2007-03-26_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
Monday, March 26, 2007
Committee of the Whole
1. Call to Order
4:30 p.m. 8th Floor Boardroom
1.1 Personnel Matter 10.2(4)(b)
1.2 Nominating Committee 10.2(4)(b)
1.3 Property Acquisition 10.2(4)(d)
1.4 Property Acquisition 10.2(4)(d)
1.5 Legal Services 10.2(4)(g)
1.6 Property Negotiations 10.2(4)(d)
1.7 Legal Proceedings 10.2(4)(g)
1.8 Legal Session - Application for Leave Dismissed 10.2(4)(g)
Regular Meeting
1. Call to Order - Prayer
6:00 p.m. Committee of the Whole (Open Session)
1. Ward System of Election
7:00 p.m. Regular Council Meeting Council Chamber
2. Approval of Minutes
2.1 Approval of March 12, 2007 Minutes
3. Adoption of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Design and Construction Management Manawagonish Rd - Street
Reconstruction (Recommendation in Report)
5.2 Design and Construction Management Mountain Rd - Street Reconstruction
(Recommendation in Report)
5.3 Design and Construction Management Bayside Dr - Street Reconstruction
(Recommendation in Report)
5.4 Design and Construction Management Prince St Storm Sewer Installation
(Recommendation in Report)
5.5 Design and Construction Management Watershed Protection Facilities Phase
II (Recommendation in Report)
5.6 Tenders for Equipment Replacement (Recommendation in Report)
5.7 Proposed Municipal Plan Amendment (Recommendation in Report)
5.8 Proposed Rezoning of Lands Multiple Residential Infill Land Use Zone
(Recommendation in Report)
5.9 Winter Sidewalk Service (Recommendation in Report)
5. 10 Public Hearing Dates 440 -458 Rothesay Ave (Rear), 1967 Manawagonish
Rd and 2117 Loch Lomond Rd (Recommendation in Report)
5.11 Three- Dimensional Visualization (Recommendation in Report)
5.12 Brunswick Pipeline Endowment (Recommendation in Report)
5.13 Parcel K - Pedway (Recommendation in Report)
5.14 St Rose Playground Request for Funding (Recommendation: Refer to City
Manager)
5.15 Multiplex Sporting Facility Project (Recommendation: Refer to Clerk to
Schedule Presentation)
6. Members Comments
7. Proclamation
8. Delegations/ Presentations
7:30 p.m.
8.1 Saint John Port Authority
8.2 Citizens Advisory Committee Vision 2015
9. Public Hearings
7:00 p.m.
9.1(a) Proposed Zoning By -law Amend - 25 -27 Edith Avenue
9.1(b) Planning Advisory Committee Recommending Proposed Rezoning - 25 -27
Edith Avenue
9.2(a) Proposed Zoning By -law Amend - Heights Standards
9.2(b) Planning Advisory Committee Recommending Zoning By -law Amendment
- Height Standards
10. Consideration of By -laws
10.1 Third Reading Street Closing By -law Amend - Constance Street
10.2(a) Third Reading Zoning By -law Amend - 130 -136 MacLaren Blvd
10.2(b) Section 39 Conditions 130 -136 MacLaren Blvd
10.3(a) Third Reading Zoning By -law Amend - 141 Churchland Road
10.3(b) Section 39 Conditions - 141 Churchland Road
11. Submissions by Council Members
11.1 Healthy Lifestyles (Councillor Chang)
11.2 Policy Update and Review (Councillor Ferguson)
11.3 Former Dumpsite at Howes Lake (Councillor Ferguson)
11.4 Celebration of Arbour Day (Councillor Titus)
11.5 Harbour Clean Up Funding (Councillor Titus)
11.6 Provincial Ambulance Dispatch (Councillor Tait)
12. Business Matters - Municipal Officers
12.1 Pension Funding Agreement
12.2 Destination Marketing Fee
12.3 Lord Beaverbrook Rink Building Upgrade
12.4 Designation of Building Inspector for Enforcement Proceedings 242 -244
Watson Street
12.5 Consultant Services - Howes Lake Landfill Closure Phases II and III
12.6 Land Acquisition Policy Harbour Clean -Up
12.7 Proposal to Lease City Arena to Yerxa Sports Clinics Inc.
13. Committee Reports
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 Request of J.D. Irving for Support for Resolution for Increased Tree Planting
16. Adjournment
City of Saint John
Seance du conseil communal
Le lundi 26 mars 2007
Comit6 pl6nier
1. Ouverture de la s6ance
16 h 30 Salle de conf6rence du 8e 6tage
1.1 Question relative au personnel - alin6a 10.2(4)b)
1.2 Comit6 des candidatures - alin6a 10.2(4)b)
1.3 Acquisition de biens -fonds - alin6a 10.2(4)d)
1.4 Acquisition de biens -fonds - alin6a 10.2(4)d)
1.5 Services juridiques - alin6a 10.2(4)g)
1.6 N6gociations relatives aux biens -fonds - alin6a 10.2(4)d)
1.7 Proc6dures judiciaires - alin6a 10.2(4)g)
1.8 S6ance juridique — Rejet de la demande d'autorisation d'appel - alin&a
10.2(4)g)
S6ance ordinaire
1. Ouverture de la s6ance, suivie de la priere
18 h Comit6 pl6nier (s6ance publique)
1. Systeme Electoral
19 h S6ance ordinaire du conseil dans la salle du conseil
2. Approbation du proces- verbal
2.lApprobation du proces- verbal de la s6ance tenue le 12 mars 2007
3. Adoption de 1'ordre du jour
4. Divulgations de conflits d'int6rets
5. Questions soumises a 1'approbation du conseil
5.1 Gestion de la conception et de la construction visant la r6fection du
chemin Manawagonish (recommandation figurant au rapport)
5.2 Gestion de la conception et de la construction visant la r6fection du
chemin Mountain (recommandation figurant au rapport)
5.3 Gestion de la conception et de la construction visant la r6fection de la
promenade Bayside (recommandation figurant au rapport)
5.4 Gestion de la conception et de la construction visant l'installation des 6gouts
pluviaux sur la rue Prince (recommandation figurant au rapport)
5.5 Gestion de la conception et de la construction visant la phase II du projet
d'installations de protection du bassin hydrographique (recommandation figurant
au rapport)
5.6 Soumissions relatives au remplacement de 1'6quipement (recommandation
figurant au rapport)
5.7 Projet de modification du plan municipal (recommandation figurant au
rapport)
5.8 Projet de rezonage des biens -fonds visant a modifier le zonage en fonction de
l'usage des terrains dans une zone d'edification de logements multiples sur terrain
intercalaire (recommandation figurant au rapport)
5.10 Dates d'audiences publiques relatives au 440 -458, avenue Rothesay (arri&e),
au 1967, chemin Manawagonish et au 2117, chemin Loch Lomond
(recommandation figurant au rapport)
5.11 Visualisation tridimensionnelle (recommandation figurant au rapport)
5.12 Financement de Brunswick Pipeline (recommandation figurant au rapport)
5.13 Passerelle sur la parcelle K (recommandation figurant au rapport)
5.14 Demande de financement visant le terrain de jeux St. Rose
(recommandation : transmettre au directeur g6n6ral)
5.15 Projet d'installation sportive Multiplex (recommandation : transmettre au
greffier pour qu'il fixe une date de pr6sentation)
6. Commentaires pr6sent6s par les membres
7. Proclamation
8. I)Wgations et pr6sentations
19h30
8.1 Administration portuaire de Saint John
8.2 Equipe consultative de citoyens relative a la Vision 2015
9. Audiences publiques
19h
9.1a) Modification de 1'arret6 de zonage relativement au 25 -27, avenue Edith
9. lb) Comit6 consultatif d'urbanisme recommandant le rezonage du bien -fonds
situ6 au 25 -27, avenue Edith
9.2a) Projet de modification de 1'arret6 de zonage visant les normes relatives a la
hauteur des batiments
9.2b) Comit6 consultatif d'urbanisme recommandant le projet de modification de
1'arret6 de zonage visant les normes relatives a la hauteur
10. Etude des arrWs municipaux
10.1 Troisieme lecture du projet de modification de 1'arret6 sur la fermeture de rue
relativement a la rue Constance
10.2a) Troisieme lecture du projet de modification de 1'arret6 de zonage visant le
130 -136, boulevard MacLaren
10.2b) Conditions impos6es par Particle 39 visant le
130 -136, boulevard MacLaren
10.3a) Troisieme lecture du projet de modification de 1'arret6 de zonage visant le
141, chemin Churchland
10.3b) Conditions impos6es par Particle 39 visant le 141, chemin Churchland
11. Intervention des membres du conseil
11.1 Saines habitudes de vie (conseiller Chang)
11.2 Etude et mise a jour de la politique (conseiller Ferguson)
11.3 Ancien site d'enfouissement situ6 au lac Howes (conseiller Ferguson)
11.4 C616bration de la Journ6e de la verdure (conseiller Titus)
11.5 Financement des travaux de nettoyage du port (conseiller Titus)
11.2 Services ambulanciers provinciaux (conseiller Tait)
12. Affaires municipales 6voqu6es par les fonctionnaires municipaux
12.1 Convention de financement du r6gime de retraite
12.2 Droits de marketing des destinations
12.3 Travaux de r6novation de 1'ar6na Lord Beaverbrook
12.4 Affectation dun inspecteur des batiments aux proc6dures de mise en
application visant le 242 -244, rue Watson
12.5 Services d'experts- conseils visant les phases II et III de la fermeture du site
d'enfouissement du lac Howes
12.6 Politique relative a 1'acquisition de biens -fonds visant le nettoyage du port
12.7 Soumission relative a la location de I'ar6na municipale aux fins de
programmes d'&6 pr6sent6s a la patinoire.
13. Rapports deposes par les comit6s
14. Etude des sujets &art& des questions soumises a 1'approbation du conseil
15. Correspondance g6n6rale
15.1 Demande formul6e par J.D. Irving voulant appuyer la r6solution visant a
augmenter la plantation d'arbres
16. C16ture de la s6ance
REPORT TO COMMON COUNCIL
March 16, 2007
�0
o His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors,
Re; Ward System of Election
Background
Common Council has considered the issue of an at -large system of election
versus a ward system of election on a number of occasions during the last
ten years. The question was at one time put to a plebiscite (1998), and
more recently been the subject of a public consultation process (2004 -05)
and discussed by both Common Council and the Vision 2015 Committee
(2006).
The Vision 2015 Committee noted that the issue of 'how a person is elected`
to Council is distinct from the question of `how you govern' once you attain
office and therefore returned the matter to Council without a
recommendation. Common Council then decided to refer the issue to an
open meeting of Committee of the Whole for consideration.
The City of Saint )ohn
The following reports are provided in order to assist Council in their
deliberation;
1997 - Briefing Paper on Proposed System of Election by Wards
1998 — Plebiscite Question & Document Respecting a Plebiscite on Wards
2004 — Report by Governance System Citizens Committee
2005 — Discussion Paper on Systems for Election
2006 — Letter of Response from Vision 2015 Steering Committee
Report to Common Council
March 22, 2007
Timing
Page 2
There is a requirement in the Municipalities Act that a change in the system
of election be adopted by bylaw and filed with the Chief Electoral Officer at
least six months prior to the next municipal election ie mid - November of
this year.
Next Steps
Should Common Council decide to move to a mixed ward system as
recommended by the Governance System Citizens Committee the
appropriate resolution would be as follows;
Resolved that the City Solicitor be directed to prepare a
draft bylaw amendment which would establish four
wards of approximately equal population (geographic
areas to be defined), with two Councillors to be elected
from each ward and two Councillors to be elected at
large.
Council may of course choose to create any number of wards and the
resolution can be amended accordingly.
Respectfully submitted,
. Patrick Woods CGA
Deputy City Manager
Terrence L. Totten FCA
City Manager
www.saintjohn.ca
November 6, 2006
P.O. Box/C.P. 1971
Saint John, NB/N. -B.
Canada E2L 4LI
Your Worship Mayor Norman McFarlane and
Members of Common Council
Your Worship and Councillors:
RE: System for Election to Common Council
In October of 2005 Common Council referred the attached report and discussion paper to
the Vision 2015 Committee to "become part of the on -going discussions of that
Committee ".
The Committee has reviewed the material in the context of the work that is currently
being done on Council's governance structure. It is our conclusion that the method used
to elect Common Council has little if any impact on governance structure project that is
being conducted as part of Vision 2015.
There is a significant difference between how you attain office verses how you govern
once you are in office. The report referred by Common Council clearly deals with
possible options for how individuals get elected to Council. Once the Council is in place
the work being done through the Vision 2015 Committee including consideration of
Standing Committees will address the on -going governance component of Council's
operations.
Accordingly the Committee is sending the attached material, dealing with the system for
election to Common Council, back to Common Council without recommendation.
Respectfully submitted,
Councill en Tait
Chair- Vision 2015 Steering Committee
REPORT TO COMMON COUNCIL
-; October 14, 2005
Report to Common Council
The City of saint john
His Worship Mayor Norm McFarlane
And Common Council
Your Worship and Members of Council:
Council will recall that on February 14, 2005, a report was received from Council's
Governance System Citizens' Committee. Upon completion of the presentation, the
following motion was adopted.
