to proceed and whether Irving has paid the City the proper amount in building permit fees. John McDade, President of the Saint John Community Harbour Authority, expressed concerns with the potential loss of space for fishing vessels with the development of Long Wharf. He stated that he is seeking assurances from Council that fishing activities can continue at Long Wharf until such time as permanent facility within Saint John Harbour is identified and constructed for the commercial fishing fleet and other 26 94 -688 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 stakeholders. He also requested that Council provide a letter of support to the Saint John Community Harbour Authority. The Mayor called for members of the public to speak in favor of the Municipal Plan Amendment with Captain Soppitt, President and CEO of the Saint John Port Authority, stating that the proposed development is a positive and exciting project for the City of Saint John. He indicated that the Port Authority would gain an attractive Cruise ship facility, a steady annual revenue stream from a 99 year lease, and a more attractive space to greet cruise ship passengers. He stated that it was strategically important to concentrate the cruise ship industry in the Pugsley Wharf area and for the shipment of goods to move away from the uptown area. Warren Long, Program Director- Long Wharf Project, and Graham Wyatt, Robert A.M. Stern Architects, spoke on behalf of the applicant, Irving Oil. Mr. Long indicated that he was in agreement with the submitted report and recommendation. Mr. Wyatt presented a series of photos of the proposed buildings and he responded to questions from Council. Bill McMackin, President of Waterfront Development, stated that he was supportive of the proposed development and that he agreed with the staff report and recommendations. He stated that the Waterfront Board of Directors has been trying to assist in any way possible to see this project move forward. He noted that the proposed project meets and exceeds the land use plans as specified in the Inner Harbour Land use plan. Cathy Craig, Chair of Saint John Board of Trade, stated that the proposed development could become an iconic building for Saint John. She noted that this development could revitalize the area, create jobs, improve green -space and send a positive message to potential investors. Steve Carson, CEO of Enterprise Saint John, stated that head offices such as the proposed Irving headquarters on Long Wharf are considered the crown jewels of economic and community development. He stated that the social, cultural and economic spin offs from head offices are unprecedented in terms of any other economic development projects. He noted that Saint John was in a unique situation in terms of the level of development that Irving is proposing for the Long Wharf site. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the meeting time be extended beyond 10:00 p.m. as provided for in the Procedural By -law. Question being taken, the motion was carried Peter Asimakos, General Manager of Uptown Saint John, stated that Uptown Saint John is fully supportive of this project and he noting that this will likely be one of the best projects of its kind to be built in Canada. He stated that keeping people in the uptown area will keep it vibrant. The Mayor requested that the Commissioner of Planning and Development respond to the questions posed earlier in the Public Hearing by Mr. Pat Riley. Responding to Mr. Riley's question as to how the Planning department rezones a property without knowing the exact boundaries of the property or the area that will be subject to the rezoning, Mr. Forrest stated that the by -law specifically deals with the dimensions of a piece of property. He noted that the dimensions of the Long Wharf property are identified in all of the documentation appearing in Council's agenda packet. He stated that if there were any changes made to the property description would require another rezoning and redrafting of the development agreement. Mr. Forrest indicated that he is not able to answer the question regarding who will receive the revenue from any retail space appearing in the proposed Irving building. He noted that staff did encourage the development of a retail space in order to provide further reasons for the public to visit the site and to use the public spaces surrounding the building. 27 94 -689 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 Responding to a question regarding variances that were granted for the building which have not been done so in the past, Mr. Forrest noted that there are no zone standards for the proposed development and that no variances have been granted by the Planning Advisory Committee. He indicated that the development would be governed by Section 39 and Section 101 development agreements and he explained that 68 conditions have been identified for this property. Addressing a question with respect to why the construction has commenced on the Long Wharf site, Mr. Forrest explained that a building permit has been issued to the developer. He noted that the property is currently situated in the Light Industrial Zone and he explained that offices are a permitted use in this type of zone. Mr. Forrest stated that the building permit that has been issued thus far is for work that is permitted to take place in the current zoning designation of the property. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the September 28, 2009 Common Council meeting reconvene at 5:00 p.m. on September 29, 2009. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" by re- designating on Schedule 2 -A of the Municipal Development Plan, from Transportation to Waterfront District; a parcel of land with an area of approximately 1.2 hectares, located at 100 Long Wharf, also identified as a portion of PID No. 55151351, be read a first time. Question being taken, the motion was carried with Councillor Higgins voting nay. Read a first time by title, the by -law entitled "A Law to Amend the Municipal Plan By- Law". On motion of Councillor Titus Seconded by Councilor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -Law" by redesignating on Schedule 2 -A of the Municipal Development Plan, from Transportation to Waterfront District; a parcel of land with an area of approximately 1.2 hectares, located at 100 Long Wharf, also identified as a portion of PID No. 55151351,be read a second time. Question being taken, the motion was carried with Councillor Higgins voting nay. Read a second time by title, the by -law entitled, "A Law to Amend the Municipal Plan By- Law ". On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending schedule "A ", the zoning map of The City of Saint John, by re- zoning a parcel of land located at 100 Long Wharf, having an area of approximately 1.2 hectares, also identified as a portion of PID number 55151351 from 1 -1" Light Industrial and unzoned area to "ID -W" Integrated Development - Waterfront, be read a first time. Question being taken, the motion was carried with Councillor Higgins voting nay. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of the City of Saint John ". On motion of Councillor Titus Seconded by Councilor McGuire RESOLVED that the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ", amending schedule "A ", the 28 94 -690 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 zoning map of The City of Saint John, by re- zoning a parcel of land located at 100 Long Wharf, having an area of approximately 1.2 hectares, also identified as a portion of PID number 55151351 from "1 -1" Light Industrial and unzoned area to "ID -W" Integrated Development - Waterfront, be read a second time. Question being taken, the motion was carried with Councillor Higgins voting nay. Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -Law of The City of Saint John ". On motion of Councillor Farren Seconded by Councilor McGuire RESOLVED that Council write a letter of support for the Saint John Community Harbour Authority in their efforts to secure a new location for a small craft facility. Question being taken, the motion was carried 9.5a)b) Projet de modification du plan municipal et de I'arrete de zonage visant le 100, quaff Long 9.5c) Comite consultatif d'urbanisme recommandant les modifications relatives au plan municipal et au rezonage conformement aux conditions imposees par I'article 39 La greffiere communale indique que les avis requis ont ete publies relativement au projet de modification du plan municipal et de rezonage d'une parcelle de terrain situee au 100, quai Long d'une superficie d'environ 1,2 hectare (3 acres) et portant en partie le NID 55151351 afin de faire passer la designation a I'annexe 2 -A du plan d'amenagement, de zone de transport a district du secteur riverain; en faisant passer le terrain de zone d'industrie Iegere et secteur non zone « 1 -1 » a zone de developpement integre — secteur riverain « ID -W », afin de permettre un usage mixte du quai Long. Examen d'un rapport presente par le Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport redige par le personnel du Service d'urbanisme, qui ont fait ('objet d'un examen lors de la seance du 15 septembre 2009 au cours de laquelle le Comite a choisi de recommander I'approbation de la modification du plan municipal et le rezonage de la parcelle de terrain situee au 100, quai Long, tels qu'ils sont decrits ci- dessus, sous reserve des conditions imposees par I'article 39. Le maire invite le public a se prononcer contre la modification du plan municipal. Stephen Cronk exprime ses inquietudes quant au volume supplementaire d'eaux usees susceptibles d'etre deversees dans le port dans le cadre de ce projet d'amenagement. II declare qu'il n'est pas oppose a sa mise en oeuvre, mais que ses inquietudes portent sur les usines de traitement des eaux usees actuelles et sur leur capacite a en traiter davantage. M. Cronk declare que des installations de traitement des eaux usees devraient titre mises en place avant le lancement du projet d'amenagement. Patrick Riley, representant de I'Association internationale des debardeurs, section locale 273, declare que I'Association internationale des debardeurs s'oppose a la modification de I'arrete et au projet propose en lui -meme. II declare que I'une des objections principales de I'Association internationale des debardeurs est le fait que « I'on mette la charrue avant les boeufs », car elle s'interroge sur la capacite du conseil a voter la modification de I'arrete sans connaitre la taille du batiment propose. M. Riley declare que le batiment d'Irving propose sur le quai Long renfermera un espace de vente au detail commerciale et s'interroge sur la nature de I'entite susceptible de percevoir les revenus generes par cette activite. M. Riley declare que le president du Comite consultatif d'urbanisme a indique que le projet propose a beneficie de derogations qui n'etaient pas permises par le passe. M. Riley se demande jusqu'ou va la responsabilite de The City of Saint John dans I'autorisation de la poursuite du projet du batiment Irving et si Irving a paye a la Ville le montant des frais appropries relatifs au permis de construire. John McDade, president de la Saint John Community Harbour Authority, exprime ses inquietudes quant a la diminution potentielle de 1'espace alloue aux bateaux de peche 29 94 -691 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 avec ce projet d'amenagement du quai Long. II declare qu'il souhaite obtenir I'assurance du conseil que les activites liees a la peche demeureront au quai Long jusqu'a ce que des installations permanentes destinees a la flotte de peche commerciale et aux autres parties concernees soient construites au sein du port de Saint John. 11 souhaite egalement que le conseil fournisse une Iettre d'appui a la Saint John Community Harbour Authority. Le maire invite les membres du public a exprimer leur appui quant a la modification du plan municipal. Le capitaine Soppitt, president et president - directeur general de I'Administration portuaire de Saint John indique que I'amenagement propose represente un projet positif et des plus excitants pour The City of Saint John. II indique que, grace a ce projet, I'Administration portuaire beneficierait d'installations attrayantes pour accueillir les navires de croisiere, d'une source de revenus reguliers garantis par un bail de 99 ans et d'un espace beaucoup plus attrayant pour accueillir les passagers des navires de croisiere. II declare que d'un point de vue strategique, it est important de concentrer les activites relevant du l'industrie des croisieres touristiques autour du quai Pugsley et de deplacer les activites liees au transport de marchandises hors du centre - ville. Warren Long, directeur de programme du projet du quai Long, et Graham Wyatt, de Robert A.M. Stern Architects, s'expriment au nom du demandeur, Irving Oil. M. Long indique qu'il est d'accord avec la recommandation et le rapport soumis. M. Wyatt presente une serie de photos des batiments proposes et repond aux questions du conseil. Bill McMackin, president de I'amenagement du secteur riverain, indique qu'il appuie I'amenagement propose et qu'il est d'accord avec les recommandations et le rapport du personnel. II indique que le conseil d'administration du secteur riverain fait tout ce qui est en son pouvoir pour aider les parties concernees et voir ce projet aboutir. II indique que le projet propose est conforme, sinon plus, aux exigences du plan d'utilisation des terres de I'arriere -port. Cathy Craig, la presidente de la Chambre de commerce de Saint John, indique que le batiment propose pourrait devenir un batiment emblematique de Saint John. Elle indique que ce projet pourrait redynamiser cette zone grace a la creation d'emplois et I'amenagement d'espaces verts, tout en envoyant un message positif aux investisseurs potentiels. Steve Carson, president - directeur general d'Enterprise Saint John, indique que les sieges sociaux, tels que celui du groupe Irving sur le quai Long, representent generalement des actifs attrayants du developpement economique et communautaire d'une region. II declare que les retombees socioculturelles et economiques liees a ('implantation de sieges sociaux sont sans precedent en termes de projets de developpement economique. II indique que Saint John se trouve dans une situation unique en ce qui a trait au niveau de developpement propose par Irving pour la zone du quai Long. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la reunion se prolonge au -dela de 22 h, conformement aux dispositions de I'arrete procedural. A I'issue du vote, la proposition est adoptee. Peter Asimakos, directeur general d'Uptown Saint John, declare qu'Uptown Saint John appuie entierement ce projet qui, selon lui, constituera probablement I'un des meilleurs projets de ce type jamais construits au Canada. II ajoute que le maintien de la population en centre -ville permettra de preserver le dynamisme de celui -ci. Le maire demande au commissaire a l'urbanisme et au developpement de repondre aux questions posees precedemment, lors de I'audience publique, par M. Pat Riley. En reponse a la question de M. Riley concernant les raisons pour lesquelles le Service d'urbanisme autorise le rezonage d'un terrain sans en connaitre les limites exactes ou de la zone sujette au rezonage, M. Forrest indique que I'arrete prend en compte, de maniere specifique, les dimensions du terrain. II ajoute que les dimensions du terrain sis au quai Long sont precisees dans tous les documents figurant au dossier a I'ordre du jour du conseil. II indique que toute modification apportee a la description du terrain 30 94 -692 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 entrainera la realisation d'un nouveau rezonage, ainsi que la redaction d'une nouvelle convention d'amenagement. M. Forrest indique qu'il nest pas en mesure de repondre a la question sur la nature de 1'entite susceptible de percevoir les revenus generes par toute activite de vente au detail pouvant avoir lieu dans le batiment. 11 indique egalement que Ies membres du personnel encouragent la mise en place d'un espace de vente au detail afin d'attirer davantage le public sur place pour qu'il utilise Ies espaces publics environnants. En reponse a la question concernant Ies derogations non permises par le passe accordees a ce projet, M. Forrest indique qu'aucune norme de zonage n'a ete definie pour le projet propose et qu'aucune derogation n'a ete accordee par le Comite consultatif d'urbanisme. II indique que I'amenagement sera regi par des conventions d'amenagement conformes aux articles 39 et 101, et explique que le projet propose satisfait aux 68 conditions. En reponse a une question portant sur Ies raisons pour lesquelles Ies travaux de construction ont deja commence sur le quai Long, M. Forrest explique qu'un permis de construire a ete delivre au promoteur. II indique egalement que le terrain est presentement situe dans une zone affectee a l'industrie legere et que ('installation de bureaux est permise dans ce type de zone. M. Forrest ajoute que le permis de construire a ete delivre pour Ies travaux de construction qui entrent dans le cadre de la designation de zonage actuelle du terrain. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la seance du conseil du 28 septembre 2009 soit rappelee le 29 septembre 2009, a 17 h. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal » afin de faire passer la designation a I'annexe 2 -A du plan d'amenagement, de zone de transport a district du secteur riverain, d'une parcelle de terrain situee au 100, quai Long d'une superficie d'environ 1,2 hectare et portant en partie le NID 55151351, fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal » afin de faire passer la designation a I'annexe 2 -A du plan d'amenagement, de zone de transport a district du secteur riverain, d'une parcelle de terrain situee au 100, quai Long d'une superficie d'environ 1,2 hectare et portant en partie le NID 55151351, fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete relatif au plan municipal de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John » modifiant a I'annexe A, plan de zonage de The City of Saint John, le rezonage d'une parcelle de terrain situee au 100, quai Long et d'une superficie d'environ 1,2 hectare, portant en partie le NID 55190193, afin de faire passer la classification s'y rapportant de zone d'industrie legere et secteur non zone « 1 -1 » a zone de developpement integre — secteur riverain « ID -W », fasse ('objet d'une premiere lecture. 31 94 -693 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Premiere lecture par titre de I'arrete intitule «Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » modifiant a I'annexe A, plan de zonage de The City of Saint John, le rezonage d'une parcelle de terrain situee au 100, quai Long et d'une superficie d'environ 1,2 hectare, portant en partie le NID 55190193, afin de faire passer la classification s'y rapportant de zone d'industrie Iegere et secteur non zone « 1 -1 » a zone de developpement integre — secteur riverain « ID -W », fasse l'objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le conseil redige une Iettre d'appui a la Saint John Community Harbour Authority concernant la recherche d'un nouvel emplacement pour le poste d'amarrage pour bateaux de plaisance. A I'issue du vote, la proposition est adoptee. 16. Adjournment The Mayor declared the meeting adjourned at 10:15 p.m. COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — SEPTEMBER 29, 2009 - 5:00 P.M. The Mayor reconvened the meeting which began on September 28, 2009 Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Killen, Higgins, McGuire, Mott, Sullivan, and Titus -and - P. Woods, Acting City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; D. Scribner, Deputy Chief of Police; B. Morrison; E. Gormley, Common Clerk and J. Taylor, Assistant Common Clerk. 7. Proclamation 7.1 Fire Prevention Week October 4th -10'h, 2009 / Fire Service Recognition Day October 10'h, 2009 The Mayor proclaimed the week of October 4th -10th, 2009 as Fire Prevention week and October 10th, 2009 as Fire Service Recognition Day. 16. Levee de la seance Le maire declare que la seance est levee a 22 h 15 32 94 -694 COMMON COUNCIL / CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 29 SEPTEMBRE 2009 A 17 H Le maire declare que la seance reprend afin de prolonger celle tenue le 28 septembre 2009. Sont presents Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, Killen, Higgins, McGuire, Mott, Sullivan et Titus et P. Woods, directeur general par interim; J. Nugent, avocat municipal; G. Yeomans, commissaire a la Division des finances et tresorier; P. Groody, commissaire aux Operations municipales; K. Forrest, commissaire au service Urbanisme et developpement; A. Poffenroth, commissaire adjoint aux Services d'inspection et des batiments; D. Scribner, chef de police adjoint; B. Morrison; ainsi que E. Gormley, greffiere communale et J. Taylor, greffier communal adjoint. 7. Proclamation 7.1 Semaine de prevention des incendies du 4 au 10 octobre 2009 /Journee de reconnaissance du service d'incendie le 10 octobre 2009 Le maire declare la Semaine de prevention des incendies du 4 au 10 octobre 2009 et la Journee de reconnaissance du service d'incendie le 10 octobre 2009. 12.4 Acting City Manager: Building Permit Application — 109 Crowley Road On motion of Councillor McGuire Seconded by Councillor Court RESOLVED that Common Council deny the applicant's request to construct a dwelling at 109 Crowley Road in accordance with Section 40 of the Zoning By -law due to the unsatisfactory arrangements for access, electric power and other municipal services. Question being taken, the motion was carried with Councillors Farren, Higgins, Killen, Sullivan voting nay. 12.4 Directeur general par interim : Demande de permis de construire concernant le 109, chemin Crowley Proposition du conseiller McGuire Appuyee par le conseiller Court RESOLU que le conseil communal rejette la demande visant a construire un logement au 109, chemin Crowley conformement a I'article 40 de I'Arrete de zonage en raison des dispositions insuffisantes prises pour I'acces, les services d'electricite et autres services municipaux. A I'issue du vote, la proposition est acceptee. Les conseillers Farren, Higgins, Killen et Sullivan votent contre la proposition. 12.5 City Solicitor: Resolution Respecting Moratorium on Development in Sandy Point Road Area. On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that the resolution adopted by Common Council on the 22nd day of June, 2009 with respect to a moratorium on development in areas of Sandy Point Road adjacent to Rockwood Park, is hereby rescinded; and further RESOLVED that a moratorium is hereby imposed upon the erection of any structure upon City owned land in the area of Sandy Point Road 33 94 -695 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 adjacent to Rockwood Park, save and except the Rockwood Golf Course, Aquatic Range, and the Cherry Brook Zoo, until revisions to the Municipal Development Plan affecting this area, which shall include public consultation, is enacted by Council. Question being taken, the motion was carried with Deputy Mayor Chase and Councillors Killen, McGuire and Titus voting nay. 12.5 Avocat municipal : Resolution afferente a un moratoire relatif a I'amenagement des zones du chemin Sandy Point. Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que la resolution adoptee par le conseil communal le 22 juin 2009 concernant un moratoire relatif a I'amenagement des zones du chemin Sandy Point attenantes au parc Rockwood soit, par les presentes, annulee; et RESOLU qu'un moratoire soit, par les presentes, impose au moment de la construction de tout batiment sur les terrains appartenant a la municipalite dans la zone du chemin Sandy Point attenante au parc Rockwood, a 1'exception du terrain de golf du parc Rockwood, du champ d'exercices de golf aquatique et du Zoo Cherry Brook, jusqu'a ce que I'adoption des revisions relatives au plan d'amenagement municipal touchant cette zone, et devantfaire l'objet de consultations publiques, soit prise par le conseil. A Tissue du vote, la proposition est adoptee. Le maire suppleant Chase ainsi que les conseillers Killen, McGuire et Titus votent contre la proposition. 11. Submissions by Council Members 11.1 Safer Communities and Neighbourhood Legislation Task Force (Councillor Snook) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that item 11.1 Safer Communities and Neighbourhood Legislation Task Force (Councillor Snook) be tabled until the next meeting of Council. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Groupe de travail sur la legislation relative a la securite dans les collectivites et les quartiers (conseiller Snook) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le point 11.1 Groupe de travail sur la legislation relative a la securite dans les collectivites et les quartiers (conseiller Snook), soit reporte au prochain conseil. A ('issue du vote, la proposition est adoptee. 11.2 Safeguarding Monuments and Public Spaces (Councillor Killen) On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that Council consider strengthening whatever by -laws exist that safeguard monuments and public spaces, specifically that sitting, standing, skate - boarding and /or other activities be prohibited on monuments; that signage be erected that indicates such prohibitions; that consideration be given to some form of general prohibition on loitering, the details to be provided in a report on the issue developed by the City Manager in consultation with the City Solicitor and with the police. Question being taken, the motion was carried. 11.2 Protection des monuments et des lieux publics (conseiller Killen) Proposition du conseiller Killen Appuyee par le conseiller Sullivan 34 94 -696 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 RESOLU que le conseil doive envisager le renforcement des arretes existants, quels qu'ils soient, relatifs a la protection des monuments et des lieux publics, en particulier concernant ('interdiction de s'asseoir, de monter, de pratiquer la planche a roulettes ou toute autre activite sur les monuments; ('installation de panneaux indiquant lesdites interdictions; la possibilite d'interdire toute forme de flanage et de mendicite, dont les details devront faire ('objet d'un rapport specifique elabore par le directeur general en consultation avec I'avocat municipal et la police. A ('issue du vote, la proposition est adoptee. (Councillor Court withdrew from the meeting) 11.3 Requesting Clarification on the Status of Wellington Row (Councillor Killen) On motion of Councillor Killen Seconded by Councillor Sullivan RESOLVED that the Acting City Manager provide a verbal explanation to Council on the status of Wellington Row in the context of current proposals being developed for the Peel Plaza Project, as well as a general overview of the policies and procedures currently in place that ensure protection of that streetscape as well as engagement with the public regarding any future development, either that which is currently under consideration or any that might arise in the future. Question being taken, the motion was carried. The Acting City Manager stated that in March of 2008 the previous Council adopted what was termed An Action Plan for Peel Plaza. He noted that this plan was very specific in that it identified a series of proposed actions with respect to Peel Plaza. Mr. Woods explained that significant public consultations were held prior to the Action Plan for Peel Plaza being adopted. He remarked that the following changes were made as a result of the public consultations: the relocation of Police Headquarters; the transfer of the parking garage to the Sewell street; increased emphasis on pedestrian ways and green- space; the inclusion of significant public places including the potential for an art park; a change in the pedway connection; preservation of the CFBC building and Synagogue; retention of the street fronts on Wellington Row; rehabilitation of the Art Centre; limiting the width of the Union street traffic corridor; and application guidelines. Mr. Woods outlined the decision points that Common Council will make as part of the Peel Plaza project. He noted that currently the project is awaiting the final approval of the memorandum of understanding with the Province of New Brunswick regarding the cost sharing structure for the project. Mr. Woods explained that the Request for Proposals (RFP) have been issued to three short - listed vendors. He provided details surrounding the contents of the RFP noting that public consultation will continue to be part of the requirement. He stated that the submission deadline for the RFP is November 27, 2009, noting that subsequent to receiving the RPF, staff will return to Council with a comprehensive review of the three proposals, including the financial, design and engineering aspects, any value -added proposals, and including an explanation as to how the preferred proponent would address all of those as part of a comprehensive package. He stated that staff will consult with Deloitte and Touche prior to making a recommendation to Council. Responding to a question with respect to Wellington Row, Mr. Woods stated that the streetscape will be unchanged by the widening of the street. He explained that the synagogue and two of the" jellybean" buildings belong to the City and that any decisions about their future will not be considered until after the preferred proponent is chosen. He remarked that the developer would be required to maintain the "jellybean" buildings' facades and noted that the City may have an option on the third "jellybean" building. Mr. Woods stated that if the preferred proponent does not have a proposal for development for some of the buildings on Wellington Row, the City will then open up development to other organizations. He remarked that both private developers and non - profit organizations have expressed interest in the buildings on Wellington Row. Mr. Woods explained that two buildings at the corner of Wellington Row and Union Street could be demolished to widen the street, if necessary. He stated that both 35 94 -697 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 buildings, owned by the City, are vacant, and that they share a support wall which necessitates removing both. Mr. Woods explained that as a result of public consultation the police station was moved south, necessitating an underground access between the police station and the justice building. He stated that the underground access will affect the front steps of the arts centre, noting that four to six steps will be below grade as Hazen Avenue is raised to accommodate the tunnel. Mr. Woods explained that the memorandum of understanding between the City and the provincial government includes a substantial portion of the capital cost of the development, including the ongoing cost related to the shared detention facility. He explained that the staff members who are assigned to the Peel Plaza project report to a steering committee, which receives its direction from Common Council. He concluded by stating that all decisions regarding Peel Plaza are made by Council in the public forum and he responded to questions posed by Council members. (Le conseiller Court quitte la reunion.) 11.3 Demande de precision concernant le statut de la rue Wellington (conseiller Killen) Proposition du conseiller Killen Appuyee par le conseiller Sullivan RESOLU que le directeur general par interim fournisse une explication orale au conseil sur le statut de la rue Wellington s'agissant des propositions en cours de developpement relatives au Projet de la place Peel, ainsi qu'une presentation generale des politiques et procedures actuellement mises en place pour garantir la protection du paysage de la rue, et de 1'engagement envers le public concernant tout amenagement futur, quel qu'il soit, presentement en consideration ou susceptible de 1'etre a l'avenir. A ('issue du vote, la proposition est adoptee. Le directeur general par interim explique qu'en mars 2008, le conseil precedent avait adopte un « Plan d'action pour la place Peel ». II ajoute qu'il s'agissait d'un plan extremement specifique en ce sens qu'il comprenait une serie de propositions d'actions relatives a la place Peel. M. Woods explique que des consultations publiques consequentes ont ete menees avant la soumission du Plan d'action de la place Peel au vote du conseil. II fait remarquer qu'a la suite des consultations publiques, les changements suivants ont ete effectues : deplacement du quartier general du service de police; transfert du parc de stationnement a la rue Sewell; accent sur les allees pietonnes et les espaces verts; amenagement de places publiques significatives, dont la possibilite d'un parc artistique; modification des passerelles du reseau pietonnier; conservation de I'immeuble CFBC et de la synagogue; conservation des parapets sur la rue Wellington; rehabilitation du Centre des arts; limitation de la largeur du couloir de circulation sur la rue Union; et autres lignes directrices d'application. M. Woods insiste sur les points de decision qui incomberont au conseil communal dans le cadre du projet de place Peel. II indique que le projet est actuellement en attente de I'approbation finale du protocole d'entente qui devra titre conclu avec la province du Nouveau - Brunswick concernant le systeme de partage des couts du projet. M. Woods explique qu'une demande de propositions (DP) a ete envoyee aux trois fournisseurs retenus en selection finale. II donne des details sur le contenu de la DP en expliquant que les consultations publiques resteront obligatoires. II indique que le delai de soumission des propositions estfixe au 27 novembre 2009. Le personnel effectuera une analyse complete des trois propositions, une fois reques, qu'il transmettra au conseil. Cette analyse abordera les aspects financiers, de conception et d'ingenierie, ainsi que toute proposition a valeur ajoutee, et stipulera la proposition retenue, ainsi que la fagon dont celle -ci repond a 1'ensemble des aspects abordes. II indique que le personnel consultera Deloitte & Touche avant toute recommandation au conseil. En reponse a une question relative a la rue Wellington, M. Woods indique que le paysage de la rue ne sera pas affecte par 1'e1argissement de la rue. II explique que la synagogue et les deux batiments en forme de « haricot » appartiennent a The City of 36 94 -698 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 Saint John et que toute decision relative a leur devenir ne sera prise qu'apres le choix de la proposition finale. II ajoute que le promoteur serait responsable de 1'entretien de la fagade des batiments en forme de « haricot » et que The City of Saint John reserve son choix pour le troisieme batiment en forme de « haricot ». M. Woods indique que si la proposition finale retenue ne propose pas d'amenagement pour certains batiments de la rue Wellington, The City of Saint John cherchera a obtenir de telles propositions aupres d'autres organismes. 11 fait remarquer que des promoteurs prives et des organisations sans but Iucratif ont tous deux exprime Ieur interet dans Ies batiments de la rue Wellington. M. Woods explique qu'il est possible que deux batiments situes au coin des rues Wellington et Union soient demolis, le cas echeant. 11 indique que ces deux batiments, qui sont vacants et appartiennent a The City of Saint John, possedent un mur porteur commun, d'ou la necessite de Ies demolir tous Ies deux. M. Woods explique qu'en accord avec Ies consultations publiques, le poste de police a ete deplace plus au sud, et qu'un acces souterrain entre le poste de police et le palais de justice est desormais requis. 11 indique que I'acces souterrain aura une incidence sur 1'escalier d'entree du Centre des arts, puisqu'en raison de la construction du tunnel, six marches (au lieu de quatre actuellement) se trouveront desormais au- dessous du sot une fois le rehaussement de l'avenue Hazen effectue. M. Woods explique que le protocole d'entente conclu entre The City of Saint John et le gouvernement provincial comprend une part substantielle du cout des investissements relatifs a I'amenagement, y compris Ies couts permanents inherents a 1'etablissement de detention a gouvernance paritaire. 11 explique que Ies membres du personnel qui sont affectes au rapport relatif au projet de la place Peel dependent d'un comite directeur, qui depend Iui -meme du conseil communal. En conclusion, it indique que 1'ensemble des decisions concernant la place Peel sont prises par le conseil sur la place publique et repond aux questions posees par Ies membres du conseil. 11.4 Fairville Boulevard Area: Beautification Through Landscaping Development and Enhancement (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the Acting City Manager submit a report to Council in one month's time outlining the opportunities and possibilities for a beautification plan for the Fairville Boulevard Area to be included as part of the Planning Department's work -plan for the West Saint John Retail Development Corridor. Question being taken, the motion was carried. 11.4 Secteur du boulevard Fairville : Embellissement par I'amenagement paysager et des ameliorations (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le directeur general par interim soumette au conseil, dans un delai d'un mois, un rapport exposant Ies opportunites et possibilites existantes en matiere d'embellissement de la zone du boulevard Fairville et pouvant titre incluses dans le plan de travail du service de l'urbanisme relatif a I'amenagement commercial a Saint John Quest. A Tissue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Planning Advisory Committee On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that Common Council accept a cash - in -lieu Land for Public Purposes dedication for the proposed Tentative John Law Corporation and Doreen Maclntosh Subdivision as well as assent to any necessary municipal services or public utility easements. Question being taken, the motion was carried 37 94 -699 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 13. Rapports deposes par les comites 13.1 Comite consultatif d'urbanisme Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le conseil communal accepte une compensation monetaire contre I'affectation du terrain d'utilite publique relativement au Iotissement John Law Corporation et Doreen Maclntosh propose, ainsi que I'autorisation de toutes servitudes exigees aux fins des services municipaux ou publics. A ('issue du vote, la proposition est adoptee. 13.2 Saint John Parking Commission: Parking Meter By -Law Amendment — Princess Street On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled "A By -Law to Amend a By -Law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines" enacted on the 15th day of March, 2004, amended by deleting Princess Street, Charlotte Street to Germain Street, Germain Street to Water Street, under schedule "A" and adding Princess Street, Charlotte Street to Germain Street, Germain Street to Prince William Street schedule "C ", be read a first time Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A By -Law to Amend a By -Law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines" On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled "A By -Law to Amend a By -Law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines" enacted on the 15th day of March, 2004, amended by deleting Princess Street, Charlotte Street to Germain Street, Germain Street to Water Street, under schedule "A" and adding Princess Street, Charlotte Street to Germain Street, Germain Street to Prince William Street schedule "C ". be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A By -Law to Amend a By -Law with Respect to Parking Zones and the Use of Parking Meters and Pay and Display Machines" 13.2 Commission sur le stationnement de Saint John : Modifications apportees A I'arrete sur les parcometres de la rue Princess Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete concernant les zones de stationnement et l'utilisation de parcometres et de systemes de paiement a console d'affichage » edicte le 15 mars 2004, modifie en remplagant les rues Princess et Charlotte par la rue Germain, et la rue Germain par la rue Water a I'annexe A, et en ajoutant les rues Princess et Charlotte a la rue Germain, et la rue Germain a la rue Prince William a I'annexe C, fasse l'objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule «Arrete modifiant I'Arrete concernant les zones de stationnement et ('utilisation de parcometres et des horodateurs ». Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete concernant les zones de stationnement et ('utilisation des parcometres et des 38 94 -700 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 horodateurs » edicte le 15 mars 2004, modifie en remplagant les rues Princess et Charlotte par la rue Germain, et la rue Germain par la rue Water a I'annexe A, et en ajoutant Ies rues Princess et Charlotte a la rue Germain, et la rue Germain a la rue Prince William a I'annexe C, fasse ('objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete concernant Ies zones de stationnement et ('utilisation des parcometres et des horodateurs ». 13.3 Saint John Industrial Parks: Capital Reallocation On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED the report from Saint John Industrial Parks entitled Capital Reallocation Saint John Industrial Parks be received for information. Question being taken, the motion was carried. 13.3 Pares industriels de Saint John : Reattribution des fonds Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le rapport des Pares industriels de Saint John intitule Reattribution des fonds des pares industriels de Saint John, soit accepte a titre informatif. A I'issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14.1 Saint John Heritage Development Board On motion of Councillor Killen Seconded by Councillor Farren RESOLVED that the letter from the Saint John Heritage Development board entitled Wellington Row be referred to the Acting City Manager. Question being taken, the motion was carried. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Conseil d'amenagement du patrimoine de Saint John Proposition du conseiller Killen Appuyee par le conseiller Farren RESOLU que la lettre du Conseil d'amenagement du patrimoine de Saint John intitulee Rue Wellington soit transmise au directeur general par interim. A I'issue du vote, la proposition est adoptee. 14.2 Establishment of Permanent Positions On motion of Councillor Sullivan Seconded by Councillor Farren RESOLVED that Common Council approve the addition of the following five permanent positions as detailed in the submitted report dated September 24, 2009: 1 Planner for the Planning and Development; 2 Superintendant positions for Saint John Water; 1 Buyer Position for Materials Management; 1 Telecom Administrator for Information Technology. Deputy Mayor Chase stated that he is against the motion due to the financial situation of the City and he noted that he would be in agreement with adding the positions if the city were to eliminate five equivalent positions from elsewhere in the establishment. 39 94 -701 COMMON COUNCIL /CONSEIL COMMUNAL SEPTEMBER 28 & 29, 2009 /LE 28 et 29 SEPTEMBRE 2009 Question being taken, the motion was carried with Councillors Higgins and Chase voting nay. 14.2 Etablissement de postes permanents Proposition du conseiller Sullivan Appuyee par le conseiller Farren RESOLU que le conseil communal approuve I'ajout des cinq postes permanents suivants tels que decrits dans le rapport soumis en date du 24 septembre 2009 : un (1) urbaniste pour le service de l'urbanisme et du developpement; deux (2) surintendants pour Saint John Water; un (1) acheteur pour le service Gestion de 1'equipement; un (1) administrateur des telecommunications pour le service Technologies de l'information. Le maire suppleant Chase declare qu'il est contre la motion en raison de la situation financiere de la ville et it ajoute qu'il serait d'accord pour valider ces postes si The City of Saint John supprimait cinq postes equivalents ailleurs, au sein de la ville. A ('issue du vote, la proposition est adoptee. Le maire suppleant Chase ainsi que le conseiller Higgins votent contre la proposition. 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 6:15 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 18 h 15. Mayor /maire Common Clerk/greffiere communale 40 cv I I September 28, 2009 Mayor Ivan Court Members of Common Council City of Saint John P.O. Box 1971 Saint John NB E2L 4L1 Your Worship and Members of Common Council, On behalf of Green Feet, the Environment Committee of Uptown Saint John Inc., I would like to appear before Mayor and Council on Monday, October 26th to present you with bags as a thank you to the funding from the Saint John Community Arts Board and to announce the winner of this year's "bring your own bag" art contest. There were over 20 entries and the decision was very difficult but the judges felt this year's winning artwork really brings living green in the city to life! November 7'h is the official launch but we would be pleased to present these bags to the Mayor and City Council on the 26th. Yours Truly, Anne McShane Environment Committee 0 (n T� 506,633,9797 F 506,652.3525 www.uptownsj,coni 44 41 Commercial Pro IeS l �� dd O� ` 00 v Dear Common Council, Commercial Properties Limited, now the owner of the historic Ordnance Building, located in Saint John, NB, has commenced the rehabilitation of this wonderful structure while respecting its position as a registered Canadian Historic Site. To help guide us in this project we under took study of the building's history. The resultant booklet, British Military Ordnance Building 1842 — 2009, is a researched history of the only original building from pre - Confederation days remaining on the former Royal land known as the Barrack Green, Saint John, NB. From the arrival of the Loyalists the Barrack Green site at the mouth of the St. John River was used for defensive purposes by British regular forces supplemented by militias recruited from the area. Using the ordnance resources at this site, battalions marched forth equipped to counter invasions into New Brunswick, establish New Brunswick boundaries and support British forces when enemies threatened the British North American colonies and later Canada. The frozen St. John River provided a secure pathway for moving troops north in winter marches when the St. Lawrence River and other routes were impassable. The Royal. Engineers built the Ordnance Building in 1842. Its massive two - storey stone structure contained (guarded by posted sentries) the guns, ammunition and other stores for the British and subsequently the Canadian army. Barrack Green and its Ordnance Building were the headquarters for military activities during the threatened Fenian raids from Maine. The Barrack Green complex was essential for training & marshalling troops for overseas and local service during World Wars I and 11. The Bay of Fundy and ship- repair work in the Saint John harbor required constant vigilance and protection until 1945. We look forward to welcoming you to the Ordnance Building once the redevelopment is complete. Until then, please enjoy this glimpse into the past of both Saint John and the Ordnance Building. 44 Chihrnan Fill, PO Box 20114, Saint John, New Brunswick - F21, 5B2 Phone: 5001- 635 -6000 • Fax: 500-635 -6006 • www .comrriercial- Bro0erties.ca 42 John K. F. Irving President Commercial Properties Limited Saint John, New Brunswick r r// o rr A spear with a broad arrow head was ceremonially carried before early British royalty as the mace was later by a sergeant -at- arms. It became a royal mark, and was used to show that property with this mark (3 hatchet blows forming the broad arrow head) belonged to the Crown. It became the royal mark for government stores (ordnance) of every description. The "B" stands for British and the "0" stands for ordnance. Defending Sa. . Boatload after boatload of war -weary people landed in Saint John in 1783. Their homes, belongings and family connections had been lost over the past eight years of the American colonies' rebellion, or as the American Patriots proclaimed it their "fight for freedom." Among the 10,000 Loyalist refugees were many with British military connections ready to advise military officials in London how the new large community should be protected. They could see that Fort Howe, built in 1777 on the hill above the inner harbour, was not armed or prepared to meet determined American aggression. Over the next thirty years Fort Howe received some larger cannon, a stone magazine with storage for 700 barrels of gun powder and, among other buildings, a barracks for 150 men. This garrison perched on a ridge that could be mounted easily from the undefended rear, was vulnerable to any serious attack. Its guns could not reach a ship until it was well past the harbour entry. By 1812 the burgeoning communities around the Saint John harbour —Portland, Carleton, Lancaster and Saint John — required a more satisfactory solution. British Mill"tary Concerns Partridge Island and Saint John harbour, c. 1835 -- Library and Archives Canada # C- 008744 Sleigh club meeting at Lower Cove barracks, Saint John, 1837 — Royal Ontario Museum # 953.186.2 Napoleon's continuing battles to dominate the seas as well as land in Europe, made France the feared enemy even in the growing settlement of Saint John. By 1703 Britain was again at war with France, and continued so for most of the next 23 years. This gave French privateers from the Saint Pierre and Michelon islands just south of Newfoundland shores the freedom to pursue and pounce on ships heading for Halifax and Saint John, and on vessels carrying cargo from the Maritimes to the Vilest Indies or Britain. As a major commercial centre supplying ships' masts to the British Navy, and with significant trade to the Indies, Saint John in the Bay of Fundy required more adequate protection. At that time British military leaders assumed ships from American colonies would not dare to strike so far from their support base since British Navy ships could sail quickly from their Halifax berth, outgun them and send them home. r , 44 Defense of the Harbour As early as 1793 temporary batteries were ordered built at Lower Cove, the peninsula poking out into the Bay of Fundy from the end of the harbour, and also at Partridge Island at the mouth of the harbour. New Brunswick's Governor Thomas Carleton saw Partridge Island as the location Thomas 0 "Keleher Plan: Plan of Military or Government Land Lower Cove, St. John, New Brunswick 1848 — NB Museum Collection # 19747 t ;ZR � ii.. r 2F, �� t AF r , 44 Defense of the Harbour As early as 1793 temporary batteries were ordered built at Lower Cove, the peninsula poking out into the Bay of Fundy from the end of the harbour, and also at Partridge Island at the mouth of the harbour. New Brunswick's Governor Thomas Carleton saw Partridge Island as the location Thomas 0 "Keleher Plan: Plan of Military or Government Land Lower Cove, St. John, New Brunswick 1848 — NB Museum Collection # 19747 best able, to sound the alarm of approaching enemy. Lower Cove with its strategic position at the tip of the built Saint John community could mount some protective fire power from its four surrounding batteries if enemy ships sailed into the harbour. k was believed with this assistance Fort Howe had the manpower and the guns to defend the inner harbour. ANudk house was built at Lower Cove and the four batteries were gradually improved wkhthetraimedRoyal Artillery not local militia responsible fxmanmingtbegmns. 8y18M when sounds of war with the Americas were rising, the upper story o( the lower Cove blockhouse was armed with two 4-puundecannon. This elevated position allowed the blockhouse \n cover the battery and protect its guns (two 18-poumdeo and one 8'imchhowitzer) from the land side. Unfortunately at this time Fort Howe was barely able toact as the administration centre, its stockades had rotted and its buildings were im desperate need nf repair. With only batteries and a blockhouse kxw* Cove and Partridge Island were considered adequate defensive points for Saint John. America and Britainat War 1812 in June 1812 the American: President James Madison declared war ouBritain. With the possibility ofactual attack on Saint John, the provincial hub ufcommerce, and the danger American invaders could capture Fredericton, the provincial capital, alarm spread through the province. |t brought immediate defensive action by the British military to support positions susceptible to attack along the length nf the St, John River. Seventeen armed gunboats were placed N patrol the river. in Saint John Fort Howe was quickly rebuilt as military headquarters and the main barracks for the garrison. The city's other defensive positions were supported with additional armaments. However, the Americans ignored the mahlkns communities where British warships could easily enter the combat, instead the war action took place in the two [ana6as, (Upper Canada Xn what |s now Ontario, and Lower Canada, now Ouehed.Iheywereseparated from the American states by water; |n Upper Canada h was the huge Lake Ontario and in Lower Canada the wide and deep tidal St Lawrence Rive,. From New Brunswick the 104t KcQmpot locally- raised and trained by British officers, and some artillery made its famous 1813 winter march on foot from Fredericton to Kingston tosupport the Canadas. its trek followed ammmuniaatimn route established |n pre-European times by the ancestors of the Ma|iseet and Migmam tribes, refined for 208 years by the French trappers and traders, and used continuously in the French-English was. From the Boy of Fundy the route took the 6t. John River to Rivi6re'du-Loup^ portaged across 10 iakeTemiscouata^ then down it into the St. Lawrence River ip Quebec. British military controlled this established route and were not about 10 allow Americans 10 take itover, Route taken by British 104 New Brunswick Regiment of Foot on winter march up the St. John River f rom Fredericton to Rivibre-du-toup and on to Kingston, 1813. The first company of the 104th Regiment marched out of Fredericton on February 16 forming a line about half a mile long, in single Me. Each succeeding day one of the four Battalion Companies followed until on February 21 the final Light Company completed the contingent. The entire Regiment reached Kingston in 52 days having travelled the 1'128 kilometers to Upper Canada in temperatures that averaged -27'C to -32'C. Remarkably, every soldier survived. The war ended Christmas Eve 1#14at the signing of the Treaty uf Ghent without New Brunswick having |u defend its territory. British Military concern for the defence of all St, John harbour positions was forgotten. New Defences for S John New, Brunswick A fire that destroyed Fort Howe barracks in 1819 gave the military the impetus to establish Lower Cove as the military headquarters for Saint John. Barrack Green endured a long period of continuous construction as all the necessary structures 0nhouse, train and support men and officers were built, By 1822 all troops had left Fort Howe. There was still a key building missing on the site. Over 1841 - 184Z the Royal Engimecmundertookconst/ocdunofthe essential Military Ordnance Building, a two-story Georgian classic in local limestone not wood, Its construction was superintended hy Captain Batterbea. [m|. Rice-}one5, K.H. acted au Commanding Royal Engineer and James Calder and Charles E. Ford signed the drawings. its purpose was housing military stores and equipment, artillery, and the working office of the British military engineers. That Ordnance Building still stands, the only structure on the Lower Cove/Barrack Green site that remains from the time when the British Military was domiciled there. After Confederation in 1867 the British army completed withdrawal ufall its men from Saint John |n 1870. Trouble in the Canadas and the Maine border New Brunswick endured border crisis period from 1824 to 1845 as the American State of Maine struggled to assert its claim to land with rich lumber tracts in a disputed boundary area to the north in Aroostook County. The arbitor King William I of the Notheflands in 1831 awarded 66 percent of the land to the United States and gave Britain control of the remaining land following the St. John River route to the St. Lawrence, Britain was happy but Maine was not. Negotiations and provocations Armstrong guns packedan sleighs in the ordnance yard, St. John, New Brunswick, in readiness to be taken overland to Canada. 1861 — NB Museum Collection # 21232 lasted over the next five years At the same time rebellion was afoot in the Canadms It became a crisis in 1837 when the Patriotes in Lowe Canada led by Louis-Joseph Papimeaudashed with British troops atSt. Denis, St Charles and St. Eustache. The only British battalion in Upper Canada was sent imassist Lower Canada, Upper Canada was undefended except for local mi|ita. Toronto newspaper man William Lyon Mackenzie seized the opportunity to begin the people's revolt against the British, a cry for independence. Two regiments were urgently requested from Halifax to restore order, This 1837 crisis in the Canada was in winter making it impossible for troops to move quickIy from their Halifax headquarters. The 43rd Regiment stationed in Fredericton was ordered into action. Its departure December 11 was by sleigh along the water route to Quebec. At the same time the 85th Regiment sailed from Halifax tn St. John where |i was prepared to travel also by sleighs along the frozen waterways to Quebec and ooto supply defence atKingston. Government control was soon reestablished im the [anadas. Antagonism and tension between Maine and New Brunswick over their disputed joint border continued with serious skirmishes, citizen raids and military action from both sides. Finally in 1842 a new commission headed by Daniel Webster, American Secretary mf State, and Lord Ashburton, 0heDritishmegoha1or, drew upm compromise agreement, its ratification in 1843 settled the shared borders of Maine, New Brunswick and Quebec, These borders were demilitarized and the soldiers withdrawn. Local governments were in control at last. The American Civid'vVar The American Civil War that began in 1D61 saw Barrack Green Armouries and its British Military ordnance building once again preparing for an influx of troops, At the outbreak Britain and its North American colonies officially remained neutral. Along the American borders the British colonial residents were wary. What if the northern army, assumed to be victorious muo' turned its fighting army to enlarging the Union by acquiring British provinces? Gentlemen on Sydney Street ~ ~ take o walk towards the harbour, past the guarded military Commissariat buildi the - left and the rear wall vfthe Ordnance building the right. Photographer unknown, c. 1863. -*, Wright Collection #218m �0 _n New Brunswick's border communities in 1865 1866 were terrorized by the threat of an invasion from Maine by the Fenian Brotherhood, an Irish independence movement that wanted tu gain concessions from Great Britain by holding parts ufBritish North America hostage. 4othe largest New Brunswick city and a major centre of commerce, Saint John was assumed to be likely target especially Jits large Irish immigrant population might be sympathetic tn the Fenian cause. British diplomatic and consular officials in Washington and New York warned New Brunswick Governor Arthur Hamilton Gordon that Fenian leaders had influential friends in the United States government prepared to support their anti-British It was known guns and money flowed to support the Fenian cause, Experienced Civil War soldiers congregated in Maine ready to fight for the Rmians. Newspaper reports estimated their numbers at two to three thousand men. New Brunswick was warned a Fenian attack could erupt over the border aT any time, Beginning in December 1866 Governor Gordon as[ommunder-in'Chkefin three months organized an effective command structure, arranged government funding and had a thousand men as provincial militia ready to defend New Brunswick along the Maine border from Centreville in Carleton County south to St. Stephen, St, Andrews, St. George and along the Bay of Fundy |o Saint John. British warships patrolling the coast of Maine moved into the Bay of Fundy. At the request of the Governor, on April 16, 1866 General Sir Charles Doyle, Commander nf British Forces io the Lower Provinces, ordered a regiment of British Regulars from Halifax by ship to St. Andrews. General Doyle himself was in command. The entire Halifax Field Force disembarked at Joe's Point on the morning of April 19 and, led by impressive military band playing rousing music 33 officers 60 men and 3 commissaries marched into St. Andrews. Ai the public square a battalion of volunteers, uniformed milita from Woodstock, Fredericton, Saint John and other coastal communities, were drawn up in line, and presented arms. For the next few weeks uniformed men could be seen everywhere, drilling, marching, and enjoying St Andrews' approval. The strong show of military strength, clearly visible from both sides of the V. Croix River, deterred the Fenians. This eariy public relations success required not one shot fired at the enemy By early MayAmerican forces under General Meade reached the Fenian encampment, seized Fenian aims and ammunition, and sent 2U8Femamby ship m Portland. There would beno warfare with New Brunswick. Fenian organizers and their troops moved west m terrorize the {axadasinstead. In the summer election of 1866 New Brunswick's citizens recognized the value of massed military protection when they returned Samuel Leonard Ti|ley's pm-Confederafion party to power by an overwhelming majority. in the fall the New Brunswick Legislature voted 38 to 1 to join Canadian [onfederatinn, Premier Tilley took their support to the London Conference of 1867. With Queen Victoria's blessing Canada, imdv6ixg New Brunswick, became a self-governing nation on July 1, 1867, _ Mill The New Cotintry, Canada. John A, MacDonald from Upper Canada, Georgeltienne Cartier from Lower Canada and Samuel Leonard Tilley from New Brunswick were the three provincial leaders who made confederation possible in 1867, |n London Queen Victoria knighted the three for their efforts at the same time a» she declared the new country N Canada a Dominion stretching from sea to sea. Immediately afterwards the three exhausted men sailed home to their respective provinces to begin the task of establishing the new federal government, Sir John A. MacDonald became prime minister in the first Dominion cabinet. His second senior minister was Quebec's Sir George-kiemneCartier who chose Militia and Defence as his portfolio. New Brunswick's Sir Samuel Leonard Tilley became Minister of Finance. Not surprisingly their three home communities of Kingston, Montreal and Saint John received significant attention. In May of 1868 Minister Cartier introduced a bill to authorize aloan of1^I00,0VUpounds tobe guaranteed bytheBritish Government and used to pay the cost to fortify Montreal and Saint John military positions, The bill passed and received assent the same day as the Militia Act that the Defence Department had developed. Fortifications for Montreal and Saint John never were carried out. The British War office, preoccupied with the Crimean War, never gaveoppmv |totheluun. July l 1868 British regular officers in Saint ]ohm undertook reorganization of the volunteer militia that the new Dominion Militia Act had authorized. At Lower Cove the militia was called to drill for 8days, artillery skills were taught, they learned how to march, handle guns and work as a unit, Regular weekly training continued at Barrack Green. Over the next few, years the local officers' efforts produced a militia trained as artillery. The Saint John militia received high praise for their capabilities and appearance when reviewed by senior officer from the regional beadqmarten. Three years later they were reorganized under the new name of New Brunswick Brigade of Garrison Artillery, Of the new brigade's ten batteries, fvewere in Saint John where they *eretrainedby Royal Arti||eryiostmcWrs(omanhemymasta| defence guns. � �� Canada without an Army or a Navy Once Canada was declared acountry the British military that had carried the burden of defending the North American cniooies for centuries, no longer saw this as its duty, After 1867 they began a structured withdrawal leaving to the local militia the communities where they had established residence and operations. Since Halifax was needed as x British naval base it was still to have a British force in garrison, but its numbers were drastically reduced, By 1870 the British government had informed the Governor General of Canada that the intentions announced the previous year of withdrawing all troops would be concluded within the year. For the present a battery of garrison artillery were to remain at Quebec. The reduced garrison of 2,000 at Halifax would lose another 500 men. The remainder would be withdrawn over the summer leaving only necessary officers to train militia and volunteers. In Saint John the last detachment of the Royal Artillery left in August 1870. In 1872 the Royal Engineers transferred all its New Brunswick military property including Barrack Green with its buildings, equipment, weapons and stores to the Canadian Government. As winter approached only one battalion (including artillery, engineers and some administrative people) was left in Central Canada. On November 11, 1871 the last Quebec detachments of artillery and engineers of the 60th Rifles embarked for Britain. At the end of 1871 the Canadian militia, untrained volunteers who worked at other jobs and only came out to serve a few times a year, were promoted from an auxiliary force to full responsibility for defending the new Canada. The Canadian government declined to pay for recently retired British officers to train or teach or lead the Canadian militia. In fact the Dominion government rejected the offer of the War Office in Britain to release a full battalion to serve a tour of duty in Canada, if the new government would look after its casts. The Canadian government said it had no interest in f j� /air r ✓��q /�� hiring a battalion or in raising any of its own.. The departing British military turned over to the Defence Department of the Canadian Government 43,870 rifles and 25,004 Snider rifles and two gunboats for patrolling the Canadian border lakes. 'The barracks, fortifications and landed property of the British War Department in Canada were left to the Canadian government, clang with the remaining stores. Saint John had a solid Ordnance Building at Barrack Green to pause these supplies and a trained support militia capable of caring for equipment. Other Canadian communities were not prepared to provide storage or maintenance for essential 4"' r military material and it rusted, rotted and became unusable, The Dominion of Canada did have security concerns at this time In his report to the British War Office, Minister Cartier pointed out the Fenian threat just over the border to Ontario and also in Manitoba. There were settlement difficulties at Red River and the opening of the west required a military presence. With the British withdrawal the new country would be left without a regular army presence to counter these attacks and quell the uprisings. Canada's unprotected shores would be open to foreign invaders without the Royal Navy. Britain turned a deaf ear to the pleading. By the end of 1874 the Canadian Defence Department proposed six schools of military instruction to train militia. These schools designated for Quebec, Halifax and Saint John would be directed by instructors form the British garrisons at these locations. Three other training centres "F ! IN ,11 . J . U IJ 7� � t in Toronto, Kingston and Montreal Os r ✓arm + were to utilize the locally- trained militia . as instructors. However the schools � srxsic r�f " of gunnery at Halifax and 'Saint John were never built. The British army was 44 � f " .�, needed for other wars, E Saint John had keen military people who had benefited from their early training to ., ov, i a� �7 % support the British regulars. In 1876 the r roe,, �� r �* Garri s on A ti @lery in Saint John received high praise in a military report when lP reviewed and as the officer noted, � "There were few other really efficient O corps." a �,. �w A iG,r Plan of Lower cave, Saint John St. John county, New Brunswick. Transferred to the Dominion o Government, J une 1872 r — NBl�usevmCalfecdonttl97AR �, r /iG�Jf9 "f ,. �� Great �`i�� Saint john, �(�� -- On a June day in 1877 The former British armouries site -^ was almost wholly destroyed by the great fire that swept - Saint John. The stone Ordnance Building was left standing with a gaping black hole where its shingle roof had been, ^ The militia were called to keep order and organize support for the homeless mmhmo. It would be some time before Barrack Green could berebuilt. Refugees from the devastating fire turned mBarrack Green for assistance from the military base. c. 1877, — H. Wright Colicctlon #9354 Threats from Europe Because of the Russo-Turkish War of 1877-1878 Britain was uneasy, Britain saw a rise in nationalism in the Ukans as well as in the Russian goal of recovering territorial losses it had suffered during the Crimean War. Under pressure from the British, Russia accepted the truce offered by Ottoman Empire on January 31, 1878, but continued to move towards Constantinople. The British sent a fleet of battleships to intimidate Russia from entering the city, and Russian forces stopped at San Stefann, Eventually Russia entered into o settlement under the Treaty nfSan Stefano. It was at this point that Canada feared Russian Navy ships might attack its maritime coast. A Russian steamer arrived at Maio* port with a m,gn of rifles, guns and a large crew. Rumour spread quickly that privateers were ready to attack Saint John ships in the Bay of Fundy, Shipowners wanted the government to take action to protect their property, The Governor General asked the Royal Navytnprovidea8ne$offastcmiseotnprot (|<heEast[uast,The8ribshPrime Minister when announcing the troop withdrawal had left the assurance that Britain would always come tu Canada's aid when the country was theatened. Surely this was such adme. The Admiralty protested it had too many uTha responsibilities. It suggested the Canadian government should protect �0 its own ports and shipping. The batteries and guns intended for Saint John to protect the East coast never materialized. 51 ~ Barrack soldiers' tents provide shelter among the destroyed buildings, t-1877 — H. Wright Collection # 9414 ~~ ._' � � Saint st orl 'War 1914 - 1,918 When Britain announced the "British Empire" was at war with Germany (August 4 -5, 1914) the Armouries at Barrack Green again became a vital administrative headquarters.. The port's security for its shipbuilding operations was a concern for Maritime Command. Partridge Island was regarded as the logical key point to defend the harbour. Within a few days an artillery officer from regular command out of Halifax arrived to position 4 guns (each weighing six tonnes) and locate a site for a battery, Before he left at the end of the day the island's guns were ready to fire. While Partridge Island's armaments looked impressive and may have calmed the citizens' panic, the island defences were incapable of stopping any invasion. The guns were not designed to track a moving target. The station on Partridge Island lacked equipment to identify a distant ship, so early warning of an approaching enemy was impossible. Even more serious, the station's lights were not strong enough to search the water at night when an enemy vessel might try to slip into the harbour. The Island had no support network in place. However, wartime Saint John became a great recruiting and training centre. The New Brunswick Regiment of Artillery 1 signed up and prepared Canadian troops for action overseas from 1914 to the end of the war. Barrack Green again became an artillery training base.. Partridge Island provided the trainees with actual experience in operating heavy guns, experience the soldiers would use overseas to support the infantry in trench warfare in France and Belgium. In 1916 the L 9th Siege Battery was formed in Saint John specifically as a training and holding unit for the Canadian heavy artillery in France. More than 2,000 trained artillery men from New Brunswick were sent overseas. I� When German submarines were first capable of reaching the Atlantic coast the Maritime Command realized Partridge r Island needed additional equipment, In 1917 two additional heavy guns on swivel mounts were installed. Military engineers also placed and wired large searchlights near the new battery, War ended 11 November 1918. Naval staff concluded the defences at Partridge Island were no longer required to protect the Saint John harbour. Five months later all guns on the Island had been removed. Saint° ��_ ~ �� nt 0�� in the Second World ��ar 1939-1945 Canadian Soldiers in Action, Italy, 1943-1945—NB Museum Collection #1951 m,1 Anan automatic ally of'Britain[anada expected to fight ina coming war on the European front. However, as early as 1986 Maritime Command held planning meetings for home defense from a potential attack by the navy of Nazi 6ennan� Saint John was recognized as strategic since its Coortenay Bay dry dock, completed in 1933, was the only facility unthe {unadianseaboandcopab|cof/epairingthe|avgestpasaem0e/vessebandwa*hips.Overthe next two years plans were developed to equip the port with modern defences beginningwith a main battery on Partridge Island. Supporting batteries were scheduled to be built at Pmt Dufferin and the Courtney Bay breakwater, In Saint John the Royal Canadian Artillery began training to prepare to man the coastal defence guns in new forts once they were built, Their name was changed to the 3rd (New Brunswick) Coast Brigade. During the summers of1938 and 1939 the 3rd [oast Brigade trained in Halifax since coastal guns had not arrived yet in Saint John. When the Canadian government received the telegram from Britain the night of August 25-26 to prepare for war, its defence headquarters knew what to do. Volunteers As the First World War had proven, Canada's national defence system was not adequate for any massive attacks on - its coasts. By 1936 the Canadian government recognized that Germany, Italy and Japan were preparing for war, and Canada needed tobe ready to defend both its east and west coastal waters. There was little money for rearmament, enough only for improving defense om one coast. It was believed Japan was the mu�§ke|yemem�madyto attack the m/estcua�. The pndfichad priority until the war began, but then priority switched tn the North Atlantic, Anan automatic ally of'Britain[anada expected to fight ina coming war on the European front. However, as early as 1986 Maritime Command held planning meetings for home defense from a potential attack by the navy of Nazi 6ennan� Saint John was recognized as strategic since its Coortenay Bay dry dock, completed in 1933, was the only facility unthe {unadianseaboandcopab|cof/epairingthe|avgestpasaem0e/vessebandwa*hips.Overthe next two years plans were developed to equip the port with modern defences beginningwith a main battery on Partridge Island. Supporting batteries were scheduled to be built at Pmt Dufferin and the Courtney Bay breakwater, In Saint John the Royal Canadian Artillery began training to prepare to man the coastal defence guns in new forts once they were built, Their name was changed to the 3rd (New Brunswick) Coast Brigade. During the summers of1938 and 1939 the 3rd [oast Brigade trained in Halifax since coastal guns had not arrived yet in Saint John. When the Canadian government received the telegram from Britain the night of August 25-26 to prepare for war, its defence headquarters knew what to do. Volunteers from the Saint John Fusilles immediately took upguard pmitionsat Barrack Green Armoury, the dry dock and the government radio station a| Red Head. The 3rd Coastal Brigade sailed back from training in HaUfax. VVkhio the - ^ weekun\eptembe1'iheCaomUaoUnvemmenAnrdere4 full mobilization ufmilitia. New Brunswick militia leapt to defend sensitive coastline and installations. Troops on site at Barrack Green, were -� ready to move quickly to any disturbance, By September 4 Partridge Island had 171 officers and men in residence ln the Island's old quarantine station buildings. Military r / engineers had guns mounted on new concrete platforms by September 1U. and two commercial searchlights were installed on the Island to skim the waters below the guns x456 Frigate, HMCS Saint John, Mv|efreyBay, Vva|es20 May 1B4*-momueamcn||ecdon#1993I atnight�Theharbuurwa�aga�ude�nded� The Saint John dryclock with its skilled tradesmen was key for war time ship repair and commercial shipping on the east coast. This made the harbour a potential target for the German submarines and U-boats. No attacks were ever launched although German records later showed its vessels kept track of the Saint John harbour traffic. ` By 1942 the central gun operations room at the Armoury was the centre for tracking and plotting all air activity in the area. Telephone communications linked directly to the air force. From this room staff coordinated the anti-aircraft guns around the city. Reductions in Canada's homeland defence came from the desperate Allied situation in Europe More Canadian troops were sent overseas to replace the wounded and dead. By fall 1843 the Saint John strength was cut from l600tnsome 1,800 to help meet that urgent need for reinforcements for the Canadian Army, In 1943 radar was installed on a temporary wood tower behind Mispec Point. The A Coastal Regiment provided the operators for this new defence tou|. Radar proved to be very useful for Saint John coastal defence since neither fog nor night blackouts affected its readings, Its operators had direct telephone connection with the fire command post. WWII aerial photo of Barrack Green area, August 1942. 14. Wright Collection # 1610 55 TTT no � EL ap, 1945. H, Wright Collection ~~-- -- 12 ^ r%7/?. . ...... - new homeland. Later some of the company converted to artillery. That is 3rd Field Regiment RCA why 3rd Field Regiment, RCA is now the oldest continuously serving in (The Loyal C�ompany) Canada. 6, I, Oil On May 4, 1793 the Loyal Company was formed as a night watch The Loyal Company manned local defences during the War of 1812. The a company in Saint John to assist in combating the immediate threat of St. Andrews Battery was reformed in early 1866, while No. 1 Battery y attack from French privateers. As veterans of the Revolutionary war this manned the guns of Partridge Island to defend Saint John from possible N core of local men was prepared to use their military skills to defend their Fenian attack, No. 7 Battery in Chatham underwent annual summer gun 1893: Regimental Officers during The Loyal Company's centennial year. — H. Wright Collection 13 56 1954: Officers enroute to Camp Picton, Ontario for anti-aircraft training. — H. Wright Collection In 1944 German submarines were equipped with snorkel masts for air exchange that eliminated frequent surfacing, That summer the German submarines returned io Canadian coastal waters in force, They had success in sinking Allied vessels. Canadian naval radar operators were unable to detect the small snorkel as a target. For the next year the defence network on Partridge Island and mounted around the Saint John harbour was oncontinuous alert to protect warsNps being repaired at dryclock, and the city itself from the enemy. Even after the German surrender on 8 May 1945 Maritime Command kept Partridge Island defences operational for three weeks in case a rogue German submarine decided to make a last attack on the Maritimes. Activity of the Once the war ended army personnel dismantled and removed the equipment from all Saint John defences, Armament specialists maintained the equipment and ammunition collected from the various Maritime defensive installations at central depots in New Brunswick and Halifax. Although the Soviet Union had been an ally during the war the Canadian government was wary of the Soviet power and its expansionist agenda. Concern for future defence of Canada's coastal waters grew with the Soviet development of its submarine fleet. It was intended the stored equipment for Maritime Command would be available quickly ifneeded, By 1956 weaponry had changed so much there was no place for artillery, Navies were equipped with long range missiles. The militia's coastal artillery unit mt Saint John was disbanded, and Partridge Island Battery was removed from the army's mobilization plans. drill. Newcastle also had a battery for part ofthe 19th century. None of these potential conflicts materialized into war in New Brunswick. No shots were fired in anger, It was a different story when 3rd Field Regiment, RCA Gunners from around the province served in South Africa during the Boer War. The Loyal [ompamyvasplacedom4cdveommicein l914. During the first World War it provided over 2,000 gunners for service, including the 4th 1993: Regimental Officers during The Loyal Company's bicentennial year. — H. Wright Cohection and 6th Overseas Siege Battery, the 2nd Canadian Divisional Ammunition Column, and reinforcement drafts nf the 9th Overseas Siege Battery, |n1930the Regiment was granted the subtitle (The Loyal Company) in recognition uf its formation by Loyalists io1798.|n19b2thissmhthlemma again m-authodoadhy General Order. |n Saint John the Regiment has the honour uf firing the Loyalist Day 21 gun salute, the only such honour in Canada. In 1939 immediately as World War U began, the Loyal Company manned coastal and anti-aircraft defences in Saint John, Fort Mipez was the heavy counter- bombardment battery for Fortress Saint John. Partridge Island served as both counter-bombardment and as the examination battery, The 81h Battery manned anti-aircraft guns at Loch Lomond and Fort Mispec. The 89th Battery served overseas as part oythe 1st Canadian LAA Regiment and later asa Company uf the Lanark & Renfrew Scottish Regiment in Italy. Now into its third centuryofemice, the Gunners mf the 3rd Field Regiment ln Saint John and Woodstock have served with the Regular Force in CPB Gagetown and also with the International Security Assistance Force (|5AF) in Afghanistan. The 3rd Field Regiment (The Loyal Company) is recognized and honoured for its professional skills, its long service and its readiness to accept the challenges ofwar. Ordnance Building 1842-2009 British Military Ordnance Building 1841 - 1842 The British Military Ordnance Building at Barrack Green is the only military building remaining in Saint John from the time of British military defence of the city that ended with Canada's confederation into a sovereign country in 1867. Its architecture exhibits how British military engineers designed a utilitarian building in classic military simplicity reminiscent of conservative 18th century military buildings. However its architecture shows an awareness of the popular decorative Queen Anne style that began sweeping Britain in the 1820s. The two storey, sturdy masonry structure designed earlier and built in 1841 -1842 is a simple rectangular form of irregularly- coursed multicoloured local stone, with regularly-spaced windows and a very few simple decorative details, The pediment above the window and the lower sill on the window are a Queen Anne influence, Both are white limestone of similar width contrasting with the irregular, multicoloured fieldstone. Rough sketch of plan for Ordnance Building — National Archives of Canada # NMC 58335 The windows are in groups of three upper and two lower windows on either side of a door. The same rhythm of windows and door is repeated on the left and right sides of the building's front facacle. Separating the two halves are the two central loading openings in the front facade, segmented and arched to agow entry for wide and tall loads (wide enough for a horse and wagon to unload inside). They give greater 7 presence to the focal central point of the building. tii To enhance the building, white stone blocks (called quoins) were A- inserted in a tooth-like pattern biting into the coloured fieldstone at each of the building's four corners. The same white limestone is used to create prominent pediments abo ve and sills below each of the Georgian window openings. The tail windows are the classic six over six glass panes in the double-hung sash windows. f Door openings and the two central loading doors L11— in the seven bay L block also have decorative white limestone quoins on each side T J, R below t 'N F he white stone lintels. The split door on the upper storey Ell opening has a hoist attached to the pediment to raise large items easily for storage on the second floor. ,4 In the original building, eveniy spaced between the two chimneys are three small dormers at the roofline. Each is topped with a classic pediment above the window. The 1841 symmetry of the front facade is perfect. However, the British Military Ordnance Building's exterior L ra i:r appearance received major alterations several times in the 20th century that affected its symmetry and classic elegance. Approved plans of Ordnance Building, 1842 National Archives of Canada # NMC 985 15 P11 - Canadian Military Ordnance Building Changes __ 1911 After the terrible 107Saint John fire that swept away much of the centre of the city, the British military grounds at Barrack Green lost most of its wooden buildings. The two- storey stune8vdnmnoebui|dingwms|eft standing, its roof a gaping hole after the wood shingles and beams were devoured by the fire, with the stone chimneys alone against the sky. |n1BO4 the Ordnance building was turned over tu the newly formed No. QDetachment, Canadian Ordnance Corps, asa storage place for stores and equipment. This corps, part of Canada's regular army, were responsible for securing and maintaining all necessary equipment. The building also became a barracks when necessary for the mi|rtia and visiting artillery gun crews. On maps and plans, and in written communication the building's name had changed in current military form to "Building 36" on the Armoury When the new Armoury was built in 1911^ it was decided 1u redesign the Ordnance 8oiWUog to complement the style of the new building and 1n make its space more appropriate for current meeds. The length of the building was increased by a third to provide three regularly-spaced additional bays. The interior of the upper floor was given additional space with a copper mansard roof like the one on the Armoury, Besides complimenting the Second Empire roof style nf the new Armoury building b gave greater interior height and more usable space than the original peaked roof had to the second |omi Close to the lower edge ufthe mansard roof new dormers with pediments were placed to reinforce the regularity and symmetry of the long exterior fa�acle. Larger dormer windows also brought more light into the second storey interior. These important changes were sensitive to maintaining the proportions and character of the original classic fa\acle of the military building. Inside, the building's space was dramatically changed tobo more useful m the staff that now worked there, For instance, staff needed alarge central meeting hall, not space for a horse and wagon inside the wide central doors. Washrooms, offices and more spaces with shelving and drawers to provide adequate storage were designed, Army operations in1911required an elevator for moving stores to storage mnthe newly enlarged VhhJ floor, One was designed for installation near the loading dock at the Sydney Street entrance. This meant a box-like structure had to be erected no the flat mansard roof for the elevator tmfunction. , �^ m L J111 =��H9��~=� � � ~~~~~ ' - 17- FT - - Alterations and additions u, Stores Building roof and =muvw` c1911 - National Archives ofCanada #Nm{50a9 and wmM[5834I ~ ~ ^ Alterations and additions #, Stores Building military grounds face, c1m1 ^ -watiomal Archives of Canada #NMc58341 sLsrnT'Ow FAmWA M/urARv GmmvwmS SCR4,z war -� �� ~~� ALTERATIONS AND AMMONS TO STORES aUILOINw N�� CAP C4�VATWN FACINO SYDNEY ST- Alterations and additions to Stores Building Sydney Street face including details of door, c.19n - National Archives of Canada #NmCsaa^/ and :mmC 58340 /t the beginning ni World War | the building with 15,000 s4 feet of storage space was being used for the same purpose plus an office space. By this time Building 36, plus the older wooden drill hall on the Armoury sNo, stored all the equipment of Military District 7. However, the ammunition for the District was still stored behind Fort Howe Hill io the stone magazines constructed io17B0and 1800. During World War M Building 36 was needed primarily for office space. As the war continued another ordnance depot was constructed \n 1943 off the site and the connection with the Ordnance Corps ended, Then Building #36was turned over to the "Reserve A/my". '0 & 0 R. =r Ordnance BW~Ud`0g Changes -?957 Theexterkx changes undertaken in 1957 after the war were not as sensitive to the original building's design, but they were more practical for the staff that used the building. Client concerns were foremost when the building was remodeled and not the exterior appearance of the building. The Heritage Department of Parks Canada prepared an assessment of the historic qualities of the Ordnance Building prior to the building being placed on the Canadian Register of Historic Places as a national historic site. It noted, "The alterations have undermined the regularity of the fa�ades, the south end dormer; the doubling of the opening of the , upper storey west fa{ade, southern-most window; and various door/window reversals, All these have marred the complementary design of the building's z n two periods." Commercial Properties Limited, the new owner, is eager to rehabilitate this historic building that has been part uf Saint John for over 168 years, When complete d the building's interior space will meet the needs uf21st century business clients, while its ------------ exterior will remind people of the significant role of this British Military Ordnance Building in Canadian Revisions to building #36, Manning Depot, end views, 1957. history. -~ y ! After reconstruction work on the Ordnance Building in the 1950s to make it more useful for offices, the 182 Manning Depot was placed in the building from 1957 until 1966. The former Ordnan building as HMCS Brunswicker, the home nf the Canadian Naval nesameUoit in Saint John, 1985—H. Wright Collection w65G6 Ordnance Building, Sydney Street fa�ade, March 2009 When b became the home of the Canadian Naval Reserve Unit in1966 the building was rechristened "8mosmhckm^ in memory nf the 18th century wooden sai| vessel that first guarded Lower [uv* shoes. Staff were Naval Reserve Officers. In 1995 the offices and operations ufBmmswicke moved again to a new building designed for the Naval Reserves no the harbou/ at [besXeyD/im\ Saint John. Since then the historic Ordnance Building has hosted various commercial tenants while the site was still the property of the Department of National Defence. In 2009 it was yn|d to Commercial Properties Limited who will rehabilitate the exterior nf this national historic building to reflect its long service in the defence nf Saint John. New Brunswick is proud tn recognize this British Military Ordnance building that inthe past two centuries has been part uf Canada's military historythmughmanycun#ictcrises and two world wars. Now in its third century, the Military Ordnance Building will continue to he part of the built heritage u/ Saint John. Its history and refurbished fa�adewill be shared with the world on the national Canadian website, Current home of HMcwmnswicke Chesley Drive, Saint John October 21, 2009 Our File 44970 Mayor Ivan Court and Members of Common Council G. Patrick Gorman, Q.C. City of Saint John Lynn A. Nason, Q.C. P.O. Box 1971 Ralph D. Poley Saint John, N.B. Frank P. Hamm E2L 41_1 Frederick A. Welsford Dear Sirs & Madam: John J. MacGillivray RE: Zoning of 40 Forest City Street, John M. McNair Saint John, N.B. PID #55117824 Timothy M. Hopkins owned by Mark & Kate Craik Caroline J. Higgins I am the solicitor for Mark and Kate Craik who own the above mentioned property. Peter H. MacPhail This property has a three storey twelve unit apartment building constructed on it and the Sylvie Daigle construction occurred in the spring of 1976. 1 have been informed by your Planning Department that this property was re-zoned on March 10 "", 1976 to RM-1 to allow the construction of the three storey multiple unit apartment building. The building has Henry J. Marquis, Q.C. remained unchanged since it was constructed in 1976. 1930-2001 1 have acted for all of the successive owners of this property since 1976 and no application has ever been made by such owners to re-zone the property from the proper zone of RM-1 to the present R-2 zone. 121 Germain Street I have been informed by the planning staff that the City had hired an outside firm to scan the planning maps and for some reason the spot zoning of my clients' property P.O. Box 7286, Station A had been missed on such scanned map. I have been further informed that when the City Saint John, New Brunswick passed the new zoning by-laws, it inadvertently re-zoned my clients' property to R-2 and Canada E2L 4S6 such inadvertent re-zoning had not been noted until my clients agreed to convey the property and the purchaser's solicitor discovered the R-2 zone. Telephone: (506) 634-8600 1 have also been informed by staff that your council have no means of reversing the error which has been made in this matter without a formal re- zoning of the property. Facsimile: (506) 634-8685 1 was also informed that the City has the authority to re-zone property on it's own (506) 634-8686 initiative without an application by the property owners. This may be true, but I believe the City must carry out the proper advertising and comply with the notice provisions for re-zoning before re-zoning any property on its own motion. WWW.GORMANNASON.COM 62 Page ...... 2 .../2 Mayor Ivan Court and Members of Common Council City of Saint John - 2 - October 21, 2009 Because the City erroneously re-zoned this property without the knowledge or consent of the owners, and it appears, without notice being given, I would ask that the City now, on its own initiative, re-zone the property to RM-1 as soon as possible so that my clients will not be further impacted financially because of the inadvertent actions of the City in the past. Could you please inform me as soon as possible whether or not the City will re- zone the property from R-2 to RM-1 on its own initiative and costs or take other such corrective action you may consider appropriate. My clients are now past the original date for completing their sale of the property and the sale may fall through because of the R-2 zoning. Ian/jps If you have any questions concerning this matter, do not hesitate to contact me. 63 Yours very truly, GORMAN NASON L n A. Mason 0 i i ct �iN rect Line: 636 E-mail: Ian@gormannason.com aw 1019 Seawood Lane, Saint John, NB, E2M 3G8 Tel: (506) 672-6858, Fax: 634-7423 Non- Professional Office: 55 Canterbury Street, Suite 1. 02, Saint John, NB, E2L 2C6 P.O Box 6446, Station A, Saint John, NB E2L 4R8 Tel: (506) 632-0096, Fax: (506) 646-8888 e-mail: teedle 0amb.sympatico.ca Common Council City of Saint John City Hall, 8th Floor 15 Market Square P.O. Box 1971 Saint John, NB E2L 41-1 Your Worship and Councillors, Re: Destination Saint John A great deal of promotion, discussed and lectures have emphasized the concept that Saint John should be a "destination City". In other words people travel to Saint John as their objective. Saint John has so much to attract people. On reviewing the present tourist promotion I noted the term "Venue Saint John" is used. I am not clear what it means but generally it means place or locality. In keeping with the new emphasis on "Destination Saint John" it seems that possibly a change in the name of Venue Saint John to "Destination Saint John" would be more appropriate. The meaning destination is a goal, get to, visit and in general parlance means the place I am going to. It is also a bilingual word with the same spelling and meaning in both official languages "Venue" does not have the same connotation. It is suggested the appropriate City Staff be requested to consider the changing of "Venue Saint John" to "Destination Saint John" and if found more appropriate take steps to have the term "Destination Saint John" used on future tourist promotion or report why such change should not be undertaken. 