"Resolved that the Governance System Citizens' Committee report be referred to
the City Manager to gather more information on possible scenarios for the
distribution of a mixed system given the particular geography of the City, to assist
in future debate on governance systems. "
Attached, please find a discussion paper that attempts to shed additional light on this
subject. In the end the following conclusion is reached;
There is no conclusive evidence in the literature to indicate that the advantages of
adopting an at- large, by ward or mixed system of elections will be realized in
a,s;y application. There is no conclusive evidence in the literature to indicate
that the disadvantages of adopting an at- large, by ward or mixed system of
elections will be experienced. There will be advantages and disadvantages to
each system. It is not so easy to separate the impact of the system of election from
the endless other influences on municipal affairs and community representation.
Having said this, staff has presented two options for Council to consider. While one
could contemplate other variations, at this point in the debate, the focus should remain on
the broader issue of "an at large system" vs "a mixed ward system" as opposed to where
ward boundaries might bWeated.
Terrence L. Totten,
CITY MANAGER
enc
CITY OF SAINT JOHN
SYSTEMS FOR ELECTION TO COMMON COUNCIL
On a number of occasions, the City of Saint John has examined
Int john systems for electing members to Common Council, Most recently,
Common Council formed a citizens' committee to seek public
opinion on the advantages and disadvantages of the current at -large
system of municipal elections, and advantages and disadvantages of
switching to a ward system or implementing a combination of the two.
City government is local government. It is expected to be very responsive
to local views and concerns. How these views and concerns are
expressed to city government, and then turned into services and policies
that reflect community interests, is at the heart of the debate about
election systems and methods.' It is as much about the systems for
connecting with and responding to community, as it is about systems for
electing representatives to Common Council,
Common Council's 2004 Governance System Citizens Committee consisted
of five members, with support from City Staff. The Committee held eleven
community meetings (approximately 400 participants) throughout September
and October, and presented a final report December 2004, The Committee
observed that "the general feeling expressed by participants was that
some areas of the City are over represented while others may be under
represented." Per capita representation (where the number of voters
represented by each councillor are roughly equal), responsiveness,
accountability and communities of interest were the systems -of- election
themes the committee heard most often. To some extent, these themes
may be mutually exclusive: for example, a small council size appropriate for
issues of responsiveness and accountability (Winnipeg's early experience
with a large council was not productive) may complicate per capita
representation and communities of interest,
When asked if they prefer an at- large, ward or mixed system of election,
9% of the community - meeting participants that responded favoured at-
large, 34% favoured a simple ward system, and 57% favoured a mixed
system (at -large and ward.) Respondents were generally divided on the
number of wards that would be appropriate, although 60% of those in
favour of a mixed system preferred four wards (North, South, East and
West.) More than 70% of respondents believe that the current number of
councillors (council size) is appropriate or could be increased,
Floge 1
In their Final Report, the Citizens' Committee recommended to Common
Council that;
the total number of councillors remain at ten with the Mayor elected at- large;
• Council adopts a mixed systern whereby more councillors would be
elected by ward than at- large;
• word boundaries be established based upon the natural boundaries of
the City reflecting population size;
• Council establishes without delay another committee to determine the
distribution of a mixed system and
■ that no further referendum be held to address this issue.
There are generally three systems for electing representatives to Common
Council: at large; by ward; or a mixed system combining selection by
ward and at large,
At- large: All eligible voters in the City of Saint John choose who they want
on Common Council, from the entire list of candidates running for office.
The top ten vote - getters are elected to the ten seats available on
Council. Elected Councillors represent the entire City in Council,
Wards: The City is divided into smaller voting areas or wards, Voters then
vote only for those candidates who are running for office in the ward in
which the voter lives, Elected Councillors each represent that particular
ward in Council, Ward options include one councillor for each ward -- or
fewer wards with two or more councillors in each.
Mixed Ward /At- large: The City is divided into a limited number of smaller
voting areas or wards, which are represented by Councillors elected from
those wards - and a designated number of Councillors are also elected
from a list of at -large candidates to represent the entire City, The mixed
system is used in many cities throughout the US, and while it is not found in
major cities in Canada, it is used in nine communities in New Brunswick,
In a system of election based on wards alone, the number of wards is
limited by the number of members on Common Council and the number
of councillors per ward. Excluding the three cities with exceptionally large
councils (Montreal, Toronto and Quebec) the average council size for
most cities in Canada is ten members.2 In New Brunswick, smaller towns
and villages may have as few as three or four councillors. In any case, the
number of voters per ward in Saint John will clearly be much less than the
20- 30,000 that is typical of medium and large cities across Canada. Ward
boundaries are generally established to account for neighbourhoods,
Page 2
history, geographic factors (transportation; natural boundaries), and
population trends. There is also a tendency to try and balance the
number of voters between wards, Ward boundaries have not been
defined as part of previous exercises to examine systems for electing
members to Common Council.
While not directly related to systems of election, Common Council is also
aware that there are many interests not defined by 1p ace. These are
'communities of interest', and are independent of geography. People often
live in one location, work in another, and participate in recreation, worship
services or volunteer activities in yet another location. A group of residents
with an interest in a soccer complex - for example - are likely to live
throughout the City. These communities of interest require ongoing processes
of consultation - outside the system of election - If they are to be heard.' -
Both the ward and at -large systems of election are said to have
advantages and disadvantoges.3 In many cases, it is not so easy to
separate the impact of the system of election from the endless other
Influences on municipal affairs. In either system, the mayor is typically
elected at -large and independently from the rest of Council.
Wards:
- voters are more familiar with the candidates;
- candidates are more aware of the needs of their constituents;
- ward- specific issues are emphasized;
- all areas of the City are represented on Common Council;
- wards will likely be larger than the neighbourhood -sized units
favoured by residents;
- lower campaign costs, so candidates are not limited by resources;
- voter turn -out tends to be greater,
- spending, debt and taxes tend to be higher4;
- ward elections produce a shorter ballot;
- increased accountability - constituents know 'their' councillor;
- emphasizes a more parochial focus, at the expense of City -wide issues.
At- Large:
- fosters a City -wide and long - term /future view of issues;
- unifies City around common purpose and priorities;
- Councillors have support throughout the City;
- system is administratively simple, and easy for voters to understand;
- may under - represent minorities or socio - economic categories;
- Council acts and is accountable as a group:
- Voter ballot may be extremely long (50 candidates in 2004 election);
Page 3
- may not be as responsive to neighbourhood interests;
- Councillors may be elected by less than a majority of voters (less
than 50%.)
Mixed At -Large and by Ward:
- may provide the advantages of both systems;
- may create the disadvantages of both systems;
- tends to create two `tiers' of councillors; at -large councillors often
claim a greater 'voice' in the community,
The size, population and nature of the City of Saint John changed in 1967
when the then City of Saint John was amalgamated with the City of
Lancaster and the Parish of Simonds. As Canada's oldest city, Saint John
has a long history of municipal elections; however for more than thirty
years prior to amalgamation in 1967, the City was not divided into wards.
Following the 1967 amalgamation, the city was divided into three wards,
Carleton- Lancaster, Parrtown- Portland, and Simonds. Three councillors
were elected from Carleton- Lancaster, six councillors from Parrtown-
Portland, and three councillors from Simonds - for a total of twelve
councillors from wards. The mayor was elected at- large. Reports indicate
that election by ward and the larger size Council were accepted at the
time to "ease the impact of imposed amalgamation."
Intending to improve the electoral system, the first amalgamated Council
recommended a reduction of Council members to eight, although the
recommendation was not acted upon at the time. In 1976, Common
Council established a citizens' committee composed of former mayors to
report to "Common Council with c recommendation regarding the
number of members of Council". The recommendation of the committee
was that Common Council should consist of eight councillors and a mayor
all elected at large, The recommendation was implemented in 1979
based on ten councillors and the mayor elected at large. The committee
made a number of observations which formed the basis for their
recommendation; these apply equally well today;
" The objective of Council should be to establish policy with respect to City
matters and ensure that the administration of such policy is conducted in
on effective and efficient manner.
• It is a desirable objective to create a Council which will facilitate persons
offering for public service without undue hardship to their livelihood.
• The efficiency of Council is to a degree reflected in the size. The history of
the City has been the larger the Council the greater the tendency to work
through Council Committees and the greater the use of Council
Page 4
committees the greater the danger of Council dealing with administration
and not policy.
• We believe in the basic concept of the Council / manager system. On this
basis the Council should be that size which will have the best chance of
implementing the concept. At the some time we feel that there should be
reasonable opportunity to interested citizens to give service.
• The smaller the Council the greater the tendency to fuifrll more of Council
duffles by Council session in public."
During the most recent municipal elections (2004) 94 of the 103 villages,
towns and cities in New Brunswick used an 'at large` system of electing
councillors, nine used a combined ward and at large system, and six used
a ward system, The City of Fredericton and the City of Edmundston use a
ward system. Miramichi, Dieppe, Riverview and the City of Moncton use a
combined ward and at large system. The Cities of Saint John, Bathurst and
Campbellton use an at large system,5
Voter turnout is often cited as an indication of the health of our
democracy, and as an indication of satisfaction with the political process.
Voter turnout is calculated as a percentage of electors on the voters list
who marked a ballot during an election. Declining voter turnout is seen by
some as a part of a 'Democratic deficit'. in a representative democracy,
people elect their representatives and delegate to them decision - making
powers. The higher the voter turnout, the more legitimacy the government
and representatives have because they received a mandate from a
larger part of the population.b One generally accepted standard for
adequate voter turnout is 50 %.7
Canadian experience indicates that voter turnout is greater in small
communities, is greater in cities with a ward system of election, and in
elections with notable issues. Surprisingly however, voter turnout in Saint
John (52 %) is consistently greater than Fredericton (31%) ...which is a
smaller city with a ward system of election.$ In a study of municipal issues
and accountability, Saint John ranked third of eleven Canadian cities
surveyed, in terms of voter turnout,9 In contrast, Victoria - a city of
comparable size and with an at -large system of election - had the lowest
voter turnout, at 31 %.
The rules for counting votes and determining the winning candidate may
determine how well a system of election represents the community. The
current approach is known as a plurality system or 'first past the post'. The
candidate with the most votes wins. This may not necessarily be a majority
Page 5
of all voters or all votes (e,g.; not 50% of the vote.) Analysis from a 2000
staff report to Common Council indicates that - for the period from 1967
to 1997 - all areas of the City tended to be fairly represented on a per
capita basis population.
The alternative is a system that provides for proportional representation.
The main feature of proportional representation is that seats are won in
proportion to votes cast. if a political party receives 30% of all votes, it wins
30% of the seats. This can work well in federal or state elections, or in
municipal elections where they are political parties (such as COPE and
NPA in Vancouver.) Saint John does not have municipal political parties. A
version of proportional representation, called 'single transferable vote'
(STV) can be applied to municipal at -large or ward elections (two or more
councillors per ward) without political parties. Under STV, voters in multi-
councillor wards (or elected councillors at- large) rank all candidates in
order of preference, Candidates that reach a required threshold are
declared elected. Candidates receiving the least votes are eliminated.
Second_ and subsequent votes on each - ballot are then applied to the
remaining candidates to identify the next one to satisfy the threshold and
be elected. The calculation process is repeated until all councillor
positions are filled. While there is historical experience with the single
transferable vote form of proportional representation, there presently are
no Canadian governmental bodies elected by STV. Cambridge MA is the
only US city that currently uses single transferable vote.
There is no conclusive evidence in the literature to indicate that the
advantages of adopting an at- large, by ward or mixed system of
elections will be realized in every application. There is no conclusive
evidence in the literature to indicate that the disadvantages of adopting
an at- large, by ward or mixed system of elections will be experienced.
There will be advantages and disadvantages to each system. It is not so
easy to separate the impact of the system of election from the endless
other influences on municipal affairs and community representation.
A 1998 triennial election (Saint John area) plebiscite asked "Do you want
the City to be divided into four words of approximately equal population
with two councillors to be elected by the voters of that ward, and two
councillors to be elected at large ?" Approximately 54% of voters (10840
vs. 9195) indicated a preference for a system of election based on
wards.10 The Municipalities Act (section 68(5)) requires municipal council
to implement a proposal when 60% voting in a plebiscite do so in the
affirmative. The proposal was not implemented,
Page 6
The 2004 Governance System Citizens' Committee recommended a
mixed system, with more councillors elected by ward than at- large.
For purposes of simplicity and clarity - consistent with the earlier findings
indicated in this document - the following two options for action are
presented for consideration by Common Council. Both systems of election
have merit. Either may be successful ...largely dependent on the
communication and accountability practices that support the options.
Option #1 - Elections At- Large: This is the current practice of at -large
elections for ten councillors and a mayor. The option is supported by
continuing and enhancing the current measures to connect and
communicate with communities throughout the City (e.g.; town hall
meetings), by continuing and enhancing measures to ensure excellence
in public service, and by continuing and enhancing measures for public
accountability in municipal programs and decision - making.