64 October 20, 2009 The Common Council of Saint John. Your Worship and Councillors. It is with astonishment and disgust that 1 now find goverment officials at the provincial and local level acting together as if public funds belong to their personal account. I am talking about the Telegraph - Journal article of October 17, 2009 under the heading "Walsh Settlement Reached," where the Attorney General announced "that Judge McCaroll, who prosecuted Walsh at the original trial, was completely absolved of any wrongdoing, as was the Saint John police force." There is absolutely no rational or legal obligation to arrange a confidential settlement so as to keep the citizens in dark about these public funds. It undermines public trust and beyond this case, it sets a precedent that is not in the public interest and no benefit to society. These funds are being paid as damages for alleged wrongdoing, and they do not fall into the category of secret budgeted funds for fighting crime or to cover other cases where it is sometimes necessary in the public interest to keep from the public, expenses related to specific police activities. Again, it is a case of government officials mixing ends and means and concluding that the end justifies any means, especially if the possibility of embarrassment can be avoided through the expedient process of settlement with public money. Under Section 17 of the Police Act "A Municipality is liable in respect of a tort committed by a member of the police force..." and "may, in such cases and to such extent as it thinks ft, pay any damages." There is nothing in the Police Act to allow the amount of these respective damages to be kept from the citizens of New Brunswick and the citizens of the City of ,Saint John. To do so is another abuse of power. While it is true that it is reasonable and normal to reach an out of Court settlement in a civil case, it is quite another thing to be exonerated by one or more of the parties to the action, then judge the case with no impartiality, and go on to slap democracy in face by hiding the settlement amount in the dark recesses of the government bureaucracy. This form of confidential settlement to keep the amount from the public does more to tarnish the administration of justice in the broader sense than any incidents or procedures referred to by the Attorney General when he "acknowledges and agrees that a miscarriage of justice may have occurred respecting the 1975 conviction..." As a former member of the RCMP and a Crown Prosecutor I know that a Police Force combined with a Crown Prosecutor is a frightening combination of power. Consequently, the public interest is not and cannot be served properly when public funds are used in a secretive way to a settle an alleged abuse to a citizen from the use of police power and /or the action ofjustice officials. Specifically, I am requesting answers to the following questions. 65 1. With the Police Force absolved of any wrongdoing, under what heading is the City of Saint John liable for any part of the settlement? 2. If the settlement turned on the fact "that a miscarriage of justice may have occurred," what amount did the City contribute to the overall settlement commensurate to the miscarriage of Justice? 3. Who negotiated and provided the legal input into this settlement on behalf of the City? 4. What legal authority is the City relying on to keep its settlement amount frorn the public, when the Municipalities Act states, that "Except as provided by regulation, no agreement, contract, deed or other document made or issued after January 1, 1967 67 to which a municipality is a party has any force or effect unless it is (a) sealed with the corporate seal of the municipality, and (b) signed by the Mayor and Clerk." 5. What authority is the City relying on to authorize the City's signing officers to execute any settlement outside of a duly constituted public meeting? Yours truly Frank Rodgers (source verified eg) Cc: Hon. Michael Murphy Q.0 Mr. Jody Carr, MLA Telegraph- Journal .. SAINT JOHN October 22, 2009 Mayor Ivan Court Members of Saint John Common Council City of Saint John PO Box 1971 Saint John, NB E2L 41_1 Your Worship and Members of Common Council, RE: REQUEST TO PRESENT 2009 WORK PLAN UPDATE AND 2010 WORK PLAN HIGHLIGHTS Enterprise Saint John's mission is to create the environment for prosperity in the Saint John Community by inspiring and supporting people, ideas and investment. We work with partners to further position Saint John as a magnet for innovation, creativity and business investment. While we continue to support and assist entrepreneurs and existing businesses, and aggressively look to attract new investment, the sustainable growth of our workforce continues to be our highest priority. To ensure that we continue to coordinate our efforts, we respectfully request the opportunity to appear before Mayor and Council at your earliest convenience to present an update of progress made on our 2009 Work Plan and key elements of our 2010 Work Plan. We are seeking feedback from Mayor and Council. As your Economic Development Agency, we strive to ensure our objectives complement the City's. We look forward to working closely with members of Common Council as we work together toward making Saint John a community where you can live life on your terms. Yours truly, ,pp. k1A I Bob Manning Chair, Enterprise Saint John Grand Bay - Westfield * Quisparnsis ® Rothesay * St, Mllartins e Saint Jahn 67 ............. . . . ............. ................. . ............ . ........ . ......... REPORT TO COMMON COUNCIL M & C 2009- 357 October 26, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Common Council: SUBJECT: Proposal 2009-088002P — Website Redesign 1*,� Ir City of Saint John The purpose of this report is to make a recommendation for consulting services to redesign the City of Saint John Website. BACKGROUND: In August of this year, staff reported that a Request for Proposal (RFP) to engage consulting services for the redesign of the City's website was prepared and in the process of being issued. The RFP called for a redesigned site that allowed Council and the Administration to interact with the public and to create a virtual City Hall — designed on the ease of use and view point of our citizens. The site was to embed the City's Accountability Framework; supporting e-government transactions and integrating GIS to access a variety of data. Our goal is to develop a site that raises the bar and breaks new ground in terms of bow a municipal government showcases and delivers services. The selected firm had to demonstrate a thorough understanding of the task at hand; that this was a unique and innovative piece of work. A generic standard website focused on aesthetics as opposed to functionality would not be considered. MEMINEEMMEIRM M. ANALYSIS: Nine responses to the proposal call were received. In adherence to policy and procedures concerning the engagement of professional services, the bids received were immediately referred to an Evaluation Committee. The Committee, consisting of the Deputy City Manager; the Manager of Information Technology, Communications Manager, Manager of Corporate Planning, GIS Manager and Corporate Project Coordinator, evaluated the proposals based on the quality and completeness of the response, the professional credentials and experience of the proponent, proposed value added and methodology and cost. The first round of evaluations resulted in a short list of three vendors who rated high in all categories. A second round of evaluations involved a presentation by each of the vendors and a question and answer period. On the basis of the evaluations, the Evaluation Committee is recommending that the contract to redesign the City of Saint John Website be awarded to ISL (Internet Solutions Ltd.). ISL is a large and experienced Atlantic Canadian web marketing and development firm. Since its inception in 1995, the firm has always been solely focused on the web and has extensive experience and success with Government and not for profit industry. Through their proposal and presentation to the evaluation committee, it is clear that ISL genuinely understands and is committed to partnering with the City of Saint John to ensure a website that augments our commitment to accountability, continuous improvement and customer service. FINANCIAL IMPLICATIONS: The proposed cost of work as represented by ISL to redesign the City of Saint John Website is $89,500. This cost includes five deliverables — a summary of current industry best practices and innovative approaches, a detailed project plan, a redesigned website built around the City's Accountability Framework including standards for graphics, a five year business plan and a content management strategy. Funds to cover the cost have been designated in the operating budget and will be cost shared between the Communications and Corporate Planning Departments. R RECOMMENDATION: It is recommended that proposal 2009- 088002P City of Saint John - Website Redesign be awarded to 1SL in the amount of $89,500 and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J&tri�ck Wo ods, C.G.A. Acting City Manager 70 M &C2009 -351 October 21, 2009 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council, SUBJECT: Contract 2009 — 33: Crack Sealing - 2009 BACKGROUND: Im The 2009 General Fund Operating Budget included a provision for the crack sealing of the asphalt pavement on McAllister Drive from Rothesay Avenue to Loch Lomond Road. The work consists generally of cleaning the asphalt pavement cracks by high velocity blowers and immediately filling the cracks with a hot rubberized joint sealing compound which adheres and seals the cracks in asphalt pavements. A sprinkle of cement or agricultural lime is then applied to prevent tracking of the sealant by vehicular traffic. The total length of asphalt cracks to be sealed is approximately 10,000 metres. TENDER RESULTS: Tenders closed on October 21, 2009 with the following results: 1. Road Savers Maritime Limited, Chester, N.S. $48,025.00 2. 624091 Alberta Ltd. o/a R & N Maintenance - Western, Guelph Ontario $395,504,520.00 The Engineer's estimate for the work was $44,070.00 ANALYSIS: Three tenders were reviewed by the Tender Opening Committee and two tenders were found to be formal in all respects. One tender was rejected pursuant to Division 2 of the General Specifications — Instructions to Tenderers and Tendering Procedures, Clause 2.15(k) due to the fact the tender did not include the unit price written in words in section 4.5. The tender from R &N Maintenance contained an error in mathematics. The error in mathematics was corrected in accordance with Division 2 — Instructions to Tenderers and Tendering Procedures, Section 2.18. The above tender results include the corrected total for R & N Maintenance. It appears that the 71 M &C 2009 -351 October 21, 2009 Page 2 R &N Maintenance tender mistakenly included the total bid price (less contingency and HST) in the unit bid price section. When the error in mathematics was corrected by the Tender Opening Committee by multiplying the estimated quantity of units (10,000) by the unit bid price the total tender price for evaluation purposes was $395,504,520.00. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS: There is $40,000.00 provided for crack sealing in the 2009 General Fund Operating Budget. The projected completion cost is estimated to be $43,957.24 including the City's eligible H.S.T. Rebate — a $3,957.24 negative difference in the General Fund Operating Budget. This Contract is prepared in such a way that the quantity of work can be increased or decreased without penalty. Staff will monitor the progress of the work and maintain the expenses to the budget allocation. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of constriction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION: It is recommended that Contract 2009 -33: Crack Sealing - 2009, be awarded to the low tenderer, Road Savers Maritime Limited, at the tendered price of $48,025.00, as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfidly submitted, J. M. Paul Groody, P.Eng. Commissioner, Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 72 M & C — 2009 -355 October 23, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Offer to Purchase City -Owned Land Robert Hoy, Latimore Lake Road BACKGROUND: In September of 2009, Common Council adopted a policy to support the practice of selling or exchanging watershed lands owned by the City, which lie outside of the watershed limits for the purpose of acquiring sensitive lands within the watershed limits or alternately generating revenues earmarked to assist Saint John Water in the acquisition of lands within the watershed limits Staff had indicated in the report to Common Council that there has been interest expressed by individuals in the recent past. One such interested party was Mr. Robert Hoy who has expressed interest in purchasing a lot of City owned land outside of the watershed limits proximate to Latimore Lake. In this instance, the parcel of land would accommodate a single dwelling. The lot would be a flag shaped lot and is 4 hectares + /- (10 acres + / -) in area as required by the Zoning By -law. A long private driveway will need to be created through watershed land to access the developable portion of the lot. The plan created to convey the land would expressly restrict development to the land outside of the watershed. Also, the portion of the lot which will house the development is set back from the watershed boundary by more than 50 metres. Unserviced single family lots are valued in the order of $20,000 in this area; this parcel however is larger than a typical building lot (due in part to the By -law requirement) however there are exceptional costs associated with creating the long driveway through the watershed portion of the lands. It is estimated the driveway will cost a minimum of $15,000 to develop, perhaps as much as 73 Report to Common Council Page 2 October 23, 2009 $20,000.00. As such a value of $10,000 was negotiated to reflect the exceptional driveway costs. The City has recently secured appraisal work for lands within the watershed but outside of the Provincial development control zone which supported a value of less than $1000 per acre. These lands are outside of the watershed limits and have values somewhat less than the aforementioned lands within the limits. Staff are therefore of the view that the negotiated purchase price represents fair market value for the property. Again, it is the desire of Saint John Water to have any proceeds of sale in these type of transactions earmarked to an account specific to their organization, as such proceeds will be directed to an account of the Utility. RECOMMENDATION: That The City of Saint John subdivide and sell a 10 acre + /- portion of PID 335919 to Mr. Robert Hoy for $10,000 plus HST if applicable on or before November 30, 2009, and further that the Mayor and Common clerk are authorized to execute /sign any document or plan necessary to effect the transfer. Respectfully submitted, Ken Forrest, MCIP RPP Commissioner Planning and Development Patrick J. Woods, .C.A. Acting City Manager 74 b F 9 o � & i; Mm a aaw�a3a� Li g z¢ a a $ g Y og 8g z OdOb 3)fvl 3a0YVU VI $ nm�m$ F3 y. o� a ��zWww_ m c� Z c PP z m WyFW� N VI Q Z 0 pR' m 0 h ¢ O: J U Z Z\ zoo z �� g � N C) 1 A zm+ o F X� og 5� <� �U a N F z w N z Z m> `�� W 5)- �i �_ w x ® 3 a ° < O RG8 � _ < o<F vi� zi1J z QZWm Z=V 8 p d zgaw h v<~i m`< ww� o Baia o g`= o 0s- gF�` ` =<g =Ni 96 Z Z� � I V221==pOpOV >O )g) Fm JNW Uz wz F W O w F 4 Z F O J O W 0 0 Z H oz �=<W�U Z..S5 F< < K O U <OW <-UH ° O; m�° J W W H m W J V gSNWm��+ g `agg g �Aa�oNWg �$ P6oW 5UUo W �WW'mNj°K M0.� < W a ° i s°IN Fl F- `w oa� <mo`ii'-N7 LO ti 6a mn �g �o ?o n z z eve z�m Co OM m z z z'Rz < O O W U Vol O Fpwa O g _ aaQeaaaa mm M &C- 2009 -350 October 21, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 29 -47 Sewell Street & 69 -75 Dorchester Street and 347 -351 Main Street 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 hearings. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Saint John Parking 29 -47 SeN -,yell Street "RM -1" `13-2" To permit a Commission & 69 -75 Dorchester parking area Street Anron Inc. 347 -351 Main `BR" `13-2" To permit an Street apartment building N -, ith commercial storage in the basement 77 Report to Common Council RECOMMENDATION: Page 2. That Common Council schedule the public hearings for the rezoning applications of the Saint John Parking Commission (29 -47 Sewell Street and 69 -75 Dorchester Street) and Anron Inc. (347 -351 Main Street) for Monday, November 23, 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 J. Patrick Woods, CGA Acting City Manager KF /r 78 REPORT TO COMMON COUNCIL M & C — 2009 -354 23 October 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Fire Station #2, Loch Lomond Road Pavement Reconstruction BACKGROUND: } City of sent John Included in the 2009 Capital Budget was an amount to cover the cost to undertake pavement reconstruction to the parking area associated with Fire Station 42. This project includes, but is not limited to, the removal of the existing pavement, excavation, grading, patching, asphalt padding, paving and landscaping as required. ANALYSIS: Tenders for this project closed on Wednesday October 21, 2009 with 3 companies responding by submitting bids. The following is a list of the responses received; Classic Constriction Ltd. $72,246.55 Debly Enterprises $54,692.00 NRB Constriction Co. Ltd. $76,06030 • Note: These prices are inclusive of the applicable tax • Engineers Est. $53,198.14 79 Page Two ANALYSIS... Cont' d; Staffs from Materials and Fleet Management and the Saint John Fire Department have reviewed the tender submitted by the lowest bidder and have found it to be complete in every regard. FINANCIAL IMPLICATION: If awarded as recommend, the total cost to undertake pavement reconstruction at Fire Station 42 will be $54,692.00, tax included. This is a planned expenditure for which fiends have been included in the 2009 Capital Budget. RECOMMENDATION: It is recommended that the tender for pavement reconstruction at Fire Station 42, be awarded to Debly Enterprises ltd., in the amount of $54,692.00, including taxes. Respectfully submitted, c_J David Logan Purchasing Agent Patrick Woods Acting City Manager - REPORT TO COMMON COUNCIL M & C — 2009 -353 23 October 2009 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Rebuild 1988 Vohl Snow Blower Attachment #703 -1 BACKGROUND: } City of sent John Attachment #703 -1 is a key tool in the City equipment inventory for winter snow removal. The 1988 Vohl Blower attaches to the largest frontend loader in the fleet and is used to remove large volumes of snow in very short order. The Vohl suffered a major mechanical failure at the end of the 2008/2009 winter season and while City forces were able to complete their snow removal operations at that time, the prospect of entering the 2009/2010 winter without a machine with the capabilities and capacity of 703 -1 are not very appealing. In our continuing effort to maximize available fiends for the replacement of City of Saint John Fleet Vehicles, staff of the Materials and Fleet Management has explored the possibility of rebuilding rather than replacing the 1988 Vohl Snow Blower Attachment. Materials and Fleet staff investigated the feasibility of purchasing a used or rebuilt blower attachment but the cost of a rebuilt was in the magnitude of $120,000.00. This option was not viable with the fiends available for the repair /replacement of this unit. Staff next undertook discussions and ultimately sought bids from three suppliers of these machines to repair / rebuild the existing unit. This action will extend the life of this attachment and allow staff sufficient time to explore other cost effective means to meet this need. Page Two ANALYSIS: Three bids were requested from qualified Vohl Blower repair vendors to refiirbish the unit's clutch, 0-rings, filters, seals, Engine, Radiator, and Fan. Saunders Equipment, Fredericton $46,500.00 Parts for Tricks Inc., Saint John $29,904.88 ITS Fleet Maintenance, Saint John $29,729.80 FINANCIAL IMPLICATIONS: The cost to repair /refiirbish a 1988 Vohl snow blower attachment will be, if awarded as recommended, $29,729.80. Funds to cover the cost of this purchase are available in the 2009 Fleet Reserve Fund. RECOMMENDATION: It is recommended that the City of Saint John accept the quote submitted by ITS Fleet Maintenance to repair/ rebuild a 1988 Vohl Snow Blower Attachment 4703 -1, at a cost of $29,729.80 plus HST. Respectfully submitted, David J. Logan Purchasing Agent Patrick Woods Acting City Manager 82 REPORT TO COMMON COUNCIL MM11myMe IMM11190M IMOMM41111111611 • • SUBJECT: Legal Expenses Incurred by the Planning Advisory Committee New Brunswick Assessment and Planning Appeal Board Case Respecting 117 Carleton Street That Common Council pay up to $6, 000.00 in legal expenses to represent the Planning Advisory Committee at the Appeal Board hearing for 117 Carleton Street and that any additional expenditures will require the further authorization of Council. A final invoice has been received from Gorman Nason, the firm representing the Planning Advisory Committee in the amount of $8,250.19 including HST. In accordance with Council's previous resolution, further authorization is being sought from Common Council for an additional $2,250.19. 111:1realls That Common Council authorize the expenditure of an additional $2,250.19 to Gorman Nason in exchange for legal services rendered • represent the Planning Advisory Committee at the Appeal Board hearing for 117 Carleton Street 83 Presentation to Saint John City Council by Meera Karunananthan, national water campaigner for the Council of Canadians October 21, 2009 1 thank the city council of Saint John for allowing me, on behalf of the Council of Canadians, to present the Blue Communities Project a bold new plan for community action on freshwater developed by the Council of Canadians in collaboration with partners in the environmental, social justice and labour sectors. We are calling on municipalities to address the Canadian water crisis by adopting a water commons framework by recognizing water as a human right, by phasing out the sale of bottled water in municipal facilities and at municipal events, by declaring their jurisdictions P3 free in the area of water and wastewater and by adopting a strict plan to conserve water in collaboration with members of the community. The planet is facing a freshwater crisis as we run out of freshwater in many parts of the world and there is a growing recognition that Canada is not immune to the effects of this crisis. According to Environment Canada, only 1 % of our water is renewable yet 60% of our GDP is directly dependent on water. Why Blue Communities? Canada's water is under growing pressure from privatization, underfunding, pollution, scarcity, climate change and international trade deals. The need to protect water resources and services is urgent. Unfortunately, there is a strong lack of leadership at the federal level to address the water crisis. Without a national water policy, we do not have the necessary legislative safeguards to protect Canadian water resources. We have not mapped out groundwater resources and a third of our municipalities have faced water shortages, yet we are giving bottled water corporation the permission to extract vast amounts of water and ship them to other parts of the world, we are allowing metal mining corporations to dump toxins directly into lakes and rivers, we are building landfill that are leaching into groundwater resources and the list goes on. The federal government fails to recognize water as a human right and will not take necessary measures to address the needs of communities that have been denied access to safe clean drinking water. We do not have a federal ban on bulk water exports and the federal government is putting pressure on municipalities to adopt private - public - partnerships despite the evidence that they have not served the interest of people and the environment anywhere in the world. This is why a number of organizations have launched the Blue Communities Project to encourage communities we are turning to municipal governments to reclaim control over water resources and services. The Blue Communities Project promotes a water commons framework at the community level. Communities feel the impacts of water shortages and contamination much more directly than provincial governments. Local governments across the country have proven to be far more accountable to their constituents and much more receptive to the demands of community activists working to protect water resources. At the same time the authority of local governments has severely been undermined by international and regional trade deals that promote the interests of corporate investors above 84 people and the environment and by inadequate funding for essential public services. Communities around the world have addressed this by reclaiming power and control at the local level to avoid situations like what we have in Saint John where poor provincial planning has forced the local government to buy back watershed land in order to have better control over contamination of the community's water supply. What is a Commons framework? There is a growing battle between those who see water as a commodity or a lucrative business opportunity for a handful of people and those who want to protect water as a commons that belongs to equally to all and must be protected for future generations. A water commons framework promotes collective management of resources and services, equitable allocation of water resources, democratic and transparent decision - making and an acknowledgement of environmental needs. Concretely, we call on Saint -John to: 1. Formally recognize water as a human right, which entails: - ensuring that all citizens have equal access to safe clean drinking water - safeguard against pricing schemes that cut off access - provide citizens with information and the ability to participate in decision - making 2. Phase out the sale of bottled water in municipal facilities Over 70 Canadian municipalities are promoting their own water by setting up fountains and getting rid of vending machines. This is not a violation of freedom of choice. It is not a true choice when citizens are forced to purchase a resource that collectively belongs to all at an exorbitant rate when municipalities invest tremendous resources to provide higher quality drinking water than what is found in a bottle. Furthermore, when there is access to clean public drinking water, bottled is a bad choice for the environment and municipalities should not feel obliged to promote it. 3. Declare itself to be p3 -free in the area of water and wastewater services A P3 is a form of privatization. P3s include private financing, ownership and /or operation of public services and infrastructure. They result in higher costs, lower quality and loss of public control. Very few Canadian communities have experimented with P3s, but there are lessons to be learned from those that have around the world. Experience shows that privatization means rates go up, as is the case in Moncton and accountability goes down. 4. Promote source -water protection through a conservation strategy developed in consultation with members of the community. There is no template for a good conservation plan and this will depend on local needs and capacity. A conservation plan might include measures to fix leaky pipes, a public education campaign about how individuals can support conservation initiatives, improvement of water treatment. We are using the opportunity of our 24th AGM to invite Saint John to become the first Blue Community in Canada. Like the first community that banned bottled water two years ago, triggering dozens of others to follow suit, we are calling on Saint John to become a leader in taking community action to protect water. 85 rL.wibviivU anvu ur-vrj-ur YHUt YJ.�/ 114 Application for a Zoning By -law Amendment Demande de modification it l'arrgti sur le ronage Applicant Related Information / Renseiguements sur le demandear Name of Applicam 1 Nom do &m=dear 114i 44-99 6i /MA4tj l N 6r9D'-9- Z—C Mailing Addmm of applic = / Addmsse posralc da deinmxlew l d S /l ova /a i� Poslal Cade I Code postal F 2 T 59S Telepbone Nomber / N=&* de tadpbone 4 `Kz - 2 2 / O X 2 2-3 Home / Domidla 8 3 2- / O/ f wurlc 1 Travail 61 5' Fax M mba 1 Numdro de td4copow S% 9211-7 Name of Propene Owner Cif dii%aeot) / Nom do prapriftim (a diffdmi2) Add= I Adrem Pascal Cade I Cade postal Property information / Renarigoements sur Is proprihi Location I Emphmneat 105 M. y ce- 'z-":ki 4 V ! i ,) fo s -7 / (o Civic # 1 No de voiAe Sheet / Rae ' j- C.�2 -r , c d:� PID I ]VIP Lot Area 1 Supeffide du lot Sheet Finatage / Fap2 dcl sur the p 1 EdstingUseofpropoiy /Udasaionactue4edelapgmdt6 �k i�• rbt�t��nSi 4 VOC(Of Mnmcipal Flan land Use Desagoadon Ddsipation de udlbmdcm des to, sur le plan manic 0d - Amendment Requested /Modification demandbe Present Zvmg I Zomge acurel CL14F Zoning to / Madification da ==ge ° C l N 2 %. G. f o�.✓�% and/or / on ❑ Tat Ameadmmt (indicate pamculm) / MoMication due =W (mdtqu= I- ditils) 86 —... - - - - - •+• � I + 1 —.1— nn✓ ✓ivy, vi r-FjUG 041 C14 Development Proposal / Imposition d'am6tagemetot Description of Proposal /Dw aiptian de is paopasWon SF1- Pty 0 3:g-_ You must provide a scaled cite plzr that tflusrrmes yaw proposaL You may also provide phodogrgft buila ?7g plan.% ekwoun d aw *s and any other form of lnforma{iorc The plan must show the di"mdom of the property, the location of all buiMngs, a>•iveways, pang areas, lmrdscgft and signs it is Important that the dicta = between the property boundary and buii4nes art shown, Your devez farvtrfr un plan du site h Nchelle illustrant voore Proposttton. Yauspauva Egalemwt jaurnir des photogrVhrrs, des plans de b Wmvtt, des desms de pfaa Xkkvaitan et route cA&e foMw de renseignement Le plan daft ,fn&gmer les &nsen dons de la propri�m, f emplacement dr la totalith des bdtfmrnts, der awes, des afros de srafioanemerA des a Jnagenwntspaysagers et des panneaur de signalfsahon. K est important d'indfquer to distance entre Les lfmites de la proprfLia et les &Wmentr. Provide masons wiry these amcndm= should be approvod, / Fousnir writ 8nte taasei IP P� eve r�ea1n2nt vaheptoposiCOn �f0 OSgI iS wnSiS�Un wail ck""J0 tent �a�Gy� � 5wfou_jtf�5- V1C��i��UUrtlnr�_ Provide my other itrfarmaI'm abort yow proposal that would be helpfal / Fomnit bout cue rauseig wn=n= votte PrM*'5wft +li Mw eve, W& SigtMan of Applicwrt / RPM= do de=ndem Dare C Z C Q TWO Applirsdaa Fee B.ndosed f 0 -joint les iiai6 de demande de 400 S If you are not the owner of the land in grows Jon please have the owner sign below The signature of A! owner is authorizing thisappifcation to proceed for ooruaderodoil bycomman Council, Sigaw cf Owner (ifappiicable) Sigmt— due ptoptih*e (s'0 y a lien) Date: Si vous n Ptes pas le proprttfaire du terrain en question, veuillez oblenir la signanue duProprMwIre dmts la pantie d- &sous. La si�gnahav du propridtawe autoramrt to traftement de la prtsente demand pour que Bette dernipre sorr exanlnte par le cvnsell eomgmvmL 87 IN LLI gh La cn n, � O -nu *�T- . .91 .,4 1, Elf 04 C-i sJ IN City of Saint John INTERNAL INSERTION SJTJ City Information Ad Date(s): TUESDAY, September 29'", 2009 And TUESDAY, October 20 ", 2009 Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub- Headline if applicable)- Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: I Telephone: (506) 658 -2862 89 PROPOSED ZONING BY -LAW AMENDMENT RE: 105 MOUNTAIN VIEW DRIVE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, October 26, 2009 at 7:00 p.m., by: Rezoning a parcel of land with an area of approximately 3270 square metres, located at 105 Mountain View Drive, also identified as being a portion of PID No. 55165716, from "IL -2" Major Institutional to "R -2" One and Two Family Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit four lots for the development of one - family or two - family dwellings. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 90 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 105, PROMENADE MOUNTAIN VIEW Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'6tudier ]a modification suivante a 1'arr&6 sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 26 octobre 2009A19h: Rezonage dune parcelle de terrain dune superficie d'environ 3 270 metres carrels, situde au 105, promenade Mountain View, et 6tant aussi une partie du NID 55165716, de zone d'equipement coilectif majeur «IL -2» a zone r6sidentielle — habitations unifamiliales et bifamiliales <<R-2>>, comme le montre la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION- Permettre quatre lots pour 1'am6nagement des habitiations unifamiliales et bifamiliales. Tome personne int6ressde peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du d6veloppement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a I'attention du soussign6 a 1'116tel de ville. Elizabeth Gormley, Greffi6re communale 658 -2862 91 BY -LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE No C.P. 110 - ARRkTE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une rdunion du conseil communal, The City of Saint John a ddcrdtd cc qui suit: The Zoning By -law of The City of L'arret6 sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, ddcrdtd le dix -neuf (19) December, A.D. 2005, is amended by: ddcembre 2005, est modifid par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 3270 square metres, located at 105 Mountain View Drive, also identified as being a portion of PID number 55165716, from "IL -2" Major Institutional to "R -2" One and Two Family Residential - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2009 and signed by: Mayor /Maire 1 La modification de I'annexe aA », Plan de zonage de The City of Saint John, permettant de modifier ]a ddsignation pour une parcelle de terrain dune superficie d'environ 3 270 metres carr6s, situ6c au 105, promenade Mountain View, et dtant aussi une partie du NID 55165716, de zone d'equipement collectif maieur a IL -2 u a zone rdsidentielle — habitations unifamiliales et bifamiliales «R -2» - toutes les modifications sont indiqudes sur le plan ci joint et font partie du prdsent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arret6 le 2009, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premidre lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 92 PUBLIC NOTICE Public Notice is bimbo given that The Common Council orThe Cit V of SB I John intends to consider amending The City of Saint John Zoning Hy-law at its regular meetin,, to be held in the Council Chamber on Monday, October 26, 2009 at 7.00 p.m., by Par les prisente& un sans public es( doam6 par lequel to consed communal de The City of Saint John milique son intention cr6tudier ]a modification survalue i I'arrW sur le zonage de The City or Saint John, loss do hi F6umon ordindire qui se trendra dans la Salle du consort le landi 26 actobire 2009 119 It - Rezoning a parcel of land with an area of dime d�Lonscg' d'n' p,trcelle do terrain d'une superficie approximately 12 metres, square res. located at 105 env, in , metres cart6s, sauce an 105, Mountain View Drive, also iskintificd as being promenade or elan, uw tine partio a portion of PID No 55165716, from "It, 7 de zone d'6quipemew ondlectif Major Institutional to "R-2" One and Two Fiuftilc majeur o 11,2 )) u zone rNiJendelle — habilationes Residential, as illustrated below unifamiliales et bifinollial" ccft-Di, comme to montre la carte ci-dessons. REASON FOR CHANGE: To permit four lots for the 0 RAISON DE LA MODIFICSFION: or one development one- family or Permettre, qtio4re lots pour iwo-family rhAcllrrgs I'arninagemeril des habrusnions inufamiliales; et bifamiliales. "I he proposed amendment ina, 41- ]onto persanne inl6ress6e peut be inspected by ane jrt,iestcd person at the office or the an bureau du grell communal Common Clerk. or vo The olflcc z on an bureau do rurbanninic cl of Planning and Development. do developpernem a l'b6LCI do City Hall, 15 Market Square. Saint John. N.R. ville an 15. Markel Square. Saint John. NA, entre between behoursof8;10a.m.and4:30p.m.. Monday 9 It 30 et 16 h 30 do lundi au vendredt, sauf les )Ours through Friday, inclusive, holidays excepted. Rn& Written obtections to the amendment may be sent I 'z "o -it"ourins air proict du the undersigned at City Hall. modification rparvenu , i-A i ]'attention do soussigne ii 116tel de ville. Elizabeth Gormley, Common Clerk Elizabeth Gormley, Greffi6re communale 659-2862 1 659-2862 93 October 21, 2009 Your Worship and Councillors: SUBJECT: Rezoning and Subdivision - 105 Mountain View Drive On September 28, 2009 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its October 20, 2009 meeting. Captain Brice Smith, on behalf of the Church Army in Canada, attended the meeting and indicated that he was in agreement with the Staff Report and its recommendations. Mr. Lodhi asked the applicant if he had consulted with the neighbours, and if he had considered drainage matters. The applicant responded that he had not; however staff responded to indicate that normal notification was given to neighbours within 100 metres of the subject property, and that drainage matters can be addressed in the normal manner when a Building Permit for development is received. No one else appeared before the Committee in respect of the application and no letters were received. After taking into consideration staff s report and the comments made by the applicant, the Committee adopted the recommendation in the Staff Report: RECOMMENDATION: That Common Council rezone a parcel of land with an area of approximately 3,270 square metres, located at 105 Mountain View Drive, also identified as being a portion of PID No. 55165716, from "IL -2" Major Institutional to "R- 2" One and Two Family Residential. 2. That Common Council assent to one or more subdivision plans, in one or more phases, for the Forest Hills Estates Subdivision, as generally illustrated on the submitted tentative plan dated June 22, 2009, including any necessary municipal services and public utility easements. 3. That Common Council accept a cash -in -lieu Land for Public Purposes dedication for this proposed subdivision. s� Respectfully submitted, Stephen Horgan Chairman NG Project No. 09 -259 -2- DATE: OCTOBER 16, 2009 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF OCTOBER 20, 2009 Nayan Gandhi, MCIP, RPP Planner SUBJECT Name of Applicant: The Church Army in Canada Name of Owner: The Church Army in Canada Location: 105 Mountain View Drive PID: 55165716 Municipal Plan: Low Density Residential Zoning: Existing: "IL -2" Major Institutional Proposed: "R -2" One and Two Family Residential Proposal: To rezone the land to enable a residential subdivision development consisting of four lots Type of Application: Rezoning. JURISDICTION OF COMMITTEE: e. The Church Armv in Canada 105 Mountain View Drive Page 2 October 17, 2009 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, October 26, 2009. The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and municipal services and public utility easements, as well as cost sharing for piping materials outside the limits of the subdivision, and the authorization of City /Developer Subdivision Agreements. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land with an area of approximately 3,270 square metres, located at 105 Mountain View Drive, also identified as being a portion of PID No. 55165716, from "IL -2" Major Institutional to "R -2" One and Two Family Residential. 2. That Common Council assent to one or more subdivision plans, in one or more phases, for the Forest Hills Estates Subdivision, as generally illustrated on the submitted tentative plan dated June 22, 2009, including any necessary municipal services and public utility easements. That Common Council accept a cash -in -lieu Land for Public Purposes dedication for this proposed subdivision. BACKGROUND The property located at 105 Mountain View Drive was rezoned by Common Council from "RS- 2" One and Two Family Suburban Residential to "IL -2" Major Institutional on June 26th, 2001. A number of Section 39 conditions were attached to the rezoning which relate to: restricting the use to a church, church school and associated residence; requiring the provision of sanitary services to be connect to the city system; the proposal be developed and maintained in accordance with a detailed site plan; parking and driveway areas are to be paved; site drainage be in accordance with an approved detailed plan; payment to the City for curbing and street related improvements; the provision of landscaping on the front of the property; and all public utilities be provided underground. An additional parcel was also rezoned from "RS -2" One and Two Family Suburban Residential to "IL -2" Major Institutional on August 13, 2009 and amalgamated with the property located at 105 Mountain View Drive (now part of the subject site). The Church Armv in Canada 105 Mountain View Drive INPUT FROM OTHER SOURCES: Municipal Operations and Engineering provides the following comments: • Municipal water and sewer is available. • All applicable permits must be obtained by the developer /contractor. • It is assumed the driveway for Lot 61 will be on Carlile Crescent Building and Technical Services has no objection to the proposed rezoning. Page 3 October 17, 2009 Leisure Services would prefer to receive a cash -in -lieu payment instead of any Land for Public Purposes dedication. Real Estate Division has indicated that a cash -in -lieu payment would be more acceptable than Land for Public Purposes. Saint John Fire Department has no objections to this proposal. Saint John Transit advises that it provides significant service on Mountain View Drive with the Champlain Lakewood bus. Saint John Energy has been advised of the proposal. Aliant Telecom has no issues with this application. We will work jointly with the developer and SJ Energy as this development transpires. GIS Division has been advised of this application. Rogers has been advised of this application. Maritimes & Northeast Pipeline has been advised of this application. Brunswick Pipelines has been advised of this application. Enbridge Gas N.B. has been advised of the application. ANALYSIS: Site and Neighbourhood The subject site is located at the corner of Mountain View Drive and Carlile Crescent in the Forest Hills area of East Saint John, and forms part of the land associated with The Church Army in Canada educational and institutional complex located at 105 Mountain View Drive (see site e: The Church Armv in Canada 105 Mountain View Drive Page 4 October 17, 2009 location plan). The site has an area of approximately 3,270 square metres (35,198 square feet) and extends from Mountain View Drive northernly along Carlile Crescent. Two dwellings are located on the northern end of the property, facing onto Carlile Crescent, which are associated with the Church Army complex and given the civic addresses of 20 and 24 Carlile Crescent respectively. The rest of the subject site is vacant mostly covered with mature vegetation. The remaining portion of 105 Mountain View Drive will remain with the Church Army in Canada and will be used as part of their educational and institutional complex on the property. Immediately to the west of the subject site is the new Forest Hills residential subdivision along Carlile Crescent, which has recently been developed and is currently zoned "R -2" One and Two Family Residential. A higher density area is located in this subdivision, but faces onto Mountain View Drive. There is some vacant land located immediately across Mountain View Drive from the subject site, although some of this has been recently subject of a rezoning proposal with a view of being developed for two - family dwellings and apartment /condominium buildings. The Highmeadow Park and Silver Falls residential areas are located in the near vicinity of the subject site. The recently developed Canada Revenue Agency offices are located at the intersection of Mountain View and McAllister Drives. The Proposal The applicant has requested that the subject site be rezoned from "IL -2" Major Institutional to "R -2" One and Two Family Residential in order to eventually permit a proposed subdivision of the subject land for up to four residential lots (see submitted site plan). The applicant has indicated that the purpose of this undertaking is to raise fiinds for their continued operations on site and elsewhere. Any subdivision may take place individually or in whole at a later date. Municipal Plan Direction The subject site and surrounding area are designated Low Density Residential by the Municipal Plan. The Plan's policies for low density residential areas provide for a wide range of housing, including one and two - family dwellings. The proposed rezoning is therefore consistent with the Municipal Plan. Proposed Rezoning The applicant proposes to create four two - family lots (for up to 8 units) fronting on the north side of Carlile Drive; indeed, two of the proposed lots already contain dwelling units which are currently associated with the rest of the site's institutional use but may be sold off in the future. The proposed rezoning to enable this is consistent with the residential zoning of the neighbouring s• The Church Armv in Canada 105 Mountain View Drive Page 5 October 17, 2009 properties. It also seeks to bring into use under- utilised previously developed land, which accords with sustainable practices. Its location adjacent to Mountain View Drive, which functions as a residential collector off of a major arterial, results in traffic not having to pass through residential streets. In any event, there is public transit services running along Mountain View Drive and connect the future properties with significant commercial and employment areas, including McAllister Mall and East Point Shopping Centre, and therefore opportunities exist for future residents to travel by sustainable modes of transport. The development concept indicated on the tentative subdivision plan includes sufficient area for each proposed lot and staff can envisage a way of developing dwellings on the vacant lots in which all minimum requirements of the Zoning By -law. The two lots (labelled Lot 63 and 64) which already contain dwellings will meet the minimum requirements based on information set out in the enclosed plan. The proposed rezoning can therefore be supported. The proposed subdivision of the site will require a minimum land for public purposes dedication of 6% in accordance with the Subdivision By -law, and this would result in a total LPP requirement of 196.2 square metres ( (0.05 acres) for this development. However, based on consultation responses from Leisure Services and the Real Estate Division, both departments would prefer a cash -in -lieu payment as it is considered that there is sufficient LPP dedications in the area arising from the wider Forest Hills subdivision to meet any demands. As such, in addition to Common Council giving its approval of the proposed rezoning, the proposal requires the following approvals to facilitate the subdivision when it comes forward: • Common Council assent to accepting a cash -in -lieu payment instead of land for public purposes (LPP), the amounts of which will be determined at a later date when the applicant decides to proceed with subdividing the property; and • Common Council assent to any necessary municipal services easements and public utility easements. CONCLUSION: The proposed development will be consistent with the neighbourhood in an area that is designated for this type of residential development and therefore planning staff recommend approval. The recommendation includes all the necessary assents and approvals for the proposed subdivision. NO Project No. 09 -259 11 0 p Trustee Lands W a 9 CZ9. o. Tr-0350 Ur '0 a R 1 3407 56 a 9 CZ9. o. Tr-0350 STREET CLOSING PORTION OF PUBLIC STREET BETWEEN HARDING STREET WEST AND FAIRVILLE BOULEVARD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By-law Respecting The Stopping Up and Closing of Highways In The City of Saint John" at its regular meeting to be held on Monday, October 26, 2009 at 7:00 p.m, to stop up and close the following highway: PORTION OF A PUBLIC STREET BETWEEN HARDING STREET WEST AND FAIRVILLE BOULEVARD: That portion of a public street having a varying width in the City of Saint John, County of Saint John and Province of New Brunswick called portion of a public street between Harding Street West and Fairville Boulevard, comprising 516 square metres (5,554 square feet) more or less and shown on a Plan of Survey CAD: S07018-611 surveyed September 22, 2009 certified correct by Terrain Group Inc. and attached hereto. (INSERT PLAN) The proposed amendment and plan of the above described highway may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. FERMETURE DE ROUTE PARTIE DUNE RUE PUBLIQUE ENTRE LA RUE HARDING OUEST ET LE BOULEVARD FAIRVILLE Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention de modifier N< arr6t6 concernant la fermeture de routes daps The City of Saint John >> lors de ]a reunion ordinaire qui se tiendra le lundi 26 octobre 2009 A 19 h afin de fermer et de barrer ]a route suivante : PARTIE DUNE RUE PUBLIQUE ENTRE LA RUE HARDING OUEST ET LE BOULEVARD FAIRVILLE : La partie d'une rue publique a largeur variable situ6e Bans The City of Saint John, Bans le comt6 de Saint John et dans la province du Nouveau-Brunswick, appelde partie dune rue publique entre la rue Harding ouest et le boulevard Fairville, d'une superficie d'environ 516 metres carrels (5 554 pieds carrels), et d6limit6e sur un plan d'arpentage (conception assist6e par ordinateur S07018 -611) ci-joint, dressd le 22 septembre 2009 par Terrain Group Inc, (INStRER LE PLAN) Toute personne int6ress6e peut examiner le projet de modification et le plan de la route d6crit ci- dessus au bureau du greyer communal d I'h8tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours; f6ri6s. Veuillez faire part de vos objections au projet de I I modification par 6crit A I'attention du soussigne a I'h6tel de ville. 103 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 ARRETE No M -23 ARRPTE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City Lors d'une reunion du conseil communal, The City of Saint John as follows: of Saint John a decrete cc qui suit: 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 207 immediately after Section 206 thereof, as follows: 207 The City of Saint John does hereby stop up and close permanently the following portion of highway: PORTION OF A PUBLIC STREET BETWEEN HARDING STREET WEST AND FAIRVILLE BOULEVARD: That portion of a public street having a varying width in the City of Saint John, County of Saint John and Province of New Brunswick called portion of a public street between Harding Street West and Fairville Boulevard, comprising 516 square metres (5,554 square feet) more or less and shown on a Plan of Survey CAD: 507018 -611 surveyed September 22, 2009 certified correct by Terrain Group Inc. and 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: I Par les presentes, 1'arrete de The City of Saint John intitule, « L'arrete sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John », decrete le 19 decembre 2005, est modifie par 1'ajout de Particle 207 imrnediatement apres Particle 206, comme suit : 207 Par les presentes, The City of Saint John Barre et ferme de fapon permanente la portion Time route suivante : PARTIE DUNE RUE PUBLIQUE ENTRE LA RUE HARDING OUEST ET LE BOULEVARD FAIRVILLE : La partie d'une rue pubiique a largeur variable situee daps The City of Saint John, dans le comte de Saint John et dans la province du Nouveau- Brunswick, appelee partie dune rue publique entre la rue Harding ouest et le boulevard Fairville, d'unc superficie d'environ 516 metres carres (5 554 pieds carres), et delimitee sur un plan d'arpentage (conception assistee par ordinateur S07018 -611) ci joint, dresse le 22 septembre 2009 par Terrain Group Inc. EN FOI DE QUOI, The City of Saint John a fait apposer son secau communal sur le present arrete le 2009, avec les signatures suivantes Mayor /Maine Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture 104 RUE HARDING STREET WEST/OUEST ,,� NWANMC -70 ACCOWWY A PROPOELD S7AWT MAW A PORIM OF PJ" MUT RCTWM WF&W VMV ME1rr 00 FARWAI EWMLYARP, ma IN 5m BOULEVARD FAIRVIL.LE BOULEVARD mm ACDDWPAONPII u FEI aww PWmft D1EK Pw m + rrAM AA LA.aLw w.Ac CC LAikvA�m r 9M VM *A Hwwwq DDRT tr - um DEMF::rIONIF WW LET AWJM VWU P MYMMIT DCG AEPLIeF.B PNtl1E UE LA PUBLwaE F-x57WRfi,77T7W ENTK Rm Y HAROl 0 w QUEST ET BOULEVAM FAWW.I.E �rf11Err �'"Ir0`EElw FERMCE w -70 ACCOWWY A PROPOELD S7AWT MAW A PORIM OF PJ" MUT RCTWM WF&W VMV ME1rr 00 FARWAI EWMLYARP, ma IN 5m BOULEVARD FAIRVIL.LE BOULEVARD mm ACDDWPAONPII u FEI aww PWmft D1EK Pw m + rrAM AA LA.aLw w.Ac CC LAikvA�m r 9M VM *A Hwwwq DDRT tr - um DEMF::rIONIF WW LET AWJM VWU P MYMMIT DCG AEPLIeF.B LOT C Pw H M: r�+i wa. Ac w o 1 -OF&TYI" AM WDNQM MlM TAR WIAAlm x DOMV[O IRON TNC N.E. -MX !'AM MICN U9W WAS IADOD!!. TM[ DOM"T NU MM" RUElM TO CM Tww Plwwl Aft TIIOEE W 7VIC CxIIJ111T` RE0lPAT DFFIC4., -,ADJ\D6xs aM1I(Il pIFDRMAIN',N QTAxA*.p 1RaW !rq AC�IAMCfS MAD1Ei ARC CAEWU'm am DwAft=. - f'EiYTIFbt11CN IE AvOT' M#K AS 14 Lok ATI� fd1ND IK "AM OF A 4A11lN. PW 70 T@ MW t BCTRA4x M= -Z ECAMD TM DW NN OF A - +oDrWCA" IS OW WME AS m WKNPMTS Wt CUT rI TFIE YRYrDE! WMD FOCIIAICS, �CA"Or *W IE➢A RWA W Wr a7NO1M W- -wnu FICLD SAR4[Y wAS COMPUTED NPTEMM Za ]DOP. 105 ,,r 1, � aft APh,E'F Pw / Purr D"NMEWIYI PUBLIC STREET/RUE PUBLIQUE BETWEENfENTRE RUE HARDING STREET WEST QUEST AND/ET BOULEVARD FAIRVILLE BOUL.EVAI MAX AT/Mtt MW LA_WX HMEAME "M wE-7 4"IEE7 iT Y'"'-" r+ rWwlAl Or WL EA T a tum OF NAMOTar Mow"" MHM'J F-x57WRfi,77T7W Y i!C�F iF'Se7 � 177-0 �rf11Err �'"Ir0`EElw . 'a IL I�.W " rWW�WEIr+ "4 riEr ri�r �� , ...a...:+ +^ _ tt�a9+�S�sf.�11E. 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WMD FOCIIAICS, �CA"Or *W IE➢A RWA W Wr a7NO1M W- -wnu FICLD SAR4[Y wAS COMPUTED NPTEMM Za ]DOP. 105 ,,r 1, � aft APh,E'F Pw / Purr D"NMEWIYI PUBLIC STREET/RUE PUBLIQUE BETWEENfENTRE RUE HARDING STREET WEST QUEST AND/ET BOULEVARD FAIRVILLE BOUL.EVAI MAX AT/Mtt MW LA_WX HMEAME "M wE-7 4"IEE7 iT Y'"'-" r+ rWwlAl Or WL EA T a tum OF NAMOTar Mow"" MHM'J 1 =. , October 215, 2009 His Worship Mayor Court And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment — 72 Broad Street A Public Presentation was made on September 14th, 2009 of a proposed amendment to the Municipal Development Plan which would redesignate on Schedule 2 -A and 2 -C, the Future Land Use Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID Number 00000398 and add the said property to the list of Approved Commercial Developments in sub - section 2.4.6.28, to permit the establishment of a retail store within the existing building. The required advertising has been completed, and attached you will find a copy of the application, public notice and insertion order of the proposed municipal plan amendment. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, December 7th, 2009 at 7:00 p.m. in the Council Chamber, or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. Respectfully submitted, Elizabeth Gormley Common Clerk Attachment SAINT JOHN PO H(w, 19111 Saint joho, NB Canada U. ,40 1 www.saintjohn.ca I C.P.1971 Saintjohn, NA. Canada E2L4L1 106 Application for a Municipal Plan and Zoning By -law Amendment Demande de modification an plan municipal et a I'arrete sur le zonage Applicant Related Information / Re�nlsseignements sur le demandeur Name of Applicant /Nom du demandeur Mailing Address of applicant / Addresse postale du demandeur 2 RT HAIV 57- 2!4-�,'V7— S 7- S�r�T J o h'N Postal Code /Code postal !!�7- 2 L Z R 9 Telephone Number / Numdro de tdldphone Home/Domicile 6 SS-- 13 RG Fax Number / Numdro de tdldcopieur Work /Travail 6 .3y1- O CO a 6 Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) Address / Adresse Code / Code postal: Property Information / Renseignements sour la propriete Location / Emplacement za_ 2 rJ 2 U + 5 91? Civic # /No de voirie Street / Rue PID /NIP Lot Area / Superficie du lot x0100 5,*4 Street Frontage / Fagade sur rue Existing Use of Property / Utilisation actuelle de la propridtd ✓A4—'*" T 6--O 2 m e=/2 4 Y 2 nrTFP Present Municipal Plan Land Use Designation Ddsignation actuel de utilization des terres sur le plan municipal Iq Present Zoning / Zonage actuel /2 h7 / f Amendments Requested /Modifications demandees Municipal Plan / Plan municipal P'Change Land Use Designation to I Modifier la ddsignation de Putilisation des terres E/2 a ('0+ t- �cllCrt oQ/ME'n/7 and /or / ou .1 Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtails en annexe) Zoning By -law/ Arretd sur le Zonage ��- 2 �L`�'�-7z Aa 13 rJ Siy� rf Change Zoning to /Modification du zonage i a;ndh) r . r nt ate, particulars on attachment) / Modification due texte ( indiquez les ddtails en annexe) AN 10.2ocA Age 107 Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition OP5/1 -Af7T 1"7- 1CJf/6- S%02�- You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The site plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez Fournir un plan du site d 1'dchelle illustrant votre proposition. Vous pouvez dgalement Fournir des photographies, des plans de bdriment, des dessins de plan d'dldvation et toute autre forme de renseignement. Le plan du site doit indiquer les dimensions de la propridtd, !'emplacement de la totalitel des bdtiments, des alleles, des aires de stationnement, des amdnagements paysagers ei des panneaux de signalisation.11 est important d`indiquer la distance entre les limites de la propridtd et les bdtiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient titre approuvdes. L t? C .r% L (/ S' /N� �S FD t2 o(16 /2 35` Yf-z%2S' (Q E_k a C A4- 7 z�- 7-0 Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concemant votre proposition qui pourrait @tre uti le. Signature of Applicant / Signature du demandeur A'or'� 0', Date Gpg la-74-1, Z ro 9 ❑ $400 Application Fee Enclosed i Ci joint les frais de demande de 400 $ If you are not the owner of the land in question please have the owner sign below. The signature of the owner authorizing this application to proceed is required for consideration by Common Council. Signature of Owner (if applicable) Signature du propridtaire (s'il y a lieu) Date . 4 Si vous n etes pas le propridtaire du terrain en question, veuillez obtenir la signature du propridtaire daps la parrie ei- dessous. La signature du propridtaire autorisant le trairement de la prdsente demande esi requise pour que cetle derniere soft examinde par le conseil communal. 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Help Problem Report �h Selection This map is a graphical representoWn or property boundaries which appmimaMts Ile SUC. cOnMvF6f-'-ffl- boundary survey and Is not Intended to be used for begal descriptions or to calcutair exact dimensions or Summary zoom Factor 1 Property found PID OW00356 PAN 1617729 Ovirner Savoy, Karen I Loca PAN 1617729 Owner Savoy, I Frederick Loca tf74 rt2olvj- J 109 City of Saint John INTERNAL INSERTION ORDEJ' IReference- Public Presentation —72 Broad Street I Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad - SJTJ Independent Placement - SJTJ Classifieds Date(s): Tuesday, September 1, 2009 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) C,ection Headline: [] General Notice L] Tender D Proposal 19 Public Notice Call to Action: Elizabeth Contact, MIMWMWA i , Common Clerk/GTeffi&re communale e: (506) 658-2862 Telephone: - HE w PROPOSED MUNICIPAL PLAN AMENDMENT RE: 72 BROAD 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 400 square metres, located at 72 Broad Street, also identified as PH) No. 00000398. 2. Add the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "u) a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID No. 00000398." A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, September 14, 2009 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To permit the establishment of a retail store within the existing building. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by October 14, 2009. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Elizabeth Gormley, Common Clerk 658 -2862 112 PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET; 72, RUE BROAD Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John a Fintention d'dtudier la modification du plan d'am6nagement municipal comme suit: 1. la reclassification, a l'annexe 2 -A et 2 -C du plan d'une parcelle de terrain d'une superficie d'environ 400 m6tres carr6s, situ6e au 72, rue Broad, et portant le NID 00000398, de zone residentielle de densite moyenne 6 zone d'amenagement commercial approave. 2. Pajout de la parcelle de terrain suivante a la liste des am6nagements commerciaux approuv6s 6 Palin6a 2.4.6.28 : u) une parcelle de terrain d'une superficie d'environ 400 m6tres carr6s, situ6e au 72, rue Broad, et portant le NID 00000398. Une presentation publique du projet de modification aura lieu lots de la r6union ordinaire du conseil communal le lundi 14 septembre 2009 dans la salle du conseil, au niveau du hall d'entr6e, 6 l h6tel de Ville. RAISON DE LA MODIFICATION: Permettre l'am6nagement d'un magasin de d6tail 6 l'int6rieur du batiment existant. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 14 octobre 2009 6 1'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de l'urbanisme et du d6veloppement A lb6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours f6ri6s. Elizabeth Gormley, Greffi&re communale 6582862 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: ARRETE N° C.P. 105 - ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une r6union du conseil communal, The City of Saint John a 6dict6 ce qui suit : The Municipal Plan By -law of The L'arret& relatif an plan municipal de City of Saint John enacted on the 3rd day The City of Saint John decr6t6 le of January, A.D. 2006 is amended by: 3 janvier 2006 est modifi6 par: 1 Amending Schedule 2 -A and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID No. 00000398, 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: "u) a parcel of land with an area of approximately 400 square metres, located at 72 Broad Street, also identified as PID No. 00000398." - 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: MEMM 1 la modification de I'annexe 2 -A et 2 -C, relative au plan d'utilisation future des terres, afin de faire passer la d6signation d'une parcelle de terrain d'une superficie d'environ 400 metres carr6s, situ6e an 72, rue Broad, et portant le NID 00000398, de zone r6sidentielle de densitd moyertne a zone d'am6nagement commercial approuv6; 2 l'ajout de la parcelle de terrain suivante a la liste des am6nagements commerciaux approuv6s a 1'alin6a 2.4.6.28 : u u) tine parcelle de terrain dune superficie d'environ 400 metres carr6s, situ6e au 72, rue Broad, et portant le NID 00000398. » - toutes les modifications sont indiquees sur le plan ci joint et font partie du pr&sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2009, avec les signatures suivantes : Common ClerkfCreffere communalc First Reading - Premiere lecture Second Reading - Deuxi6me lecture Third Reading - Troisi6me lecture 113 BY -LAW NUMBER C.P. 105 -29 A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: ARRETE N° C.P. 105 -29 ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a 66ct6 ce qui suit: The Municipal Plan By -law of The L'arr&6 relatif au plan municipal de City of Saint John enacted on the 3rd day The City of Saint John d&cr6t6 le of January, A.D. 2006 is amended by: 3 janvier 2006 est modiF16 par: I Amending Schedule 2 -A and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 2500 square metres, located at 274 Sydney Street, also identified as PID No. 55153423, from Open Space to Approved Commercial Development classification; 2 Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "t) a parcel of land with an area of approximately 2500 square metres, located at 274 Sydney Street, also identified as PID No. 55153423:" - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Sea] of the said City to be affixed to this by -law the * day of *, A.D. 2009 and signed by: MayoriMaire 1 la modification de 1'annexe 2 -A et 2 -C, relative au plan d'utilisation future des terres, afin de faire passer la d6signation d'une parcelle de terrain d'une superficie d'environ 2 500 metres carr6s, situ6e au 274, rue Sydney, et portant le NID 55153423, de zone des espaces verts A zone d'am6nagement commercial approuv6; 2 1'ajout de la parcelle de terrain suivante A la liste des am6nagements commerciaux approuv6s a I'alin6a 2.4.6.28 : «t) une parcelle de terrain d'une superficie d'environ 2 500 metres carrels, situ6e au 274, rue Sydney, et portant le NID 55153423. » - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2009, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - October 13, 2009 Second Reading - October 13, 2009 Third Reading - 114 Premiere lecture le 13 octobre 2009 Deuxi6me lecture - le 13 octobre 2009 Troisi&me lecture - �ilill 0 [Eel iWANNIANA NU91 W,11 LINO W IWA 0 Fm UNF-11 vy-,VIIAMITIMWAI�0111- Modifiant annexe 2-A et 2-C FROM / DE Open Space! zone des espaces verts 0 a. INV- I i", Lll�, I I" TO/A Approved Commercial Development Zone d'amdnagement commercial approuvd Applicant: Ocean Capital Investments Moncton Limited Location: 274 rue Sydney Street PID(s)INIP(s) 55153423 06N97NW Drawn By/Cr&&e Par: David Couture Date Drawn/Carte Crdde: October 22 octobre, 2009 Considered by P.A.C./Recommand6 par le C.C.U.: October 6 octobre, 2009 Enacted by Councll]Approuvd par Is Conseil: Approved by Minister/Approuv6 par le Ministre: Filed in Regis" Office/Enregistrd le: 115 BY -LAW NUMBER C.P. 110 -123 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: ARRETE No C.P. 110 -123 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a ddcrdtd ce qui suit : The Zoning By -law of The City of L'arretd sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, ddcreltel le dix -neuf (19) December, A.D. 2005, is amended by: ddcembre 2005, est modifid par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 2500 square metres, located at 274 Sydney Street, also identified as PID number 55153423, from "P" Park to "B -2" General Business, pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2009 and signed by: Mayor /Maine 1 La modification de l'annexe aA >>, Plan de zonage de The City of Saint John, permettant de modifier In ddsignation pour une parcelle de terrain dune superficie d'environ 2 500 metres carrels, situde au 274, rue Sydney, et portant le NID 55153423, zone de parc «P» a zone commerciale g6n6rale a B -2 » conformelment a une resolution adoptee par le conseil municipal en vertu de ]'article 39 de la Loi sur l'urbanisme. - toutes les modifications sont indiqudcs sur le plan ci joint et font partie du present arrdtd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretel le 2009, avec les signatures suivantes : First Reading - October 2009 " octobre 2009 Second Reading - October 13", 2009 Deuxi6me lecture — le 13 octobre 2009 Third Reading 116 PLANNING AND DEVELOPMENT/ URBANISME ET MVELOPPEMENT: REZONING / REZONAGE Amending Schedule "A" of the Zoning By-Law of The City of Saint John Modifiant Annexe i(A)) de I'Arrbt6 de zonage de The City of Saint John W ru X11- FROM / DE TO/A P B-2 Park /Zone de parc General Business I Zone commercial g6n6rale Pursuant to a Resolution under Section 39 of the Community Planning Act Conform6ment 6 une resolution adopilde par le consell municipal an vertu de I'article 39 de la Loi sur Purbanisme Applicant: Ocean Capital Investments Moncton Urnitz Location: 274 rue Sydney Street PID(s)1NIP(s) 55153423 06N97NW Drawn By/Crd6e Par: David Couture Date Drawn/Carte Cr6de: October 22 octobre, 2009 Considered by P.A.C.1considq&n§ par le C.C.U.: Enacted by Council/Approwd par le Conseil: Filed in Registry Office/Enregistri le: By-Law #/Arr9t6 #: 117 SECTION 39 CONDITIONS — 274 SYDNEY STREET That, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land with an area of approximately 2,500 square metres, located at 274 Sydney street, also identified as PID Number: 55153423, be subject to the following conditions: a. The use and development of the property be restricted to business offices; b. That, prior to the issuance of the required Change of Use Permit, the applicant obtain a Certificate of Approval from the Heritage Development Board for any works proposed for the building or the surrounding site; c. That the site be developed only in accordance with a detailed site plan submitted by the applicant and subject to the approval of the Development Officer; d. That the number of off - street parking spaces provided be in accordance with the minimum standards in the Zoning By -Law and be located to the satisfaction of the Heritage Development Board. The details of the spaces are to be provided on the site plan referred to above; e. All parking areas and driveways be paved with asphalt, and all paved and landscaped areas be enclosed with cast -in -place concrete curbs where necessary to facilitate proper site drainage and protect landscaping; f. All areas not occupied by buildings, parking areas and driveways be landscaped and all site improvements indicated on the approved site, landscaping and building elevation plans be completed within six(6) months from the issuance of a Change of Use Permit for the development. M BY -LAW NUMBER C.P. 110 -124 ARRETE No C.P. 110 -124 A LAW TO AMEND ARRETE MODIFIANT L'ARRETt THE ZONING BY -LAW SUR LE ZONAGE DE THE CITY OF OF THE CITY OF SAINT JOHN SAINT JOHN Be it enacted by The City of Saint Lors d'une r6union du conseil John in Common Council convened, as communal, The City of Saint John a follows: ddcr6te cc qui suit The Zoning By -law of The City of Uarr&6 sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, d6cret6 le dix -neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modii6 par: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land with an area of approximately 470 square metres, located at 202 St. James Street West, also identified as PID number 00367706, from "R -2" One and Two Family Residential to "R-4" Four Family Residential pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2009 and signed by: '® 1 La modification de I'annexe «A>>, Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 470 metres carr6s, situee au 202, rue St. James ouest, et portant le NID 00367706, de zone r6sidentielle — habitations unifamiliales et bifamiliales ccR -2n a zone r6sidentielle -- habitations de quatre logements «R -4» conform6ment a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur I'urbanisme. - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2009, avec les signatures suivantes : Common Clerk/Greffi6re communale First Reading - October 13"', 2009 Prei6re lecture - le 13 octobre 2009 Second Reading - October 13 ", 2009 Deuxi6me lecture— le 13 octobre 2009 Third Reading - Troisi6me lecture - 119 PLANNING AND DEVELOPMENT/ URBANISME ET D�VELOPPEMENT REZONING / REZONAGE Amending Schedule 'A" of the Zoning By-Law of The City of Saint John ModifiantAnnexe ((A>> de I'Arr&t6 de zonage de The City of Saint John ro R-2 One and Two Family am Residential I zone r6sidentielle- habitations unifamiliales at bifamiliales ri R-4 Four Family Residential Pursuant to a Resolution under Section 39 of the Community Planning Act Conform6ment 5 une resolution adopt6e par Is consell municipal an vertu do Particle 39 do la Loisuffurbanisme Location: 202 rue St. James ouest I St. James Street West ERIMENUMEEM krawn BylCrb6e Par: David Couture Irate Drawn/Carte Cr66e: October 22 octobre, 2009 Considered by P.A.C./considdr6 par le C.C.U.: October 6 octobre, 2009 Enacted by Council/ApproM par le Consell: Filed in Registry Office/Enregistr6 le: By-Law #/ArrOtd #; 120 SECTION ]8 CONDITIONS —202 ST. JAMES STREET Pursuant 10 the provisions af Section 39of the Community P|amnint Act, the development and use ofthe parcel of land located at 202 St. James Street West be subject to the following conditions: a. That in light of the deteriorated condition of the property, a plan for the securing of the property throughout the renovation period be provided and approved by the Building Inspector; L That the developer provide a Storm Water Management Plan for approval by the Municipal Engineer; c That the developer provide an engineered plan for development of the driveway to ensure no damage is done to the neighbouring property from improper drainage. 121 10018/200' Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: That the City Manger develop a comprehensive rehabilitation strategy for the storm drainage in Cedar Point. Many residents of Cedar Point have brought concerns forward from last year's Ward meetings and through personal contact with both Councilor Higgins and me. Many pictures and other information have been submitted to Municipal Operations and they have been out to the area and done inspections. Indeed, a thank you is in order to Shayne Galbraith and the other staff who have been working on this file and doing a good job of keeping me updated so I in turn can keep the residents "in the loop ". This motion ensures that necessary resources will be allotted to complete the work. As you can see by the pictures attached, not only is the erosion causing issues with the shoulders of the roads themselves, but also the edges of the roads are losing their support and these very new roads are deteriorating prematurely. Respectfully Submitted Gary Sullivan 122 123 October 22, 2009 Your Worship and members of Council, Subject: Blue Bin Location The location of Blue bins around our city is a critical component of the current system of solid waste collection. The responsibility associated with the placement/location of the bins rests with the city. In order to reach the maximum potential of the current system, we need to establish permanent locations for these bins. The south central peninsula is an area that requires a permanent and consistent location for Blue bins. Motion: That the Acting City Manager submit a report to Council within 1 month outlining a strategic and permanent location for the Blue bins. Respectfully Submitted, Councillor Titus SAINT JOHN RO, Box 1971 Saint John, NB Canada E2L 4L1 � wwwsaintjohn.ca I CA 1971 Saint John, N.-B. Canada E2L 4LI 124 October 26, 2009 Your Worship Mayor Ivan Court & Members uf Common Council: issue: Highway �00 (Fairville Boulevard — Simms Corner — Bridge Road Corridor) Context: This has been identified as a significant reconfiguration of a key part of the Provincial Designated Highway system. This corridor provides a vital link tu West Saint John for residents and businesses, as well astothe Provincial Highway system. Acton; 1U The Mayor has sent our request in written form, for cost sharing towards this Project to Minister Landry. Find enclosed the Mayor's letter to Minister Landry, 2) 1 requested the Mayor schedule a meeting with MLA Abel Leblanc who represents this Provincial riding. 3) The Mayor and I met with MLA Leblanc and outlined ourgoals and the cost sharing partnership required to begin this transportation project. VVe also presented him with the |etterThe Mayor was sending to Minister Landry. 4) MLA Leblanc understood the importance of this Project and stated he would advocate to both MLA Roly McIntyre and Transportation Minister Landry on our behalf. 5) In conclusion we assured MLA Leblanc that The City of Saint John was certainly prepared to meet with Provincial officials at any time to 'move this file forward.' Motion: To Receive and File this ^uoda1e'report. Respeqf6IV submitted, w- . . . . . .............................................................................................................. . . . . . . . . . . . . . . ......... . .......................................... � | SAINT JOHN P8B�l9� S��N8��L�/ / [P 1g71 Saint John, N� Canada BL4L1 125 Minister of Transportation NB Department of Transportation PO Box 6000 Fredericton, NB E3B 5H1 Subject: Fairville Boulevard - Simms Corner - Bridge Road Corridor Dear Minister Landry: I am writing on behalf of Saint John Common Council regarding a significant reconfiguration of a key part of the Provincial Designated Highway system in Saint John, namely the section of Highway 100 we call the Fairville Boulevard - Simms Comer - Bridge Road Corridor. The scope, importance, and estimated cost of this project requires that it be given special consideration by the Department of Transportation. This corridor provides a vital link to West Saint John for residents and businesses, as well as to the Provincial highway system. Several large industries are located just west of Reversing Falls and on Fairville Boulevard, a main east-west arterial and an area of business and commercial growth. Traffic movements on and off the corridor are awkward and seriously compromised by the current configuration. Connection with Route I is difficult at best, for much commercial and truck traffic. The configuration of the Fairville Boulevard - Simms Comer - Bridge Road Corridor has existed for many years despite inherent restrictions to traffic flow. Its limitations were recognized and clarified as a serious impediment in the City's overall transportation system in a 1999 Transportation Study commissioned by the City and carried out by Fiander Good & Associates; a study to consider options for optimizing traffic flow with a 20 year planning time frame. The consultants considered and analyzed various traffic improvement alternatives for the City. Common to all improvement packages developed was an essential project to reconfigure and signalize Simms Comer to rectify traffic flow problems through this corridor and make an effective connection to Fairville Boulevard. Practically all of the recommended improvements adopted by Council have been completed or are underway. An example of this is the One-Mile House Interchange under construction by your Department. Honourable Denis Landry October 19, 2009 Page 2 The City of Saint John has been active in pursuing Corridor improvements. In 2006, the City engaged the Terrain Group as the design engineers. On July 3, 2007, Council adopted the "Corridor Upgrade" approach. Subsequently, "Phase I" of the project was identified (the section of Fairville Boulevard from, and including the Cdtherwood Street intersection to the second entrance of Lancaster Mail) and tendered early in 2009. Construction of this phase is nearing completion, at an estimated cost of about S3M, including underground service upgrades. Phase 11 of the Corridor Upgrade project would connect Fairville Boulevard (Phase 1) over the railway crossing, through Simms Comer, through the former Centracare property to the Reversing Falls Bridge. The preliminary design has been endorsed by Council and City staff has been in discussion with the owner of the former Centracare site about lands for the project. In addition to acquisition of necessary lands, it is also essential that required funding for the work be secured. We understand the level of funding needed is not available within the PDH program. The City undertook Phase I of the Fairville Boulevard — Simms Comer — Bridge Road Corridor project entirely on its own; however, costs for Phase II are too great to proceed without cost sharing. I would welcome the opportunity to discuss this very important community project with you. Please contact me by phone at 658-2912 or by e-mail at ivan.courtgsaintiolin.ca Enclosed are several aerial views illustrating the nature of project for your review, and I look forward to hearing from you. Sincerely, Ivan Court Mayor Enclosure c David Cogswell, P. Eng.,Director of Design, Department of Transportation Willard Fram, P. Eng., Municipal Engineer, Department of Transportation Alan Kerr, P. Eng., District Engineer, Department of Transportation J. Patrick Woods, CGA, Acting City Manager, The City of Saint John Elizabeth Gormley,Comrnon Clerk, The City of Saint John J. M. Paul Groody, P. Eng., Commissioner, Municipal Operations & Engineering, The City of Saint John Shayne Galbraith P.Eng., Director, Saint John Works, The City of Saint John 127 / f I i fY 1 1: I .' 00 N October 26, 2009 Your Worship Mayor Ivan Court & Members nf Common Council: issue: Challenging Properties in West Saint John: 1)1OQ1ManavvagmnbhRoad. 2\Nevx Construction Property YUersteud Road. Content: I have received numerous calls and have been approached several times "on the street" by West Saint John citizens concerned about the above two properties. The concerns regarding the first property are mostly identified as the "buUdioo, aesthetics." Theooncernregand|mgthenecondprnpertycouKdbedeschhedosits°unskJhtk/nature.° Construction debris surrounds the entire property. Mmdmn; That the Acting City Manager report back tu Council |n one month's time regarding the City's options tm work with the property owners of 10�@1W1onoxvagmn[sh Road and Kiermtemd Road with the outcome of hopefully enhancing both mf these properties. SAINT JOHN R0. Box 1971 Saint John, N13 Canada E2k34SI | www.saintjohnca | CA 1971 Saint John N.-B. Canada E21L 40 REPORT TO COMMON COUNCIL Your Worship and Members of Council, SUBJECT: Winter Management Plan for Streets and Sidewalks The Winter Management Plan for ,Streets and Sidewalks seeks to keep the community functional through the months of winter; to coordinate preparations, organize resources and guide operational protocols for servicing the network of public streets and sidewalks under widely varying conditions. Its activities are vital to quality of life, commerce, and, most importantly, safety of the public. The purpose of this report is to outline the Plan and to propose policy and by -law considerations upon which operations and service delivery can be structured. Principles: The Plan is founded on seven guiding principles: 1. Public safety first ... public safety is always foremost 2. Manage the Plan ... plan winter operations; manage to the Plan 3. Evaluate ... understand conditions when deploying resources 4. Entire storm ... manage winter conditions over days and weeks 5. Consistency... strive to deliver expected service levels 6. Resources ... resource levels are set through budget allocations 7. Citizens ... property owners and others have obligations Clients: The community relies on snow and ice control for a great portion of the year: 0, 68,000 citizens and other pedestrians, commuters and motorists ur Public transit system and its users ur Emergency services — ambulance, fire, police 0, Public institutions — schools, hospitals, university, colleges ur Neighbourhoods, community centres and arenas, transportation companies, utility agencies, commercial enterprises and affiliate jurisdictions (NBDOT) SAINT JOHN ... A LIVEABLE WINTER CITY 134 '(V M Z M & C 2009 - 352 Ys�Ni October 20th 2009 -y His Worship Mayor Ivan Court The City o saqnt iFfAm. And Members of Common Council Your Worship and Members of Council, SUBJECT: Winter Management Plan for Streets and Sidewalks The Winter Management Plan for ,Streets and Sidewalks seeks to keep the community functional through the months of winter; to coordinate preparations, organize resources and guide operational protocols for servicing the network of public streets and sidewalks under widely varying conditions. Its activities are vital to quality of life, commerce, and, most importantly, safety of the public. The purpose of this report is to outline the Plan and to propose policy and by -law considerations upon which operations and service delivery can be structured. Principles: The Plan is founded on seven guiding principles: 1. Public safety first ... public safety is always foremost 2. Manage the Plan ... plan winter operations; manage to the Plan 3. Evaluate ... understand conditions when deploying resources 4. Entire storm ... manage winter conditions over days and weeks 5. Consistency... strive to deliver expected service levels 6. Resources ... resource levels are set through budget allocations 7. Citizens ... property owners and others have obligations Clients: The community relies on snow and ice control for a great portion of the year: 0, 68,000 citizens and other pedestrians, commuters and motorists ur Public transit system and its users ur Emergency services — ambulance, fire, police 0, Public institutions — schools, hospitals, university, colleges ur Neighbourhoods, community centres and arenas, transportation companies, utility agencies, commercial enterprises and affiliate jurisdictions (NBDOT) SAINT JOHN ... A LIVEABLE WINTER CITY 134 Winter Management Plan for Streets and Sidewalks October 20`h, 2009 Report to Common Council, M & C 2009 - 352 Page 2 FUNDAMENTAL POLICY DECISION A fundamental policy decision for every Canadian community is the service it intends to provide during the winter season, along with the funding required to support that policy. Effective servicing of streets and sidewalks over the winter is vital to everything that depends on functional roads, streets and sidewalks during extremes of weather; to mitigate the combined effects of rain, freezing rain, ice pellets, snow, extremes of temperature, formation of ice and runoff Snow and ice control operations require pre- planning, preparation and public education, response to each weather event and a recovery phase after the event. Effective communications with the public and public officials before, during, and after winter weather events is also a key. WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS The Winter Management Plan for ,Sheets and Sidewalks provides a comprehensive and integrated set of servicing guidelines for the winter season, structured as follows: Plan Oivruiew — Shared Responsibility Part 1. Engaging the Public Part 2. Coordination of Winter Operations Part 3. Street Plowing Part 4. Winter Sidewalks Part 5. Snow and Ice Removal Part 6. Salt Management Part 7. Maintaining Street Right -of -Way Part 8. Equipment Resources and Facilities Part 9. Winter Drainage Part 10. Winter Asphalt Maintenance Part 11. Responsibilities and Reporting Part 12. Training and Plan Administration APPENDICES A. Challenges of Winter Service B. Street Plow Routes C. Winter Sidewalk Service Zones D. On- Street Parking Restrictions E. Municipal By -Laws SAINT JOHN ... A LIVEABLE WINTER CITY 135 Winter Management Plan for Streets and Sidewalks October 20`h, 2009 Report to Common Council, M & C 2009 - 352 Page 3 After dialogue with Council late last winter and feedback from the public on an earlier draft of the Plan, staff has undertaken a full review of service considerations and options, and produced a more focused and condensed document. A copy of the Plan, less street plowing maps and Appendix "E ", is attached. SHARED RESPONSIBILITY Effectiveness of winter service activities depends on the community working together. Ultimately, success means the public sharing in responsibility, working with the City and having realistic expectations of winter service. On its part, the City must "connect' with the public and understand needs. Service standards have to be set with some reference to time, but must also consider other factors such as severity of a storm and level of resources available, including additional resources available in the community for extreme circumstances. Priority Structure Winter service needs to reflect the relative priority of streets in the network; not all can be serviced at the same time. Operations start at some point in the system and continue over time until all streets and designated sidewalks receive service attention. Relative priority depends on the role of each part in the network of streets and sidewalks. Higher priority components — such as arterial streets and those connecting vital community facilities such as hospitals and fire stations — call for a more timely service response than others. The following stricture of priorities (with street centre -line distances) forms the basis for all winter service activities, including plowing, winter sidewalks and snow removal: Priority 1: Arterial streets, highway connections, emergency routes (165.2 km) Priority 2: Major bus routes, schools, community centres, business districts (92.7 km) Priority 3: Collector streets, minor bus routes, industrial parks (127.7 km) Priority 4: Local or subdivision streets (286.2 km) ENGAGING THE PUBLIC The first focus of the Winter Management Plan is public engagement; to maintain a shared dialogue with the public on services, neighbourhood collaboration and winter conditions. A collaborative effort of citizens and other stakeholders working together to reduce hazards, assist neighbours and minimize costs will be a key to success. On its part, the City shall be responsive to the concerns and issues of citizens; understand where service is effective and where greater emphasis needs to be given. SAINT JOHN ... A LIVEABLE WINTER CITY 136 Winter Management Plan for Streets and Sidewalks October 20`h, 2009 Report to Common Council, M & C 2009 - 352 Page 4 The model for public information shall include public service advisories (PSAs) in advance of storm events, regular updates during significant winter emergencies, and a designated spokesperson available to the media. The public needs to appreciate the many variables that affect snow and ice control, including snowfall accumulations, temperatures, wind conditions, type of precipitation (i.e. freezing rain or plain snow), and the time of day the precipitation occurs. Clean -up times will vary depending upon severity of conditions. COORDINATION OF WINTER OPERATIONS A Winter Operations Centre (WOC) shall be established for each significant winter emergency; to coordinate overall operational direction through the storm event, keep municipal officials informed and to work with Corporate Communications in maintaining liaison with the media and the general public. STREET PLOWING The city is organized into a series of 31 Plow Routes for street plowing and assignment of resources, covering 671.8 centre -line kilometres of municipal streets. Routes 1 through 8 are dedicated Priority 1 routes to service arterial streets, highway connections and emergency routes; other routes generally cover Priority 2, 3 and 4 streets. Service objectives, subject to severity of conditions, are outlined below: Priority 1: 8 hours after end of storm - bare pavement, travel lanes 2 days after end of storm - bare pavement, curb to curb Priority 2: 8 hours after end of storm - bare pavement, centre line 2 days after end of storm - bare pavement, travel lanes Priority 3: 12 hours after end of storm - bare pavement, centre line 3 days after end of storm - bare pavement, travel lanes Priority 4: 12 hours after end of storm - accessible, snow pack 4 days after end of storm - bare pavement, centre line Storm /temperature severity and successive storms could limit or preclude attainment of objectives, and severely restrict capacity to clear streets within the time lines set out. WINTER SIDEWALKS Winter sidewalks are mapped into servicing zones. Of the City's 394.97 kilometres of sidewalk, 238.52 or 60.4% are designated for winter service. Resource limits make it impossible to provide consistent and satisfactory service to the entire inventory. SAINT JOHN ... A LIVEABLE WINTER CITY 137 Winter Management Plan for Streets and Sidewalks October 20`h, 2009 Report to Common Council, M & C 2009 - 352 Page 5 Service objectives for sidewalks, subject to severity of conditions, are outlined below: Priority 1: 12 hours after end of storm - pedestrian passage 2 days after end of storm - bare walking surface Priority 2: 24 hours after end of storm - pedestrian passage 3 days after end of storm - bare walking surface Priority 3: 24 hours after end of storm - pedestrian passage 3 days after end of storm - walking surface with traction Priority 4: 72 hours after end of storm - pedestrian passage 4 days after end of storm - walking surface with traction Sidewalk service levels cannot mirror (in practical terms of time, consistency and quality) what is possible on streets. This reflects the physical characteristics of sidewalks (limited width and lack of direct drainage), effects of pedestrian traffic versus vehicles, and limitations of sidewalk equipment. Service expectations need to be tempered; severity of weather is much more a determinant of sidewalk conditions. SNOW AND ICE REMOVAL Snow build -up takes up space, freezes into ice during periods of severe cold, creates a water source for ice in the thaw - freeze sequence, is an obstruction to movement and presents a safety hazard. The greater the accumulation, the more problematic winter conditions become — for home owners, pedestrians, transit commuters and motorists. Removal of snow and ice (blown away, or picked up and tricked away) from an area significantly improves the condition of streets and sidewalks. However, picking up snow and transporting it to an authorized snow dump site is a very costly and energy intensive activity. These dump sites are also challenging to locate, particularly in proximity to the built -up areas that typically need the removal. Last winter, the City of Saint John hauled away more snow than ever before in its history - approximately 10,000 loads at a very significant cost. A proactive, policy- driven approach to snow removal is proposed for the future. Such a strategy would greatly improve street and sidewalk conditions, assure a degree of mitigation in advance of storm events and generally facilitate the full range of winter service activities. Picking up and hauling away thousands of tonnes of snow and ice will mean significant expenditure levels and, as such, need a clear basis in Council policy. SAINT JOHN ... A LIVEABLE WINTER CITY 138 Winter Management Plan for Streets and Sidewalks October 20`h, 2009 Report to Common Council, M & C 2009 - 352 Page 6 Guidelines for snow removal, subject to severity of conditions, are outlined below: Priority la: Emergency routes; before 20 cm accumulation Priority lb: Arterials /connections; before 20 cm accumulation Priority 2a: Major bus routes; before 30 cm accumulation Priority 2b: Business districts; before 30 cm accumulation Priority 2c: Schools /community centres; before 30 cm accumulation Priority 3a: Minor bus routes; before 60 cm accumulation Priority 3b: Collector streets; before 60 cm accumulation Priority 4: Local streets; designated as determined by conditions Storm/temperature severity and successive storms could limit or preclude attainment of these guidelines, and severely challenge resource capacity to remove accumulations. SALT MANAGEMENT De -icing and abrasive materials are essential for servicing winter streets and sidewalks. Creating safe road surface conditions is the over - riding objective when determining what de -icing materials to use and when to apply those materials. The primary de -icing material is road salt (sodium chloride NaCI); proven and cost effective for our climate. The management plan for procurement, stocking, replenishment, and use of road salt and other winter materials is provided at Part 6 of the Winter Management Plan foi Streets and ,Weiralks. MAINTAINING STREET RIGHT -OF -WAY The public street right -of -way is intended for public infrastructure and as space for the movement of people, goods and vehicles. Maintaining the capacity of the public R -O -W is critical for attainment of winter streets and pedestrian service objectives; supporting emergency and utility services, providing for street drainage and the safe, effective movement of pedestrians and vehicles. Vehicle lanes must be kept clear of ice and snow, parked vehicles and other obstructions. It is essential to winter service that clear priority is given to maintaining the intended purposes of the street R -O -W. Failure to do this will mean undue encumbrances on winter service effectiveness and avoidable costs. Policies and by -law provisions for traffic, on- street parking, and street or sidewalk obstructions are designed to enhance effectiveness of service delivery and to help control service costs. SAINT JOHN ... A LIVEABLE WINTER CITY 139 Winter Management Plan for Streets and Sidewalks October 20`h, 2009 Report to Common Council, M & C 2009 - 352 Page 7 Snow Obstruction The lack of cooperation of some property owners and /or the people they hire to plow their lots and driveways poses a serious problem for the general public as well as for the clearance of sidewalks. Large piles of frozen snow and windrows can be insurmountable barriers for sidewalk plowing equipment. As a follow -up to earlier recommendations adopted by Council, staff has worked with the City Solicitor's office to draft by -law amendments to better deal with this issue. Proposed new section 30.1 of A By -Law Relating to the Public ,Streets in the City of Saint John and to Prevent Nuisances in the Said City provides that: "No person shall place, put, throw, deposit or sweep upon the paved or main - travelled portion of any street or a sidewalk, or cause to be placed, put, throtivn, deposited or sirept upon the paved or main - travelled portion of any street or a sidewalk, any snow or ice " On- Street Parking Vehicles parked or abandoned on streets during the winter are a serious impediment to snow clearance and mean avoidable costs to taxpayers. These obstacles not only make it impossible to plow snow to the curb line or edge of road, but also add risks to the public and snow control operations. Parked cars obstruct the R -O -W; travel lanes narrow, snow accumulates and packs hard, ice forms and plows need to return to the scene time and again. Impacts become magnified over sequential storms. Section 113(5) of the Motor T'ehicle Act permits the municipality to prohibit on- street parking without a traffic control device (sign), between midnight and 7 am, provided the restriction is for winter snow control. Proposed Winter Street Parking Restrictions prohibit parking on all municipal streets, except designated exceptions, from November 15th to April 15th. New section 5(9)(a) of the Traffic By -Law would provide: "Notwithstanding any other provision of this by -law or the presence of parking meters or the presence of signs that have been elected in the City of ,Saint John prohibiting or permitting the parking of vehicles upon streets or portions of streets during the hours stated thereon, no person shall, betireeu November 15 and April 15, inclusive, of each year, park a vehicle on a street, except for those streets listed in Schedule "R ", between the hours q/'00:01 and 07:00. " Excluded from the Restrictions are designated streets in four areas of the city with particular parking challenges: Wright Street area immediately north of Throughway; the Old North End; the Lower West; and the South Central Peninsula A special one -year (only) exception provision is also proposed for Douglas Avenue. SAINT JOHN ... A LIVEABLE WINTER CITY 140 Winter Management Plan for Streets and Sidewalks October 20`h, 2009 Report to Common Council, M & C 2009 - 352 Page 8 Achieving consistent winter service standards, at reasonable cost to taxpayers, depends on streets being free of parked vehicles and other impediments to service. Available off - street parking space needs to be fully utilized. Taxpayers should not be expected to subsidize those who do not make adequate provision for parking. The City Solicitor's Office has provided guidance and will present the TI-affic By -Law amendments necessary to implement the Winter Sheet Parking Restriction in a separate report. The Saint John Police Force has also offered valuable advice on enforcement challenges and solutions, and the Parking Commission has been particularly supportive. OTHER SECTIONS OF THE PLAN Part 8 of the Plan summarizes management of equipment, facilities, and other resources. Winter drainage activities are summarized in Part 9. Part 10 covers provisions for emergency repair of winter street defects and potholes. Part I I delineates responsibilities and reporting protocols. The administration and continuous improvement of the Winter Management Plan, including coordination of staff training and exercises, is provided for in Part 12. RECOMMENDATIONS It is recommended that Common Council: i. Endorse the general direction set out in the updated Winter Management Plan for ,Sheets and ,Sidewalks and recognize the principle of shared responsibility; 2. Adopt the stricture of priorities for winter operations, proposed street plowing objectives, proposed winter sidewalk objectives and the snow removal guidelines, set out in this report, as policies of Common Council; 3. Adopt Wintei- ,Sheet Pai-king Restrictions, asset out in this report, as policy of Common Council, and be prepared to adopt associated by -law changes; and 4. Prohibit the dumping of snow and ice on public streets and sidewalks, as outlined in this report, as a policy of Common Council, and be prepared to adopt associated by -law changes. Respectfully submitted, J.M. Paul Groody, P. Eng. J. Patrick Woods, CGA Commissioner, Acting City Manager Municipal Operations and Engineering SAINT JOHN ... A LIVEABLE WINTER CITY 141 SAIN'T JOHN WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS • • OCTOBER 2009 142 a) WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN TABLE OF CONTENTS PLAN OVERVIEW. SHARED RESPONSIBILITY Part . ENGAGING THE PUBLIC Part . COORDINATION OF WINTER OPERATIONS Part . STREET PLOWING Part . WINTER SIDEWALKS Part . SNOW AND ICE REMOVAL Part . SALT MANAGEMENT Part . MAINTAINING STREET RIGHT -OF -WAY Part . EQUIPMENT RESOURCES AND FACILITIES Part . WINTER DRAINAGE Part 10. WINTER ASPHALT MAINTENANCE Part 11. RESPONSIBILITIES AND REPORTING Part 1. TRAINING AND PLAN ADMINISTRATION APPENDICES A. CHALLENGES OF WINTER SERVICE B. STREET PLOW ROUTES C. WINTER SIDEWALK SERVICE ZONES D. ON- STREET PARKING RESTRICTIONS E. MUNICIPAL BY -LAWS OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PAGE 2 143 WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN PLAN OVERVIEW: SHARED RESPONSIBILITY PURPOSE Canadian winters bring a host of wonders and challenges; affecting our individual outlooks, shifting our activities and disrupting our routines. The snow, ice, sleet, freezing rain, rain and fluctuating temperatures of Saint ,John winters also produce public safety emergencies of varying type and degree that impact users of municipal streets and sidewalks; conditions accentuated by hilly terrain and coastal weather influences. The Winter Management Plan for Streets and Sidewalks seeks to keep the community functional through the months of winter; to coordinate preparations, organize resources and guide operational protocols for servicing the network of public streets and sidewalks under widely varying conditions. Its activities are vital to quality of life, commerce, and, most importantly, safety of the public. Effectiveness of winter service activities depends on the community working together. Ultimately, success means the public sharing in responsibility, working with the City and having realistic expectations of winter service. On its part, the City must "connect" with the public and understand needs - where service is effective and where improvements need to be made. Appendix "A" outlines challenges associated with winter services. SEVEN PRINCIPLES Public safety first ... public safety is always foremost CLIENT BASE The community, Its services, institutions and commerce are impacted: OCTOBER 2009 68,000 citizens, other pedestrians, commuters and motorists Public transit system and its users Emergency services - ambulance, fire, police Public institutions - schools, hospitals, university, colleges Neighbourhoods, transportation companies, utility agencies, commercial enterprises and affiliate jurisdictions (NBDOT) 144 PAGE 3 WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN STREET PRIORITY A structure Of priorities forms the basis for all winter operations: 1. Arterial streets, highway connections, emergency routes 2. Major bus routes, schools, community centres, business districts 3. Collector streets, minor bus routes, industrial parks 4. Local or subdivision streets ACCOUNTABILITY Commissioner, Municipal Operations and Engineering RESPONSIBILITY Deputy Commissioner, Municipal Operations is responsible to the Commissioner for execution and continuous improvement of this Plan. PLAN ACTIVITIES This plan comprises a series of interrelated activities, in 12 parts: 1. ENGAGING THE PUBLIC: to maintain a shared dialogue with the public on services, neighbourhood collaboration and winter conditions. 