Option #2 - Mixed At -large and by Ward Elections:_ This consists of seven
councillors elected within wards - defined by an independent committee
appointed by Common Council and creating the ward boundaries based
on principles of per capita representation and communities of interest -
and three councillors and a mayor elected at- large. The wards generally
reflect the North, West, East and South divisions of the City; and consist of
two councillors elected in each of the North, West and East wards, and
one councillor elected in the South ward (consistent with the current
population distribution.) The option is supported by continuing and
enhancing the current measures to connect and communicate with
communities throughout the City (e.g., town hall meetings), by continuing
and enhancing measures to ensure excellence in public service, and by
continuing and enhancing measures for public accountability in municipal
programs and decision - making,
I City of Vancouver. (1996). Election Systems and Municipal Government. Retrieved August 26, 2004
from http://citv.vancouver.bc.ca/ciyclerkielection systems/conten!s.html
z Tennant, P. & West, J. (n.d.). How large should Vancouver be? Nanaimo, BC: Malaspina University -
College.
'Tindal, C.R., & Tindal, N. (1990). Local Government in Canada. Toronto, ON: McGraw -Hill Ryerson
4 Southwick, L. (1997). Local government spending and at -large versus district representation, do wards
work. Economics and Politics 9(2), 173 -203.
5 Office of the Chief Electoral Officer. (2004). 2004 Positions by municipality;. Retrieved August 26, 2004
from htW://www.gnb.ca/clections/04mun/04muninfo-e.asp
Page
6 New Brunswick Commission on Legislative Democracy. (n.d.). Facts on voter turnout, Retrieved August
26, 2044 from hU: / /www.gnb.Ea/0? 00/Doc /fact3tumout -e.bdf
7 Smith, p.., & Stewart, K. (1998). Making local accountability work in British Columbia, Burnaby, BC:
Institute of Governance Studies, Simon Fraser University,
'Toronto Community Foundation. (2001). Municipal voter turnout. Vital signs 2001. Retrieved August 26,
2004 fromhn: / /www.tcf,ca/vital siens/vitalsigns2001 /18 learning] toronto voting-12 cf
9 Anselmo, C., Irwin, J. & Leclair, S. (n.d.). Municipal council questionnaire survey (Student Research
Report No. 2). Sudbury, ON: Laurentian University, Centre for Local Government
io Office of the Chief Electoral Officer. (n.d.). May 11, 1998 plebiscites. Retrieved October 13, 2005 from
ht!p://www.nb.,c,,a/ tic�ctions/98mun/98m m cites.-e..asj±saint0/q20john
Page, 8
)- -3
To: Saint John Common Council
On July 5 'h, 2004 Saint John Common Council established a citizen's committee
to host public forums gather input and information regarding Systems of Elections for the
City of Saint John. On behalf of the Governance System Citizens Committee I herby
submit the following report as requested in the terms of reference.
Respectfully Submitted,
Jason A. Steph
Chairperson
Governance System Citizens Committee
Report By Governance System Citizens Committee
TABLE OF CONTENTS
Mandate
Committee Composition
Method
Models Considered
Principles of Governance
Representation/Responsiveness
Systems -of- Election
Size of Council
Election Ballot
Decision by Referenda
Other Issues
Candidate/Councillor Criteria
Selecting a Deputy Mayor
Regional Issues
Satisfaction
City Administration/Services
Recommendations
Appendices
Report By Governance System Citizens Committee
Page I
Page 1
Page 1
Page 2
Page 2 -3
Page 3 —4
Page 4 — 6
Page 6
Page 6
Page 6
Page 7
Page 7
Page 8
Page 8
Page 8 -9
Page 9
Page 10
MANDATE
The Committee will seek the input of citizens and interested groups and organizations on the
potential models for local elections in the City of Saint John (wards, at- large, combination) and
the advantages and disadvantages of each. The Committee will submit a report and
recommendation(s) to Common Council no later than November 29, 2004.
On July 5, 2004, Saint John Common Council adopted the following resolution:
On motion of Deputy Mayor Hooton
Seconded by Councillor McGuire
RESOLVED that the Mayor and Common Council appoint a
Citizens' Committee that would host public forums to provide information and solicit input
on the implementation of a ward system and to make recommendation to Council no later
than November 29, 2004.
Terms of reference (see Appendices).
COMMITTEE COMPOSITION
The Committee, made up of Jason Stephen, Chair; Leslie Keirstead, Vice -Chair and Secretary;
Mel Norton; Aubrey Reid; and Earl Campbell, with support from City of Saint John staff (see
Appendices).
METHOD
The committee held various hearings throughout the city (see Appendices) and a video
presentation along with handout (see Appendices) were provided to participants. Participants
were able to access all information via the City of Saint John's website and were also able to
provide their comments by email or sending them to the Common Clerk's office.
The committee met with.Katherine d'Entremont, Director of Local Governance and Community
Leadership. Ms. D'Entremont provided the committee with information on the merits of one
system versus the other, she discussed what was happening in Vancouver, and discussed the
Municipalities Act.
Report By Governance System Citizens Committee
MODELS CONSIDERED
The at -large system is where all eligible voters in the City of Saint John choose who they want
on Common Council, from the entire list of candidates running for office. The top ten vote -
getters are elected to ten seats available on council. Elected councillors represent the entire city
in Council.
In a ward system the city is divided into smaller voting areas or wards. Voters vote only for
those candidates who are running for office in the ward in which the voter lives. Elected
councillors each represent that particular ward in Council. Ward options include one councillor
for each ward — or fewer wards with two or more councillors in each.
In a mixed ward/at -large system the city is divided into a limited number of smaller voting areas
or wards — which are represented by councillors elected from those wards — and a designated
number of councillors are also elected from a list of at -large candidates to represent the entire
city.
PRINCIPLES OF GOVERNANCE
The public was consulted on three systems of governance: at- large, ward and mixed systems.
All systems of governance have merit and in the past attracted have qualified candidates.
At this time, citizens elect their provincial and federal representatives using a constituency based
system of governance. On the other hand, municipal representatives are elected through a
plurality based system. It is noted that governments are evolutionary and therefore, like our
federal and provincial counterparts, we should examine our electoral system every 10 -15 years.
As part of the consultation process, a concerned number of citizens felt the principle of
governance for the people/by the people has been lost. The general feeling expressed by
participants was that some areas of the city are over represented while others may be under
represented. A mixed system can or could provide a balance that is equitable and inclusive for
the entire city. Citizens felt that a major theme of the Mixed System is the fact that it encourages
Report By Governance System Citizens Committee 2
diversity, which is supported by our growth strategy. Promotion and representation for all areas
and communities of the city is important.
Two other principles of governance were voiced during the consultation hearings: campaign
financing and term limits. The notion of campaign finance reform has merit; however, this falls
under provincial jurisdiction and would require change brought on by the Province of New
Brunswick. Term limits would also fall under provincial jurisdiction and there would appear to
be no willingness to initiate a change at this time.
REPRESENTATION/RESPONSIVENESS
The issue of Representation/Responsiveness was a repeated concern heard throughout the public
consultation process. Citizens felt there is a lack of accountability and initiatives for `their area'.
This idea is in no way meant to slight or criticize past, present or future Councils; however, it
delivers a point that citizens feel that they and their communities are not represented well by
Council.
For many people the opportunity of knowing a councillor personally is rare; therefore, people
feel that they do not know who to call when in need or to ask questions with regard to certain
issues. Effective representation stems directly from engaging the public in as many ways as
possible. It was noted several times that getting an issue raised or dealt with at Council is
difficult. Citizens advocate for services individually rather than as a community and relationship
building with an entire Council is difficult. Providing a more inclusive and diverse Council
could be a more a positive approach.
Currently, outlying areas feel they have no voice or representation, creating the feeling of being
under - represented. The reality is the City of Saint John is comprised of very distinct areas and
communities. Citizens who do not reside in high- density neighbourhoods feel left out of the
democratic process. They may not know who to vote for and feel there is a minimum effort put
forward to reach out to them during and after an election leaving these communities feeling
disenfranchised.
Report By Governance System Citizens Committee
A mixed or ward system could create an informed voter. It may be much easier to track how a
councillor voted on issues important to the voter. Citizens could become aware of Councillors'
voting patterns which could create positive relationships between the voter and Council
candidates. Citizens want to feel represented. A concern with regard to the ward system is that
it could create divisiveness among areas; however, it was also stated that it provides a more
inclusive environment and a better balance of representation.
It was felt that Council is not responsive to neighbourhood concerns because they have a
centralized approach to running the city. Due. to this approach, citizens felt they are not properly
represented. A ward or mixed system could provide better access to councillors. Citizens felt
that a ward councillor could be better known in a particular geographic area thus providing
accessibility and accountability. It was felt that as taxpayers there is minimum accountability
with some councillors.
SYSTEMS -OF- ELECTION
How do Citizens of Saint John react when asked?
"Do you prefer an at- large, ward or mixed system of municipal government ?"
Overwhelmingly, more than 90% of those who answered would like the City to adopt either a
full or partial ward system. Less than 10% of respondents would like to keep the current at -large
system; 57% of those who responded preferred a mixed system, with some councillors elected
from designated wards and some elected at- large. 34% preferred a pure ward system and 9%
preferred the current at -large system.
While respondents' reasons for wanting change are as varied as the citizens of Saint John, the
answer to this question, which is the focal point of this Committee's mandate is clear;
respondents do not want the present at -large system. Comments received to this question in
support of a ward or mixed system include:
• "The ward system lessens disparities. Let's join the vast majority of Canadian cities in
closing the democratic deficit gap."
Report By Governance System Citizens Committee 4
• "We seem to be a forgotten area ... We are very much in favour of a ward system."
• "Saint John really needs a ward system as it is not a homogeneous community."
In contrast, there were some respondents who supported the current system. Those comments
include:
• "We do not agree with a ward system for the City of Saint John. If it is not broke, why
fix it."
• "We would like to see a system whereby councillors are elected "at- large ", and then
appointed a portfolio .. "
• "I feel that we have been well served by the at -large system.... Let's not screw things up
by changing for the sake of change."
Among those in favour of a pure ward system (34 %), opinions varied when asked:
"How many wards should we have and how many councillors should be elected from
each ward ?"
The responses indicated that approximately 50% of the citizens want a large number of wards
(10 to 15) and the remaining 50% want a small number of wards (3 to 4), but with the
opportunity to elect several councillors from each ward (2 to 4).
The Committee asked those in favour of a mixed system (57 %) the following questions:
"How many wards should we have? How many councillors should be elected from each
ward? How many councillors should we elect at large ?"
More than 60% of the respondents in favour of a mixed system want 4 wards (north, south, east,
west) with 2 councillors elected from each ward and the remaining councillors (2 to 4) elected at-
large. The remaining 40% favour a variation of the majority opinion, e.g., one person suggested
5 wards, 1 councillor per ward and 3 at large, and another respondent said that 6 wards, one
councillor per ward and 4 at large could be appropriate.
Report By Governance System Citizens Committee 5
SIZE OF COUNCIL
Many citizens voiced their opinion about the present number of councillors and commented on
this issue in the context of proposing a pure ward or mixed system. More than 70% of
respondents felt that the current number of councillors is appropriate or could be increased.
Among those happy with the current number of councillors, many commented that having 10
councillors is reasonable but this number may have to change if a ward or mixed system is
implemented. Others, approximately 30 %, felt that we have too many councillors and that a
mixed system would enable the City to reduce the current number of councillors.
ELECTION BALLOT
Concern was expressed that the ballot in the last election was confusing and too long with over
fifty names from which to choose. Some citizens stated they did not vote and voter turnout could
have been greater if there had been fewer names on the ballot. This could provide a better
opportunity for voters to know the candidates. With a ward or mixed system the number of
candidates could be reduced.
WARD BOUNDARIES
Of those citizens who wanted to change to a mixed or pure ward system, most felt the boundaries
be determined by both population and geographical location (north, south, east, west).
Outlying areas favoured a pure ward system because of the uniqueness of their issues. Citizens
felt they would have better access to a councillor who represented them, as areas of the city are
very distinct.
It was suggested that a separate committee could be established to determine the boundaries of
the wards and that Council has the mandate to move forward. It was stated by some citizens that
geographical representation is the system used by the provincial and federal levels of
government and this should be taken into consideration when determining boundaries for wards.
Report By Governance System Citizens Committee 6
DECISION BY REFERENDA
In the May 11, 1998 Municipal Election, a referendum was held on the following question:
"Do you want the City to be divided into four wards of approximately equal population with two
councillors to be elected by the voters of that ward, and two councillors to be elected at large ?"
54.1% voted in favour. One citizen stated "we elect councillors to make decisions for us and the
decision to change to a mixed or ward system should be made now."
Respondents stated frequently `there should be no referendum or plebiscite on this issue.'
OTHER ISSUES
CANDIDATE /COUNCILLOR CRITERIA
It was suggested that term limits could be imposed. Some citizens felt councillors who are re-
elected time and time again could become complacent and therefore, less accountable to the
citizens of Saint John. Others felt councillors are re- elected because of name recognition and not
because they are the best person for the job.