2. COORDINATION OF WINTER OPERATIONS: to provide effective coordination of service activities and liaison with the public during storm events. 3. STREET PLOWING: to maintain safe passage and the usability of public streets during and after adverse winter weather conditions. 4. WINTER SIDEWALKS: to maintain safe pedestrian access and usability of designated sidewalks and walkways throughout the winter season. 5. SALT MANAGEMENT: to optimize supply and usage of road salt and other winter materials while minimizing their environmental impact. 6. SNOW AND ICE REMOVAL: to expand access of pedestrians and vehicles by removing accumulated snow from the public right of way. 7. MAINTAINING STREET RIGHT-OF-WAY: to ensure availability of the right - of -way for safe and efficient movement of pedestrians and vehicles. 8. EQUIPMENT RESOURCES AND FACILITIES: to optimize use of winter service resources through preparation, operator care and timely repair. 9. WINTER DRAINAGE: to keep drainage systems open and functional, and ready for periods of rainfall, mild temperatures and snow /ice melt. 10. WINTER ASPHALT MAINTENANCE: to provide emergency repair of street defects and potholes for roadway safety and winter driveability. 11. RESPONSIBILITIES AND REPORTING to clearly delineate responsibilities and reporting protocols for effective winter operations and service. 12. TRAINING AND PLAN ADMINISTRATION: to ensure overall readiness for winter operations and continuous improvement of this Plan. OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PAGE 4 145 a) WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN PART : ENGAGING THE PUBLIC PURPOSE To maintain a shared dialogue with the public on services, neighbourhood collaboration and winter conditions COOPERATION The success of winter operations depends very much on the public sharing in the responsibility to mitigate the effects of winter conditions and having realistic expectations of municipal service. The cooperation and assistance of citizens, businesses and property owners is a key to achieving the underlying goal of a "liveable winter city ". True success will be realized through a collaborative effort of stakeholders working together to reduce hazards, assist neighbours and minimize costs. On its part, the City shall be responsive to the concerns and issues of citizens; to understand where service is effective and where greater emphasis needs to be given. EMPHASIS Public information activities shall emphasize the following: Establishing a constructive community dialogue on the notion of a "liveable winter city" Promoting joint responsibility for desired outcomes Encouraging neighbourhood "Snow Angel" initiatives to assist seniors and neighbours with special needs, and supporting other community and volunteer efforts Encouraging citizens to clear snow and ice from neighbourhood fire hydrants, walkways and catch basins, and to prevent extra snow being dumped or pushed onto sidewalks and the street right -of -way Visiting schools, presenting reports to Council, preparing briefing packages, and being available to the media Participating in neighbourhood or ward meetings, and establishing a dialogue with community groups and organizations Inspecting and giving notice of right -of -way obstructions, travel lane restrictions and other impediments to winter service Communicating on policies and by -laws, and their enforcement Encouraging businesses to clear ice and snow from their building frontage and adjacent sidewalk - "Adopt a Sidewalk ". Connecting with property owners and private snow plowing contractors to ensure By -Law provisions concerning the public right -of -way are respected; reminding them of their responsibility to not dump or push snow onto sidewalks and streets. OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PAGE S 146 a) WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN INFORMATION The model for public information shall include public service advisories (PSAs) in advance of storm events, regular updates during significant winter emergencies, and a designated spokesperson available to the media. The public needs to understand the many variables that affect snow and ice control, including snowfall accumulations, temperatures, wind conditions, type of precipitation (i.e. freezing rain or plain snow), and the time of day the precipitation occurs. Clean -up times will vary depending upon severity of conditions. Additional staff shall be assigned to taking calls during significant storm events and the Resource Desk shall integrate with the Winter Operations Centre (WOC) to help connect the public with operations in the field. LIABILITY Exposure to liability is a reality of municipal service delivery. As such, careful attention shall be paid to the service parameters set out in this Plan. The City's exposure to liability is controlled when the Plan is followed and services are delivered as consistently as possible. EXPECTATIONS The City of Saint ,John, the community and individual citizens need to appreciate the realities of winter conditions in an era of climate change and the challenges inherent to mitigating those conditions. We need to further temper expectations in line with the severity of winter weather events and the resources available to counter those events. "Best" outcomes are realized when "shared responsibility" for mitigating winter conditions becomes a way of life; ingrained in the community's psyche. RESPONSIBILITY Deputy Commissioner: establish public information protocols and provide human resources for public information activities Communications: establish public information protocols, support public information activities, and coordinate media liaison OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PAGE 6 147 a) WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN PART : COORDINATION OF WINTER OPERATIONS PURPOSE To provide effective coordination of service activities and liaison with the public during storm events WOC A Winter Operations Centre (WOC) shall be established by the Deputy Commissioner for each significant winter emergency. The WOC shall coordinate overall operational direction through the storm event, keep municipal officials informed and maintain liaison with the public. The WOC shall be established and operated under the direction of the Deputy Commissioner or his designate, staffed with an operations officer and necessary support personnel through the emergency to the recovery phase after the storm event. The Resource Desk shall form part of the WOC. The WOC, working with Corporate Communications, shall provide regular information updates - disseminated to the Commissioner, the City Manager, the Mayor, Members of Council and other officials, the media and the general public. The City of Saint ,John website and e-mail notifications (for parking bans) shall be used. INFORMATION Timely and informative communications to the news media and the general public is vital during snow and ice control operations, and in follow -up thereto. This Plan has made public information an essential priority for winter operations; maintained throughout the winter season. COORDINATION Coordination activities include the following: OCTOBER 2009 The Winter Management Plan for Streets and Sidewalks shall be updated by October 31" of each year Training sessions on the Winter Management Plan for all Municipal Operations staff between October 1" and October 31" of each year Winter services (table top) training exercise and full equipment readiness inspection between October 15 th and October 31" Winter operations mode into effect on the first Sunday of November Annual pre- season advertisement of Winter Management Plan features, snow tips and FAA's by November 1 5`" Ongoing public notifications concerning general on- street parking restrictions (midnight to 7:00 am), South Central overnight parking bans, weather warnings, PSAs, and other information necessary for service coordination 148 PAGE 7 WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN Winter Operations Centre (WOC) , incorporating the Resource Desk, shall be established for all significant winter storm emergencies Operations shall be conducted in accordance with this Winter Management Plan, with necessary field direction and operational adjustments as directed by the Deputy Commissioner or designate. Operational managers, foremen and operators shall maintain ongoing coordination of operations and service activities WEBSITE The Winter Management Plan for Streets and Sidewalks shall be posted on the City website and include information on routing and street priorities, winter parking restrictions and frequently asked questions. REMINDERS A "Winter Safety Reminders" brochure shall be made available to the public prior to the winter season. STORM SEVERITY Storm /temperature severity and successive storms could limit or preclude attainment of objectives, and severely restrict capacity to clear ice /snow -pack from street and sidewalk surfaces. RESPONSIBILITY Deputy Commissioner: establish WOC during significant emergencies OCTOBER 2009 Manager: staff the WOC and provide updates, direct operations, prioritize activities, and assist in drafting PSAs Foreman: coordinate with operational managers and equipment operators, and provide updates to the WOC Operator: report on field conditions and status of assigned route Resource Desk: provide contact with public and assistance to the WOC Communications: coordinate media liaison and information updates 149 PAGE H a) WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN PART : STREET PLOWING PURPOSE To maintain safe passage and the usability of public streets during and after adverse winter weather conditions CONTENT Snow plowing activities are summarized as follows: Apply anti -icing (brine solution or salt) prior to or in the early stages of the winter storm event to reduce the potential for ice /snow -pack formation on roadway surface. Plow accumulated snow off the travel lanes of public roads and streets to provide accessibility and vehicle movement, and to facilitate emergency and other services. Apply de -icing (salt) and abrasive (mix) materials in right amounts on street surfaces for vehicle traction and safety of movement. Push back on public roads and streets to widen travel lanes, open drainage courses /basins and facilitate safe travel and manoeuvring. PRIORITIES The structure of priorities forms the basis for all winter operations: 1. Arterial streets, highway connections, emergency routes 2. Major bus routes, schools, community centres, business districts 3. Collector streets, minor bus routes, industrial parks 4. Local or subdivision streets OBJECTIVES* Priority 1 : 8 hours after end of storm - bare pavement, travel lanes 2 days after end of storm - bare pavement, curb to curb Priority 2: 8 hours after end of storm - bare pavement, centre line 2 days after end of storm - bare pavement, travel lanes Priority 3: 12 hours after end of storm - bare pavement, centre line 3 days after end of storm - bare pavement, travel lanes Priority 4: 12 hours after end of storm - accessible, snow pack 4 days after end of storm - bare pavement, centre line *Storm /temperature severity and successive storms could limit or preclude attainment of objectives, and severely restrict capacity to clear ice /snow -pack from street surface. PLow ROUTES City streets are organized into 31 winter plow routes for servicing, with route maps provided at Appendix "B ". Deployment of personnel, equipment and contracted resources for street plowing is also outlined in Appendix "B ". OCTOBER 2009 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE 9 150 RESPONSIBILITY MEASURES OCTOBER 2009 WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS # ROUTE CENTRE -LINE KILOMETRES Bayside Drive Grandview Heatherway Priority 1 24.3 km 2. Rothesay Ave McAllister Loch Lomond Priority 1 18.5 km 3. Rothesay Road Sandy Point University Priority 1 21.1 km 4. Southern Peninsula Priority 1 16.0 km 5. Millidge Ave Main St Chesley Drive Priority 1 14.5 km 6. Lancaster Avenue Market Place Priority 1 6.6 km 7. Main St W Westfield Road Manchester Priority 1 13.6 km 8. Fairville Boulevard Ocean Westway Priority 1 15.7 km 9. Central Business District South 14.1 km 10. Peel Plaza Waterloo 13.9 km 11. Old East 12.1 km 12. Westmorland Silver Falls 17.5 km 13. Forest Hills Glen Falls 25.0 km 14. Champlain Heights Heatherway 28.5 km 15. Bon Accord Lakewood Heights Greenwood 23.3 km 16. Loch Lomond Airport 12.2 km 17. Golden Grove Hillcrest Churchland 30.0 km 18. Red Head Old Black River 37.5 km 19. Kennebecasis Foster Thurston 19.8 km 20. Millidgeville 23.6 km 21. Portland Place Sandy Point 20.6 km 22. Old North End Douglas Avenue 17.9 km 23. Mount Pleasant Wright Street 15.5 km 24. Lower West 17.1 km 25. Fundy Heights 16.7 km 26. Plateau 14.1 km 27. Greendale Quinton Heights 18.9 km 28. Milford Randolph 13.4 km 29. Westgate Lorneville 33.8 km 30. South Bay 7.7 km 31. Morna 11.3 km Manager: program delivery and performance in area of jurisdiction Foreman: level of service, resource usage in snow management zones Operator: plow route efficiently /effectively; use materials carefully Resource Desk: track hired resources, coordinate costing kilometres serviced to service level objective C@ storm severity index Cost per street kilometre serviced @ storm severity index 151 PAGE 10 a) WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN PART : WINTER SIDEWALKS PURPOSE To maintain safe pedestrian access and usability of designated sidewalks and walkways throughout the winter season CONTENT Designated sidewalks only in each priority grouping will be serviced in accordance with the objectives set out below; other sidewalks will not be serviced. Winter sidewalk activities are summarized as follows: Plow or blow accumulated snow off public sidewalks designated for service. Apply winter de -icing and /or abrasives materials (treated sand or salt) to sidewalk surfaces to improve traction for pedestrians or to de -ice the sidewalk surface. Push back snow (with heavy equipment) to clear sidewalk and associated R -O -W where feasible. OBJECTIVES* Priority 1: 12 hours after end of storm - pedestrian passage 2 days after end of storm - bare walking surface* Priority 2: 24 hours after end of storm - pedestrian passage 3 days after end of storm - bare walking surface* Priority 3: 24 hours after end of storm - pedestrian passage 3 days after end of storm - walking surface with traction* Priority 4: 72 hours after end of storm - pedestrian passage 4 days after end of storm - walking surface with traction* *Storm /temperature severity and successive storms could limit or preclude attainment of objectives, and severely restrict capacity to clear ice /snow -pack from sidewalk surface. SIDEWALKS Only designated municipal sidewalks shall be serviced in accordance with the objectives set out. These designated municipal sidewalks are organized by priority for the clearance of snow, maintenance of safe pedestrian access and usability during the winter. Sidewalk service levels cannot mirror (in practical terms of time, consistency and quality) what is possible on streets. This reflects the physical characteristics of sidewalks (limited width and lack of direct drainage), effects of pedestrian traffic versus vehicles, and limitations OCTOBER 2009 SAINT JOHN ... A LIVEABLE WINTER CITY PAGE 11 152 OCTOBER 2009 WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS of sidewalk equipment. Service expectations need to be tempered; severity of weather is much more a determinant of sidewalk conditions. Of the City's 394.97 kilometres of sidewalk, 238.52 or 60.4% are designated for winter service. Resource limits make it impossible to provide consistent and satisfactory service to the entire inventory. Winter sidewalk servicing zone maps are provided at Appendix "C ". Deployment of personnel, equipment and contracted resources for winter sidewalks is also outlined in Appendix "C ". 153 PAGE 12 SERVICING ZONE KILOMETRES SERVICED S/W Zone A. Red Head Black River 0.00 of 4.26 km S/W Zone B. Loch Lomond Latimore Lake 2.24 of 5.21 km S/W Zone C. Lakewood Bon Accord 5.49 of 9.92 km S/W Zone D. Champlain Heatherway 10.08 of 15.68 km S/W Zone E. Glen Falls Golden Grove 5.12 of 8.51 km S/W Zone F. Forest Hills 8.39 of 12.46 km S/W Zone G. Silver Falls McAllister 17.23 of 20.43 km S/W Zone H. Rothesay Westmorland 14.45 of 18.71 km S/W Zone I. Old East Saint john 4.56 of 12.88 km S/W Zone J. Kennebecasis 0.46 of 7.27 km S/W Zone K. University Crescent Valley 6.45 of 1 1 .05 km S/W Zone L. Millidgeville 1 0.1 1 of 14.49 km S/W Zone M. Portland Somerset 9.02 of 18.65 km S/W Zone N. Old North Millidge 9.50 of 18.53 km S/W Zone O. Mount Pleasant Wright 10.36 of 21.49 km S/W Zone P. Waterloo Central 16.51 of 21.71 km S/W Zone Q. Southern Peninsula 37.91 of 40.28 km S/W Zone R. Douglas Paradise Row 12.52 of 16.99 km S/W Zone S. Lower West Lancaster 17.24 of 33.54 km S/W Zone T. Fundy Heights 8.10 of 21.87 km S/W Zone U. Plateau 3.85 of 8.04 km S/W Zone V. Quinton Heights Manchester 4.15 of 9.65 km S/W Zone W. Greendale Main West 11.69 of 20.18 km S/W Zone X. Milford Randolph 6.03 of 11.27 km S/W Zone Y. Westgate Spruce Lake 3.27 of 8.11 km S/W Zone Z. Westfield Road 3.79 of 3.79 km Of the City's 394.97 kilometres of sidewalk, 238.52 or 60.4% are designated for winter service. Resource limits make it impossible to provide consistent and satisfactory service to the entire inventory. Winter sidewalk servicing zone maps are provided at Appendix "C ". Deployment of personnel, equipment and contracted resources for winter sidewalks is also outlined in Appendix "C ". 153 PAGE 12 WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN S/W ROUTES Winter sidewalk operations shall be organized into 14 sidewalk plow routes; each assigned a primary sidewalk equipment unit. ROUTE UNIT SERVICING ZONES 1. South 1 775 Trackless I, P (less north of Union) 2. South 2 Rental Bombardier Q (northwest of Duke /Sydney) 3. South 3 Rental Trackless Q (northeast of Duke /Sydney) 4. South 4 795 Trackless Q (south of Duke) 5. East 1 783 Trackless E, F 6. East 2 796 Trackless B, C, D 7. East 3 790 Bombardier G, H 8. North 1 Rental Trackless j, L 9. North 2 786 Trackless N, R 10. North 3 782 Trackless K, M 11. North 4 Rental Bombardier O 12. West 1 784 Trackless W, X 13. West 2 794 Trackless S, T, U 14. West 3 785 Trackless V, Y, Z The winter sidewalk service is supported by two support trucks which deliver material (salt and sand) to the sidewalk units in the field. Five additional pieces of (Trackless) equipment are held in reserve as temporary replacements for primary units and use during night shift. SNOW REMOVAL Heavy and successive snowfalls and general accumulation will mean a need to remove (blow and truck away) snow from sidewalk rights of way. Sidewalk snow removal will be integrated with general snow removal operations, in accordance with the structure of priorities. RESPONSIBILITY Manager: program delivery and performance in area of jurisdiction Foreman: level of service, resource usage in snow management zones Operator: service route efficiently /effectively; use materials carefully Resource Desk: track hired resources, coordinate costing MEASURES % kilometres serviced to service level objective @ storm severity index Cost per sidewalk kilometre serviced @ storm severity index OCTOBER 2009 154 PAGE 13 a) WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN PART : SNOW AND ICE REMOVAL PURPOSE To expand access of pedestrians and vehicles by removing accumulated snow from the public right of way CONTENT Snow and ice removal operations involve utilizing a combination of internal and contracted resources to remove (truck away) accumulated snow from the street right -of -way. Activities are summarized as follows: Inspect and report on snow accumulation, identify critical areas. Free blow or remove snow /ice from designated streets after defined accumulations impede safe traffic and pedestrian movement. Free blow or remove snow after heavy or multiple snowfall events resulting in network congestion, to create space for future events. Site, operate and manage snow dumps in strategic locations. Remove snow /ice build -up along sidewalk and gutter lines as temperatures warm up. GUIDELINES* Priority 1 a: Emergency routes; before 20 cm accumulation Priority 1 b:Arterials /connections; before 20 cm accumulation Priority 2a: Major bus routes; before 30 cm accumulation Priority 2b:Business districts; before 30 cm accumulation Priority 2c: Schools /community centres; before 30 cm accumulation Priority 3a: Minor bus routes; before 60 cm accumulation Priority 3b:Collector streets; before 60 cm accumulation Priority 4: Local streets; designated as determined by conditions *Storm /temperature severity and successive storms could limit or preclude attainment of objectives, and severely restrict capacity to remove snow /ice accumulations. RESPONSIBILITY Deputy Commissioner: initiate snow removal operations Manager: establish snow removal plans, organize resources, report Foreman: supervise operations, effective use of resources, report Operator: operate equipment efficiently and effectively, report Resource Desk: track hired resources utilized, coordinate costing MEASURES % kilometres serviced to service level objective C@ storm severity index Loads removed and cost of removal by per load OCTOBER 2009 155 PAGE 14 a) WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN PART : SALT MANAGEMENT PURPOSE To optimize supply and usage of road salt and other winter materials while minimizing their environmental impact F To control consumption of road salt through its effective management, without compromising public safety, and 0, To ensure an adequate supply of winter materials is available at all times throughout the winter season. MATERIALS The primary de -icing material is road salt (sodium chloride NaCl); a proven, cost effective solution for this climate. Pre - wetting with brine solution, immediately prior to application, increases the effectiveness of salt dramatically, adding moisture to accelerate melting capability. Pre - wetting also enhances adhesion so that the material stays on the road surface. Salt is applied as an anti -icing material prior to a storm event or accumulation of snow, creating a layer between pavement and snow to reduce adhesion and prevent ice build -up. Anti -icing is performed primarily on Priority 1 and 2 streets, on steep hills or sharp turns and in areas where water may accumulate. Once precipitation has begun to accumulate or ice has formed, salt is used to melt snow and ice; breaking it up and facilitating removal. Below about 12 °C, the minimum effective temperature of salt, a sand /salt mix (3 -5:1 sand -salt ratio) is used to enhance traction. Sand provides an abrasive quality while salt inhibits freezing prior to application and provides some ice melting upon application. Other products or methods are continuously evaluated and, where operationally and cost effective, will be considered for use. SUPPLY/DEMAND Road salt is in high demand during the winter season and supplies are limited; its careful use is an important part of the winter strategy. WEATHER Weather plays an important role in determining the type and amount of material that is appropriate for a given situation. Temperature, temperature trends and type /amount of precipitation are key factors. *Storm /temperature severity and successive storms will affect usage levels and could limit effectiveness of salt, and severely restrict capacity to de -ice streets and sidewalks. OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PAGE 15 156 a) WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN CONSUMPTION Average annual consumption Of materials over last five years: Road Salt 14,000 metric tons (MT) Abrasive Sand 6,000 metric tons (MT) FACILITIES Salt and sand /salt mix are stored in two weather - protected municipal facilities. Each building has an asphalt floor to prevent leaching into the environment and to reduce exposure of the material to moisture. McAllister Drive Facility: 5,500 MT capacity shed Bay Street Facility: 6,000 MT capacity structure PRE - SEASON Supplies of sand and salt are replenished annually by October 31 ". Sand delivered during dryer months minimizes moisture content. 0 Salt procured when demand is relatively less allows for higher delivery rates and permits use of a stacker in stockpiling. 0, Mixing of the sand /salt mix is done inside the facility in order to prevent loss of salt and unnecessary addition of moisture. STOCKING LEVELS The following quantities shall be stocked prior to the winter season: McAllister Drive Salt 3,500 MT McAllister Drive Salt /Sand Mix 2,000 MT Bay Street Salt 4,000 MT Bay Street Salt /Sand Mix 2,000 MT REPLENISHMENT Salt replenishment begins immediately following the first winter snow or ice storm event, based on the following procedure: Purchase Orders (PO) in amounts of 3000 MT for salt and 2000 MT for sand shall be approved prior to November 1 ; re- stocking to begin immediately following the first application of materials. Those purchase orders shall be renewed and ready for January V. Material loads received will be accounted for on a daily basis, with salt packing slips gathered by foremen and delivered to the Resource Desk. Administrative staff will log all receipts, output a daily total and provide a report for the Manager and Purchasing. Deviation from the normal load schedule (6 loads per day) will result in a call to the supplier through Purchasing. OCTOBER 2009 SAINT OH ... A LIVEABLE WINTER CITY PAGE 16 157 A minimum 4000 MT total supply of salt will be maintained. Material deliveries shall be made during non - inclement weather unless loads are tarped and unloaded under protective cover. Re -order for abrasive sand, which requires preparation prior to storage, will commence before the sand /salt mix inventory reaches 50% of capacity. TRACKING USAGE Materials consumption data shall be accurately recorded: Yard loader operator will maintain daily log of vehicles loaded, material amounts taken and loads of new materials received. Operators will maintain a daily log of quantity received, routes completed and quantity returned to salt shed at end of shift. Foremen will gather daily logs, record weather conditions and route completion, and deliver logs to the Resource Desk along with material receipts. I' Staff at the Resource Desk will log daily consumption data. Manager will review weekly materials usage report, including relevant storm conditions. Material spreading vehicles are equipped with Dickey-John application controllers that regulate the rate of salt or sand /salt mix spreading. MANAGING USE Foremen, operators and staff undergo formal training on the use of de- icing materials; training that guides operational staff in making material choice and application rate determinations, including: Pavement temperature and condition 0 Traffic patterns 0 Wind speed and direction 0, Atmospheric temperature and humidity Forecasted weather also plays an important role in determining the ongoing impact of de -icing materials. OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PAGE 17 158 a) WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN SALT BRINE Salt brine shall be produced at materials facilities or procured in bulk, where feasible and cost - effective. An adequate supply shall be available to support operations. Brine pumping and application equipment shall be maintained and kept in good working order. USAGE CONTROL The right amount in the right place at the right time is critical to effective and efficient use of winter materials. Each spreader truck is equipped with a 'Dickey-John' (DJ) controller that allows the operator to set and control the material spread rate. Excessive salt usage is expensive and can affect the environment. Too much sand creates sewer and clean -up problems. Operators shall apply an optimum spread rate at all times. The 'Dickey-John' (DJ) application controller is capable of transmitting usage data through the automatic vehicle location (AVL) system. Equipment must be kept in good operating condition. D,J controllers and associated spreading equipment shall be thoroughly inspected and calibrated prior to the winter season. Operators will inspect equipment daily throughout the winter to ensure it is kept in full running order. TRAINING Annual refresher training to update operators on the application of winter de -icing materials shall be conducted between October 1 5`" and 30`" in conjunction with best practices for snow - plowing and other operational strategies. Spreader equipment is inspected and calibrated. RESPONSIBILITY Manager: manage material inventory, re -order points and usage, report Foreman: preparation /mixing, storage, allocations, usage, report Operator: care of equipment, D,J system operability, usage, report Resource Desk: track usage and inventories, prompt re -order Purchasing: supply agreements, order in accordance with procedures MEASURES Usage and cost by kilometre serviced C@ storm severity index Available inventories ( %) - daily and at outset of storm events OCTOBER 2009 159 PAGE 18 a) WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN PART : MAINTAINING STREET RIGHT- OF-WAY PURPOSE To ensure availability of the right -of -way for safe and efficient movement of pedestrians and vehicles PUBLIC R -O -W The public street right -of -way (R -O -W) is intended to provide space for public infrastructure and the movement of people, goods and vehicles. Maintaining the capacity of the public R -O -W is critical for attainment of winter streets and pedestrian service objectives; supporting emergency and utility services, providing for street drainage and the safe, effective movement of pedestrians and vehicles. Vehicle lanes must be clear of ice and snow, with sufficient width for the safe and efficient passage. Ditches and storm sewer components convey water away and mitigate icy conditions on the street. Curbs /gutters define edge of roadway and direct rain water and snow melt to catch basins and storm sewers. Sidewalks are intended for the safe passage of pedestrians; a network of pedestrian ways open for school children, walkers, transit commuters and commercial enterprises across the community. Medians and other R -O -W space also provide essential storage capacity for placement of snow and ice pushed back from streets and sidewalks. It is essential to service that clear priority be given to maintaining the intended purposes of the street R -O -W. Failure to do this will mean undue limitations on winter service effectiveness and avoidable costs. BY -Laws Policies and by -law provisions for traffic, on- street parking, and street or sidewalk obstructions are designed to enhance effectiveness of service delivery and to help control service costs. Appendix "E" includes municipal by -laws that help the City deal with the circumstances, persons or objects that compromise its ability to clear streets and sidewalks of snow and to re- establish the functions of the public street R -O -W in winter conditions. OBSTRUCTION Section 30.1 of A By -Law Relating to the Public Streets in the City of Saint John and to Prevent Nuisances in the Said City provides that: OcrOBER 2009 "No person shall place, put, throw, deposit or sweep upon the paved or main - travelled portion of any street or a sidewalk, or cause to be placed, put, thrown, deposited or swept upon the paved or main - travelled portion of any street or a sidewalk, any snow or ice" Penalties for violations are prescribed in the By -Law. •1 PAGE 19 a) WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN PARKING Vehicles parked or abandoned on City streets during the winter seriously disrupt service and create hazards for public safety. Parked cars interfere with emergency vehicles, impede buses and passengers, make clearance of snow from the right -of -way virtually impossible and markedly increase costs to taxpayers generally. Service cannot be effective or operations efficient when plows and removal equipment must try to navigate around parked obstacles. For quality and cost - effective maintenance of winter streets and sidewalks, on- street parking needs to be restricted during the winter months. Section 113(5) of the Motor Vehicle Act permits the municipality to prohibit on- street parking without a traffic control device (sign), providing the restriction is for purposes of winter snow control and does not extend beyond the midnight to 7 am time period. Appendix "D" details Winter Street Parking Restrictions that prohibit parking on all municipal streets, except designated exceptions, between midnight and 7 am each day from November 15 th to April 1 5`" Section 50(a) of the Traffic By -Law provides: "Notwithstanding any other provision of this by -law or the presence of parking meters or the presence of signs that have been erected in the City of Saint ,John prohibiting or permitting the parking of vehicles upon streets or portions of streets during the hours stated thereon, no person shall, between November 15 and April 15, inclusive, of each year, park a vehicle on a street, except for those streets listed in Schedule "R , between the hours of 00:01 and 07:00. " EXCEPTIONS Appendix "D" provides maps and a listing of streets excluded from the Restriction; in four areas of the city with particular parking challenges: Wright Street area immediately north of Throughway Old North End Lower West South Central Peninsula SUSTAINABILITY Achieving consistent winter service standards across the community, at reasonable cost to taxpayers, depends on streets being free of parked vehicles and other impediments to service. Available off - street parking space must be fully utilized to free vehicle clogged streets. Taxpayers generally should not be expected to subsidize those owners who do not make adequate provision for parking. Service inefficiencies and added costs can be avoided. OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PAGE ZO IN WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN PART : EQUIPMENT RESOURCES AND FACILITIES PURPOSE To optimize use of winter service resources through preparation, operator care and timely repair EQUIPMENT Winter services require dedication of heavy equipment. Maintaining the operational availability of these essential resources is critical to service: 0 Heavy trucks equipped with front plows and spreader units - 12 0, Heavy trucks equipped with front and wing plows - 18 0 Graders equipped with plows and wings - 2 (1 leased) 0 Loaders equipped with plows and wings - 6 0, Loaders equipped with front plows - 2 (1 leased) 0 Yard loaders with front buckets only - 2 (2 leased) 0 Heavy snow blowers (attachments for above loaders) - 4 0, Wheeled (Trackless) sidewalk units with attachments - 16 (2 leased) 0 Tracked (Bombardier) sidewalk units with attachments - 3 (2 leased) 0 Heavy truck to provide material support to sidewalk units - 1 0, Light truck to provide material support to sidewalk units - 1 0 Backhoes (for winter drainage support) - 6 0 Towed culvert thawing machines (for winter drainage support) - 3 0, Asphalt recycling machines (for winter asphalt maintenance) - 2 0 Various light equipment and vehicles for support and supervision FACILITIES The following facilities support winter service operations: MUNICIPAL OPERATIONS & ENGINEERING COMPLEX 0 75 ROTHESAY AVENUE): Winter Operations Centre (WOC), with Resource Desk for inquiries and support; and staging for plow routes and some sidewalk units MCALUSTER DRIVE: Staging for plow routes and some sidewalk units; salt and sand management facility; and storage site for supplies BAY STREET (MATERIALS BuILDING): Salt and sand management facility F BOARS HEAD ROAD: Staging for most sidewalk units, and sidewalk support vehicles SNow Dumps: Locations for dumping of the snow and ice removed from City streets OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PAGE 21 162 a) WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN SUPPLIES Winter supplies include: cutting edges for plows (both plain steel and carbide tipped), side and cross chains to fabricate tire chains; cold mix for pothole patching; propane for culvert thawing and asphalt recycling equipment; and calcium chloride for thawing frozen catch basins. OTHER Contracted resources are also used, including: hired tandem trucks and dump trailers for snow removal; graders for ice cutting operations, as required; loaders and heavy trucks with front plows and wings for several plow routes; bulldozers for maintenance of snow dumps. READINESS Equipment care and readiness activities are summarized below: Preventive maintenance servicing; MVI for all winter equipment scheduled /completed between April 1 '` and October 31'. Contract resource specifications advertised by August 31 `. Inventory of supplies by May 15`"; orders placed with delivery by October I". AVL and Qj spreader control systems checked and calibrated not later than October 15 th Winter tires ordered, studded, installed by November 15 th Heavy equipment, truck bodies and plow attachments sandblasted and /or re- painted, as required, no later than October 31 ". Equipment inspections by operators; mechanical maintenance and repairs identified and scheduled with Fleet Services. Thorough interior /exterior cleaning /washing on bi- weekly basis. Post- season equipment inspection with attachments by May 15`"; welding and mechanical repairs identified and scheduled; pieces labelled and stored in locked accommodation or yard location. RESPONSIBILITY Manager: assigned fleet, inspect, arrange contract resources, report Foreman: preparedness and servicing of assigned sub - fleet, report Operator: inspect, clean and wash, report required servicing /repair Fleet Services: preventive maintenance and timely repairs MEASURES Equipment availability rate: by unit and overall fleet OCTOBER 2009 Incidents of equipment downtime greater than 12 hours Cleanliness of equipment and documented walk- around inspections 163 PAGE 22 F/ PURPOSE CONTENT OBJECTIVES* RESPONSIBILITY MEASURES OcrOBER 2009 WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS WINTER DRAINAGE To keep drainage systems open and functional, and ready for periods of rainfall, mild temperatures and snow /ice melt Winter drainage activities are summarized as follows: Inspect, remediate and mark all key drainage points prior to November V. Minimize build -up of snow and ice at catch basins and system inlets and outlets. Inspect all key catch basins and storm system inlets weekly over the winter season. Remove ice and snow from key catch basins and storm system inlets during periods between winter storms. Steam frozen culverts; apply de -icing materials to frozen catch basins and stormwater laterals. Respond to localized flooding and clear compromised drainage systems. Key catch basins and storm system inlets open and operational during periods of precipitation and mild temperatures (snow /ice melt). Program effectiveness tied to Snow and Ice Removal and demanding drainage issues in some snow management zones. *Storm /temperature severity and freeze /thaw fluctuations will impact drainage and could limit effectiveness of mitigation measures. Manager: organize general program deployment, report on results Foreman: coordinate inspections, record, direct crews, report status Drainage Crews: service key drainage points as directed Resource Desk: receive /track requests for service and follow -up Municipal Engineering: drainage infrastructure plans, engineering Record of drainage inspections identified drainage issues (inspections /calls for service) addressed key catch basins /storm inlets open in snow management zone 164 PAGE 23 F/ .a. y PURPOSE CONTENT OBJECTIVES* RESPONSIBILITY MEASURES OcrOBER 2009 WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS WINTER ASPHALT MAINTENANCE To provide emergency repair of street defects and potholes for roadway safety and winter driveability Winter asphalt maintenance activities are summarized as follows: Inspect street system on a bi- weekly cycle to identify surface defects and potholes resulting from alternating freeze thaw cycles in the road base and vehicular traffic. Receive requests for service and organize action response to reported road defects. Deploy crews to make emergency (temporary) street surface repairs with cold mix asphalt, granular materials or recycled hot mix (portable units), as appropriate. Public notices and media advisories on road conditions during freeze /thaw cycles Recording winter defects /potholes for permanent hot mix asphalt repairs Service response by priority based on need: : Arterial streets, highway connections, emergency routes 2: Major bus routes, schools, community centres, business districts 3: Collector streets, minor bus routes, industrial parks : Local or subdivision streets *Storm /temperature severity and successive storms will impact ability to undertake emergency street repairs Manager: organize and prioritize asphalt repair activities, report Foreman: coordinate inspection, recording and repairs, report repairs Maintenance Crews: carry out repairs using appropriate materials Resource Desk: track service requests, inspections, follow -up Pavements Coordinator: monitor defect /pothole reports, use in plans Recorded street system inspections Recorded calls for service appropriately acted upon identified defects /potholes repaired by priority grouping and street 165 PAGE 24 a) WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN PART : RESPONSIBILITIES AND REPORTING PURPOSE To clearly delineate responsibilities and reporting protocols for effective winter operations and service COMMISSIONER The Commissioner shall approve the Winter Management Plan for Streets and Sidewalks and oversee delivery of associated services, and report issues and outcomes to the City Manager and Common Council. D/COMMISSIONER The Deputy Commissioner, Municipal Operations is responsible to the Commissioner for winter operations and execution of this Plan. MANAGERS RESPONSIBILITIES Managers are responsible for the following: 0 Service delivery in their area of jurisdiction 0 Establishing human resource and equipment requirements, and assigning those resources 0 Managing inventory of anti - icing, de -icing and abrasive materials and other supplies, such as cutting edges, tire chains and cold mix 0, Coordinating and sharing of resources with other areas, as required 0 Proper use, maintenance and inspection of equipment 0 Monitoring of work progress and quality control 0, Scheduling of crews, including call -ins and overtime 0 Reporting progress and other information to key stakeholders 0 Annual training of staff on this Plan 0, Table top exercise in preparation