It was expressed that a clearly defined job description for a councillor may be established.
Mention was made those candidates for council should have certain qualities before seeking
public office such as: qualifications that meet the criteria set out in a job description; an
orientation workshop that defines the roles and expectations of a councillor. Citizens felt
potential candidates should be involved and knowledgeable about the City before offering for
council (similar to the concept of you have to live in the City to be employed by the City).
Report By Governance System Citizens Committee 7
Some citizens expressed concern that there are no spending limits imposed on candidates and
that disclosure of financial contributors is not required. Citizens were advised by the committee
this falls under provincial jurisdiction.
SELECTING A DEPUTY MAYOR
Throughout many of the consultations it was expressed by the majority that the current system of
electing a deputy mayor should be retained. If a mixed system were adopted, councillors elected
at -large would no doubt have a greater number of votes than those elected in a ward. It was'felt
that the selection of a deputy mayor should not hinge on the number of votes received, but
merely by a vote of council.
REGIONAL ISSUES
It was felt that the geographical size of the city is too large and the perception of what is good for
the central core is good for the outlying areas. One citizen stated, that the river road area from
Ketepec to Martinon should have been amalgamated with Grand Bay - Westfield rather than being
part of City of Saint John.
SATISFACTION
The majority of citizens appeared to be dissatisfied with the current system of governance.
Citizens in most areas, particularly the outlying areas of the city (Loch Lomond, Red Head,
Lorneville, Marna) feel under- represented. Time after time, respondents stated that there is little
accountability among councillors; it is easy "to pass the buck" as councillors are not designated
to represent an area.
Concerns were expressed that Council does not reflect the current demographics and a more
inclusive process may need to be established that would include the ethnic population and
women.
Report By Governance System Citizens Committee 8
It was mentioned that some areas of the city are over - represented by councillors. Emphasis
appears to be placed on certain areas of the city in terms of growth (Millidgeville) while some
other areas appeared to be used as "industrial dumping grounds" (Red Head, Lorneville).
CITY ADMINISTRATION /SERVICES
Several respondents in the outlying areas stated they get too few services for the taxes they pay.
Citizens in areas like Red Head and Lorneville with large land mass felt police and fire
protection was minimal. Many areas still have gravel roads. A sidewalk up the river road to
Martinon still does not exist after being promised over 40 years.
A citizen suggested a "portfolio" assignment within city council, with individual councillors
assigned to oversee specific areas, rather than trying to oversee the entire city administration.
Red Tape should be reduced and progressive changes in the city should be encouraged, rather
than discouraged. It was suggested that city council deal with policy and that city manager and
staff implement policy.
The south end of the city has many challenges in dealing with the issues of poverty, garbage,
sewage, and slum landlords. This area needs a comprehensive plan to deal with those issues,
whether it be more hands -on police protection, stronger housing policies, garbage and sewage
plan.
City Committees are an important aspect of city administration/services. It was suggested that
citizens elected to serve on committees should be suitable and capable in their assigned field.
Term limits should be imposed on these committees, boards, and commissions. It was suggested
by one participant that we have a full time mayor or a full time city manager, but not both.
Report By Governance System Citizens Committee 9
RECOMMENDATIONS
Based on the entire consultation process, the Governance System Citizens' Committee
recommends that:
• the total number of councillors remains at ten with the Mayor elected at- large.
• council adopts a mixed system, whereby more councillors would be elected by ward
than at- large.
• ward boundaries be established based upon the natural boundaries of the city
reflecting population size.
• council establishes without further delay another committee to determine the
distribution of a mixed system.
• no further referendum be held to address this issue.
Report By Governance System Citizens Committee 10
APPENDICES
GOVERNANCE SYSTEM CITIZENS COMMITTEE
TERMS OF REFERENCE
MANDATE — The Committee will seek the input of citizens and interested groups
and organizations on the potential models for local elections in the City of Saint
John (wards, at large, combination) and the advantages and disadvantages of each.
The Committee will submit a report and recommendation(s) to Common Council no
later than November 29, 2004.
COMMITTEE COMPOSITION
The members of the Committee are:
Jason Stephen — Chair
Leslie Keirstead — Vice - Chair, Secretary
Mel Norton
Aubrey Reid
Earl Campbell
MEETING FORMAT
The Committee will host a series of public forums across the City of Saint John. The meetings
will commence with a brief background presentation on the different systems of election
followed by an opportunity for those present to make their views known to the committee.
MEETING LOCATIONS /DATES
Advance notice of the dates and meeting locations will be provided by the City of Saint John.
Other meetings may be scheduled at the discretion of the Committee. Simultaneous
interpretation services can be made available as required.
INPUT — Citizens and interested groups will be offered a variety of means to submit their
opinions to the Committee including written briefs, web based comments and written invitations.
"0 •:uE M
In order to encourage informed public debate, information pieces on the various models will be
developed and presented through the media, City web site, handouts etc in advance of the public
forums. Presentations will also be made by Committee members to select community groups
(Rotary, Kinsmen, Seniors, Fusion, etc.).
SUPPORT — The Communications Officer and Manager of Policy and Planning
will provide staff support to the Committee.
Report By Governance System Citizens Committee 11
COMMITTEE COMPOSITION
Governance System Citizens Committee
Comite civique de revision du r6gime de guvernance
Biography of/Biographie de : Jason A. Stephen
(Committee Chair/ president du Comite)
Saint John High graduate Jason A Stephen
completed his education by graduating from
UNBSJ in 1998 with a Bachelor of Arts - Double
Majors: Political Science & History. As well,
Jason is comfortable communicating in both
English and in French. His interests include a
number of sports, including basketball, rugby,
baseball, and football.
At present, Jason is a realtor with Royal LePage
Atlantic specializing in residential and multiple
family properties, and holds membership in the
Canadian and New Brunswick Real Estate
Associations, and the Saint John Real Estate
Board. However, he also possesses a broad range
of experience in a number of other ventures,
including:
✓ Riding Liaison Provincial P.C. Campaign
(May 1999- June 1999): Coordinated events
and provided help at riding level
✓ Logistics coordinator - P.C. Party Task Force
on poverty (March 1999 -May 1999):
Organized advance, travel, media, and
meetings
✓ Special Assistant to Rt. Hon. Joe Clark (Nov.
1998 — Mar. 1999)
✓ Special Assistant to the Interim Leader of the
Progressive Conservative Party, Elsie Wayne
(Aug. -Nov. 1998): Case work, staffing the
Leader at events, etc.
✓ Legislative Assistant- Senator Noel Kinsella
(May - August 1998): Research, speech
writing, committee work
Finissant du Saint John High School, M. Jason A
Stephen a complete ses etudes en obtenant en 1998
un baccalaureat es arts aver majeure double en
sciences politiques et en histoire de PUNBSJ. Jason
peut en plus communiquer avec aise dans les deux
langues officielles. Il s'interesse a un certain nombre
de sports, notamment le basket -ball, le rugby, le
baseball et le football.
Jason est actuellement courtier immobilier avec
Royal LePage Atlantique et se specialise dans les
proprirttes rdsidentielles et les immeubles collectifs.
Il est membre de ]'Association canadienne de
I'immeuble, de ]'Association des agents immobiliers
du Nouveau - Brunswick et du Saint John Real Estate
Board. 11 possede toutefois aussi une experience
diversifiee au sein d'un certain hombre d'autres
entreprises, soft
✓ comme agent de liaison de circonscription de la
campagne provinciale du PC (mai 1999 - juin
1999) : a eoordonne des activites et fourni de
]'aide a I'echelon de la circonscription;
✓ coordonnateur logistique — groupe de travail sur
la pauvrete du PC (mars 1999 - mai 1999) : a
organise I'avance, les deplacements, les relations
avec les medias et des assemblees;
✓ adjoint special du tres honorable Joe Clark
(novembre 1998 - mars 1999);
✓ adjoint special de la chef par interim du parti
progressiste conservateur Elsie Wayne (aout —
novembre 1998) : travail social individualise,
affectation de la chef a des activites, etc.;
✓ adjoint legislatif du senateur Noel Kinsella (mai -
aout 1998) : recherche, redaction de discours,
travaux de comitds.
Jason is also involved in a number of Jason fait par ailleurs partie d'un certain nombre
organizations and boards, including: d'organisations et de conseils, notamment :
✓ Representative - Political Action Committee ✓ comme representant — Comite d'action politique
for Saint John Real Estate Board (2004) du Saint John Real Estate Board (2004);
Report By Governance System Citizens Committee 12
Member - Board Of Directors for Service
New Brunswick (2004)
Member - U.N.B.S.J Alumni Action Team
(2000 - Present)
Head Coach of Saint John High Girls
Basketball (2000 - Present)
Member of the Saint John Real Estate Board
committees - Education & Public Relations
(2000 -2003)
✓ membre — Conseil d'administration de Services
Nouveau - Brunswick (2004);
✓ membre — groupe d'action des anciens de
1'UNBSJ (de 2000 a ce jour);
✓ entraineur -chef de basket -ball fdminin du Saint
John High (de 2000 a ce j our);
✓ membre de comitds du Saint John Real Estate
Board — Education et relations publiques (2000-
2003)
Governance System Citizens Committee
Comite civique de rdvision du regime de governance
Biography of/Boigraphie de : M'"e Leslie Keirstead
(Vice -Chair & Secretary/vice- redsident et secrdtaire)
Leslie Keirstead is employed with
ClientLogic as an Internet Technical Support
Agent. Previously, she was employed with
former Member of Parliament, Elsie Wayne,
for a period of seven years. Leslie has also
been involved in several election campaigns
at all three levels of government.
Leslie resides in Millidgeville with her
husband and two children.
M11e Leslie Keirstead est au service de
ClientLogic a titre d'agente de soutien
technique Internet. Elle a auparavant travailld
avec 1'ancienne deputee federale Elsie Wayne
pendant une periode de sept ans. Leslie a en
plus participd a plusieurs campagnes dlectorales
aux trois ordres de gouvernement.
Leslie demeure a Millidgeville avec son mari et
ses deux enfants.
Report By Governance System Citizens Committee 13
Governance System Citizens Committee
Comite civique de revision du regime de gouvernance
Biography of/Boigraphie de : Mel Norton
(Saint John South/Saint John Sud)
Mel Norton is a resident of the central Saint
John area where he has lived since
completing his Bachelor of Arts (B.A.)
degree at the University of New Brunswick,
Saint John Campus, in 1997 and his Bachelor
of Law Degree at the University of New
Brunswick Law School in Fredericton, in
1999.
Professionally, Mel is a member of the law
firm Lawson & Creamer, the Law Society of
New Brunswick, the Canadian Bar
Association, the Canadian Bar Association —
President, Young Lawyer's Conference and
the Canadian Bar Association — Secretary,
Labour and Employment Group. Mel is also
the Labour Law instructor at UNBSJ's
Faculty of Business.
In his law practice, Mel focuses on
representing employers and employees in
labour and employment matters. As a
practitioner, he has written articles on
employment law subjects such as employee
discipline and workplace harassment.
M. Mel Norton est un resident du centre de
Saint John, ou it habite depuis qu'il a termine
son baccalaureates arts (B.A.) au campus de
Saint John de l'Universitd du
Nouveau - Brunswick en 1997 et son
baccalaurdat en droit a 1'Ecole de droit du
Nouveau- Brunswick a Fredericton en 1999.
Sur le plan professionnel, Mel est membre du
cabinet d'avocats Lawson & Creamer, du
Barreau du Nouveau - Brunswick et de
I'Association du Barreau canadien, president de
I Conference des jeunes avocats et notaires de
I'Association du Barreau canadien, et secrdtaire
du Groupe du travail et de 1'emploi de
I'Association du Barreau canadien. Mel est
egalement charge de cours en droit du travail a
la Faculty d'administration des affaires de
I'UNBSJ.
Au sein de son cabinet d'avocats, Mel se
concentre sur le travail de representation des
employeurs et des travailleurs dans les
questions du domaine du travail et de 1'emploi.
Il a, a titre d'avocat, rydige des articles sur
divers sujets touchant le droit du travail, comme
]a discipline des employes et le harcelement au
travail.
Report By Governance System Citizens Committee 14
Governance System Citizens Committee
Comite civique de revision du regime de gouvernance
Biography of,Biographie de : Aubrey Reid
(East Saint John/Saint John Est)
Formerly of Cape Breton, (Joseph) Aubrey
Reid has lived in Saint John, N.B. for over 30
years. Educated in Nova Scotia Public
Schools, Aubrey attended St. Francis Xavier
University in Antigonish, and St. Joseph's
Seminary/ Newman Theological College in
Edmonton, Alberta (Bachelor of Arts/ Major
Philosophy/ Sociologyl964). Later, to keep
his learning current he received his Business
Administration Certificate in 1983 from the
University of New Brunswick, and a Business
Management Certificate from the Niagara
Institute.
Aubrey has worked in a number of positions
over the years, including Thorne Ridell & Co.,
Chartered Accountants (1973), Registrar of
New Brunswick Community College, Saint
John (1974- 1983), Regional Director of
Family & Community Services, Province of
N.B., Saint John (1983 - 2002), and Labour
Force Development Officer, Enterprise Saint
John (2003).