for winter operations REPORTING Managers shall report to the Deputy Commissioner and the Winter Operations Centre on operations: 0 Percentage route completion, measured by individual route and summarized as an overall task completion percentage, Exceptions; right of ways that could not be plowed due to restrictions such as parked cars or excessive snow, 0 Equipment and personnel availability, 0, Trouble spots; areas where conditions are unusually bad (and what is planned to deal with the circumstances). OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PAGE 25 166 a) WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN FOREMEN RESPONSIBILITIES Reporting to the Manager, each Foreman is responsible for: 0 Ensuring that operations are carried out safely, efficiently and in accordance with the Winter Management Plan 0 Preparing personnel for winter operations by reviewing routes, assigned equipment and new procedures Maintaining an accurate call out roster 0 Calling in their crews during call -in situations 0 Reacting to changing conditions during snow events by reassigning personnel and resources where required 0 Proper use, maintenance and care of equipment 0 Monitoring work progress and performing quality control checks Control of working hours and productivity individual operators 0 Reporting progress and other information to the Manager and /or the Winter Operations Centre, depending on circumstances 0, Adherence to safety and standard operating procedures 0 Participating in annual training /exercises in preparation for winter Foremen play a vital role during snow events coordinating activities in the field. They provide first hand information to the Winter Operations Centre regarding conditions, changing weather and equipment status. REPORTING Foremen are responsible for tracking the progress of their operators and reporting to the Manager and the Winter Operations Centre, as required, on the following: Snow event response phase; sanding /salting, plowing and push back Percentage route completion, estimated from individual operator progress reports Exceptions; right of ways that could not be plowed due to restrictions such as parked cars or excessive snow and ice 0, Equipment and personnel availability 0 Trouble spots; areas where conditions are unusually bad and might affect traffic flow. OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PAGE 26 167 OPERATORS WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS RESPONSIBILITIES Each operator and employee is responsible to the foreman for: 0 Learning their assigned route, including street priorities and levels of service 0 Performing pre- operation checks on equipment, ensuring that accessories such as flashlights, shovels, signs and PPE are available Operating equipment in a safe, efficient manner 0 Proper use, maintenance and care of the equipment operated, 0 Reporting equipment damage or deficiencies as soon as possible Reporting problematic issues to the foreman, including vehicles and illegally dumped snow blocking access 0 Monitoring and reporting on route progress Completing annual pre- season training on winter operations Operators are directly engaged in service delivery to citizens. Using their training, experience and judgment, they are expected to respond to ever changing circumstances to provide best service at all times. REPORTING Operators shall report on the following to their foremen: Completion status of their route 0 Impassable or restricted streets; streets that cannot be completed 0 Equipment problems 0, Accidents or incidents 0 Any changes in local street or weather conditions WOC The Deputy Commissioner, Municipal Operations shall closely monitor operational progress during a winter storm event through the Winter Operations Centre (WOC). Members of staff involved in snow response have a role to play in ensuring complete and accurate status reporting. The public shall be kept informed throughout the event. The WOC shall provide a spokesperson for the media and communiques for the public through Corporate Communications. The WOC shall maintain liaison with Fleet and Materials Management regarding supplies, equipment status and repair priorities. OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PAGE 27 •: WINTER MANAGEMENT PLAN FOR STREETS AND SIDEWALKS SA1N'T JOHN PART : TRAINING AND PLAN ADMINISTRATION PURPOSE To ensure overall readiness for winter operations and continuous improvement of this Plan RESPONSIBILITY The Deputy Commissioner, Municipal Operations is responsible to the Commissioner for the administration and continuous improvement of the Winter Management Plan for Streets and Sidewalks, including coordination of staff training and exercises related thereto. ANNUAL REVIEW Overall effectiveness of the Plan and its various components shall be reviewed annually before September 30`" and updated. TRAINING Training on the Plan shall provide officials and staff (employees) with an understanding of service standards and performance expectations over the winter season and prepare Municipal Operations for delivery of essential winter street maintenance and sidewalk services. All staff employed in the delivery of winter street maintenance and sidewalk services shall complete this training and participate in an annual refresher seminar. EXERCISES Exercises shall be organized and carried out to acquaint officials, staff and others with winter responsibilities, to practice response procedures and to verify Plan effectiveness. The experience gained through these rehearsals shall be used to enhance the Plan and strengthen winter service response capabilities. OCTOBER 2009 SAI T OH ... A LIVEABLE WINTER CITY PAGE 28 APPENDIX "A" CHALLENGES OF WINTER SERVICE VITAL SERVICE Effective servicing of streets and sidewalks over the winter is vital to everything that depends on functional roads, streets and sidewalks to move people, vehicles and goods safely through extremes of weather. Service seeks to maintain accessibility and safety by mitigating the combined effects of rain, freezing rain, ice pellets, snow, extremes of temperature, formation of ice, and runoff. The operations involved are similar in nature and approach to those involved in emergency management. There is a pre - planning and public education component, a service "response" to each weather event, and a "recovery" phase after the event. Effective communications with the public and public officials before, during, and after winter weather events is also a key. POLICY NEED Winter snow and ice control is resource intensive and expensive, utilizing large and specialized pieces of equipment, operated by well trained staff. A ready supply of de -icing and abrasive materials is essential. A fundamental policy decision for every Canadian community is the level of winter service it needs, along with the funding required to support that level of service. DEFINING LOS Level of service (LOS) for winter streets and sidewalks can be defined in a several ways; the most common being in terms of "time" - time taken to produce a "desired" result or to return the network to "accessibility" or "functionality" (e.g. time for a street to be cleared or plowed after a storm, a sidewalk to be opened, snow to be removed and hauled away). Community expectations are often loosely tied to past experience. Besides time, the quality of result is also a factor - initial clearing, widening, surface condition. Consistency of response and recovery operations is a key consideration in managing public expectations. Response involves much more than simply a measure of time. Winter weather in Saint ,John is highly variable - the intensity and duration of winter events, fluctuating temperatures, moisture content of snow, and winds are all factors that have a bearing on the "time" needed to produce results. A mid - winter snow storm of 60 cm on top of existing snow cover will take longer to deal with than one of 15 cm in early fall. Compounding variations in weather and storm severity are the fact that storms begin and end at any time of the day or night. People are also affected differently depending on timing of storms - some are cleaned up by the morning "rush hour ", others are just beginning. Roads could be slippery when traffic is heavy, or when there is little traffic. All these factors have a bearing on public perception of service - when "time" or conditions are considered in isolation of other pertinent factors. OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PAGE A -1 170 STORM TYPES PRIORITIES OcrOBER 2009 APPENDIX "A" CHALLENGES OF WINTER SERVICE Service standards have to be set with some reference to time, but must also consider other factors such as severity of a storm, response of service providers against a defined standard, level of resources committed against a standard and the additional resources available to a community in extreme circumstances. Ten storm categories, with associated response, are outlined below: 1. Snowfall < 8 centimetres; ambient temperature from -2 °C to above 0 °C; light winds; spreaders only, no full street plowing necessary 2. Freezing moisture on roads or frost coming out, with no accumulation; spreaders only, no plowing 3. Snowfall 8 < 16 centimetres; ambient temperature > -4 °C; spreaders and full plowing necessary 4. Freezing rain and /or ice pellets < 2 centimetres, mild temperatures; spreaders only, no plowing 5. Snowfall 16 < 32 centimetres, ambient temperature -6 °C < 0 °C; spreaders and full plowing necessary 6. Snow, freezing rain and /or ice pellets > 2 centimetres; spreaders and full plowing to scrape inventory of streets 7. Snowfall 16 < 32 centimetres, with heavy winds, ambient temperature -6 °C < 0 °C; spreaders and full plowing necessary 8. Snowfall > 32 centimetres, ambient temperatures -6 °C < 0 °C; spreaders and full plowing necessary 9. Snowfall > 32 centimetres, with heavy winds, ambient temperatures -6 °C < 0 °C; spreaders and full plowing necessary 10. Snowfall > 20 centimetres, followed by freezing rain, then rain, then falling temperatures, ambient temperatures -12 °C or below to +2 °C and above; spreaders and full plowing necessary The structure of priorities that forms the basis for service standards on both streets and sidewalks is organized as follows: 1. Arterial streets, highway connections, emergency routes (routes to critical community facilities such as hospitals and fire stations) 2. Major bus routes, schools, community centres, business districts 3. Collector streets, minor bus routes, industrial parks 4. Local or subdivision streets 171 PAGE A -2 a) D( "A" CHALLENGES OF WINTER SERVICE SA1N'T JOHN Winter service has to be based on the relative priority of streets in the overall transportation network; not all can be serviced at the same time. Servicing must start at some point in the system and at some point in time, and then continue until completed at a later point in time. Priorities must be established for system components. Winter service levels, in terms of time, will be different for different roads, streets and sidewalks, depending on their priority in the system. Higher priority components - arterial streets and traffic collectors or those connected to vital community facilities such as hospitals and fire stations - call for a higher level of service than others. Winter service standards desired by the community have to be supported by policies and resources allocations (funding) necessary to carry out service expectations. The administration shall execute the standards sought by Common Council, with the adopted policies and resources made available to do so, subject to severity of conditions. WINTER REALITY In addition to "time" and "condition" as service indicators, it is also useful to think in terms of response or deployment of resources against defined reaction policies and planned deployment. Operational response is normally ramped up at the onset of winter weather and its severity, from street anti -icing activity in the early stages of a storm, to full plowing and de -icing of streets and sidewalks during and after a storm. Post plowing operations in the days following a storm include plowing push back, widening, sanding, and de -icing of streets and sidewalks, and snow blowing and removal (hauling) operations to widen narrowed streets and open major bus stops, areas around schools and sidewalks in high priority areas. The level of service could be the degree to which the service plan(s) are executed - conditions in the transportation network can vary with severity of weather, regardless of how well operational plans may be executed. The actual surface condition produced may meet service standards in most storms but may not be the same for all storms. To assure a minimum level of service, it is necessary to plan for some redundancy to account for equipment breakdowns or other delays. Human, equipment and contracted resources have upper limits. Extraordinary winter weather conditions will exceed the capacity of planned resources to respond. Established service standards reflect a level of service for "normal" winter weather and more typical storm events. As such, despite best efforts, the level of service possible may not be as identified in the in the Winter Management Plan. OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PAGE A -3 172 APPENDIX "A" CHALLENGES OF WINTER SERVICE GUIDELINES Service guidelines for streets are outlined hereunder: 0 PRIORITY 1 STREETS a. Anti -icing applied in every snow event prior to or within 2 hours of start of precipitation b. Remain open for emergency vehicles through all storm events c. Pushed back and widened 6 hours after end of a storm event d. Bare pavement of travel lanes 8 hours after the end of a storm and curb to curb within two days after end of the storm e. Snow removal before 20 centimetres accumulation or as soon as possible after a major storm f. Snow removal for sidewalks as determined necessary, in conjunction with street snow removal 0'' PRIORITY 2 STREETS a. Anti -icing applied within 4 hours of start of precipitation b. Remain open for emergency vehicles through all storm events c. Pushed back and widened with bare pavement centre line 8 hours after end of storm d. Snow removal before 30 centimetres accumulation or as soon as possible after a major storm e. Snow removal for sidewalks as determined necessary 0 PRIORITY 3 STREETS a. Plowing begins within 4 hours after end of a storm event b. De -icing or sanding applied within 2 hours after plowing c. Pushed back and widened with bare pavement centre line 12 hours after end of a storm event d. Snow removal before 60 centimetres accumulation or as soon as possible after a major storm �I PRIORITY 4 STREETS a. Plowing begins within 4 hours after end of a storm event b. De -icing or sanding applied within 4 hours after plowing c. Pushed back, widened and accessible with snow pack 12 hours after end of storm d. Snow removal as determined by conditions OCTOBER 2009 SAINT OH ... A LIVEABLE WINTER CITY PAGE A -4 173 APPENDIX "B" STREET PLOW ROUTES SA1N'T JOHN PLow RoUTES City streets are organized into 31 winter plow routes for servicing, with route maps attached hereto. ROUTE CENTRE -LINE KILOMETRES Bayside Drive Grandview Heatherway Priority 1 24.3 km 2. Rothesay Ave McAllister Loch Lomond Priority 1 18.5 km 3. Rothesay Road Sandy Point University Priority 1 21.1 km 4. Southern Peninsula Priority 1 16.0 km 5. Millidge Ave Main St Chesley Drive Priority 1 14.5 km 6. Lancaster Avenue Market Place Priority 1 6.6 km 7. Main St W Westfield Road Manchester Priority 1 13.6 km 8. Fairville Boulevard Ocean Westway Priority 1 15.7 km 9. Central Business District South 14.1 km 10. Peel Plaza Waterloo 13.9 km 11. Old East 12.1 km 12. Westmorland Silver Falls 17.5 km 13. Forest Hills Glen Falls 25.0 km 14. Champlain Heights Heatherway 28.5 km 15. Bon Accord Lakewood Heights Greenwood 23.3 km 16. Loch Lomond Airport 12.2 km 17. Golden Grove Hillcrest Churchland 30.0 km 18. Red Head Old Black River 37.5 km 19. Kennebecasis Foster Thurston 19.8 km 20. Millidgeville 23.6 km 21. Portland Place Sandy Point 20.6 km 22. Old North End Douglas Avenue 17.9 km 23. Mount Pleasant Wright Street 15.5 km 24. Lower West 17.1 km 25. Fundy Heights 16.7 km 26. Plateau 14.1 km 27. Greendale Quinton Heights 18.9 km 28. Milford Randolph 13.4 km 29. Westgate Lorneville 33.8 km 30. South Bay 7.7 km 31. Morna 11.3 km OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PAGE B -1 174 Bayside Drive Grandview Heatherway Pri 1 Tandem 652 P/W 2. Rothesay Ave McAllister Loch Lomond Pri 1 Tandem 622 P/W 3. Rothesay Road Sandy Point University Pri 1 Tandem 620 P/W 4. Southern Peninsula Priority 1 Grader 677 P/W 5. Millidge Ave Main St Chesley Drive Pri 1 Tandem 658 P/W 6. Lancaster Avenue Market Place Priority 1 Loader 702 P/W 7. Main St W Westfield Road Manchester Pri 1 Tandem 639 P/W 8. Fairville Boulevard Ocean Westway Pri 1 Tandem 657 P/W 9. Central Business District South Loader 710 P/W 10. Peel Plaza Waterloo Loader 713 Plow 11. Old East Loader 705 P/W 12. Westmorland Silver Falls Loader 701 P/W 13. Forest Hills Glen Falls Grader 2170 P/W 14. Champlain Heights Heatherway Truck 626 P/W 15. Bon Accord Lakewood Heights Greenwood Truck 627 P/W 16. Loch Lomond Airport Loader Contract 17. Golden Grove Hillcrest Churchland Tandem 621 P/W 18. Red Head Old Black River Truck 617 P/W 19. Kennebecasis Foster Thurston Tandem 614 P/W 20. Millidgeville Truck 633 P/W 21. Portland Place Sandy Point Truck 635 P/W 22. Old North End Douglas Avenue Loader 704 P/W 23. Mount Pleasant Wright Street Loader 712 P/W 24. Lower West Loader 703 P/W 25. Fundy Heights Truck 619 P/W 26. Plateau Tandem 623 P/W 27. Greendale Quinton Heights Tandem 618 P/W 28. Milford Randolph Truck 615 P/W 29. Westgate Lorneville Tandem 616 P/W 30. South Bay Loader Contract 31. Morna Loader Contract OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PAGE B -2 175 ROUTE SUMMARY A summary of the 31 plow routes, by street priority, is provided in the table on the next page. OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PACE B -3 176 APPENDIX "B" STREET PLOW ROUTES SA1N'T JOHN SALT UNITS Twelve salt and sand spreader units are primary pieces of heavy equipment for street snow control operations. SALT /SAND SPREADER UNIT 1. Tandem 654 2. Tandem 656 3. Truck 603 4. Truck 607 5. Tandem 655 6. Truck 605 7. Truck 606 8. Truck 612 9. Truck 601 10. Truck 609 11. Truck 608 12. Tandem 659 ROUTE SUMMARY A summary of the 31 plow routes, by street priority, is provided in the table on the next page. OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PACE B -3 176 STREET PLOW ROUTES # Plow Route Centre -Line Kilometres by Route Priority Total Km 1 2 3 4 1 Bayside Drive Grandview Heatherway Priority 1 24.3 24.3 2 Rothesay Ave McAllister Loch Lomond Priority 1 18.2 .2 18.4 3 Rothesay Road Sandy Point University Priority 1 38.4 38.4 4 Southern Peninsula Priority 1 16.0 16.0 5 Millidge Ave Main St Chesley Drive Priority 1 27.1 27.1 6 Lancaster Avenue Market Place Priority 1 7.7 7.7 7 Main St W Westfield Road Manchester Priority 1 13.2 .4 13.6 8 Fairville Boulevard Ocean Westway Priority 1 15.6 15.6 9 Central Business District South .6 6.6 .7 7.1 15.0 10 Peel Plaza Waterloo 2.5 2.0 1.6 7.7 13.8 11 Old East 2.7 10.4 13.1 12 Westmorland Silver Falls 9.1 2.3 6.1 17.5 13 Forest Hills Glen Falls 6.2 4.3 16.4 26.9 14 Champlain Heights Heatherway 2.3 7.3 18.9 28.5 15 Bon Accord Lakewood Heights Greenwood 2.8 2.6 17.9 23.3 16 Loch Lomond Airport 12.2 12.2 17 Golden Grove Hillcrest Churchland 17.4 12.5 29.9 18 Red Head Old Black River 25.1 16.1 41.2 19 Kennebecasis Foster Thurston 9.0 14.5 23.5 20 Millidgeville 14.2 1.5 16.4 32.1 21 Portland Place Sandy Point 23.9 3.0 15.2 42.1 22 Old North End Douglas Avenue 3.0 3.4 12.6 19.0 23 Mount Pleasant Wright Street .5 3.2 4.0 8.3 16.0 24 Lower West 3.6 3.3 12.2 19.1 25 Fundy Heights 4.7 1.0 11.6 17.3 26 Plateau 1.5 3.1 12.0 16.6 27 Greendale Quinton Heights 2.8 3.9 16.4 23.1 28 Milford Randolph 9.2 7.5 16.7 29 Westgate Lorneville 1.5 22.0 10.3 33.8 30 South Bay 7.6 7.6 31 Morna 12.3 12.3 Total 165.20 92.70 127.7 286.2 671.8 OCTOBER 2009 SAITOH ... A LIVEABLE WINTER CITY PAGE B -4 177 APPENDIX :: WINTER SIDEWALK SERVICING ZONES SA1N'T JOHN SIDEWALK ZONES Only designated municipal sidewalks shall be serviced in accordance with the objectives set out. SERVICING ZONE KILOMETRES SERVICED S/W Zone A. Red Head Black River 0.00 of 4.26 km S/W Zone B. Loch Lomond Latimore Lake 2.24 of 5.21 km S/W Zone C. Lakewood Bon Accord 5.49 of 9.92 km S/W Zone D. Champlain Heatherway 10.08 of 15.68 km S/W Zone E. Glen Falls Golden Grove 5.12 of 8.51 km S/W Zone F. Forest Hills 8.39 of 12.46 km S/W Zone G. Silver Falls McAllister 17.23 of 20.43 km S/W Zone H. Rothesay Westmorland 14.45 of 18.71 km S/W Zone I. Old East Saint,John 4.56 of 12.88 km S/W Zone J. Kennebecasis 0.46 of 7.27 km S/W Zone K. University Crescent Valley 6.45 of 1 1 .05 km S/W Zone L. Millidgeville 1 0.1 1 of 14.49 km S/W Zone M. Portland Somerset 9.02 of 18.65 km S/W Zone N. Old North Millidge 9.50 of 18.53 km S/W Zone O. Mount Pleasant Wright 10.36 of 21.49 km S/W Zone P. Waterloo Central 16.51 of 21.71 km S/W Zone Q. Southern Peninsula 37.91 of 40.28 km S/W Zone R. Douglas Paradise Row 12.52 of 16.99 km S/W Zone S. Lower West Lancaster 17.24 of 33.54 km S/W Zone T. Fundy Heights 8.10 of 21.87 km S/W Zone U. Plateau 3.85 of 8.04 km S/W Zone V. Quinton Heights Manchester 4.15 of 9.65 km S/W Zone W. Greendale Main West 11.69 of 20.18 km S/W Zone X. Milford Randolph 6.03 of 11.27 km S/W Zone Y. Westgate Spruce Lake 3.27 of 8.11 km S/W Zone Z. Westfield Road 3.79 of 3.79 km OCTOBER 2009 Of the City's 394.97 kilometres of sidewalk, 238.52 or 60.4% are designated for winter service. Resource limits make it impossible to provide consistent and satisfactory service to the entire inventory. Winter sidewalk servicing zone maps are attached hereto. Deployment of personnel and equipment for winter sidewalks is also outlined herein. 178 PAGE C -1 C' ' • If 1. South 1 775 Trackless I, P (less north of Union) 2. South 2 Rental Bombardier Q (northwest of Duke /Sydney) 3. South 3 Rental Trackless Q (northeast of Duke /Sydney) 4. South 4 795 Trackless Q (south of Duke) 5. East 1 783 Trackless E, F 6. East 2 796 Trackless B, C, D 7. East 3 790 Bombardier G, H 8. North 1 Rental Trackless J, L 9. North 2 786 Trackless N, R 10. North 3 782 Trackless K, M 11. North 4 Rental Bombardier O 12. West 1 784 Trackless W, X 13. West 2 794 Trackless S, T, U 14. West 3 785 Trackless V, Y, Z 15. Material 611 Truck Salt /sand to S/W units 16. Material 530 One -Ton Salt /sand to S/W units 17. Reserve 793 Trackless Also used by Night Shift 18. Reserve 778 Trackless Also used by Night Shift 19. Reserve 772 Trackless Also used by Night Shift 20. Reserve 792 Trackless Also used by Night Shift 21. Reserve 791 Trackless Also used by Night Shift OCTOBER 2009 SAITOH ... 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L U) :1 a a) "Pa eAlnbl4 a O U) O y) Pa gas Ip .G N U) CO C Z a > o O W W (n 5 satisse+ b aq p� ai1IH .e and' astn��'e Vats Z 6 Z h � V \doA W o x LU 0 c�Awi gave sµd. cn.stevereRd. 1 ♦ J V L o� < ` nbp neM qe Z cu Pn PaP W ��♦♦ av av Poptd � W a \DStn P\. \ vI ffi sae LL, N��♦ PaP en / �W W L O N >z >C Z APPENDIX "D" ON- STREET PARKING RESTRICTIONS "THE PROBLEM" Vehicles parked or abandoned on streets during the winter are a serious impediment to snow clearance from the public right -of -way (R -O -W) and mean avoidable costs to taxpayers. These obstacles not only make it impossible to plow snow to the curb line or edge of road, but also add risks to the public and snow control operations, reduce efficiency, hinder manoeuvrability of plows and place undue stress on plow operators. Snow clearance cannot be completed when parked cars obstruct the R -O -W; travel lanes narrow, snow accumulates and packs hard, ice forms and plows need to return to the scene time and again. Impacts become magnified over sequential storms. PURPOSE On- street parking is restricted during the winter months to: Maintain travel lanes and enhance pedestrian safety Improve emergency access and traffic flow Support street plowing and snow removal operations Reduce avoidable winter maintenance costs to taxpayers Improve safety of citizens and winter operations Provide cleared space for full street usage during winter months TRAFFIC BY -LAW Winter Street Parking Restrictions prohibit parking on all municipal streets, between midnight and 7 am each day, from November 1 5`" to April 1 5`", except those specifically identified as exceptions. Section 50(a) of the Traffic By -Law applies: "Notwithstanding any other provision of this by -law or the presence of parking meters or the presence of signs that have been erected in the City of Saint ,John prohibiting or permitting the parking of vehicles upon streets or portions of streets during the hours stated thereon, no person shall, between November 15 and April 15, inclusive, of each year, park a vehicle on a street, except for those streets listed in Schedule "R", between the hours of 00:01 and 07:00. " Section 1 13(5) of the Motor Vehicle Act permits the municipality to prohibit on- street parking without a traffic control device (sign), providing the restriction is for purposes of snow removal and does not extend beyond the midnight to 7 am time period. PENALTIES Penalties for violations are specified in the Traffic By -Law. OCTOBER 2009 207 PAGE D -1 The Saint ,John Police Force has the authority to issue tickets and cause vehicles to be removed (towed away) under the provisions of the Winter Street Parking Restrictions. Resources of the Parking Commission and the Police Force are required to ticket and tow vehicles in violation of Winter Street Parking Restrictions. EXCEPTIONS Four areas of the city listed below have special off - street parking challenges and require different arrangements (for the immediate term). The attached maps identify specific street sections in these four areas. Wright Street area immediately north of Throughway Old North End Lower West South Central Peninsula City streets exempt from Winter Street Parking Restrictions are listed in Schedule "R" of the Traffic By -Law. A special one -year exception provision is also in effect for Douglas Avenue. ALTERNATIVES Alternate arrangements to clear snow and ice from those streets exempted from Winter Street Parking Restrictions including: OcrOBER 2009 Temporary "No Parking" signs posted on individual streets to facilitate snow removal, as conditions dictate Alternate side parking where such provisions specifically exist in the Traffic By -Law Permanently prohibited parking on portions of a City street Removal of abandoned vehicles by Police (Motor Vehicle Act) South- Central Peninsula parking ban, with alternate side parking (for this area only Level of service objectives may not be possible on the streets exempted from Winter Street Parking Restrictions. 208 PACE D -2 a) D( "D" ON- STREET PARKING RESTRICTIONS SA1N'T JOHN For the 2009 -2010 winter season only, alternate side parking is permitted on Douglas Avenue, as indicated by installed signs. There will be "No Parking" on either side of the street in the area of Harbour View High School or near intersections or where fire hydrants are located. NOTICES/SIGNS Temporary signage, supported by public service announcements, shall be used on streets exempted from Winter Street Parking Restrictions as the primary means of notifying residents that snow removal will be taking place on the street. TEMPORARY BANS OVERNIGHT PARKING BAN - SOUTH CENTRAL PENINSULA (ONLY) OCTOBER 2009 A temporary overnight parking ban, from 11:00 pm to 7:00 am during the winter, can be declared by the Commissioner, on the evening after each significant snow storm. Such a temporary ban allows crews to push snow back on streets to allow alternate side parking to be close to the curb and to keep the street open. When a declared snow ban is in effect, no vehicles are permitted to be parked on any street within the boundaries of the South central Peninsula. Any vehicles remaining on the street when the parking ban is in effect will be towed at the owner's risk and expense. Public notification will be provided no later than 4:00 pm the day of the ban, and will be done through the following: Recorded information line; 658 -40 -40 News media and radio announcements City of Saint ,John Website; www.saintiohn.ca E -mail; to register for e -mail updates, visit www.saintjohn.ca Information on winter parking in the South central Peninsula is provided in an information brochure produced by the Saint ,John Parking Commission (copy attached). 209 PAGE D -3 mow• 'o U � � a0 lqj'� C 3 2 U U U a rue Cr° ° c E \off $; ° o Q un cu v W w C� p (n s. 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E 9ah s ts� °P s Ey C� J'm � `noP r , m S °m G Z W Jy 1)p `e Qn .1-111P y~e J V1 V' pueWod en rsa ,t5t' rugFt Q r Y�c i� r spuowlSa W �I Y etle�m 95t y P E �..I avetvr'FMP.I. <6 ;b �`Oa c 'is 4e- av, ee S o° !� o �W STREETS TO EXCLUDE FROM WINTER STREET PARKING RESTRICTION DRAFT STREET,'' LIMITS AREA Douglas Avenue Main Street to 190 metres north of Brunswick Drive Douglas Avenue Douglas Avenue Brunswick Drive to Douglas Civic No. 425 Douglas Avenue Albert Street West Entire Lower West Algonquin Place Entire Lower West Blue Rock Court Entire Lower West Brian Lane Entire Lower West Bridgeview Court Entire Lower West Carleton Place Entire Lower West Champlain Street Entire Lower West Chapel Street Entire Lower West Charlotte Street West Entire Lower West City Line Entire Lower West Clarence Street Entire Lower West Clifton Street Entire Lower West Demonts Street Entire Lower West Dominion Court Entire Lower West Dufferin Road Entire Lower West Germain Street West Entire Lower West Guilford Street Entire Lower West King Street West Entire Lower West Maple Row Entire Lower West Martello Road Entire Lower West Olive Street Entire Lower West Prince Street Entire Lower West Queen Street West Entire Lower West Riverview Drive Entire Lower West Riverview Place Entire Lower West Rodney Street Entire Lower West Saint George Street Entire Lower West St. James Street West Entire Lower West Suffolk Street Entire Lower West Tilley Lane Entire Lower West Tower Street Entire Lower West Victoria Street West Entire Lower West Watson Street Entire Lower West Winslow Street Entire Lower West Woodville Road Lancaster Street to Dead End at northerly end Lower West Autumn Street Entire Wright Street Canon Street Entire Wright Street Davenport Avenue Entire Wright Street Glenburn Court Entire Wright Street Gooderich Street Wright Street to Seeley Street Wright Street Revision: October 21, 2009 214 1 of 3 STREET,'' UMITS AREA James Fan Court Entire Wright Street Rockland Road Parks Street to Dead End Wright Street Spring Street Entire Wright Street Summer Street Entire Wright Street Wright Street Autumn Street to Spruce Street Wright Street Albert Street Victoria Street to Dead End Route 17 - Old North End Bridge Street Main Street to Dead End Route 17 - Old North End Bryden Street Entire Route 17 - Old North End Cedar Street Entire Route 17 - Old North End Clarendon Street Entire Route 17 - Old North End Cunard Street Entire Route 17 - Old North End Douglas Street Entire Route 17 - Old North End Durham Street Victoria to Main Route 17 - Old North End Durham Street Newman to Dead End at northerly end Route 17 - Old North End Elgin Street Victoria to Main Route 17 - Old North End Hammand Street Entire Route 17 - Old North End Harvey Street Entire Route 17 - Old North End Holly Street Entire Route 17 - Old North End Kennedy Place Entire Route 17 - Old North End Kennedy Street Entire Route 17 - Old North End Metcalf Street Adelaide Street to Cunard Street Route 17 - Old North End Natalie Street Entire Route 17 - Old North End Newman Street Elgin to Holly Route 17 - Old North End Victoria Lane Entire Route 17 - Old North End Victoria Street Albert Street to Bridge Street Route 17 - Old North End Visart Street Adelaide Street to Dead End at northerly end Route 17 - Old North End Waring Street Entire Route 17 - Old North End Alma Street Entire South Central Peninsula Blair Street Entire South Central Peninsula Britain Street Entire South Central Peninsula Broad Street Sydney to Pitt South Central Peninsula Broadview Avenue Entire South Central Peninsula Brunswick Drive Nevins to Paul Harris South Central Peninsula Canterbury Street Duke to Lower Cove Loop South Central Peninsula Carmarthen Street Entire South Central Peninsula Castle Street Entire South Central Peninsula Charles Street Entire South Central Peninsula Charlotte Street Duke to Lower Cove Loop South Central Peninsula Cliff Street Entire South Central Peninsula Clyde Street Entire South Central Peninsula Delhi Street Entire South Central Peninsula Dorchester Street Carleton to Hazen South Central Peninsula Duke Street Canterbury to Crown South Central Peninsula Elliot Row Entire South Central Peninsula Exmouth Street Entire South Central Peninsula Forest Street Entire South Central Peninsula Revision: October 21, 2009 215 2 of 3 STREET,'' LIMITS AREA Garden Street Entire South Central Peninsula Germain Street Princess to Ross Street South Central Peninsula Grannan Street Entire South Central Peninsula Harding Street Entire South Central Peninsula Hazen Street Entire South Central Peninsula Horsfield Street Entire South Central Peninsula King Street East Carmarthen to Crown South Central Peninsula Leinster Street Entire South Central Peninsula Meadow Street Entire South Central Peninsula Mecklenburg Street Entire South Central Peninsula Middle Street Entire South Central Peninsula North Market Street Entire South Central Peninsula Orange Street Entire South Central Peninsula Paddock Street Entire South Central Peninsula Peters Street Entire South Central Peninsula Pitt Street Entire South Central Peninsula Prince Edward Street Richmond to Brunswick South Central Peninsula Princess Street Water to Charlotte South Central Peninsula Princess Street Charlotte to Crown South Central Peninsula Queen Square North Entire South Central Peninsula Queen Square South Entire South Central Peninsula Queen Street Entire South Central Peninsula Ritchie Street Entire South Central Peninsula Rock Street Entire South Central Peninsula Ross Street Entire South Central Peninsula Saint Andrews Street Entire South Central Peninsula Sewell Street Entire South Central Peninsula Smythe Street Union to Dead End South Central Peninsula South Market Street Entire South Central Peninsula St. James Street Entire South Central Peninsula Sydney Street Princess to Dead End at Southerly End South Central Peninsula Waterloo Street Paddock to Brunswick South Central Peninsula Wentworth Street I Entire ISouth Central Peninsula Revision: October 21, 2009 216 3 of 3 O me% Ca T1 ro w SIN ca H E h7, A 1 19 c 2 1 0 LU Lij w w 2 24 2 F 910itj L �P: PE15 C3 LIJ LL? tij ryp PL U U U f f ML rl Z IR 3, g 3 �312 -:5 Y t T RE If -M. 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III M &C October 26, 2009 His Worship Ivan Court And Members of Saint John Common Council Your Worship and Members of Common Council, SUBJECT: Sick Leave Background On October 13, 2009 Common Council requested a report on "sick leave usage ". The resolution identified the following specific information be provided within two weeks. Information Requested 1. Last Report Submitted On Sick Leave Usage 2. The Provisions Outlined in Various Collective Agreements 3. The Policy for Management 4. The National Average 5. Usage and Costs by Department 6. Corporate Initiatives 7. Analysis 8. Recommendation and Action Plan 1. Last Report Submitted On Sick Leave Usage The last report on Sick leave usage was prepared and presented to Council on September 17, 2007(M7C 4 - 303 copy attached). 2. The Provisions Outlined in Various Collective Agreements The relevant articles that provide for sick leave in each collective agreement are attached as appendix "I". A brief history of the negotiated provisions is provided herein. 1 235 The History of Our Sick Leave Plans Sick leave plans in collective agreements generally provide for the continuance of an employee's salary while he or she is absent from work due to illness. In most cases these provisions are intended to cover short term illness. With most employers, absences in excess of three months are usually covered by a Long Term Disability Insurance Plan. However, in 1977 the City of Saint John through collective bargaining introduced the concept of a Sick Leave Plan and placed it into the collective agreements. As an example the 1977 -1979 Local 18 collective agreement stated: Article 25(c) Sick Leave All permanent and established employees having completed one year's continuous service shall be granted a maximum of thirty (30) days' sick leave with pay in any one year at the discretion of the Director or Department Head concerned. Sick leave which is not used may be carried forward at the rate of fifteen (15) days per year and accumulated so that a combined maximum total of sick leave of one hundred and twenty (120) days shall be granted at the discretion of the Director concerned. Until a plan is negotiated, the provisions under Article 16, Section "A" of the 1967 -1968 Working Agreement will apply. (d) During and after the thirty (30) day period or any part thereof, the Employer or the employee concerned may request an examination by a Board of Medical Doctors, such Board to consist of one (1) Doctor appointed by the City, one (1) by the Union and one (1) chosen by the other two (2) Doctors. The decision of the majority of such board shall be conclusive evidence of the sickness of such employee or his witness to return to his regular duties. In 1979 the basic entitlements detailed in the previous sick leave plan were expanded to include the accumulation of sick leave credits at the rate of a day and a half per month and the concept of the Sick Leave Bank. The Sick Leave bank was intended to provide coverage for employees on extended absences. Employees now had access to sick leave coverage for any short or long term illness subject to medical documentation. This basically put the Citv in a position where all sick leave would be self funded. The entitlements around sick leave have continued to be a topic of negotiations and the plan continues to be self fiinded today. Although intended to prevent an employee from suffering economic hardship due to illness, in some cases it presented opportunities for abuse. The focus of collective bargaining in the late seventies and eighties was on wages and benefits. Employee benefits increased dramatically and the culture of the day could best be defined as one of entitlement. Some employees viewed sick leave as an entitlement based on eighteen days earned per year to be taken at their discretion. It is important to note, the vast majority of employees attendance history demonstrates commitment and the statistics support this. In 2006 70% of employees expended less than 40 hours of sick leave (Appendix «B» 2 236 3. The Policy for Management On June 9, 2009 the Terms and Conditions of Employment for managers were approved. The sick leave provisions detailed in that document include: 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. Long -Term Disability The City of Saint John shall establish and maintain an insured Long -Term Disability Plan which provides: - payment equal to 66 2/3% 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 2/3% of salary until age 65 where an individual is unable to return to any occupation. The fiill details of the plan will be determined through negotiation with the insurance provider. It is the intention of the City to stricture the coverage so that it is coordinated with all other disability programs (i.e. 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. 237 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. The City is exploring options provided by various disability insurance providers with respect to LTD coverage to address longer term absences arising from serious illness. 4. The National Average A recent study, published in the Oxford University Centre for Economic Studies Journal [CESifo Economic Studies, Vol. 53, 1/2007, 97 -114, doi:10.1093 /cesifo /ifm005 - Advance Access publication 21 February 2007] establishes that, the main factors explaining higher usage of sick leave in the twenty participating countries are the generosity of granting sick leave [i.e. the amount], the strictness of employment protection and rate of employment of older persons. Each of these factors has a predominant presence in the City of Saint John Sick Leave Plan. Age can be a significant contributing factor to sick leave usage. According to an article dated April 2006 published on the Statistics Canada website: "Among employees aged 45 and over, 4.6% had a long term- illness leave, which made them significantly more likely (1.5 times) to be on leave than those under age 35. "1 In 2009 the average age of our employees by groups: Outside Workers 47 Inside Workers 44 Firefighters 45 Managers 46 Non -Union 37 Given that we are a unionized public sector employer with an older workforce one would expect our sick leave usage to be above average. However, with the number of pending retirements I expect this average age to reduce over the next five years. The vast majority of organizations struggle with absenteeism in the workplace but statistics indicate that this issue is most significant in the unionized government sector. The average number of days lost per employee in 2008 due to illness is estimated to be 7.0 in the private sector and 10.8 in the public sector. Statistics Canada 1 Katherine Marshall, On sick leave, htt / /www. statcan .ca /enalish /freeDub /75 ®001®XI /10406 /hi h- 2ahtm, accessed September 2007. 4 238 Statistics Canada provides the average time lost due to illness by public sector and private sector employees in Canada. Statistics are provided below. In general days lost due to illness by public sector employees: Year Days lost 2002 9.8 2003 9.6 2004 10 2005 10.2 2006 10.3 2007 10.4 2008 10.8 Days lost due to illness by private sector employees tend to be three to four days fewer per year. Statistics for the City of Saint John The average hours lost due to illness for City of Saint John employees including those situations where an employee missed more than 800 hours and in most cases never returned to work. 2003 89.4 Hours 11.1 Days Per Employee (689 Employees) 2004 97.89 Hours 12.2 Days Per Employee (7 13 Employees) 2005 91.11 Hours 11.4 Days Per Employee (753 Employees) 2006 92.68 Hours 11.6 Days Per Employee (748 Employees) 2007 89.96 Hours 11.2 Days Per Employee (721 Employees) 2008 83.69 Hours 10.5 Days Per Employee (775 Employees) 2009 YTD 65.81 Hours 8.2 Days Per Employee (766 Employees) The average hours lost due to illness for City of Saint John employees excluding those situations where an employee missed more than 800 hours and in most cases never returned to work. 2003 83.73 Hours 10.47 Days Per Employee (689 Employees) 2004 70.80 Hours 8.85 Days Per Employee (713 Employees) 2005 6638 Hours 8.30 Days Per Employee (753 Employees) 2006 68.54 Hours 8.60 Days Per Employee (748 Employees) 2007 62.09 Hours 7.76 Days Per Employee (721 Employees) 2008 62.60 Hours 7.82 Days Per Employee (775 Employees) 2009 YTD 35.66 Hours 4.45 Days Per Employee (766 Employees) 5. Usage and Costs by Department Total Annual Sick Leave Expended 2007 -2009 by Department (Appendix "A ") 239 Total Annual Sick Leave Expended 2005 -2009 (Appendix "B ") Total Annual Sick Leave Expended by Group 2005 -2009 (Appendix "C ") Average Sick Leave Expended per Employee by Group 2005- 2009 (Appendix "D ") The Number of Employees that did not use Sick Leave 2005 -2009 (Appendix "E ") The Number of Employees who expended more than 200 hours Sick Leave per year 2005 -2009 (Appendix "F ") The Number of Employees who expended more than 800 hours Sick Leave per year 2005 -2009 (Appendix "G ") The Number of Employees who expended less than 40 hours Sick Leave per year 2005 -2009 (Appendix "H ") Note that when using statistics based on a department they include employees from all groups and each performs different fiinctions under different working conditions. Statistics by group include employees that perform similar work and similar working conditions. Atlantic Canada Municipalities In comparison the following are sick leave statistics for Municipalities in Atlantic Canada for 2008: These municipalities have LTD Insurance plans and as such their statistics do not include days lost for employees who have transfer to the long term disability insurance carrier. City of Moncton 9.11 sick days used per employee City of Charlottetown Not available sick days used per employee City of Halifax 10.00 sick days used per employee City of Fredericton 1.51 sick days used per employee *City of Saint John 7.82 sick days used per employee *Excludes those employees who have missed in excess of 800 hours due to sick leave in order that an apple to apples comparison can be made. These numbers and costs could be presented in any number of iterations, however, what matters most is: what action is the employer taking to reduce costs and improve performance? 6 240 6. Corporate Initiatives Workers are susceptible to various health problems and sick leave provisions are in place to ensure that employees are provided with the opportunity to receive appropriate medical treatment and regular medical check -ups. This helps promote and maintain employee wellness. Contemporary employers focus on the link between wellness and productivity. The City of Saint John has embarked on a number of initiatives such as: • Providing flu shots • Offering an employee assistance program • Providing health risk assessments • Offering stress mapping • Offering healthy heart sessions • Providing diet seminars • Offering smoking cessation sessions • Providing shift work training program • Providing critical incident debriefing • Providing return to work initiatives • Implementing safety management systems Several of these initiatives are discussed in the previous report. The Corporate Strategic Plan In 2009 our organization developed a Corporate Strategic Plan which is "a roadmap that defines our commitment towards being a high performance public service - one that achieves the outcomes desired by our Community in a cost — effective manner." We have implemented several elements aimed at improving employee productivity. In order for change to be accomplished all stakeholders must be engaged and committed participants. We have had success with this approach. The following illustrates the implementation of initiatives derived from the strategic plan. Performance Review In 2010 The City will implement a formal performance review program for all management, unionized workers. Attendance can be flagged as an issue where appropriate. Attendance Management Human Resources will lead a review of the current Attendance Management Program, and will develop and implement a Corporate Attendance Management Program. Attendance Management Programs when implemented are an effective tool to reduce absenteeism. 7 241 Management Initiatives for Firefighters We have successfully implemented a Return to Work Program that has resulted in many workers returning to work much sooner than in the past. Changes to the Collective Agreement now provide individual and group incentives to reduce absenteeism due to illness Changes to the Collective Agreement now provide for the joint development of a Wellness Program Management Initiatives for Outside Workers The Return to Work initiative continues to be monitored and managed collaboratively by Local 18 and management representatives. Given the results to date, the parties are reviewing the current Return to Work Program and are committed to make changes intended to reduce absenteeism. Management Initiatives for Inside Workers The parties to the collective agreement developed and implemented an effective Return to Work Program. Initiatives for Management We have successfidly implemented a Return to Work Program that ensures a return to work as soon as possible. As noted the City is exploring options provided by various disability insurance providers with respect to LTD coverage to address longer term absences arising from serious illness. 7. Analysis The total sick leave usage is trending downward however our costs remain at about $1,500,000 per year. Significant reductions in the Firefighter Group are driving the downward trend. However, other groups do not reflect a consistent trend. The numbers indicate that 20% of our employees use 80% of the sick leave. The vast majority of City employees take pride in their attendance and we must be mindfid of that. This is a strength that we will use to encourage employees to strive for better performance. 