As well, he wore the title of "facilitator" for the
"Dad's Making a Difference" program at
Family Plus/Family Services (2001 - 2003).
Other boards and committees Aubrey
volunteered on include:
➢ First Steps Inc.
9 Legal Aid New Brunswick
➢ Seton Court, Sisters of Charity
Business Community Anti - Poverty Inc.
Originaire du Cap- Berton, M. (Joseph) Aubrey
Reid habite Saint John, N. -B. depuis plus de
30 ans. Apr6s des etudes dans les dcoles
publiques de la Nouvelle- Ecosse, Aubrey a
frequent& l'Universitd St. Francis Xavier
d'Antigonish et le College de theologie
Newman du Seminaire St. Joseph's a
Edmonton, Alberta (baccalaur6at 6s arts,
majeure en philosophie /sociologie, 1964). Pour
tenir ses connaissances a jour, it a ensuite
obtenu en 1983 un certificat en administration
des affaires de 1'Universite du
Nouveau - Brunswick et un certificat en gestion
des affaires de I'Institut Niagara.
Aubrey a occupd un certain nombre de postes
au fil des ans, notamment chez Thorne Ridell
& Co., cornptables agrees (1973), .comme
registraire du College communautaire du
Nouveau - Brunswick de Saint John (1974-
1983), directeur regional de Services
communautaires et a is famille du
gouvemement provincial du N. -B., a Saint
John (1983 - 2002), et agent de developpement
des travailleurs, Enteeprise Saint John (2003).
I1 a en outre port& le titre de « facilitateur » du
programme « Dad's Making a Difference » a
Family Plus /Family Services (2001 - 2003). Les
autres conseils et comitds auxquels Aubrey a
volontairement si6g6 comprennent
➢ First Steps Inc.,
➢ Aide juridique du Nouveau - Brunswick,
➢ Seton Court, Soeurs de la Charity,
➢ Business Community Anti - Poverty Inc.,
Human Development Council ➢ le Human Development Council,
➢ Immigration Y Immigration,
Saint John Board of Trade ➢ le Saint John Board of Trade.
Report By Governance System Citizens Committee
15
Governance System Citizens Committee
Comite civique de r6vision du regime de guvernance
Biography of/Biographie de: Earl B. Campbell
(West Saint John/Saint John Ouest)
Born in Saint John, Earl has lived here his
entire life. He graduated from Saint John
Vocational School in 1947, and spent most of
his working years in the financial industry.
Earl retired after 35 years of employment with
Canada Life in 2003.
Earl has a long history of public service in
Saint John, including:
✓ member of the United Commercial
Travellers of America since 1961, serving
as Past Grand Counselor (President) of the
Atlantic area in 1983;
✓ President of the St. Patrick's Society of
Saint John in 1999;
✓ long -time member and Secretary of
Carleton Union Lodge #8, Free and
Accepted Masons, and was Junior Grand
Warden of the Grand Lodge of New
Brunswick;
✓ Imperial Theatre Foundation;
✓ Toastmasters;
✓ the Saint John Co -op Store;
✓ St. Mark's United Church; and
✓ is currently active on the cruise ship "Meet
and Greet" committee.
Earl is married, and has seven children, five of
whom live in the local area and two in
Vancouver, British Columbia. He spends
every spare summer moment in his garden and
enjoys the winter on the ice at the Carleton
Curling Club.
Earl, qui est originaire de Saint John, est
demeure ici toute sa vie. Il a obtenu son
dipl6me de la Saint John Vocational School en
1947 et a passe la majeure partie de ses anndes
de travail au sein de Findustrie financi6re. Earl
a pris sa retraite en 2003 aprds 35 ans de
service avec la Canada Life.
Earl oeuvre depuis longtemps pour le public a
Saint John, notamment :
✓ comme membre d'United Commercial
Travellers of America depuis 1961, ou it a
deja 6t6 grand conseiller (president) de la
region de 1'Atlantique en 1983;
✓ president de ]a St. Patrick's Society de Saint
John en 1999;
✓ membre de longue date et secretaire du
temple n° 8 Carleton Union, Free and
Accepted Masons, et grand chef junior du
Grand temple du Nouveau - Brunswick;
✓ membre de la Fondation de l'Imperial
Theatre;
✓ membre de Toastmasters;
✓ membre de la cooperative de Saint John;
✓ membre de 1'Eglise Unie de St. Mark;
✓ membre actuellement actif du comit6
<< d'accueil >> des navires de croisi6re.
Earl est marid et a sept enfants, parmi lesquels
cinq habitent ]a region et deux, Vancouver,
Colombie - Britannique. Il passe taus ses
moments libres de 1'et6 dans son jardin et passe
1'hiver sur ]a glace au club de curling de
Carleton.
Report By Governance System Citizens Committee 16
FORMAT OF HEARINGS
Governance System Citizens Committee
Comite civique de revision du regime de guvernance
Schedule of Meeting Dates /Calendrier des dates des reunions :
All Meetings . 7:00 — 9:00 p.m.
Are: . Smoke Free
• Wheelchair
Accessible
** Simultaneous interpretation services can
be made available as required — please
advise prior to the meeting date by
calling (506) 658 -2862.
East Locations/Endroits dens 1'Est :
Toutes les . 19 h a 21 h
reunions se . Salle sans fumde,
tiennent de : . accessible en fauteuil
roulant
** Des services d'interprdtation simultande
peuvent titre fournis sur demande. —
Veuillez soumettre votre demande
avant la date de la reunion au (506)
658 -2862.
September 7
Loch Lomond Community Centre/Centre communautaire Loch Lomond
September 9
St. Joachim's Church/ FEglise St.- Joachim's — ch. Loch Lomond Rd.
September 16
Red Head United Church/1'Eglise Unie de Red Head
North Locations/Endroits dans le Nord:
September 21
Millidgeville Community Centre /Centre communautaire de Millidgeville —
September 30
ay. Daniel Ave.
September 23
Portland Legion Branch #64 /Filiale no 64 de la Legion de Portland —
October 21
boul. MacLaren Blvd.
South Locations/Endroits dans le Sud :
September 28
Trinity Church Hall/Salle paroissiale Trinity - 115, rue Charlotte St.
September 30
Boys and Girls Club /Club gargons et filles — rue Paul Harris St.
West Locations/Endroits dans 1'Ouest :
October 6
St. Mark's United Church/1'Eglise Unie de St.- Mark's - Greendale
October 12
Lorneville Community Centre /Centre communautaire de Lorneville
October 14
Masonic Hall/Temple maronnique, 270, rue Charlotte Ouest /Charlotte St.W
October 21
Morna Heights School /1'Ecole Morna Heights
Report By Governance System Citizens Committee
SAINT JOHN
CITY OF SAINT JOHN
GOVERNANCE SYSTEM CITIZENS' COMMITTEE
The City of Saint John has formed a committee to seek public input on the
advantages and disadvantages of the current at -large system of municipal
elections, switching to a ward system, or implementing a combination of the
two. This document has been prepared so we all have a common
understanding of the words and facts used to describe the systems for municipal
election.
City government is local government. It is expected to be very responsive to
local views and concerns. How these views and concerns are expressed to city
government, and then turned into services and policies that reflect community
interests, is at the heart of the debate about election systems and methods.]
At- large: All eligible voters in the City of Saint John choose who they want on
Common Council, from the entire list of candidates running for office. The top
ten vote - getters are elected to the ten seats available on Council. Elected
Councillors represent the entire City in Council.
Wards: The City is divided into smaller voting areas or wards. Voters then vote
only for those candidates who are running for office in the ward in which the
voter lives. Elected Councillors each represent that particular ward in Council.
Ward options include one councillor for each ward - or fewer wards with two or
more councillors in each.
Mixed Ward /At- large: The City is divided into a limited number of smaller voting
areas or wards - which are represented by Councillors elected from those wards
- and a designated number of Councillors are also elected from a list of at -large
candidates to represent the entire City. The mixed system is used in many cities
throughout the US, and while it is not found in major cities in Canada, it is used in
nine communities in New Brunswick.
In a system of election based on wards, the number of wards tends to be limited
by the number of members on Common Council as well as the number of
councillors per ward. Excluding the three cities with exceptionally large councils
(Montreal, Toronto and Quebec) the average council size for most cities in
Canada is ten members.ii In New Brunswick, smaller towns and villages may
have as few as three or four councillors. In any case, the number of voters per
ward in Saint John will clearly be much less than the 20- 30,000 that is typical of
medium and large cities across Canada. Ward boundaries are generally
established to account for neighbourhoods, history, geographic factors
(transportation; natural boundaries), and population trends. There is also a
Report By Governance System Citizens Committee 18
tendency to try and balance the number of voters between wards. Ward
bouhdaries are not being proposed as part of this exercise. If a system of
election which includes wards is adopted, a ward boundary consultation
process will occur at that time.
While not directly related to systems of election, Common Council is also aware
that there are many interests not defined by Ip ace. These are 'communities of
interest', and are independent of geography. People often live in one location,
work in another, and participate in recreation, worship services or volunteer
activities in yet another location. A group of residents with an interest in a soccer
complex - for example - are likely to live throughout the City. These communities of
interest require ongoing processes of consultation - outside the system of election -
if they are to be heard.
Both the ward and at -large systems of election are said to have advantages
and disadvantages.iii In many cases, it is not so easy to separate the impact of
the system of election from the endless other influences on municipal affairs. In
either system, the mayor is typically elected at -large and independently from
the rest of Council.
Wards:
- voters are more familiar with the candidates;
- candidates are more aware of the needs of their constituents;
- ward - specific issues are emphasized;
- all areas of the City are represented on Common Council;
- lower campaign costs, so candidates are not limited by resources;
- voter turn -out tends to be greater;
- spending, debt and taxes tend to be higheriv;
- ward elections produce a shorter ballot;
- increased accountability - constituents know `their' councillor.
At- Large:
- fosters a City -wide and long- term /future view of issues;
- unifies City around common purpose and priorities;
- Councillors have support throughout the City;
- system is administratively simple, and easy for voters to understand;
- may under - represent minorities or socio- economic categories;
- Council acts and is accountable as a group;
- Voter ballot may be extremely long (50 councillor candidates in 2004
election);
- Councillors may be elected by less than a majority of voters (less than 50 %.)
Report By Governance System Citizens Committee 19
The size, population and nature of the City of Saint John changed in 1967 when
the then City of Saint John was amalgamated with the City of Lancaster and
the Parish of Simonds. As Canada's oldest city, Saint John has a long history of
municipal elections, however for more than thirty years prior to amalgamation in
1967, the City was not divided into wards.
Following the 1967 amalgamation, the city was divided into three wards:
Carleton - Lancaster, Parrtown - Portland, and Simonds. Three councillors were
elected from Carleton- Lancaster, six councillors from Parrtown- Portland, -and
three councillors from Simonds - for a total of twelve councillors from wards. The
mayor was elected at- large. Reports indicate that election by ward and the
larger size Council were accepted at the time to "ease the impact of imposed
amalgamation."
Intending to improve the electoral system, the first amalgamated Council
recommended a reduction of Council members to eight, although the
recommendation was not acted upon at the time. In 1976, Common Council
established a citizens' committee composed of former mayors to report to
"Common Council with a recommendation regarding the number of members
of Council ". The recommendation of the committee was that Common Council
should consist of eight councillors and a mayor all elected at large, The
recommendation was implemented in 1979 based on ten councillors and the
mayor elected at large. The committee made a number of observations which
formed the basis for their recommendation; these apply equally well today:
• "The objective of Council should be to establish policy with respect to City
matters and ensure that the administration of such policy is conducted in an
effective and efficient manner.
■
It is a desirable objective to create a Council which will facilitate persons offering
for public service without undue hardship to their livelihood.
• The efficiency of Council is to a degree reflected in the size. The history of the City
has been the larger the Council the greater the tendency to work through
Council Committees, and the greater the use of Council committees the greater
the danger of Council dealing with administration and not policy.
■ We believe in the basic concept of the Council / manager system. On this basis
the Council should be that size which will have the best chance of implementing
the concept. At the same time we feel that there should be reasonable
opportunity to interested citizens to give service.
■ The smaller the Council the greater the tendency to fulfill more of Council duties
by Council session in public."
Report By Governance System Citizens Committee 20
During the most recent municipal elections (2004) 44 of the 103 villages, towns
and cities in New Brunswick used an 'at large' system of electing councillors,
nine used a combined ward and at large system, and six used a ward system.
The City of Fredericton and the City of Edmundston use a ward system.
Miramichi, Dieppe, Riverview and the City of Moncton use a combined ward
and at large system. The Cities of Saint John, Bathurst and Campbellton use an
at large system.
Voter turnout is often cited as an indication of the health of our democracy,
and as an indication of satisfaction with the political process. Voter turnout is
calculated as a percentage of electors on the voters list who marked a ballot
during an election. Declining voter turnout is seen by some as a part of a
`Democratic deficit'. In a representative democracy, people elect their
representatives and delegate to them decision - making powers. The higher the
voter turnout, the more legitimacy the government and representatives have
because they received a mandate from a larger part of the population.vi One
generally accepted standard for adequate voter turnout is 50 %.ail
Canadian experience indicates that voter turnout is greater in small
communities, in cities with a ward system of election, and in elections with
notable issues. Surprisingly however, voter turnout in Saint John (52 %) is
consistently greater than Fredericton (31 %) ...which is a smaller city with a ward
system of election.viii In a study of municipal issues and accountability, Saint John
ranked third of eleven Canadian cities surveyed, in terms of voter turnout.ix In
contrast, Victoria - a city of comparable size and with an at -large system of
election - had the lowest voter turnout, at 31 %.
The rules for counting votes and determining the winning candidate also govern
how well a system of election represents the community. The current approach
is known as a plurality system or `first past the post'. The candidate with the most
votes wins. This may not necessarily be a majority of all voters or all votes (e.g.;
not 50% of the vote.)
The alternative is a system that provides for proportional representation. The
main feature of proportional representation is that seats are won in proportion to
votes cast. If a political party receives 30% of all votes, it wins 30% of the seats.
This can work well in federal or state elections, or in municipal elections where
they are political parties (such as COPE and NPA in Vancouver,) Saint John does
Report By Governance System Citizens Committee 21
not have municipal political parties. A version of proportional representation,
called `single transferable vote' (STV) can be applied to municipal at -large or
ward elections (two or more councillors per ward) without political parties. Under
STV, voters in multi - councillor wards (or elected councillors at- large) rank all
candidates in order of preference. Candidates that reach a required threshold
are declared elected. Candidates receiving the least votes are eliminated.
Second and subsequent votes on each ballot are then applied to the remaining
candidates to identify the next one to satisfy the threshold and be elected. The
calculation process is repeated until all councillor positions are filled. While there
is historical experience with the single transferable vote form of proportional
representation, there presently are no Canadian governmental bodies elected
by STV. Cambridge MA is the only US city that currently uses single transferable
vote.
'City of Vancouver. (1996). Election Systems and Municipal Government. Retrieved August 26, 2004 from
ha: // city. vancouver.bc.ca /etyclerk/election systems/contents htnil
Tennant, P. & West, J. (n.d.). How large should Vancouver be? Nanaimo, BC: Malaspina University- College.
Tindal, C.R., & Tindal, N. (1990). Local Government in Canada. Toronto, ON: McGraw -Hill Ryerson
Southwick, L. (1997). Local government spending and at -large versus district representation; do wards work.
Economics and Politics 9(2), 173 -203.
Office of the Chief Electoral Officer. (2004). 2004 Positions by municipality. Retrieved August 26, 2004 from
hgR://www.enb.ca/elections/04mun/04muninfo-e.asl2
" New Brunswick Commission on Legislative Democracy. (n.d.). Facts on voter turnout. Retrieved August 26, 2004
fromft://www.gnb.ca/0IOO/Doc/fact3tumoutiq.df
"" Smith, P.., & Stewart, K. (1998). Making local accountability work in British Columbia. Burnaby, BC: Institute of
Governance Studies, Simon Fraser University.
""' Toronto Community Foundation. (2001). Municipal voter turnout. Vital signs 2001. Retrieved August 26, 2004
from htty:b/www.tcfca/vital sig ns /vitalsisnts2001 /18_learning_1 toronto votingpdf
'x Anselmo, C., Irwin, J. & Leclair, S. (n.d.). Municipal council questionnaire survey (Student Research Report No.
2). Sudbury, ON: Laurentian University, Centre for Local Government
t3AM: 2004 Report By Govemance System Citizens Committee 22
r
nAn
RESOLVED that the following question be submitted to the
Municipal Electoral officer, to be included in a
plebiscite during the municipal election May 11, 1998:
"Do you want the City to be divided into four wards of
approximately equal population with two councillors to be
elected by the voters of that ward, and two councillors
to be elected at large ?."
DOCUMENT
REspEcTiNGA
PLEBISCITE ON
WARDS
This Document prepared
pursuant to Section 46(11)(a)
of the Municipal Elections Act
City of Saint John
April 1998
ra�,
DOCUMENT RESPECTING A PLEBISCITE ON WARDS
INTRODUCTION
On April 22, 1997, the Munster of Municipalities, Culture and Housing announced
municipal restructuring for the greater Saint John area. The Minister stated that the
eight suburban communities will be streamlined by creating three new towns. The
Minister also stated that the Department of Municipalities, Culture and Housing will
work with Saint John to implement a ward system for the city. Common Council
met with the Minister to discuss their concerns and both parties have agreed that
Common Council should take steps to place a question respecting municipal
election by ward on the ballot of the next triennial election, May 11, 1998.
THE QUESTION
The question that is the subject of the plebiscite is:
"Do you want the City to be divided into four wards of approximately
equal population with two councillors to be elected by the voters of
that ward, and two councillors to be elected at large? "
THE PROJECTED COST
The only incremental costs (that is, cost which would not be incurred under the
present `at large' system) are costs associated with setting out ward boundaries. T}}e
question directs that the City be divided into four wards of approximately equal
population. Assuming that the 1996 Census offers an adequate representation of thc;
present population distribution, the only costs incurred in implementing the question
should be staff time in analysing options for division into four equal - population
wards. Existing staff will be used to perform this analysis.
OTHER BACKGROUND INFORMATION
In examining the issue of elections by ward, Common Council has considered the
following additional information:
a Brief prepared by staff, comparing the ward and at large systems of
election, and the municipal election experience in Saint John (Briefing
Paper on Proposed System of Election by Ward);
- the input received from a series of 4 public meetings throughout the City,
for the public to express their opinions on systems of municipal elections;
- a Report outlining assumptions and explaining the criteria for conducting a
plebiscite on changing from an at large system of municipal elections to a
system of elections by ward (M do C - 97 - 404);
- if 60% or more of those who choose to vote on the plebiscite question
vote yes, the Municipal Elections Act requires that Common Council
implement the proposed four ward system;
- a specific bylaw will be required setting out the boundaries of the four
wards;
- the Municipal Elections Act requires that a candidate must be a resident
of the ward at the time of nomination for that ward;
- the plebiscite question specifies that the two councillors to be elected in
each ward will be elected by those voters in that ward only;
- the plebiscite question also specifies that all voters will also elect two
councillors at large;
- the Mayor will continue to be elected at large (i.e.; by all voters);
- Common Council will consist of ten councillors, and a mayor elected at
large.
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1. INTRODUCTION
On April 22, 1997, the Minister of Municipalities, 'Culture and Housing
announced municipal restructuring for the greater Saint John area. The Minister
has stated that the eight suburban communities will be streamlined by creating
three new towns. Three regional service commissions will be created with
participation by the City of Saint John and the three towns. There will be a
Major Facilities Commission, an Economic Development Commission, and a
District Planning Commission.
The Minister also stated that the Department of Municipalities will work with
Saint John to implement a ward system for the city. The Minister is quoted as
saying "It is important for all areas of the City of Saint John to have fair
representation. A ward system will ensure this happens."" While we can debate
the merits of wards versus the present `at large' system of election, there is
agreement that representation is important. If a different system of election will
create better representation and better government, we must consider it. The
purpose of this Briefing Paper is to describe the local context, to examine the
ward and `at large' systems of electing municipal government, and to determine
if a ward system in Saint John would provide better representation and better
local government.
2. LOCAL CONTEXT
Amalgamation in 1967 of the then City of Saint John with the City of Lancaster
and the Parish of Simonds, sets the baseline for comparison of representation
and systems of election. As Canada's oldest city, Saint John has a long history
of municipal elections, however for more than thirty years prior to
amalgamation in 1967, the City was not divided into wards. The 1967
amalgamation significantly changed the size, population and nature of the City,
and renders comparison with earlier practices less than meaningful.
Following the 1967 amalgamation, the city was divided into three wards:
Carleton- Lancaster, Parrtown - Portland, and Simonds (see map, following
page). Three councillors were elected from Carleton - Lancaster, six councillors
from Parrtown - Portland, and three councillors from Simonds. Reports indicate
that election by ward and the relatively large size of council (at twelve
councillors) were accepted at the time to "ease the impact of imposed
amalgamation."'
Briefing Paper: Elections by Ward
Page 1
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Councils subsequent to amalgamation sought to improve the electoral system.
The first amalgamated Council recommended a reduction of Council members
to eight, although the recommendation was not acted upon at the time. In 1976
Common Council established a citizens' committee composed of former
mayors to report to "Common Council with a recommendation regarding the
number of members of Council plus the stipend that the Council in the future
would receive." The recommendation of the committee was that Common
Council should consist of eight councillors and a mayor elected at large. The
recommendation was implemented in 1979 based on ten councillors and the
mayor elected at large. The committee made a number of observations which
formed the basis for their recommendation; these observations apply equally
well today:
"The objective of Council should be to establish policy with respect to City matters
and ensure that the administration of such policy is conducted in an effective and
efficient manner.
It is a desirable objective to create a Council which will facilitate persons offering for
public service Without undue hardship to their livelihood.
The efficiency of Council is to a degree reflected in the size. The history of the City
has been the larger the Council the greater the tendency to work through Council
Committees, and the greater the use of Council committees the greater the danger of
Council dealing with administration and not policy.
We believe in the basic concept of the Council / manager system. On this basis the
Council should be that size which will have the best chance of implementing the
concept. At the same time we feel that there should be reasonable opportunity to
interested citizens to give service.
The smaller the Council the greater the tendency to fulfill more of Council duties by
Council session in public."
The committee report did not address the issue of geographic distribution of the
representation created by electing councillors at large; they appeared content to
allow voter preference to balance councillor distribution. The experience over
the past thirty years of municipal elections in Saint John seems to have
validated the committee's confidence in voter selection. The DISTRIBUTION OF
COUNCILLORS map (following page) illustrates the distribution, by place of
residence, of all councillors elected between 1967 and 1997. Analysis of the
map indicates: 1) that councillors were well distributed throughout the
populated areas of the City; 2) that there is a reasonable balance between
Briefing Paper. Elections by Ward
Page 2
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D a E E E
stability of council based on councillors being re- elected (the large dots) and
voter selection based on incumbent councillors not being returned (the smaller
dots); and 3) that within the context of reasonable broader distribution
throughout the City, there appears to be very localized clustering (as in the
current case of two neighbouring councillors from the same street). These
findings warrant further discussion.
At first glance the DISTRIBUTION OF COUNCILLORS map seems to indicate that
the distribution is `grouped' about the centre third of the map. However, when
compared against the POPULATION DISTRIBUTION map (following page) it is
clear that the distribution of councillors fairly reflects the distribution of
population. The basis for selection in a representative democracy is the
population served, not the unpopulated areas which may also be included in the
jurisdiction. Note that the POPULATION DISTRIBUTION map is a graphical
representation based on enumeration area boundaries; it reflects the population
density and distribution, but not the precise location of each person.
It is desirable to have a balance between stability on council, and turnover of
councillors. Stability on council allows policy setting and decision- making
based on experience, and it encourages future goal oriented thinking which
spans more than one election period. Turnover of councillors (incumbent
councillors not being returned) indicates that voters are exercising their
franchise by holding their elected representative accountable for local
government. Experience over the last thirty years in Saint John shows a balance
of single term and multiple term councillors.
One of the criticisms of elections by ward is that it may exclude all but a limited
number (often one) of the best candidates from any single ward. The 1976
committee noted an example of a candidate failing to be elected in one ward,
yet polling considerably more votes than an elected candidate in another City
ward (Tindal cites a similar example'). Clearly that is not the case in an `at
Iarge' system of municipal elections. The fact that there is a number of
instances of very localized clustering of councillors over the past thirty years
(although not necessarily during the same term) shows that voters are prepared
to elect capable candidates wherever they are found.
Briefing Paper. Elections by Ward
Page 3
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3. PROVINCIAL CONTEXT
During the most recent municipal elections (1995) 94 of the 112 municipalities
in New Brunswick used an `at large' system of electing councillors, nine used a
combined ward and at large system, and nine used strictly a ward system. The
City of Fredericton and the City of Edmundston use a ward system. The City of
Moncton, and the City of Campbellton use a combined ward and at large
system. The City of Saint John and the City of Bathurst use an at large systems.
Voter turnout is often cited as a measure of voter satisfaction with the system of
election, and how well it addresses concerns of accountability and
representation. When voters feel their vote does not make a difference, they
tend not to vote. The following table illustrates voter turnout during the past
four municipal elections'.
Analysis of the table indicates: 1) that the smaller cities (and other small
municipalities) tend to have a higher voter turnout; 2) that in general, voter
turnout has been declining for all municipalities over the past ten years; 3) that
Saint John has (with the exception of Moncton in 1992) consistently had the
highest voter turnout of the three major New Brunswick cities; and 4) that use
of an `at large' system of elections in Saint John does not appear to have
diminished voter turnout. By this measure, we can conclude that voters in Saint
John are satisfied with the system of election, and how well it addresses
concerns of accountability and representation.