8. Action Plan 1. Current Initiatives The City will continue with the above initiatives given the positive impact to date. 242 2. Collective Agreements The notion of diminishing sick leave entitlements through collective bargaining has produced minimal results. The fact that these provisions are common in most public sector collective agreements makes changes in the mindset of union negotiators and employees difficult. Changes can however be made to qualifications required for entitlement to benefits, the duration of the benefits and the documentation required. These areas will continue to be addressed during contract negotiations. Performance Indicators We have embarked on a series of initiatives that are intended to establish a work environment that supports progress towards the ultimate goal of high performance. The development of measurements and performance indicators are a critical component of that transition. Obviously attendance measures would be a primary indicator in assessing performance and it is critical that these indicators are monitored on a regular basis and timely corrective actions implemented. Contracting Out As our workforce ages the City will have to periodically review what type of work can best be accomplished internally and what work is best contracted out to third parties. Recommendation It is recommended that Council support the initiatives and action plans detailed in this report. Respectively submitted, John McIntyre, CHRP Manager, Human Resources Patrick Woods Acting City Manager 9 243 ,It ,It C14 E 46. 66'tES'98!; u 00-017T'S8", 0 41 C TT,OS6'39$ ell 0/ 01) CU W4) E % 4-J ET'6Z E'ES$ CL sz",ST,ot,$ 41 T5 It C) 6S'TOL'8$ 40 Qj > Eta- L09'€$ 0 eel'. 00 u Cr 00*T-VS'ZS e<,, Ol/ O '7L'56Z'T$ J�l 0/ LS"El7z,T$ .1 0 o 0 C� 0 0 C 0 C� C� 0 0 0 0 Ln qr 0 0 m 0 0 ,It ,It C14 LO N _ c� a 0 i'168'T Z s aid S2 OS•9 tr "E d S2d d p� M..A QO/ 'Z 9'8 s �•dsd ��?r 4.0 Z'IS8'Z <-o E gad 9's 0'60Z'Z da 4�4p G�4y 1% CL OS'80T'T 4 r�� i.i .er.. 7 -b 0S 99L .1r op d 4 /,rte �Q/ O✓Cyr 0 = 00 -SLZ /0 mod% +,✓ mOO'Strt� J o ti '01) SL'ti0T Vi OS78 0/ QS'trtr sG 01 o 00,E9 � 9 °o q q o o 0 o 0 C o 0 o C C lz Ln 0 rN Ln 0 vi LO N 2009 Total Hours Amount Total Hours Quantity Parking Communications Tourism HR Common Clerk Legal Planning Priorities & Planning Finance Building Inspection Leisure Services M & Fleet Services Fire Municipal Operations $1,243.57 $1,295.74 63.00 44.50 $2,541.00 $3,083.32 82.50 101.75 $3,607.43 145.00 $8,701.59 175.00 $29,706.61 766.50 $40,157.25 1,108.50 $53,229.13 2,209.09 $66,950.11 2,351.25 $85,140.00 3,642.00 $86,534.99 $452,930.25 3,406.50 15,581.00 $477,227.43 21,891.15 Total $1,311,348.42 51,567.74 246 ti N c 0 E 0 s a r�- 9L'ET L`L S s o 4w Z6'lTO'-VlT$ NONE= so �t J� dT W 9'L9Z`ZTT$ so J EL'TZZ L $ (201 /0)CL Q dP< 98*OLI E9$ o) f Gt , fig SL'L 0`L17$ OJ dp, y0 V 170 SE'S£$ E17 'G G� J %<r V Lt7"0017'8$ s� `s CO Q t70 "9EE'9$ 4i 110i sCV oJ E9'ZLE'S$ St77Lt?'E$ , &0 017'17LO'Z$ �s �aJ Jed c°) °o q a o c°a 0 C o C o C 0 C C) C C) 0 r..0 0 0 en 0 cr ® m o N 1A, In V� ti N w N c m Z5 c7 0 4 OZ'980`9Z mPjjm=jjjjjmjMmMjjjjj=jjffm= 0/ '8T 4'' �/P OS'TL IgIJIM a 9� SL`09b`S sa OS'SIS`-v sad aay CL by SS`9 z`E G fa) Q o� s S`9WI M �J i 00'806! SZ "OLE 00-ITS co 0 00`VS1 SL'861 00*1ZI rJ �Q 002L J .,r Od b8�� _.._._.__q.SZ- ✓a w t0� c0 3 c°� a o cS 0 0 c3 0a ci o 0 0 o 0 o c� C c7 C a Ln O U) 0 Sri w N 2008 Total Hours Amount Total Hours Quantity Parking Tourism Common Clerk HR Legal Communications Priorities & Planning Planning PSCC Finance Building Inspection Leisure Services MM & Fleet Services Fire Municipal Operations $1,976.31 84.25 $2,074.40 72.00 $3,472.45 121.00 $5,372.63 $6,336.04 198.75 154.00 $8,400.47 311.00 $10,484.54 370.25 $35,354.04 908.00 $47,007.75 1,936.50 $63,170.86 2,853.07 $77,221.73 3,206.55 $112,267.60 4,818.50 $114,017.92 5,460.75 $538,431.78 18,371.50 $567,71376 26,036.20 Total $1,593,302.28 64,902.32 249 O LO N d- 0 E 0 1� J•+ 0 00'E00't,L $ p1 ✓r .y 80106'1 OS$ s� 01 9 '1761'66$ E �o�✓ i S8'L09'1 $ 00 CL cl S9'9bE'p $ l''d, tb9'SEL'9 $ Vf or 0 /-9'106'(S5 O� 6L'S L'O£$ 90' b9'8L$ v roc. �r N4 S 0'9L6'L'$ iy 0 Q €•99Z'9$ ay 6'bLb'E$< VI rr L "1SZ'E$ rJ G0 4i Z'081'E$ �i 0 G R a a a Cl) �f CD 0 0 0 00 0 0 00... r•• p o C> ei 0 0 e 0 o ca 6 0 6 0 e 0 6 IV 0 0 as r ca w 0 cn 0 �T 0 rn 0 N 0 �q O LO N N c d L 0 00 "L 0'EZ ElFAME 08'Lt,L EZ s4 SL"TLE' -r 98 Z9$`Z Rt C f OS` 9Z`£ sdGi dJ OS °5178'Z JJ 'Flo OS'SOZIT V a� Ztb "8SZ'T �06, -� OS'9L5* SZ'8LZ OS'LST OO'Lt,T � OT TOT 4a V '01) OS°LOT� d4� CD o O o 0 ca s o Ln N 0 N Ln o .-i ui N 2007 Total Flours Amount Total Hours Quantity Priorities & Planning Common Clerk Parking Legal HR Planning Finance Tourism PSCC Leisure Services Building Inspection MM & Fleet Services Municipal Operations Fire $3,180.21 107.50 $3,251.76 101.50 $3,474.94 147.00 $6,266.31 157.50 $7,976.05 278.25 $18,641.06 576.50 $30,765.19 1,258.42 $59,901.67 1,205.50 $66,135.64 2,845.50 $70,346.65 3,267.50 $71,607.85 2,862.86 $99,194.46 4,371.75 $501,901.08 23,747.80 $674,003.001 23,087,00 Total 1 $1,616,645.87 64,014.58 252 w 0 70 D co >1 E -2 � L 0 C E LU a- I 0) O O CV '--C) 04 C 0 r.L X LLI E J .1 co 04- F)o 0 0 0 0 0 0 0 0 6 d 0 0 0 C� 0 C� ci 6 ci col 0 cq W w 60 w lK .6% ?A to I Ci Ci, Ci C.) 0 0 0 0 e a° C.; N. 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W a� 0 r4 i i E W 0 cu a now C7 O z N CY7 LM cn N V 0 O C] C> CD 0 0 ® U) ai > T Ln N Ln C-4 r# 0 rL E LLI 4- 0 C� 0 Employees using less than 4OHours Sick Time 2005-2009 2009 #of Employees Total #ofEmployees Hours Outside workers 171 288 2,327.50 |nmideVVorkes 83 125 1,195.25 Fine 97 163 1,007,08 Management 84 85 576.50 Non Union 7 8 57.35 2008 #n7EnnpfVyees Total #ofEmployees Hours Outside workers 137 388 1,988.50 |nmideVVnrkeo 78 132 759^90 Fire 86 16I 1,120.50 Management 80 84 557.25 Non Union 7 8 85.75 2007 #ofEnmp|oymes Total #ofEmployees Hours Outside workers 147 I90 2,250-25 |no|deVVorkes 79 131 2,314^23 Fire 102 166 1,421.80 Management 74 79 612.75 Non 'Union 7 7 79.50 2006 #ofEmmp|oyees Total #ofEmployees Hours Outside workers 165 294 2,193'50 |nsideVVorkes 89 120 1110.83 Fire 101 174 1,097.00 Management 68 75 510.50 Non Union 6 6 111.00 2005 #ofEmployees Hours Outside workers 144 291 2,324.58 |nmldeVVorhes 72 I20 1,041'58 Fire 86 176 914.80 K4anoQernemt 74 71 706.75 Non Union R 9 74.50 Appendix "I" The Provisions Outlined in Various Collective Agreements 296 The Canadian Union of Public Employees Local #18 (Outside Employees) 297 Local 18 —Outside Workers Collective Agreement 23:07 Sick Leave Plan Accumulation (a) From this point forward, accumulated sick time will be kept in hours; therefore the number of days of sick leave accumulated upon the coming into force of this section shall be converted at the rate of eight (8) hours per day. (b) Every Employee shall accumulate sick leave credits at the rate of twelve (12) hours per month worked up to a maximum of one thousand, seven hundred and sixty (1,760) hours sick leave. Accumulated sick leave accrued by the employee shall be carried forward. (c) Upon retirement, employees will be eligible to receive a partial payment for accumulated sick leave credits in excess of one thousand, seven hundred and sixty (1,760) hours. Employees will be paid ten (10%) percent of their regular rate of pay of each hour in excess of (1,760) hours. IM. M781 Sick Leave means the period of time an employee is absent from work with full pay 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. 23:09 Routine Examinations For examinations by physicians, chiropractors, or dentists, every employee shall be entitled up to twelve (12) hours per year not to be deducted from Sick Leave. 23:10 Sick Leave Records As soon as possible after the close of each calendar year, the Employer shall advise the Sick Leave Committee in writing of the amount of sick leave accrued to each employee's credit and to the Bank. PAMI�Imnl "jT%*M I 97M ITMI TOM, IT, nl= The Committee of Local 18 shall consist of two (2) Union members. The Committee of Local Union 18, C.U.P.E. and the City shall consist of two representatives from the Union and two from the City. 23:12 Sick Leave Bank Credits No further accumulation to the Sick Leave Bank will be made after the Bank has a total of eight thousand (8,000) hours. When the Bank balance drops below four thousand (4,000) hours, deductions from employees' accumulated sick leave credits, as determined by the Union, will replenish it. Further credits will again be permitted to the Bank as per Articles 23:16 and 23:19. 3 298 23:13 Sick Leave Bank Allotments (a) The parties to this collective agreement recognize that employees should demonstrate a commitment to performance by a way of regular attendance at work. Accordingly, the Sick Leave Committee will review attendance records and should this record not demonstrate a real effort to be at work, the Committee may deny the employee access to sick leave bank credits. (b) Application for an allotment from the Sick Leave Committee may be made by a permanent employee, who,, for example, through a prolonged illness, has exhausted his own sick leave credits. (c) Such employees may be granted sick leave from the Bank upon the approval of the Sick Leave Committee upon production of the appropriate medical certificate. No allotment from the sick leave bank shall be made until the employee has exhausted all his accumulated sick leave and vacation credits and compensatory time. (d) The first, and only the first, approved allotment of sick leave from the bank for a period of up to six (6) months shall be at the daily rate equal to the employee's daily rate while on his accumulated sick leave. Should this approved allotment extend beyond six (6) months and less than twelve (12) months, the employee will be paid at eighty (80%) percent of his daily rate. Should this absence extend beyond twelve (12) months, the employee will be paid fifty-five (55%) percent of the employee's daily rate. (e) A second allotment of sick leave, to an individual employee, if approved by the Sick Leave Committee from the bank for a period of up to six (6) months, will be paid at eighty (80%) percent of the employee's daily rate. Additional time granted beyond this six (6) month period will be paid at fifty-five (55%) percent of the employee's daily rate. (f) A third, and any additional approved allotment of sick leave benefit from the bank to an employee, will be paid at fifty-five (55%) of the employee's daily rate. (g) An individual employee's maximum lifetime allocation of sick leave credits from the sick leave bank will be three thousand, eight hundred and forty (3,840) hours. (h) An employee will be given light duty work provided medical documentation supports the performance of such duties. The regular rate of pay for such duties shall apply if and when the duties are made permanent. (i) Under no circumstances shall there be any pyramiding of benefits. 23:14 Sick Leave and Vacation Leave Any employee, who by reason of sickness has not completed his annual vacation prior to the end of any calendar year, may carry forward unused vacation to be taken by such employee following his return to work. Where such an employee is unable to return to work he shall be paid a lump sum equal to his remaining vacation pay entitlement. ► 299 23:15 Extension of Sick Leave A permanent employee with more than one (1) year of service who has exhausted his sick leave credits shall be allowed an extension of his sick leave to a maximum of one hundred and twenty (120) working hours. Upon his return to duty, the employee shall repay the extension of sick leave in full before he accumulates credits again. 23:16 Employee Contribution to Sick Leave Bank Subject to Article 23:12, every employee with one year or more of service will allow eight (8) hours per year, commencing January 1, 1978, from his sick leave credits for that year to be added to the Sick Leave Bank. 23:17 Deduction from Sick Leave (a) A deduction shall be made from accumulated sick leave credits of all regular working hours, exclusive of holidays, absent for sick leave. Sick leave shall be paid at the employee's rate of pay for his permanent classification in effect on the first day of sickness. (b) In the event that an employee is unable to report for work due to illness, he will report all absences to his foreman, operator or manager immediately. 23:18 Proof of Illness Where an employee's supervisor or manager is concerned with the sick leave absences of an employee, that supervisor or manager shall notify the employee of the concern and direct that for all future absences the employee provide adequate proof of illness. This would typically occur after four (4) absences from duty. Any lost time associated with obtaining the required medical documentation shall be deducted from the entitlement under Article 23:09 and any medical certificate costs shall be paid by the City. All correspondence shall be copied to the Recording Secretary of the Union and the Manager Human Resources. 23:19 Employer's Contribution to Sick Leave Bank; Employer to Replenish Bank Once Only Upon retirement, employees will contribute fifty (50%) percent of the first one thousand, seven hundred and sixty (1,760) hours of their accumulated sick leave credits in the sick leave bank provided the amount of sick leave credits in the bank never exceeds eight thousand (8,000) hours. The maximum amount of sick leave credits an employee may contribute to the bank is eight hundred and eighty (880) hours. 300 23:20, Military Hospitalization When an employee is absent due to attendance at a military hospital for observations, examination or out-patient treatment in connection with any disability sustained by such employee as a result of military service, there shall be no loss of pay or deductions from accumulated sick leave. Employees shall be required to present a Veteran's Affairs chit for the amount of time detained by the D.V.A. 23:21 Employer to Provide Union with Up-to-Date Employee Benefit and Health & Welfare Plan Text and Amendments The Employer shall provide the Union with a copy of all up-to-date employee benefit and health and welfare plan text and amendments. This article shall not apply to pension plan information. 23:22 Final Resolution Any disputes in regards to the administration of the sick leave plan as defined herein shall be submitted to the under noted persons to act as a sole Arbitrator for arbitration in accordance with Article 55 of the Industrial Relations Act, RSNB. The Arbitrator shall be chosen on an equitable rotating manner. If the first named is unable to act then the next in line shall hear the matter in dispute and give his final ruling within 72 hours from day of appointment which shall be final and binding on both parties. Either party can submit a dispute to a sole arbitrator from the following mutually agreed list. In the event that an arbitrator is unavailable the parties shall apply for expedited arbitration. Ray Gorman Innis Christie Jeff Blanden M 301 LETTER OF AGREEMENT between The City of Saint John, New Brunswick and The Canadian Union of Public Employees, Local 18 (Outside Workers) WORKPLACE QUALITY AND WELLNESS HEALTHY WORKPLACE - QUALITY WORKPLACE 1. A healthy workplace and a safe workplace is a high quality and productive workplace; one with a clear focus on the well-being of people and how those people contribute to organizational success. Achieving a high standard of wellness means adopting a philosophy of prevention and paying attention to details in the work environment. Such a workplace culture offers significant potential for improved employee well-being, enhanced service to the public and reduced negative effects related to health, safety, absences from duty and employee turnover. 2. The Employer and the Union seek to create and sustain a work environment that is healthy, safe and productive, and recognize that fitting investments in wellness can enhance organizational capacity to serve the public. The partnership envisioned through this initiative would have the Union work with the Employer in a strategy to integrate organizational wellness with employee and family wellness. It would be founded on principles of supportive management and employees who care about their work and their own well-being. 3. The parties understand that fundamental values, jointly held, are essential to creating a culture of wellness and success: (a) Mutual trust: a shared sense of confidence among participants; (b) Genuine respect: for people and concern for their well-being; (c) Integrity: conduct that is honest, fair and ethical; (d) Commitment to quality: service excellence to the public; and (e) Responsibility: accountability towards meeting expectations. QUALITY AND WELLNESS MODEL 4. The parties recognize that healthy, fair and progressive human resource management practices contribute to a healthy work environment, quality services and constructive labour relations. Critical success factors include leadership that values employees, conscientious supervision, employee participation and responsibility, labour and management involvement, two-way communication, learning and understanding the need for work-life balance. 7 302 5. The parties shall undertake a multi-dimensional quality and wellness initiative that covers safety management, order and cleanliness in work facilities, proactive return to work measures, duty to accommodate obligations, healthy active living and supportive employee assistance programs, employee benefits administration, and health and wellness, education. 6. By fostering quality and wellness, the initiative would seek outcomes related to improved employee health and well-being, lower health related costs and increased organizational productivity. Outcome monitoring shall focus on measurable performance indicators related to meeting specific success factors for both employees and the organization. 7. This initiative, coordinated through the Mutual Interest Committee, shall emphasize open communication, being proactive, timely intervention and ongoing reporting towards enhanced employee and organizational well-being. The parties believe in the philosophy of affording employees the chance to know, the chance to explain and the chance to improve. PERFORMANCE MEASURES 8. Human Resources shall track performance statistics and costs in a variety of wellness related areas, including, but not limited to: accident frequency and severity; time lost from work due to injury on duty; Worker's Compensation assessment rates; regular attendance at work; and health, dental and drug plan usage. 9. The Mutual Interest Committee shall: (a) Establish objectives related to measurable performance indicators, review quarterly reports on the information compiled, and report outcomes relative to objectives set semi-annually to the City Manager and the Recording Secretary of the Union; and (b) Support the Joint Health and Safety Committee in its efforts to enhance safety management systems, and encourage healthy active living and participation in wellness education. RETURN-TO-WORK PROGRAM 10. Each worker contributes to the effective delivery of services and to the overall success of the organization. Absences from duty as a result of illness or injury are costly and affect many, including workers, their families, managers, co-workers, health care providers, and the public we serve. The parties acknowledge the benefits of a timely return-to-work from illness or injury, and further recognize the importance of financial stability and support for employees absent from work due to illness or injury. 11. The Return-to-Work Program shall encourage employees absent from duty to focus on rehabilitation, help employees and managers understand their responsibilities related to return-to-work, and ensure full and constructive participation in the return-to-work process. It is the goal of the parties that employees absent from duty return to meaningful, safe and Suitable employment as soon as it is appropriate to do so, preferably their pre- absencejob. N 303 12. A joint Return-to-Work Program shall come into effect on January Is', 2007, 13. The following principles shall guide development and administration of the Program: (a) Commitment to a culture of quality, wellness and timely retum-to-work. (b) Joint responsibility for a timely return to meaningful, safe and suitable employment for employees absent from duty as a result of illness or injury. (c) Involvement of the worker in his/her rehabilitation and timely return -to -work. (d) Consensus based on interest-based principles and proactive, ongoing communication among partners in return-to-work. (e) Meaningful and productive work for returning employees that duly recognizes knowledge, skills and aptitudes. (f) Rehabilitation and gradual transition back to full regular or, when necessary, alternative duties. (g) Obligations, responsibilities and rights under the Workers Compensation Act and the Human Rights Act. 14. Return-to-Work Committee (a) A joint Return-to-Work Committee shall develop and guide the Return-to-Work Program. The RTW Committee shall be of equal representation; two members designated each by the Union and the City Manager, facilitated by Human Resources. Health care professionals deemed essential by the Committee may be utilized. Members should be knowledgeable of obligations and responsibilities associated with return -to -work, have an understanding of the challenges often experienced by workers in returning after an absence, and appreciate the benefits of return-to-work and the full range of costs associated with workplace absences. (b) The Committee shall: develop procedures and guidelines, including a standard attending physician's form; provide guidance for suitable alternate work assignments; communicate and promote the Program in the workplace; organize return-to-work teams for individual return-to-work plans; provide guidance and support to workers, management staff, case managers, health and other return -to -work professionals, including representatives of the Workplace Health, Safety and Compensation Commission (WHSCC); meet regularly and maintain a record of meetings; apply interest-based principles towards resolving any disputes that may arise; review and analyze data relevant to absences from duty; and recommend Program improvements. Members shall understand obligations, responsibilities and rights under the Workers Compensation Act and the Human Rights Act. wo 304 15. Return-to-Work Teams (a) A return-to-work team shall be established to work with the employee in circumstances where a return-to-work plan is required, such as: i. The worker has been absent from duty for eighty (80) consecutive hours; or ii. The worker has been advised in writing of concern regarding work attendance; or iii. Special intervention is needed in the opinion of Management or the Union. (b) A team shall include the employee, and one member designated each by the Union and the Department Head, and will be administered by a Case Manager (from Human Resources staff). (c) Each return-to-work team shall: i. Develop the individual return-to-work plan for the employee; ii. Work proactively with the employee and health care professionals in the rehabilitation of the employee, including representatives of the WHSCC; iii. Encourage and support a timely, safe and healthy return to duty; iv. Ensure full dialogue with the employee and other stakeholders; V. Respect principles of confidentiality and need to know; and vi. Understand obligations, responsibilities and rights under the Workers Compensation Act and the Human Rights Act. 16. Occupational Medical Advisor (OM.,k) The Return-to-Work Committee shall appoint an Occupational Medical Advisor (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 Union'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. 17. Training and Administration (a) Members of the Return -to -Work Committee and RTW teams shall be required to participate in joint training to prepare them for their respective roles and responsibilities. (b) Program design shall be documented in a City of Saint John business practice, with details and related procedures developed collaboratively by the Union and Management - with due recognition of specific obligations, responsibilities and rights under the Workers Compensation Act and the Human Rights Act. 10 305 18. Confidentiality and Authorization to Disclose (a) The parties recognize individual rights regarding the confidentiality of employee medical information. Return-to-work procedures shall safeguard the confidentiality of that information with clear restriction to a need-to-know. (b) The disclosure of relevant medical information to the Occupational Medical Advisor (OMA) is essential to the return-to-work process. Sharing information on restrictions, limitations and prognosis for return-to-work shall be the responsibility of the employee. 19. Outline of the RTW Process (a) The need for return-to-work intervention is identified. (b) The Return-to-Work Committee assigns a return-to-work team. (c) The employee is informed and provided with a documentation package. (d) Required documentation, including the attending physician's statement, is forwarded to the Occupational Medical Advisor. (e) The OMA may request supplementary information from the attending physician to better understand response to treatment, limitations, restrictions, and prognosis for return-to-work. (f) The OMA makes recommendations to the RTW Team and helps develop a return-to- work plan. (g) RTW Team oversees the specific return-to-work plan for the employee. (h) The Case Manager coordinates and reports on the process. (i) The employee is successfully reintegrated into the workplace. SUSTAINED IMPROVEMENTS IN PERFORMANCE 20. From an organizational perspective, the Employer seeks to provide a receptive environment and support for positive health and well-being. Workplace wellness is an improvement strategy designed to support achievement of its vision for the future. The underlying goal of the City of Saint John is enhanced operational effectiveness, optimum value for money and better service to the public. 21. Reinvestment in Productivity The Employer is prepared to share sustained and measurable productivity improvements with employees; monies that could be reinvested to supplement the employee share of monthly contributions for health, dental and travel coverage, as provided for in article 23:02 of the Working Agreement: 11 306 (a) Achieving Work Attendance Outcomes i. Where the average annual absences on sick leave (hours per employee) among all permanent employees (members of the bargaining unit) is less than sixty- four (64) hours per year, the Employer shall pay, in lieu of the amount shown in article 23:02, $148.76 monthly towards the cost of single coverage and $196.55 towards the cost of family coverage - for the following calendar year 9RIA. The employee shall pay the remainder of the cost of monthly premiums. It is understood and agreed that such benefit shall extend to permanent employees only. ii. Where the average annual absences on sick leave (hours per employee) among all employees (members of the bargaining unit) is less than forty (40) hours per year, the Employer shall pay, in lieu of the amount shown in article 23:02, $175.03 monthly towards the cost of single coverage and $231.23 towards the cost of family coverage - for the following calendar year only. The employee shall pay the remainder of the cost of monthly premiums. It is understood and agreed that such benefit shall extend to permanent employees only. (b) Demonstrating Leadership and Long-Term Commitment i. In lieu of the $5,000 paid-up insurance policy provided for in article 23:01 of the Working Agreement, employees who have averaged less than sixty-four (64) hours per year over their last ten (10) years of employment and retire may opt to receive a monthly amount of $150 for a period of thirty-six (36) months after retirement. ii. In lieu of the $5,000 paid-up insurance policy provided for in article 23:01 of the Working Agreement, employees who have averaged less than forty (40) hours per year over their last ten (10) years of employment and retire may opt to receive a monthly amount of $200 for a period of thirty-six (36) months after retirement. 22. Recognition for Achievements A system of recognition and awards for both organizational units and individuals shall be established through the Mutual Interest Committee. Key areas of focus shall include: (a) safe driving/operating record; (b) facility upkeep / maintenance rating; (c) community service; (d) quality service testimonials; (e) innovation; (f) equipment care; (g) safe workplace; (h) healthy active living; 12 307 (i) hazard elimination; and ()) others, as applicable. TERMINATioN/RENEWAL 23. The initiatives set out in this Letter of Agreement shall run for the term of the collective agreement, from January 1s% 2007 to December 315, 2010. It may be terminated at the end of that term by either party, or may be renewed for a subsequent term by mutual agreement of the parties. Renewal will be based on the demonstrated success of the initiatives — in the opinions of the parties. 24. Upon termination of these initiatives, all provisions set out herein shall become null and void. Signed in the City of Saint John, New Brunswick on this day of December, 2006. Norm McFarlane, Mayor David Gould, President City of Saint John CUPS, Local 18 13 308 The Canadian Union of Public Employees, Saint John City Hall Employees' Focal Union No. 486, C.L.C. "The Union" 14 309 Local 486 - Inside Workers Collective Agreement 21:03 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. For routine examinations by physicians, chiropractors, or dentists, or routine visits unless as a result of a previous illness every employee shall be entitled to up toI0.5 hours per year not to be deducted from sick leave benefits, 21:04 Sick Leave Plan Accumulation Every employee shall accumulate sick leave at the rate of 10.5 hours per month worked up to an accumulated total of 1400 hours. 21:05(a) Deduction from Sick Leave A deduction shall be made from accumulated sick leave of all normal working hours exclusive of holidays absent for sick leave. Sick leave shall be paid at the employee's rate of pay in effect on the first day of sickness, 21-05(b) Family Care Leave An employee may utilize up to thirty five (35) hours of accumulated sick leave per year for family care leave. Such time can be taken without loss of pay, to provide care during a family illness or to attend medical appointments with a family member as defined in Article 23:01(b). Employees may be required to certify the absence. 21:06 Proof of Ifflness An employee may be required to certify an illness or may be required to produce a certificate from a medical practitioner for any illness in excess of two (2) working shifts, certifying that they are unable to carry out their duties due to illness or due to exposure to a contagious disease. is 310 Employees with more than four (4) one or two-shifts uncertified sick leaves in any calendar year may be required to produce a medical certificate from a doctor for all future absences on sick leave which occur within a calendar year. Any costs incurred in providing the medical certificate will be paid by the Employer. 21:07 Sick Leave During Leave of Absence and -Off an employee is laid off on account of lack of work or is granted an approved leave of absence, the employee shall not receive sick leave credits for the period of such absence but shall retain their cumulative credit, if any, existing at the time of such layoff or leave of absence. These credits, if any, may only be used by the employee after they return to active duty. In the event the layoff period is longer than six (6) months, the credits do not apply. 21:08 Sick Leave and Vacation Leave If an employee is on sick leave he/she shall not be entitled to any vacation benefits in the second or succeeding year of illness. If such employee returns to active service, vacation benefits in that year shall be pro-rated from the date of return to active service. 21:09 Sick Leave Bank Sick Leave credits shall be accumulated in a Sick Leave Bank for the benefit of employees covered by this agreement. The sick leave credits will be replenished by members of Local 486 as determined by the Union. A four member Sick Leave Bank Committee shall be established to administer the allotment of sick leave credits from the Sick Leave Bank. The Committee of Local Union 486, C.U.P.E. and the City shall consist of two representatives from the Union and two from the City. Any disputes in regard to the administration of the sick leave plan as defined herein shall be submitted to arbitration as per Article 13. 16 311 21:10 Back to Work Committee A Back To Work Committee shall be established to ensure that every effort is made to encourage and support the return to work of those employees on sick leave. The committee shall be comprised of members of Management, the Union and Human Resources. Those employees on long term sick leave will undergo an independent medical assessment every 6 months. 21:11 Sick Leave Bank Allotments Applications for an allotment from the Sick Leave Bank may be made by an employee, who has exhausted their own sick leave credits. Only employees with more than one year's continuous service shall be eligible for an allotment from the Sick Leave Bank. In the event an employee becomes totally disabled, as signified by a medical certificate, they shall be referred to the Pension Board. In the event an employee is absent for 120 working days in a 12 month period they shall be assessed by a medical doctor and shall provide medical documentation in a standard form as detailed in Schedule "D". Such employees may be granted sick leave from the Bank upon the approval of the Union Sick Leave Bank Committee and the City upon production of the appropriate medical certification. Employees shall not accumulate vacation credits while being granted sick leave credits from the bank. The accumulated total maximum allotment granted to an employee from the bank during their tenure of employment with the City of Saint John will not exceed 3640 hours. Allotment of Sick Leave from the Bank shall be at a daily rate equal to the employee's daily rate while on their own accumulated sick leave. Under no circumstances shall there be any pyramiding of benefits. 21:12 Sick Leave Records As soon as possible after the close of each calendar year, the employer shall advise the Sick Leave Bank in writing of the amount of Sick Leave accrued to each employee's credit and to the Bank. 17 312 21:13 Military Leave 21:13(a) Any employee who qualifies for acceptance by the CAF (Reserves) shall be entitled to time off with full pay and benefits up to a maximum of 14 consecutive calendar days per annum. for Reserve Training. This training time shall be in addition to holidays contained in this Collective Agreement. 21:13(b) Wages received for such approved Reserved Training shall be reported to the Employer and the employee shall have the option to choose the higher wage between the City and the Department of National Defense. 21:14 Sick Leave and Military Leave Schedule The Sick Leave Plan and Military Leave shall apply to all employees within the bargaining unit. 21:15 Sick Leave Plan Accumulation - Casual Employees Once employed for ninety (90) calendar days, every casual employee shall accumulate sick leave at the rate of 10.5 hours per month worked. However those employees working less then regular full time hours will have their sick leave accumulation prorated based on the hours worked. In the event of a twelve (12) month break in service accumulated sick leave will be eliminated. 18 313 MEMORANDUM OF AGREEMENT NO.5 Between The City of Saint John ("The Employer") F.Trol Local 486, Canadian Union of Public Employees (" The Union") SUBJECT: RETURN TO WORK PROGRAM 1. Each worker contributes to the effective delivery of services and to the overall success of the organization. Absences from duty as a result of illness or injury are costly and affect many, including workers, their families, managers, co-workers, health care providers, and the public we serve. The parties acknowledge the benefits of a timely return-to-work from illness or injury, and further recognize the importance of financial stability and support for employees absent from work due to illness or injury. 2. The Retum-to-Work Program shall encourage employees absent from duty to focus on rehabilitation, help employees and managers understand their responsibilities related to return-to-work, and ensure full and constructive participation in the return-to-work process. It is the goal of the parties that employees absent from duty return to meaningful, safe and suitable employment as soon as it is appropriate to do so, preferably their pre- absence job. 3. A joint Return-to-Work Program shall come into effect on January 1", 2008. 4. The following principles shall guide development and administration of the Program: a. Commitment to a culture of quality, wellness and timely return-to-work. b. Joint responsibility for a timely return to meaningful, safe and suitable employment for employees absent from duty as a result of illness or injury. c. Involvement of the worker in his/her rehabilitation and timely return -to -work. 19 314 d. Consensus based on interest-based principles and proactive, ongoing communication among partners in return-to-work. e. Meaningful and productive work for returning employees that duly recognizes knowledge, skills and aptitudes. f. Rehabilitation and gradual transition back to full regular or, when necessary, alternative duties. g. Obligations, responsibilities and rights under the Workers Compensation Act and the Human Rights Act. 5. Return-to-Work Committee a. A joint Return-to-Work Committee shall develop and guide the Return-to-Work Program. The RTW Committee shall be of equal representation; two members designated each by the Union and the City Manager, facilitated by Human Resources. Health care professionals deemed essential by the Committee may be utilized. Members should be knowledgeable of obligations and responsibilities associated with return -to -work, have an understanding of the challenges often experienced by workers in returning after an absence, and appreciate the benefits of return -to -work and the full range of costs associated with workplace absences. b. The Committee shall: develop procedures and guidelines, including a standard attending physician's form; provide guidance for suitable alternate work assignments; communicate and promote the Program in the workplace; organize return-to-work teams for individual return-to-work plans; provide guidance and support to workers, management staff, case managers, health and other return-to- work professionals, including representatives of the Workplace Health, Safety and Compensation Commission (WHSCC); meet regularly and maintain a record of meetings; apply interest-based principles towards resolving any disputes that may arise; review and analyze data relevant to absences from duty; and recommend Program improvements. Members shall understand obligations, responsibilities and rights under the Workers Compensation Act and the Human Rights Act. 6. Return-to-Work Teams a. A return-to-work team shall be established to work with the employee who has been absent from duty for 70 consecutive working hours. b. A team shall include the employee, and one member designated each by the Union and the Department Head, and will be administered by a Case Manager (from Human Resources staff). c. Each return-to-work team shall: i. Develop the individual return -to -work plan for the employee; ii. Work proactively with the employee and health care professionals in the rehabilitation of the employee, including representatives of the WHSCC; iii. Encourage and support a timely, safe and healthy return to duty; iv. Ensure full dialogue with the employee and other stakeholders; v. Respect principles of confidentiality and need to know; and co 315 vi. Understand obligations, responsibilities and rights under the Workers Compensation Act and the Human Rights Act. 7. Occupational Medical Advisor (OMA) a. The Return -to -Work Committee shall appoint an Occupational Medical Advisor (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 Union'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. 8. Training and Administration a. Members of the Return-to-Work Committee and RTW teams shall be required to participate in joint training to prepare them for their respective roles and responsibilities. b. Program design shall be documented in a City of Saint John business practice, with details and related procedures developed collaboratively by the Union and Management - with due recognition of specific obligations, responsibilities and rights under the Workers Compensation Act and the Human Rights Act. 9. Confidentiality and Authorization to Disclose a. The parties recognize individual rights regarding the confidentiality of employee medical information. Return -to -work procedures shall safeguard the confidentiality of that information with clear restriction to a need-to-know. b. The disclosure of relevant medical information to the Occupational Medical Advisor (OMA) is essential to the return-to-work process. Sharing information on restrictions, limitations and prognosis for return-to-work shall be the responsibility of the employee. 10. Outline of the RTW Process a. The need for return -to -work intervention is identified. b. The Return-to-Work Committee assigns a return-to-work team. c. The employee is informed and provided with a documentation package. d. Required documentation, including the attending physician's statement, is forwarded to the Occupational Medical Advisor. e. The OMA may request supplementary information from the attending physician to better understand response to treatment, limitations, restrictions, and prognosis for return-to-work. f. The OMA makes recommendations to the RTW Team and helps develop a return- to-work plan. 21 316 g. RTW Team oversees the specific return-to-work plan for the employee. h. The Case Manager coordinates and reports on the process. i. The employee is successfully reintegrated into the workplace. 11. Once an employee enters a RTW program that requires partial work days, no deduction from sick leave will occur provided the employees comes to work as scheduled. IN WITNESS WHEREOF the parties hereto have caused this agreement to be duly executed. Signed, sealed and delivered by the City of Saint John on the day of _, 2008 City of Saint John Mayor Common Clerk Date of Common Council resolution Signed, sealed and delivered by the Local 486, Canadian Union of Public Employees on the — day of —, 2008 Local 486, Canadian Union of Public Employees President Secretary NN 317 The Saint John Fire Fighters' Association Local Union No. 771 23 318 14:03(1) Sick Leave Defined Sick Leave means the period of time an employee is absent from work with full pay by virtue of being sick or disabled, or under examination or treatment of a physician, chiropractor, dentist or because of an accident for which compensation is not payable under the Workers' Compensation Act, but not including routine examinations by physicians, chiropractors, dentists or routine visits unless as a result of a previous illness. Sick Leave Plan shall be continued for the duration of this Agreement. 14:03(2) Sick Leave Plan Every employee on Schedule "B" shall accumulate sick leave benefits at the rate of 18 hours per month worked up to an accumulated total of 2280 hours. Every employee on Day Work shall accumulate sick leave benefits at the rate of 10.5 hours per month worked up to an accumulated total of 1330 hours. Every employee on Schedule "C" shall accumulate sick leave benefits at the rate of 15 hours per month worked up to an accumulated total of 1900 hours. 14:03(3) Deduction From Sick Leave A deduction shall be made from accumulated sick leave of all normal working hours, exclusive of Holidays, absent for sick leave, Sick Leave shall be paid at the employee's regular rate of pay. Employees participating in a return to work will be considered to be working full time and will not have sick leave deducted and will continue to accumulate sick leave credits. 24 319 14:03(4) Proof of Illness An employee may be required to produce a certificate from a medical practitioner designated by the City for any illness certifying that the employee was unable to carry out their duties due to illness or due to exposure to a contagious disease. Any medical certificate costs shall be paid by the City. 14:03(5) Medical Documentation Any request from the Employer for medical documentation from any employee covered by the provisions of this Collective Agreement, off duty, as the result of sickness or injury, shall be made through the employee who shall provide the Employer with medical documentation from the attending physician relating to their current medical status. 14:03(6) Sick Leave & Vacation Leave In recognition of the principle that employees absent on extended sick leave do not continue to earn vacation leave during their period of absence on sick leave, employees on sick leave shall not be entitled to vacation benefits in the second or succeeding years of illness. Employees returning to active service from such extended sick leave shall have vacation benefits for that year pro- rated from the date of return to active service. Likewise, employees on sick leave for more than 65 working days in any vacation year shall have their vacation entitlement reduced pro-rata. M 320 14:03(7) Sick Leave Bank Credits Once per year between January 1 st to January 31 st, the Employer shall replenish the sick leave bank to 9600 hours. The bank is to be replenished with any of the hours which any of the employees has in excess of 2280 hours. No deduction shall be made from any employee who has less than 2280 hours of personal credit. 14:03(8) Sick Leave Bank Allotments Application for an allotment from the Sick Leave Bank may be made by an employee, who, for example, through a prolonged illness, has exhausted his/her own sick leave credits. An employee who has not completed his/her probationary period shall not be eligible for an allotment from the Sick Leave Bank. In the event an employee becomes totally disabled, as signified by a medical certificate, he/she shall be referred to the Pension Board and not be eligible to draw from the Bank. Such employees may be granted sick leave from the Bank upon the approval of the Union Sick Leave Bank Committee and the Employer upon production of the appropriate medical certification. No allotment from the Sick Leave Bank shall be made until the employee has exhausted all his/her accumulated sick leave. Allotment of Sick Leave from the Bank shall be at a daily rate equal to the employee's daily rate while on his/her own accumulated sick leave. Under no circumstances shall there be any stacking of benefits. 14:03(9) Sick Leave Records As soon as possible after the close of each calendar year, the Employer shall advise the Sick Leave Bank Committee, in writing, of the amount of Sick Leave accrued to each employee's credit and to the Bank. 14:03(10) Union Sick Leave Bank Committee The Committee of Local 771 shall consist of two (2) Union members. Any dispute with respect to the operation of the Sick Leave Bank will be referred to a third party by mutual agreement. 14:03(11) Recurring Illness The same illness recurring in a twelve (12) month period shall be deemed to be a continuation of the previous illness for sick leave purposes. 26 321 14:►3(12) Medical Assessment Where an employee is on Workers' Compensation or Sick Leave Benefits for a period of three months or more, the Chief may require the employee to appear before a Medical Board for medical assessment. The Board shall be constituted as follows: one doctor appointed by the Employer, one doctor appointed by the employee concerned or the Union, and a Chairman mutually agreed upon by the appointees. Where the two appointees cannot agree, the submission shall be conducted under the provisions of the Arbitration Act. 14:03(13) In the event an employee is deemed by the Medical Board to be unable to perform the duties of their job on a permanent basis, said employee shall make application for a disability pension to the Board of Trustees of the City of Saint John Employee Pension Plan. In the event that the Board of Trustees denies a disability pension for said employee the employee shall continue under the provisions of the sick leave bank entitlement. 