Briefing Paper. Elections by Ward
Page 4
# of voters,
1995
747.88-%.750. 992 1989 1986
Saint John
49,127
SO%
57.50%
53.60%
Moncton
38,783
41.23%
52.80%
50.400/9
36.00%
Fredericton
29,563
15.06%
43.5011/9
41.00%
47.700/c
Bathurst
9,180
69.75%
66.70%
61.50%
58.45%
Campbellton
6,005
71.17%
74.70%
63.00%
69.18%
Edmundston
8,323
73.87 °l0
70.60%
75.00%
72.63%
44.85%
54.101/10
59.70%
63.50%
Analysis of the table indicates: 1) that the smaller cities (and other small
municipalities) tend to have a higher voter turnout; 2) that in general, voter
turnout has been declining for all municipalities over the past ten years; 3) that
Saint John has (with the exception of Moncton in 1992) consistently had the
highest voter turnout of the three major New Brunswick cities; and 4) that use
of an `at large' system of elections in Saint John does not appear to have
diminished voter turnout. By this measure, we can conclude that voters in Saint
John are satisfied with the system of election, and how well it addresses
concerns of accountability and representation.
Briefing Paper. Elections by Ward
Page 4
-4. WARDS vs. AT LARGE
Both the ward and `at large' systems of election are said to have advantages
and disadvantages. Tindal' notes that supporters of the ward system argue that
voters are much more likely to be familiar with the limited range of candidates
from whom they must chose, and the candidates will be more aware of the
particular needs of their constituents. They also contend that ward elections
ensure that all areas of the municipality will be represented on council, that they
mean less expensive campaign costs, and that they bring a higher voter turnout.
Tindal states that those supporting the `at large' system of election claim that
ward elections tend to emphasize and perpetuate differences and divisions
within the municipality. They argue that a ward council is very parochial in
outlook, with each councillor catering strictly to the interests of the
constituency where they must seek re- election, rather than being concerned
about the good of the whole municipality. They also contend that some
representatives get elected on a ward basis who would not have been chosen if
they were running over the entire municipality. Elections `at large' are therefore
felt to result in stronger, better qualified candidates, since they must have
support throughout the municipality. And finally, proponents of the `at large'
system claim that it results in a council more capable of taking a broad view of
the overall needs of the municipality.
Tindal asserts that election by ward becomes inevitable in large cities, so that
the citizen will have some prospect of knowing the candidates, and so election
campaign costs and time commitments will not be burdensome. At the same
time, he notes that elections in Vancouver (population .$ million) are conducted
at large.
The actual `design' of wards may be problematic. In an effort to reduce the
tendency to reflect a narrow (often socially and demographically homogeneous)
set of interests, wards have been designed as long narrow strips spanning the
entire city (Toronto, until 1969), as `pie shaped' wedges radiating from the city
centre through the suburbs (Winnipeg, 1960s), and as `mega blocks' capturing
one third of the city (Saint John, 1970s).
Sriering Paper. Elections by Ward
Page 5
The difficulty of designing wards in Saint John is illustrated in the DmsloN By
WARDS map (following page). In order to maintain a manageable council size
(ten councillors by ward, mayor at large), each ward would need to average
7,500 persons. Ward sizes could not range beyond 6,500 -8,500 without
abandoning proportional representation. The consequence of wards this
population size is that the very areas which may be seeking more targeted
representation (eg., Lorneville, Acamac, Red Head, Golden Grove) would be
included in other more populated neighbouring areas. These wards would
define areas which, in all likelihood, will result in the same councillor
distribution patterns we have experienced over the past thirty years. Given
Tindal's caution about the parochial nature of wards, we would be receiving the
same representation but poorer governance.
5. CONCLUSION
There is no evidence that election by ward in Saint John would improve
representation, accountability, or the nature of governance over the present
practice of election `at large'. For various reasons, we already realize many of
the advantages of a ward system of election. There are indications that
imposing a ward system of election may result in lower voter turnout, parochial
governance, no change in councillor distribution or representation, and elected
representatives which are neither stronger or better qualified than the current
practice. In short, we will inherit the disadvantages of the ward system, without
a corresponding improvement in the benefits we are already realizing through
the `at large' system.
BAM:
Briermg Paper. Elections by Ward
Page 6
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Endnotes:
1. Media Release, Department of Municipalities, Cullum and Housing, Province of New Brunswick; April 22.
1997
2. RM= by .hCommittee :••• o• tg Make Recommendations on Ibc S ■ i< ■ i7lf . }' ••• •..
MUZ and of CoAmcil; City of ■ ••nFebruary
3. Ibid. pp. 3-4
4. Tindal, C.R and Tindal, S. Nobes Local Government in ada (McGraw -Hill Ryerson Ltd, 1994) p. 185
5. RZZg_q of the Municipal Electoral Officer on the Triennial Municipal and Sch 1 Board Elections. —May I
1925 Office of the Municipal Electoral Officer-, Province of New Bnmswick, pp. 15-18
b, Triennial Municipal and School Board Elections. May 12, 1986; Report of the Municipal Electoral Officer,
Province of New Brunswick
e MuxxiciRal Elwtorfil The Triennial MuniciRal and kbool Board Elections. a 8
.1989; Office of the Municipal Electoral Officer, Province of New Brunswick
Rg2ml of the 'c' al Electoral officcrom tho Trimnial Mugicil2al and School Board Elections. May 11
im; Office of the Municipal Electoral Officer, Province of New Brunswick
geoort of the M iciDal Electoral Officer on the Trienni al Municipal and School Board Elections MAY 8
1225, Office of the Municipal Electoral Officer, Province of New Brunswick
7. Tindal, p. 185-6
Briefing Paper. Elections by Ward
Page 7
Appendix A: City of Saint John Councillors 1967 -1997
<.>
Joseph A. MacDougall
20 Queens Square S
1967 -69
Mayor
Arthur L. Gould
33 Deveber Terrace
1967 -69
Councillor
Andrew G. Watt
107 Carmarthen Street
1967 --69
Councillor
John Alliston
80 Westfield Road
1967 -69
Councillor
James O'Brien
127 Douglas Avenue
1967 -69
Councillor
Robert L. Duplisea
18 Wilton Street
1967 -69
Councillor
Edna MacGowan
427 Russell Hill Road
1967 -69
Councillor
William K. Craig
60 Queen Street
1967 -69
Councillor
William J. Woodroffe
41 Lakeview Drive
1967 -69
Councillor
Hugh P. Whalen
48 Grant Crescent
1967 -69
Councillor
Fred Cave
245 Bayside Drive
1967 -69
Councillor
Louis E. Murphy
134 Milford Road
1967 -69
Councillor
W. Gerald Hanley
66 Coburg Street
1967 -69
Councillor
H. Avard Loomer
86 Mount Pleasant Avenue
1969-
Mayor
Edna MacGowan
427 Russell Hill Road
1969 -71
Councillor
Thomas J. Higgins
80 Daniel Avenue
1969 -71
lCouncillor
Samuel Davis
16 Sixth Street
1969 -71
Councillor
Robert Lockhart
118 Rosedale Crescent
1969 -71
Councillor
Hartley G. Green
11527 Summer Street W
1969 -71
lCouncillor
Arthur L. Gould
133 Deveber Terrace
1969 -71
ICouncillor
Fred Cave
1245 Bayside Drive
11969 -71
ICouncillor
Louis E. Murphy
1134 Milford Road
1969 -71
lCouncillor
Robert L. Duplisea
118 Wilton Street
1969 -71
lCouncillor
A. P. Gregory
26 Seely Street
1969 -71
lCouncillor
Hugh P. Whalen
48 Grant Crescent
1969 -71
lCouncillor
William K. Craig
60 Queen Street
1969 -71
lCouncillor
James E. Calvin
1180 Valleyview Crescent
' 1969-
IMayor
Robert A. Lockhart
118 Rosedale Crescent
1971 -74
1Mayor
Edna M. MacGowen
427 Russell Hill Road
1971 -74
Councillor
Hartley G. Green
527 Summer Street W
1971 -74
Councillor
Louis E. Murphy
134 Milford Road
1971 -74
lCouncillor
Arthur L. Gould
33 Deveber Terrace
1971 -74
lCouncillor
Thomas J. Higgins
80 Daniel Avenue
11971 -74
lCouncillor
Donald D. Patterson
1122 Carmarthen Street
11971- Councillor
Albert A. Vincent
78 Mountain Road
1971 -74
Councillor
Samuel Davis
16 Sixth Street
1971 -74
Councillor
Eric J. Kipping
52 Meadowbank Avenue
1971 -74
Councillor
Gerald S. Merrithew
3 Kennington Street
1971-
Councillor
Fred Cave
245 Bayside Drive
1971 -74
Councillor
Ralph M. Black
1700 Loch Lomond Road
1971 -74
Councillor
Melvin A. Vincent
14 Dorthea Drive
1973 -74
Councillor
Joan D. Parfitt
118 Orange Street
1973 -74
Councillor
Edis A. Flewwelling
263 Manchester Avenue
1974 -77
Mayor
Melvin A. Vincent
36 Wildwood Street
1974 -77
Councillor
Albert A. Vincent
78 Mountain Road
1974 -77
lCouncillor
Frederick D. Hodges
88 Duke Street West
1974 -77
lCouncillor
Kenneth R. Gould
38 Somerset Street
1974.77
Councillor
Thomas J. Higgins
80 Daniel Avenue
1974 -77
Councillor
Samuel Davis
16 Sixth Street
1974 -77
Councillor
Edna M. MacGowen
427 Russell Hill Road
1974 -77
ICouncillor
Eric J. Kipping
52 Meadowbank Avenue
1974 -77
j ouncillor
Leo P. Pye
20 Kiwanis Court
1974 -77
!Councillor
Hartley G. Green
527 Summer Street W
1974 -77 !Councillor
Fred Cave
1245 Bayside Drive
1974 -77 !Councillor
Joan D. Parfitt
1118 Orange Street
1974 -77 !Councillor
Samuel Davis
116 Sixth Street
11977 -80 ;Mayor
Dennis R. Knibb
141 Ocean Court
;1977 -80 !Councillor
Leo P. Pye
120 Kiwanis Court
;1977 -80 Councillor
Melvin A. Vincent
136 Wildwood Street
11977 -80 ;Councillor
John D_ MacCallum
178 Elliot Row
1977 -80 (Councillor
Hartley G. Green
1527 Summer Street W
1977 -80 ;Councillor
G. Forbes Elliot
129 Maple Grove Terrace
1977 -80 touncillor
Albert A. Vincent
178 Mountain Road
1977 -80 !Councillor
Ralph L. Landers
220 Cranston Avenue
1977 -80 !Councillor
Kenneth R. Gould
38 Somerset Street
11977 -80 jCouncillor
Elsie E. Wayne
125 Holland Street
11977 -80 'Councillor
George T. Clark 110 Duncraggan Court
11977 -80 !Councillor
Louis E. Murphy 1134 Milford Road
11977 -80 IlCouncillor
Robert A. Lockhart 11005 Kennebecasis Drive
;1980 -83 Mayor
Elsie E. Wayne 125 Holland Street ;1980 -83 Councillor
Ralph L. Landers 1220 Cranston Avenue ' 1980 -83 Councillor
Dennis R. Knibb !951 Dever Road .1980 -83 Councillor
I . •.