27 322 LETTER OF AGREEMENT #5 BETWEEN: The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: Duty to Accommodate The parties agree to focus efforts on active case management where an individual is absent from work due to illness or injury, the goal of which would be to see a timely return to work for the individual. The parties also recognize their obligation to the "Duty to Accommodate" as outlined in the New Brunswick Human Rights Act and the Workers Compensation Act. The Duty to Accommodate obligation is based on the philosophy that all employees have an equal right to work. The elimination of intolerance in Canada is an emerging national value. Employers are being asked to eliminate arbitrary barriers to the inclusion of persons with disabilities in the workplace. "A truly egalitarian society recognises and is designed in view of the fact that the workforce is made up of able bodied and disabled persons with distinct needs and abilities, but with an equal right to work" PROCESS OUTLINE The City of Saint John comprises a workforce diversity not usually experienced by other employers; The City encompasses many diverse employment positions as well as four (4) different bargaining units plus non-union and management staff. The City of Saint John also recognizes workplace accommodations can be either temporary or more permanent in nature. In understanding this, the City of Saint John has adopted a two (2) step approach to meet their obligations regarding the duty to accommodate as outlined in the NB Human Rights Act and the Worker's Compensation Act. (1" Step) Each diverse group will have a designated Return to Work Committee whose mandate will be to return the ill or injured employee to their pre- illness/injury position. Should it be determined that an employee cannot return to their pre- 28 323 illness/injury position they will move to the (2 °d Step) where their case will be forwarded to the Duty to Accommodate Committee who will be responsible to manage any further accommodation. The above committees will include representatives from Local 771, two representatives designated by the fire chief and a representative from Human Resources. Duty to Accommodate On the recommendation of the Designated Return to Work Committee an employee who has been identified as being unable to return to their pre-illness/injury position, their case will be forwarded to the Duty to Accommodation Committee for review and management. As well, any employees who have applied but are denied disability benefits from the City of Saint John Pension Board will automatically be forwarded to the Duty to Accommodation Committee for review and management. Note: Any past employees whose disability benefits are suspended from the City of Saint John Pension Board will automatically be forwarded to the Duty to Accommodation Committee for review and management. In this case the OMA will first assess their present medical condition against the NFPA 1582 Standard. All cases will be forwarded to an OMA to review and make recommendations to the Duty to Accommodate Committee. The Duty to Accommodate Committee will meet to review the recommendations of the OMA and explore possible accommodation. The mandate of the Duty to Accommodate Committee will be the safe return to work of the injured or ill employee to a position within his/her Bargaining Unit first if possible and secondly a position within the corporation of the City of Saint John. The Duty to Accommodate process follows an individual case management approach; this process is governed by an accompanying business practice. Please refer to the "The City of Saint John Corporate Duty to Accommodate Business Practices". The business practice is subject to improvement and change by the Committee. Should a member of Local 771 be placed in a position outside the bargaining unit in order to accommodate a disability and should an opportunity arise to accommodate that individual within the bargaining unit the parties agree that such accommodation will be made subject to the conditions for accommodation set out in this letter of agreement. Any permanent accommodation will be developed by a committee based on the applicable business practice. This committee will include the Fire Chief, the president of Local 771, the Manager of Human Resources, the department head who will be responsible for the accommodation (if needed) and the OMA. W 324 This Letter of Agreement forms part of the Collective Agreement date SIGNED on this day of October, 2009. FOR THE EMPLOYER: FOR THE UNION: 30 325 LETTER OF AGREEMENT #9 -1: - -j ; MUMAT QM SUBJECT: Sick Leave Plan Accumulation The City of Saint John "The Employer" The Saint John Firefighters Association Local No. 771, IAFF "The Union" Pilot Project - Sick Leave Plan Upon retirement, employees will be eligible to receive a partial payment for accumulated sick leave credits in excess of 2280 hours for Operations Personnel and 1330 OR 1900 for those on Day work. Employees will be paid ten (10%) percent of their regular rate of pay of each hour in excess of the maximum accumulated hours. During their last year of employment employees may displace sick leave with vacation in order to qualify for this payment. Sick Leave Bank Credits Should the balance in the bank drop below 4000 hours each and every member of Local 771 will be required to contribute up to 24 hours to the bank. For those employees who have in excess of the maximum accumulated hours this deduction will come from those hours in excess of the maximum. The total life time entitlement for all employees from the sick leave bank will not exceed 18 months. The calculation of this benefit will commence on Jan. 1, 2009. All employees must be advised of their use of sick leave bank time used each year. 31 326 Sick Bank Allotment for Employees Eligible to Retire An employee who is eligible to retire (the combination of age and years of service totals 85 and at least 30 years of service) and makes application to the sick leave bank will be eligible to draw from the sick bank in the following manner. An employee who is eligible to retire shall be entitled to the balance of their 18 months from the sick leave bank. The first six months of the balance available will be paid at 100% of their regular salary. The second six months of the balance available will be paid at 80% of their regular salary. The balance available will be paid at S5% of their regular salary. The total life time entitlement for all employees from the sick leave bank will not exceed 18 months. This Letter of Agreement forms part of the Collective Agreement date SIGNED on this day of October, 2009. FOR THE EMPLOYER: FOR THE UNION: 32 327 LETTER OF AGREEMENT #10 BETWEEN: FAZI-13 SUBJECT: 25. Reinvestment in Productivity The City of Saint John "The Employer" The Saint John Firefighters Association Local No. 771, IAFF "The Union" Pilot PrQiect — Reinvestment in Productivity The Employer is prepared to share sustained and measurable productivity improvements with employees; monies that could be reinvested to supplement the employee share of monthly contributions for health, dental and travel coverage, as provided for in article 14:02 of the Working Agreement: (c) Achieving Work Attendance Outcomes iii. Where the average annual absences on sick leave (hours per employee) among all employees (members of the bargaining unit) is less than 64 hours per year, the Employer shall pay, in lieu of the amount shown in article 14:02, 85% monthly towards the cost of single coverage and 85% towards the cost of family coverage - for the following calendar year ord . The employee shall pay the remainder of the cost of monthly premiums. It is understood and agreed that such benefit shall extend to all employees. iv. Where the average annual absences on sick leave (hours per employee) among all employees (members of the bargaining unit) is less than 42 hours per year, the Employer shall pay, in lieu of the amount shown in article 14:02, 100% monthly towards the cost of single coverage and 100% towards the cost of family coverage - for the following calendar year only. It is understood and agreed that such benefit shall extend to all employees. (d) Demonstrating Leadership and Long-Term Commitment iii. In lieu of the $5,000 paid-up insurance policy provided for in article 14:01 of the Working Agreement, employees who have averaged less than 64 hours of sick leave per year over their last ten (10) years of employment and retire may opt to have a monthly amount of $150 deducted from their Health and Dental payments for coverage for a period of thirty-six (36) months after retirement. iv. In lieu of the $5,000 paid-up insurance policy provided for in article 14:01 of the Working Agreement, employees who have averaged less than 40 hours of 33 328 sick leave per year over their last ten (10) years of employment and retire may opt to have a monthly amount of $200 deducted from their Health and Dental payments for coverage for a period of thirty-six (36) months after retirement. 26. Recognition for Achievements A system of recognition and awards for both organizational units and individuals shall be established through the Labour Management Committee. Key areas of focus shall include: (k) safe driving/operating record; (1) facility upkeep / maintenance rating; (m)community service; (n) quality service testimonials; (o) innovation; (p) equipment care; (q) safe workplace; (r) healthy active living; (s) hazard elimination; and (t) others, as applicable. TERMINATioN/RENEWAL 27. The initiatives set out in this Letter of Agreement shall run for the term of the collective agreement, from July 1", 2007 to, December 31, 2010. It may be terminated at the end of that term by either party, or may be renewed for a subsequent term by mutual agreement of the parties. Renewal will be based on the demonstrated success of the initiatives — in the opinions of the parties. 28. Upon termination of these initiatives, all provisions set out herein shall become null and void. SIGNED on this day of October, 2009 FOR THE EMPLOYER: FOR THE UNION: cm 329 LETTER OF AGREEMENT #11 BETWEEN- The City of Saint John "The Employer" AND: The Saint John Firefighters Association Local No. 771, IAFF "The Union" SUBJECT: Pilot PrQiect - Wellness/Fitness. Pilot Project Wellness/Fitness The Employer and the Union recognize the importance of a program to maintain fit, healthy, capable members throughout their career and agree to implement, over time, the IAFF/IAFC Fire Service Joint Labour Management Wellness-Fitness initiative. It is also jointly recognized that any such program shall be positive, not punitive in design; allow for age and position within the Department; allow for on-duty time participation utilizing facilities provided or arranged by the Employer; provide for rehabilitation and remedial support for those in need; and be reasonable and equitable to all participants. To achieve such a program, a Joint Labour Management Wellness and Fitness Committee shall be maintained. The Committee shall consist of (2) representatives from the Employer and two (2) representatives from the Union and a representative from Human Resources. This Letter of Agreement forms part of the Collective Agreement date SIGNED on this day of October, 2009. FOR THE EMPLOYER: FOR THE UNION: 35 330 Ml 331 M &C2009 -314 October 22" a, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Harbour Clean -Up Program — Long Wharf Lift Station #10 INTRODUCTION Im The Chy t,t` Safitt loom, Saint John Harbour Clean -Up is about public health, cleaning our natural environment, and sustaining community and economic development. A clean waterfront and watercourses free of untreated sewage will ultimately enhance quality of life, support growth, and benefit all citizens and property owners. In fact, the wastewater system improvements being made are essential to achieving the social and economic vision set out for Saint John. Nature has an amazing ability to cope with pollution, but it is overwhelmed by the millions of litres of untreated sewage released daily into the water environment. Restoring the condition of rivers, streams, wetlands and waterfront has been a priority in Saint John for almost two decades; since a comprehensive improvement plan was first documented in the 1993 Wastetirater ,Strategy. Municipal wastewater effluents are among the largest sources of water pollution, by volume, in Canada. From both sanitary sewage and storm water, these flows can contain grit, debris, suspended solids, disease - causing pathogens, decaying organic wastes, nutrients, and about 200 identified chemicals.' Although there has been progress since 1993, this community still discharges many millions of litres of untreated wastewater effluent into the environment. These flows, along with new flows being generated by development, remain to be re- directed to treatment. Further to the challenge of capturing and directing untreated effluents to treatment, standards for management of effluents are becoming increasingly stringent. On February 17th, 2009, the Canadian Council of Ministers of the Environment (CCME) put forward a Canada -wide Strategy for the Management of Municipal Wastewater Effluents. The New Brunswick Government has endorsed the strategy which sets out a harmonized regulatory framework to manage and regulate discharges from all municipal wastewater treatment facilities in Canada. It provides a clear path forward for achieving regulatory clarity for owners of municipal wastewater facilities. i The State ofAIurucipal iT astewater Effluents in Canada, Environment Canada, 2001, p m 332 M & C 2009 -314 October 22 "d, 2009 Page 2 These performance standards will increase protection of human health and the environment on a national basis. The City of Saint John like other jurisdictions across the country has an obligation to meet these new regulations. Combined and Sanitary Sewer Overflows One outcome of these new regulations deals with national standards for combined sewer and sanitary sewer overflows. These include: • Effective immediately, no increase in combined sewer overflow frequency due to development or redevelopment, unless it occurs as part of an approved combined sewer overflow management plan; • No combined sewer overflow discharge during dry weather, except during spring thaw and emergencies by December 31st, 2016; • Removal of floatable materials where feasible by December 31st, 2016; and • Long term plans to reduce combined sewer overflows and capture substances will be in place by December 31st, 2016. With the standards being put in place through Saint John Harbour Clean -Up, the City is positioning itself to meet these new national standards for combined and sanitary sewers. PURPOSE OF REPORT The purpose of this report is to obtain Council's approval to proceed with constriction of Harbour Clean -Up Lift Station 410 on a portion of City -owned property. BACKGROUND The preliminary design for Lift Station 410, completed in February 2008, concluded that two sanitary lift stations (410 and 410A) would be required to service the catchment area north of the harbour. This recommendation considered sewer and outfall locations, topography and the logistics of working under and around public and privately -owned infrastructure in the area. A sanitary lift station (410A) at Chesley Drive near HMCS Brunswicker would capture flows from the Fort Latour outfall and pump the wastewater to a new lift station near Smythe Street. From there, wastewater would be pumped (LS 410) along Station Street and City Road to Marsh Creek Lift Station 44 and onto the Eastern Wastewater Treatment Facility. The south end of the Smythe Street parking lot was selected as the preferred location for the Long Wharf Lift Station 410. The site, on City -owned land, is near a large and very deep sewer and associated outfall, and would involve a relatively shallow excavation compared to other sites. Access to City -owned land is very advantageous; land acquisition has been a major challenge for Harbour Clean -Up projects - with the potential to cause significant scheduling delays. 333 M & C 2009 -314 October 22 "d, 2009 Page 3 ANALYSIS Harbour Clean -Up is at a critical juncture; interests need to come together to constrict several key sewage pumping stations, including Lift Station 410 - to meet the wastewater treatment objectives of the community, to bring the service into line with the new Canada - wide ,Strategy and to enable waterfront development to proceed. Council recently adopted the various by -law amendments necessary to support the exciting Irving Oil Limited initiative at Long Wharf. Documents submitted with the Municipal Plan Amendment and Re- Zoning Application on February 6th, 2009 indicated that "water and seiner infrastructure on Long Wharf' irill be reneired frith all sanitaiy seirage being directed to a new pumping station to be constructed in the area as part of Harbour Clean- up The new pumping station referred to is Lift Station 410; originally proposed for the City - owned parking lot adjacent to Smythe Street. It has become apparent, however, that the planned Smythe Street location is problematic for potential building and roadway plans associated with the Long Wharf development. As a result, staff asked our consultants to revisit the preliminary design report to determine if an alternative site was viable. 334 M & C 2009 -314 October 22 "d, 2009 Page 4 Six potential sites between Long Wharf and Harbour Station were fiirther evaluated. The location of each of these sites is shown on attached Figure No. 1. 1. Smythe Street Parking Lot - South 2. Smythe Street Parking Lot — North 3. NBDOT Site A 4. NBDOT Site B 5. NB Southern Railway Storage Facility 6. Harbour Station Parking Lot Potential Site #1: Smythe Street Parking Lot South The original site for Lift Station 410 is the southeast corner of the Saint John Parking Commission Smythe Street parking lot, within the parcel identified by PID 00040147 owned by the City of Saint John. Advantages: • City owns the property; permitting project to move forward without delay. • Aligned with outlets of existing sewer infrastructure. • Relatively shallow excavation. • Limited interference with existing infrastructure and utilities. Drawbacks: • Lift station would be located near waterfront, reducing space available for other development opportunities for the site. • Loss of parking spaces at the Smythe Street lot. Potential Site #2: Smythe Street Parking Lot North The northeast corner of the Smythe Street parking lot would have the lift station located on a City right -of -way and property owned by the Port Authority. Advantages: • Aligned with and relatively close to the outlets of existing sewer infrastructure. Drawbacks: • Located near waterfront, reduced space for other development opportunities. • Site is not entirely on City -owned land; land acquisition process and site approvals would delay completion of Harbour Clean -Up • Land would have to be acquired from the Saint John Port Authority. 335 M & C 2009 -314 October 22 "d, 2009 Page S • Additional interference with existing infrastructure. • Loss of parking at the Smythe Street parking lot. Potential Site #3: NBDOT Site A NBDOT Site A is located on the grassed NBDOT right of way to the east of the Main Street Viaduct and would be accessed off of Station Street. Advantages: • Located away from Harbour Passage and waterfront property. • No loss of parking. Drawbacks: • Capital constriction costs at least $1.8 million more than recommended site. • Land would have to be acquired from NBDOT; land acquisition process and site approvals would be very difficult and delay completion of Harbour Clean -Up. • Excavation depths may make constriction at this location not feasible. • A permanent retaining wall would be required post - constriction. • A partial closure of Station Street would be necessary during constriction. • A detailed structural analysis of Viaduct structural supports would be required. Potential Site #4: NBDOT Site B NBDOT Site B is located on the grassed NBDOT right of way to the west of the Main Street Viaduct and would be accessed off of Smythe Street. Advantages: • Located away from Harbour Passage and waterfront property. • No loss of parking. Drawbacks: • Capital constriction costs at least $1.4 million more than recommended site. • Land would have to be acquired from NBDOT; land acquisition process and site approvals would be very difficult and delay completion of Harbour Clean -Up. • Excavation depths will make constriction at this location difficult. • Space is very limited and a permanent retaining wall would be required. • A closure of Smythe Street would be required during constriction. • A detailed structural analysis of the Viaduct structural supports would be required. 336 M & C 2009 -314 October 22 "d, 2009 Page 6 • Back -up power, grit removal and other station components could not be incorporated into the limited land available. Potential Site #5: NB Southern Railway Storage Facility Land A site on the south side of the NB Southern Railway loading facility off Hilyard Street was evaluated, on a parcel of land identified by PID 55109474 owned by NBSR. Advantages: • Located away from Harbour Passage and waterfront property. • No loss of parking. Drawbacks: • Capital constriction costs at least $1 million more than recommended site. • Land acquisition process would be very difficult, given City -owned land in close proximity; significant delay in completion of Harbour Clean -Up. • Land would have to be acquired from a private land owner. • An additional micro - tunneled sewer required for gravity sewer under Highway 41. • An oil pipeline and a major natural gas pipeline would have to be crossed twice. Potential Site #6: Harbour Station Parking Lot The west end of the Harbour Station parking lot has been considered, with the lift station located on the parcel identified by PID 00040048 owned by the City of Saint John. 337 M & C 2009 -314 October 22 "d, 2009 Page 7 Advantages: • City owns the property. Drawbacks: • Lift Station 410 would be in a prominent location on Station Street, in close proximity to the Harbour Station facility. • Loss of parking spaces at Harbour Station and associated revenues. • Constriction within 30 metres of Maritimes and Northeast natural gas pipeline. FINANCIAL IMPLICATIONS AND CONCLUSIONS The capital cost to constrict Lift Station 410 on the original site is currently estimated at $6,900,000. The capital cost to constrict on any of the three sites listed below would increase the capital cost by more than $1 million and would likely result in significant constriction scheduling delays. • NB Southern Railway Storage Facility • NBDOT Site A • NBDOT Site B Constricting the facility on the Smythe Street Parking Lot North site would result in additional cost to purchase or lease the land and would conflict with development plans for the area. Major delays in constriction would be expected. The original Smythe Street Parking Lot site (City -owned PID 00040147) offers a cost effective and operationally sound solution; but its location would problematic for the development of the Long Wharf area. At the same time, the pumping station facility is critical to waterfront development. The Harbour Station parking lot site, closest to the main entrance, would require that a safe distance be maintained from the Maritimes and Northeast natural gas pipeline. Although selection of this location would not appreciably alter project capital costs, loss of prime parking spaces would have significant revenue implications for Harbour Station and fiiture business opportunities there. In evaluating the six potential locations, we believe that only two are viable: the original site and the Harbour Station parking lot location. Although the original Smythe Street Parking Lot North site is preferred technically, its use of potentially valuable development land is a major drawback. The Harbour Station location can be made to work at a reasonable cost; to effectively capture sanitary sewage flows from the sewer system in the catchment area and divert those flows to treatment at the Eastern Wastewater Treatment Facility. 338 M & C 2009 -314 October 22 "d, 2009 Page 8 In weighing the relative advantages and drawbacks of the potential sites, in particular technical feasibility, cost and development impacts, and potential scheduling delays, staff is proposing that Lift Station 410 be constricted at the Harbour Station location. Attached is the proposed site layout and tentative building finish for that site (Figure HS 1). RECOMMENDATION It is recommended that Common Council authorize staff to proceed with finalizing the design of Long Wharf Lift Station 4 10 on the Harbour Station parking lot site, on the parcel identified by PID 00040048 owned by the City of Saint John, as outlined in this report and to issue a tender for constriction of the facility at that location. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA Acting City Manager 339 r% �i" "na Mfr ryl� i„ %� J "r //l { "Pia �i "�� " p "rd,ym/I✓ /w r `t �; "N / /;r �'/ / f / vc / �iJ l m m q rm),m Y /i%' Cir ✓%� Il y% fl /i�� o r ll /,i'/ rrm µit m liar J //f o /i r "r/ k�?1 OF EAL ��Ct /� % "y, irm� ir, W p r,! O Z p 7 Ill v1r�ii /irl /i NY /l1� WATER STR �� l r ! 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O_ m ~ Z W � Q Z w co H U > Q O Zr UUNz nv� oo- ooNN aaXx ��III W W 0 � Oo� O Q W Z Q z O H Q w w ul w8 W O h F w w I K 00 OE . w U wj w K W a � 0 w 7 W Z pp v v CI � CS m m N % % 4,3 OD Q mz C4 aFw w o w o �O W Z Z U U 0 W W 0 � Oo� O Q W Z Q z O H Q w w ul w8 W O h F w w I K 00 OE . w U wj w K W a � 0 w 7 W Z z o+�ffrr =M � d71111i" /l / /fr /I! /r 0 z 5 R�� 0 0 M & C — 2009 -349 October 23, 2009 His Worship Mavor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Emera Clean Up Approvals BACKGROUND: On October 13 "', 2009 Staff reported, "In July of 2007 The City of Saint John granted a variety of options and subsequent easements in favour ofEmera Brunswick Pipeline Company Limited. During the ensuing two years the company installed the liquefied natural gas pipeline in these various easements As Council is aware the pipeline is now in operation. One of the final elements of the pipeline project is the reinstatement of the lands to the prescribed condition. ,'taffhas been asked to provide a recommendation to accept the condition of the reinstatements upon completion ofsite visits and inspections Over the course of the past three months stq#'has visited the various easement areas as clean up has been finished to ensure the work is satisfactory. In all instances the remediation and reinstatement has been completed in a diligent manner and to a high standard. It should be noted the sign (?#'on the clean up is not a release of any damages, merely acknowledgement that the work is satisfactory. - Council moved to adopt the recommendation to accept the condition of remediation for all Emera Brunswick Pipeline easement save and except for PID 415208, the Shamrock Park parking lot located off Bridge St.. Common Council requested that staff provide further information Nvith respect to this specific clean up. Shamrock Park Parking Lot -Prior to Construction A review of ortho photography from 2004 of the Shamrock Park parking lot reveals a parking lot surface of 14,508 sq. ft. +/- (156 feet Nside by 93 feet deep) and a driveNvay from Bridge St. to the parking lot comprising 43,245 sq. ft +/- (spanning some 465 feet With an average Nsdth of 93 feet). The surface Nvas a combination of crushed rock and gravel. 342 Report to Common Council Page 2 October 23, 2009 Shamrock Park Parking Lot -Post Easement Reinstatement Staff visited the site in August and September to monitor the reinstatement of the parking area. A final site visit of the parking lot on October 19, 2009 reconfirmed the folloNving, the parking lot is approximately 20,592 sq. ft. +/- (132 feet by 156 feet) and the driveway is approximately 11,610 sq. ft. +/- (430 feet by 27 feet). Analysis of Before and After As a result of the Nvork undertaken by Emera, this parking lot area has been improved Nvith a 3 -4 inch lift of crushed rock resulting in a higher degree of finish than Nvhat existed prior to Emera's easement acquisition. The non improved (yet reinstated flat) section of the lot remains a gravel base somewhat similar to Nvhat existed prior to the construction however it now has a sand /gravel base rather than crushed rock/gravel. Staff asked that the new crush rock be placed to ensure structural stability of the driveway and parking area as Nvell as to ensure to any buried sharp rocks Nvould be covered adequately to ensure no damage Nvas done to visitor's tires. The parking lot portion of the site has been increased in area by almost 50% however the drivewav is now more defined and narroNver. This too Nvas at the request of staff as it is the City's intention to build a lift station on the left hand side of the drivewav in the near term as such there Nvas no need to have this unused portion of the lot improved, the material Nvould have been removed in the excavation of the site. The reinstatement of the Shamrock Park parking lot is to a better condition than what existed prior to Emera's Nvork and supports the City's future plans for the lift station. RECOMMENDATION: That The City of Saint John accept the condition of remediation of the Emera Brunswick Pipeline Company Limited Easement in PID Number 415208 and fiirther 2. That the Mayor and Common Cleric be authorized to execute the corresponding Emera Pipeline Clean -up Approval. Respectfully submitted, Ken Forrest, MCIP, RPP J. Patrick Woods, CGA Commissioner, Planning & Development Acting City Manager 343 PID,, 04 J!5)_0g File CLEAN-UP APPROVAL Emera Brunswick !i peline Company Ltd, Owner(s) Parcel Address: Vk r4- S+�fet I acknowledge that EMERA BRUNSWICK PIPELINE COMPANY LTD. and its contractors have completed clean-up on the above-noted parcel of land and their work is satisfactory. I understand this is not a release of damages, but merely an acknowledgement that their clean-up work is satisfactory, subject to any conditions defined in Items I and 2 below: Item I - on Easement Item 2 - Off Easement Dated at , Province of MEN Witness Witness Witness Brunswick Pipeline Representative White - Landowner Office Canary - Operations this Owner Owner Tenant (if applicable) Date Pink - Contractor 344 clay of Golden Rod- ROW M & C — 2009 October 26, 2009 His Worship Mayor Ivan Court And Members of Common Council: SUBJECT: Container recycling at City facilities BACKGROUND: At the meeting of Common Council on October 13, 2009, the following resolution was passed: The City Manager report in two weeks time an implementation plan for the policy: "All city facilities are to have a system of collecting beverage containers for recycling. The funds collected through this system shall be divided between PRO Kids and programming at the City's three Community Centres with exception of those facilities which are currently donating funds to other charities." ANALYSIS: Attached is an inventory of what is being done at various city facilities and where fiinds are being directed. Staff of the various departments understand and support the need of PRO Kids and the city's community centres as well as the need to demonstrate to the public that recycling is important to the community. The situation at the city arenas has been addressed and appropriate recycling containers have been installed. Staff will remove the empties monthly and proceeds will be deposited into a fiind for PRO Kids. As well the containers at the community centres will be replaced with those more recognizable. Staff is working on appropriate containers that may be more suitable for outdoor use to be installed next spring in various parks locations. RECOMMENDATION: It is recommended that this report be received and filed. Respectfidly submitted, Bernie Morrison Commissioner of Leisure Services Patrick Woods Acting City Manager 345 Appendix "A" Inventory of Container Recycling Programs at various City departments: Leisure Services Adelaide St. Offices There are 4 recycling bins at this location. Contents are collected monthly and proceeds are given to PRO Kids. Carleton Community Centre Do not have blue recycling bins; presently use a large tote which is identifiable. Bottles are stored in the basement and taken to the redemption centre twice a year. Now that the basement is converted to the Wellness Centre, redemption will be on a more regular basis. This year funds collected will go to the CCC cheerleading program. CCC has been recycling for at least 12 years. Somerset Community Centre SCC recycles in conjunction with the Day Care & NBCC located in the same building. SCC does not have blue recycling bin; presently use a large garbage can. SCC has been recycling for 5 years. The recyclables are taken to the depot (located across from the Super Store on Somerset Street) at the end of the month. North End Community Centre NECC has 6 blue bins at the centre (4 for bottles and cans / 2 for paper). Bottles are stored in garbage bags under the stairs. NECC has been recycling for 3 years. Throughout the summer the NECC staff takes bottles collected at playground sites to the Rothesay Avenue redemption centre drive through service. Staff will be replacing all current bins with the more recognizable blue bins. City Operated Arenas Recycle bottle bins were placed in our 4 arenas (Hurley, Gorman, Belyea, and Murray) Wed, Oct 21. A staff person will regularly monitor their need for removal to a redemption centre. Any monies collected will be forwarded to PRO Kids. City Parks There is no recycle bottle bins scheduled for the winter season in the parks (colder weather & less walking traffic). Bins will be located in parks in the summer season. 346 Fire Department Since the conception of the Beverage Container Act, members of Local 771 have taken it upon themselves to collect redeemable beverage containers. Each station has a barrel or large garbage can designated for redeemable containers. The "barrel" is kept on the apparatus floor. Once the barrel is full, the bottles and cans are cashed in with the proceeds donated to Muscular Dystrophy. 10th Floor City Hall (Planning Department and Building Inspections) Buildings & Inspection Services collects them and delivers them to an impoverished elderly lady in the City's north end. City Market City Market has been recycling for a number of years. The proceeds are donated to various charities monthly. Staff of City Market is now coordinating with PRO Kids to send funds to that program. Municipal Operations Rothesay Ave Two stations are set up at the Rothesay Ave. building with the proceeds going to PRO Kids. Staff takes the recyclables to the refund depots. MO has turned over $32.05 to Pro Kids since implementing this program in June 2009. East Depot There currently is a recyclable program and the proceeds are used as a staff fund. However, staff is now in the process of installing a recyclables bin with the proceeds going to Pro Kids. North Depot There currently is a recyclable program and the proceeds are used as a staff fund. However, staff is now in the process of installing a recyclables bin with the proceeds going to Pro Kids. Peel Plaza The Plaza Office has been collecting recyclable containers and keeping the money that until Christmas, at which time, it is donated to a charitable organization. Proceeds will now be going to PRO Kids. 2 347 8th Floor City (City Manager's, Legal, Common Clerk) All containers are recycled and proceed go to support Dragon Boat Races. This has been done for a number of years. 348 Your Worship and Members of Council, SUBJECT: PALS PARTNERSHIP WITH LORNE MIDDLE SCHOOL In 2007, employees of the City of Saint John began an important relationship with the students and staff of Lorne Middle School in the Old North End; part of a larger community effort to support young people in our community. PALS is about helping children succeed in their education. A positive school environment, healthy role models and academic;° achievement can help bring out the potential of young people - to A do well in their school work, graduate from high school and go on j u to a post secondary education. Nothing has greater power to effect positive change and alter the culture of poverty than our schools. Purpose of Report This report will update Council on two very successful years in the partnership with Lorne, introduce employee leaders, outline some of the initiatives for the new school year, and ask Common Council for its continued support. FIRST TWO YEARS PALS is all about supporting the kids; providing positive reinforcement and mentoring. Our employees have a wealth of special qualities and talents, and they have been very generous in sharing those with the students at Lorne. More than 200 members of City staff over the past 2 years have volunteered about 1,000 hours with their PALS at Lorne Middle School. Contributions have been in various forms and include: Mentoring; individual Big Brothers / Big Sisters Tutoring; Mondays and Wednesdays after school Enrichment Program; including beginner drums, personal training assessment, boxing, table etiquette 101, rig hooking, Festival of Trees, carpentry projects, ceramics, volleyball clinic, archery Breakfast Program; Monday, Wednesday, and Friday of each week Sports; Noon hour intramural sports 349 0 f PALS Partnership with Lorne Middle School October 22' �, 2009 r Report to Common Council, M & C 2009 -356 Page 2 ➢ Fun Days; activities and events at the school ➢ Math Olympics ➢ Christmas Float for Santa Claus Parade ➢ Popsicle Bridge Building Contests; supported by APEGNB ➢ Science Fair Volunteers ➢ Winter Clothing Drive; well supported by the fiend raising competitiveness among inside workers, outside workers and management /professional staff ➢ Year End BBQ ➢ Field Day and BBQ ➢ Pot of Gold 50/50 St. Patrick's Draw; a PALS fiindraiser ➢ School Supplies Drive ➢ Skates Drive ➢ Two Bike Giveaway (Local 18); a wonderfid initiative of an individual employee ➢ End of Year PALS Citizenship Awards for a student in each of Grades 6, 7 and 8 ➢ Holiday Hampers at Christmas ➢ Tree and Shrub Planting at the School ➢ New Front Entrance ➢ PALS "Parking Space" Auction; a PALS fiindraiser The ongoing commitment shown by our employees has been gratifying. Last year was a challenging one for the school, its students and the neighbourhood. LEADERsEup TEAM We want a relationship with Lorne and the neighbourhood that is solid and lasting - to LOE give something back to the community and ; °� °��i� �� to experience something special in return. 1 "AL Pr gr � LEADERsinp TEAM Gordon Craft Paul Johnson Ellen Sargent Christine O'Keefe Mark Morrison Kendall Mason Tim O'Reilly George Lawlor Holly Young Individual members of staff (outside workers, inside workers and management /professionals) have stepped up to give leadership to the program; to coordinate initiatives and promote volunteer participation. They are supported by four sponsors; two members of senior staff and two union presidents. The employee PALS (volunteers), working one -on -one or in groups, seek to help make the school environment one that is warm, caring and positive for students and their development; leaving no child behind. The Employer (Common Council) has an essential part to play in supporting the participation of employee volunteers. ' Special thanks to Holly Young and Kim Graham, our first two PALS Coordinators, for their tremendous contributions in leading the PALS effort. 350 0 f PALS Partnership with Lorne Middle School October 22' �, 2009 r Report to Common Council, M & C 2009 -356 Page 3 PALS Coordinator Gordon Craft, gordon.craft2saintjohn.ca 650 -3412, is heading the leadership team and working directly with the Lorne coordinator (Denise Long), the principal and staff of Lorne School to coordinate a program that is right for students. Join a PALS Team Team leaders are actively soliciting volunteers and working with the school in a variety of areas. Employees are encouraged to volunteer by contacting a team leader or the PALS Co- ordinator. a. Mentors Support a child; Big Brothers Big Sisters in- school program. Team Leader: Mark Morrison, 648 -4622, mark.morrison2saintjohn.ca b. Reading & Math Tutors Help students improve math and literacy skills. Team Leader: Tina O'Reilly, 649 -7896, tim.o'reilly2,saintjohn.ca c. Sports Coach or help with noon -hour intramurals or after school sports. Team Leader: Paul Johnson, 658 -2983, paulJohnson2saintjohn.ca d. Breakfast Offer students needing breakfast a good start to the day. Team Leader: Ellen ,Sargent, 649 -6019, ellen.sar eant c ,saintjohn.ca e. Activity Volunteers Support extracurricular activities and events. Co -Team Leaders: Kendall Mason, 658 -2810, kendall.mason2saintjohn.ca Christine O'Keefe 632 -6898 chris.o'keefe2(saintjohn.ca f. Enrichment Offer skills and talents in a variety of special activities. Team Leader: Jody Cliffer 648 -6864, jody.cliffer2saintjohn.ca g. Step Forward Encourage participation and challenge students. Team Leader: George Lawlor lawlor c ,nb.sympatico.ca h. PALS Funds Manage PALS bank account and authorize expenditures. Team Leader: Holly Young, 658 -2849, holly.young2,saintjohn.ca UPCOMING ACTIVITIES Kick -Off Event The Mayor, members of Council, educators, volunteers and team leaders are invited to join Denise Long and Gordon Craft in initiating this year's programs with Lorne students at a barbeque on Friday, October 30tH Winter Clothing A challenge is sent out to all employee groups to help raise funds for the purchase of new winter clothing for children; last year's effort was amazing. Santa Claus Parade Employees will again be supporting Lorne student with their float in the Santa Claus Parade on November 14th. Student leaders had a great time putting the finishing touches on last year float at our Rothesay Avenue facility and very much enjoyed the pizza party. 351 0 PALS Partnership with Lorne Middle School October 22' �, 2009 r Report to Common Council, M & C 2009 -356 Page 4 Food Drive Members of Local 18 will be holding their annual fall food drive for the North End, West Side and East Food Banks, supported by Sobey's. People are asked to bring non - perishable food items to the Santa Claus Parade for collection by employees. Carpenter Program The employees in the City's Carpenter Shop will be leading a carpentry skills program for interested students. Christmas Dinner The Mayor and members of Council are asked to join volunteers in preparing and serving a Christmas dinner for the students and staff at Lorne. LBR Skating Party Our many skating and hockey playing volunteers are planning a fun skating party in January at the Lord Beaverbrook Rink. FINANCIAL IMPLICATIONS The City is not a private company; we have special obligations concerning public resources, including employee work time. Although no funding from the City is involved (all fund raising is employee based), employee time is the primary City contribution. Employee groups and unions have made significant financial contributions to PALS over the first two years of the partnership. OPPORTUNITY Poverty does not have to exist. The PALS initiative is an opportunity to join with School District 8 in giving back to the community. Our employees have experienced something very positive in contributing to the education of young people at Lorne Middle School. Getting involved with PALS is good for everyone. RECOMMENDATION It is recommended that Common Council continue its support for the PALS Partnership with Lorne Middle School in the Old North End. Respectfidly submitted, Paul Groody, On behalf of Paul Johnson, Patrick Woods, Mike Meehan (Sponsors) 352 Patrick Woods, CGA Acting City Manager Fundy Region Solid Waste Commission Commission de estian des diSchets solider de Fundy October 9, 2009 Mayor and Council City of Saint John PO Box 1971 Saint John NB E2L 41-1 PO Box/ CP 3032, Grand Bay-Westfield NB E5K4V3 Subject. Submission of Proposed Operating Budget for the Year 2010 Dear Mayor and Council: 1506738-1212 e F.506738-1207 hotl i negfundyrecycl es.com The Fundy Region Solid Waste Commission has recently reviewed and given approval to submit to each of the municipalities in our region our Proposed Budget for the Fiscal Year 2010, Notice is hereby given pursuant to section 15.7 (1) of the Clean Environment Act that the Commission will vote on the proposed budget on or about Thursday, November 12, 2009, Marc MacLeod General Manager Attached: Operating Projections for the Period of 2010-2019 CM 0 CL 00 0 a U) m CD N -6 0) r 0 0 CL 0 U. a. 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Ili t-� Cl! 0 q co 7 N 00 co 00 m w — M in C6 c) m a EN OD 'T N �r Ln M Cl N rq I� (D CD �:Mm,qc �;:� OMO �; lc� tl� rli I N . C� C,4L CO CO - M LO N 0 �T m to Ln 'r CN m M N M 1-: (D 0 w m -q m 1-- 0 0 0 C3 LO 0 m m N N Ln r-- m Ca O LO 0 0 Lq az� LQ LO (D C� w O 7 7. 1! q LO W M - M Ln 0 0 N (D CD r, N M Ln N '00 f- A., m 11 N C7 0 0 1= CV LD 0 N Q 00 Q L6 CO cV Lit co N CD I CD ti w LO LO C'61 1 -Cto 1®m T- LO 'J"l Ju—E C) C) C) Cl 0 C) a 0 0 CD to Ca 0) 0 <F (D 0 0 W C �o T- cl� C� `T� to (D C� 112L 0' "Z� C�D N M - M LO M 0 0 0 to r-- C) CN rl to V r r N r - C > CD a) 0 > 0 C d) 69 0 CL cl c cy) CL CL W F F i>> A U) o o C L) OR (D > T 2 �L 2 �2 2 co 'n 2 a 0 0 Ica) CL > �o a) 0 . m 'a o �i af (.) < CL w 0 w w w 0 0 w ei) The City of Saint John F14y"Prym October 14, 2009 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: Subject: Rescinding of w freeze iMposed.on the mannement gx"u In response to a verbal statement made by the Province of New Brunswick, Common Council froze the pay scale of its management group to the 2008 level. Since the date of the wage freeze decision, it has become apparent that the Province's verbal request (and threat) was nothing more than rhetoric. To date no other municipality in the Greater Saint John region has frozen employee wages. Similarly, the cities of Moncton and Fredericton have not frozen any employee wages to date and their management personnel do not anticipate a freeze in 2010. In fact, inthe recent interest arbitration ruling between the City and T.A.F.F. Local 771, James Oakley dismissed the city's position of 0% in 2010 as being unsubstantiated. The external binding arbitration forced Council to accept Mr. Oakley's ruling that granted Local 771 annual wage increases over the term of its contract (2007-2010). More pertinent is the fact the Province recently reversed their decision to suspend their contract (freeze wages) with physicians. In light of the above, the continuation of this wage freeze goes against the terms and conditions of employment for management/professional personnel (as adopted by Common Council on March 23, 2009). Within the terms and conditions of employment, Common Council resolved to take five factors into consideration when granting management/professional personnel their annual pay scale increase. Two of the factors are: 1)" consistent policy direction and programs and services for all The City of Saint John Management Professional Non-Union Association Postal Box 6951 Station A, Saint John, NB, E2L 4S4 355 city employee groups"; and 2)" fair and equitable internal comparisons with other City of Saint John employee groups". For the 2009 and 2010 period, Council has taken no substantive action to extend the wage freeze to any other employee group; this is contrary to "consistent policy direction for all city employee groups". It also violates the concept of equitable [wage increase] comparisons with other city employee groups. With no other employee group impacted by a wage freeze for the 2009 and 2010 period and no legal or binding obligation (on the city) to continue with a wage freeze, it would be considered "unfair" and discriminatory to continue with this practice. The management/professional group respectfully requests that the imposed wage freeze be lifted; that the management/professional group be granted a 3.25% wage increase effective January 1, 2009; and that Common Council resolve to provide a 3.25% increase for 2010, consistent with the wage increases granted to other city employee groups. Respectfully Submitted, MANAGEMENT PROFESSIONAL NON-UNION AssocuuoN George buchanan, Prcside-njt The City of Saint John Management Professional Non-Union Association Postal Box 6951 Station A, Saint John, NB, E2L 4S4 356 . . . . . . . . . . October 23, 2009 Deputy Mayor and Councillors, Subject: Energy and Utility Board Hearing Water Rates The Committee of the Whole having met on October 13, 2009 makes the following recommendation: RESOLVED that the City Solicitor or his designate is hereby authorized and directed to register the City of Saint John as an interested party with the Energy and Utilities Board pursuant to the latter's Notice of Hearing issued in the matter of the Concerned Citizens of Penobsquis so that it may provide written submissions to the Energy and Utilities Board respecting this matter, Sincerely, Ivan Court Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 411 www.saintjohn.ca I C.R 1971 Saint John, N.-B. Canada E2L 41..I 357