Melvin A. Vincent
36 Wildwood Street
1980 -83
Councillor
G. Forbes Elliot
29 Maple Grove Terrace
1980 -83
Councillor
Charles J. Denton
22 Briar Place
1980 -83
Councillor
Hartley G. Green
527 Summer Street W
1980 -83
Councillor
Kenneth R. Gould
75 Duke Street
1980 -83
Councillor
Albert A. Vincent
78 Mountain Road
1980 -83
Councillor
John D. MacCullum
78 Elliot Row
1980 -83
Councillor
Elsie E. Wayne
25 Holland Street
1983 -86
Mayor
Samuel Davis
16 Sixth Street
1983 -86
Councillor
Edis A. Flewwelling
263 Manchester Avenue
1983 -86
Councillor
Kenneth R. Gould
75 Duke Street
1983 -86
Councillor
Dennis R. Knibb
951 Dever Road
1983 -86
Councillor
Peter Murray
899 Manawagonish Road
1983 -86
Councillor
Ralph D. Poley
331 Bay Crescent
1983 -86
Councillor
John Schermerhorn
1 Duncraggen Court
1983 -86
Councillor
Marlene A. Vaughan 125
Northumberland Avenue
1983 -86
Councillor
Albert A. Vincent
78 Mountain Road
1983 -86
Councillor
Melvin A. Vincent
36 Wildwood Street
1983 -86
Councillor
Elsie E. Wayne
25 Holland Street
1986 -89
Mayor
Arthur L. Gould
33 Deveber Terrace
1986 -89
Councillor
Edis A. Flewwelling
263 Manchester Avenue
1986 -89
lCouncillor
Samuel Davis
16 Sixth Street
1986 -89
lCouncillor
Dennis Knibb
1951 Dever Road
1986 -89
lCouncillor
J. A. MacDougall
X20 Queen Square
1986 -89
ICouncillor
Kathy E. Rogers
158 Collins Street
1986 -89
lCouncillor
John E. Schermerhorn
I 1 Duncraggen Court
1986 -89
Councillor
Marlene A. Vaughan
125 Northumberland Avenue
1986 -89
Councillor
Albert A. Vincent
178 Mountain Road
1986 -89
ICouncillor
Melvin A. Vincent
136 Wildwood Street
1986 -89
lCouricillor
Elsie E. Wayne
125 Holland Street
1989 -92
Mayor
Arthur L. Gould
133 Deveber Terrace
1989 -92
Councillor
P. Joseph Couglan
1331 Dufferin Row
1989 -92
CCounciIlor
Samuel Davis
16 Sixth Street .
1989 -92
lCouncillor
Hugh E. Fitzpatrick
36 Mecklenburg Street
1989 -92
lCouncillor
Edis A. Flewwelling
263 Manchester Avenue
1989 -92
Councillor
Dennis Knibb
951 Dever Road
1989 -92
Councillor
Pat Landers
323 Douglas Avenue
1989 -92
ICounc illor
Kathy E. Rogers
X58 Collins Street
1989 -92 ICouncillor
r
Albert A. Vincent
78 Mountain Road
1989 -92
Councillor
Melvin A. Vincent
36 Wildwood Street
1989 -92
Councillor
Elsie E. Wayne
25 Holland Street
1992-
Mayor
Shirley McAlary
175 Kennebecasis Drive
1992 -95
Councillor
Derek Chase 1344
Maple Row
1992 -95
Councillor
P. Joseph Couglan
331 Dufferin Row
1992 -95
Councillor
Arthur L. Gould
33 Deveber Terrace
1992 -95
Councillor
Dennis Knibb
951 Dever Road
1992 -95
Councillor
Pat Landers
323 Douglas Avenue
1992 -95
Councillor
Kathy Rogers
58 Collins Street
1992 -95
Councillor
Peter Trites
19 Robar Court
1992 -95
Councillor
Albert A. Vincent
78 Mountain Road
1992 -95
Councillor
Melvin A. Vincent
36 Wildwood Street
1992 -95
Councillor
Thomas J. Higgins
80 Daniel Avenue
1994 -95
Mayor
Shirley McAlary
175 Kennebecasis Drive
1995 -98
Mayor
Derek Chase
344 Maple Row
1995 -98
Councillor
Shirley Arthurs
55 Smythe Street
1995 -98
Councillor
Walter Ball
2174 Sandy Point Road
1995 -98
Councillor
Sterling Brown
357 Maple Row
1995 -98
Councillor
Stephen Fitzpatrick
53 Honeysuckle Drive
1995 -98
lCouncillor
Arthur L. Gould
I33 Deveber Terrace
j 1995 -98
lCouncillor
Dennis Knibb
1951 Dever Road
1995 -98
lCouncillor
Peter Trites
119 Robar Court
1995 -98
lCouncillor
Melvin A. Vincent
136 Wildwood Street
1995 -98
lCouncillor
Christopher Waldschutz
1221 Germain Street
(1995 -98
(Councillor
92 -717
COMMON COUNCIL / CONSEIL COMMUNAL
MARCH 12, 2007 /1-E 12 MARS 2007
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — MARCH 12, 2007 - 6:00 P.M.
present
Michelle Hooton, Deputy Mayor
Councillors Chang, Chase, Court, Farren, Ferguson, McGuire,
Titus and White
- and -
P. Woods, Common Clerk and Deputy City Manager; J. Nugent,
City Solicitor; Greg Yeomans, Commissioner of Finance and
Treasurer; P. Groody, Commissioner of Municipal Operations;
J. Baird, Commissioner of Planning and Development; W.
Edwards, Commissioner of Buildings and Inspection Services;
B. Reid, Deputy Police Chief; K. Clifford, Deputy Fire Chief, and
E. Gormley, Assistant Common Clerk
SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN
TENUE A L'HOTEL DE VILLE, LE 12 MARS 2007 A 18 H
Sont presents :
Michelle Hooton, mairesse suppleante
Les conseillers Chang, Chase, Court, Farren, Ferguson,
McGuire, Titus et White
et
P. Woods, greffier communal et directeur general adjoint;
J. Nugent, avocat municipal; Greg Yeomans, commissaire aux
finances et tresorier; P. Groody, commissaire aux operations
municipales; J. Baird, commissaire a I'urbanisme et au
developpement; W. Edwards, commissaire aux services
d'inspection et des batiments; B. Reid, chef de police adjoint;
K. Clifford, chef adjoint du service d'incendie et E. Gormley,
greffiere communale adjointe.
Call To Order — Prayer
Deputy Mayor Hooton called the meeting to order and Reverend David
Warren offered the opening prayer.
Ouverture de la seance, suivie de la priere
La seance est ouverte par la mairesse suppleante Hooton et le pasteur
David Warren recite la priere d'ouverture.
2. Approval of Minutes
On motion of Councillor Titus
Seconded by Councillor Chang
RESOLVED that the minutes of the meeting of
Common Council, held on February 26, 2007, be approved.
Question being taken, the motion was carried.
2. Approbation du proces- verbal
Proposition du conseiller Titus
Appuyee par le conseiller Chang
RESOLU que le proces- verbal de la seance du
conseil communal tenue le 26 fevrier 2007 soit approuve.
A I'issue du vote, la proposition est adoptee.
92 -718
COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 12, 2007 /LE 12 MARS 2007
3. Approval of Agenda
On motion of Councillor Titus
Seconded by Councillor White
RESOLVED that the agenda of this meeting be
approved with the replacement of page number 3 as submitted to the agreement in 5.6,
Licence of City Shooting Range, and the words, "Recommendation in Report" added to
the title of item 5.6 listed on the agenda.
Question being taken, the motion was carried.
3. Adoption de I'ordre du jour
Proposition du conseiller Titus
Appuyee par le conseiller White
RESOLU que I'ordre du jour de la presente reunion
soit adopte moyennant le remplacement de la page 3 de la convention presentee sous
le point 5.6, Permis du champ de tir municipal, et I'ajout des termes « Recommandation
au rapport » au point 5.6 de I'ordre du jour.
A I'issue du vote, la proposition est adoptee.
4. Disclosures of Conflict of Interest
The City Solicitor advised that he had filed a disclosure of interest with the Clerk's office
as it relates to item 13.2, Committee of the Whole Report— Pension Funding
Agreements.
4. Divulgations de conflits d'interets
L'avocat municipal affirme avoir depose une divulgation de conflit d'interets au bureau
du greffier relativement au point 13.2 Rapport du Comite plenier — conventions de
financement du regime de retraite.
5. Consent Agenda
5.1 That the letter from the Seniors Resource Centre regarding the use of cell
phones in Council Chamber, be received for information.
5.2 That as recommended by the City Manager, pursuant to the Mobile Home Parks
By -law, Council permit a mini -home to be situated on the large property at 3396 Loch
Lomond Road for a temporary period of one (1) year.
5.3 That as recommended by the City Manager, the tender of Maritime Press, in the
amount of $37,394.55, plus tax, for the printing of one hundred thousand English and
fifteen thousand French versions of the Tourism Information Guide for the City of Saint
John be accepted.
5.4 That as recommended by the City Manager, the tenders, in the amount of
$46,233.13, plus tax, for the supply of traffic signal materials be awarded each bidder as
indicated on the submitted summary of bids.
5.5 That as recommended by the City Manager, the tender for the supply of
Premium /High Performance Traffic Paint be awarded to Laurentide Atlantic Ltd., as
indicated on the submitted summary of bids.
5.6 That as recommended by the City Manager, the City of Saint John grant a
license to The Rothesay Regional Joint Board of Police Commissioners to use that
portion of the property bearing PID numbers 00354712 and 00351049 currently used as
a firing range by the Saint John City Police, for the sole purpose of conducting official
training of members of the Rothesay Regional Police Force under the terms and
conditions contained in the submitted License Agreement, and further that the Mayor
and Common Clerk be authorized to execute the License.
92 -719
COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 12, 2007 /LE 12 MARS 2007
On motion of Councillor Titus
Seconded by Councillor White
RESOLVED that the recommendation set out for
each consent agenda item respectively, with the exception of item 5.7 Residential
Infrastructure Assistance #37 and #38, which has been identified for debate, be adopted.
Question being taken, the motion was carried.
5. Questions soumises a I'approbation du conseil
5.1 RESOLU que la lettre reque du Seniors' Resource Centre [centre de ressources
pour les afh6s] relative a ('utilisation de telephones cellulaires dans la salle du conseil
soit acceptee a titre informatif.
5.2 RESOLU que, comme le recommande le directeur general, le conseil communal
autorise le proprietaire d'une maison mobile, installee sur le vaste terrain situe au
3396, chemin Loch Lomond, a laisser ladite maison mobile sur place pour une periode
temporaire de un (1) an, en vertu de I'arrete sur les pares pour maisons mobiles.
5.3 RESOLU que, comme le recommande le directeur general, la soumission
presentee par Maritime Press, au montant de 37 394,55 $, taxes en sus, concernant
('impression de 100 000 exemplaires en langue anglaise et de 15 000 exemplaires en
langue frangaise du Guide de renseignements touristiques pour The City of Saint John,
soit acceptee.
5.4 RESOLU que, comme le recommande le directeur general, les soumissions au
montant de 46 233,13 $, taxes en sus, relatives a la fourniture de materiel pour feux de
signalisation, soient accordees a chaque soumissionnaire inscrit au sommaire des
soumissions presente.
5.5 RESOLU que, comme le recommande le directeur general, la soumission
relative a la peinture de signalisation routiere de haute qualite et de haute performance
soit accordee a Laurentide Atlantic Ltd., comme I'indique le resume des soumissions
presente.
5.6 RESOLU que, comme le recommande le directeur general, The City of Saint
John delivre un permis a The Rothesay Regional Joint Board of Police Commissioners
[bureau conjoint regional des commissaires de la police de Rothesay] relativement a une
parcelle de terrain inscrite sous les NID 00354712 et 00351049, utilisee a I'heure
actuelle comme champ de tir par le corps de police de Saint John, dans le seul but
d'offrir une formation off icielle aux membres du corps de police regional de Rothesay, en
vertu des modalites stipulees au contrat de licence presente, et que le maire et le
greffier soient autorises a signer ledit contrat.
Proposition du conseiller Titus
Appuyee par le conseiller White
RESOLU que la recommandation formulee
relativement a chacune des questions soumises a I'approbation du conseil, a 1'exclusion
du point 5.7, Demandes nos 37 et 38 visant le programme d'aide a ('infrastructure
residentielle, selectionnee aux fins de discussions, soit adoptee.
A I'issue du vote, la proposition est adoptee.
6. Members Comments
Council members commented on various community events.
6. Commentaires presentes par les membres
Les membres du conseil s'expriment sur diverses activites communautaires.
7. Proclamation
7. Proclamation
92 -720
COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 12, 2007 /LE 12 MARS 2007
10. Consideration of By -laws
10. Etude des arretes municipaux
11. Submissions by Council Members
11.1 Saint John Throughway — Lack of Lighting
On motion of Councillor Titus
Seconded by Councillor Ferguson
RESOLVED that Common Council request the
Provincial Department of Transportation to install lighting in the area of the MacKay
Highway Interchange as indicated on the submitted map.
Question being taken, the motion was carried.
11. Intervention des membres du conseil
11.1 Manque d'eclairage sur la voie rapide de Saint John
Proposition du conseiller Titus
Appuyee par le conseiller Ferguson
RESOLU que le conseil communal demande au
ministere des Transports provincial d'installer un systeme d'eclairage pres de
1'echangeur de la route MacKay, tel que I'illustre la carte presentee.
A I'issue du vote, la proposition est adoptee.
11.2 Moncton Multiplex Tour
On motion of Councillor Chang
Seconded by Councillor Chase
RESOLVED that Council members who wish to
tour Moncton's Multiplex facility and /or North Fredericton's facility contact the Recreation
Implementation Committee to coordinate a visit during the spring months.
Question being taken, the motion was carried.
11.2 Visite guidee de I'arena multiplex de Moncton
Proposition du conseiller Chang
Appuyee par le conseiller Chase
RESOLU que tout membre du conseil qui desire
visiter I'arena multiplex de Moncton ou ('installation de Fredericton nord communique
avec le Comite de mise en oeuvre des loisirs afin d'organiser une visite au cours du
printemps.
A I'issue du vote, la proposition est adoptee.
11.3 Concrete Barricade Re- directing Traffic on Prince William Street
On motion of Councillor Chang
Seconded by Councillor Titus
RESOLVED that the letter from Councillor Chang
with respect to the concrete barricade which re- directs traffic at the beginning of Prince
William Street, be received for information.
Mr. Groody updated Council on the barricade noting that it is a temporary measure. He
added that there will be discussions with business owners in the area next week which
he expects will lead to a decision being made on the barricade and traffic flow.
Question being taken, the motion was carried.
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11.3 Barricade en beton pour devier la circulation sur la rue Prince William
Proposition du conseiller Chang
Appuyee par le conseiller Titus
RESOLU que la lettre reque du conseiller Chang
relativement a la barricade de beton installee a 1'entree de la rue Prince William en vue
de devier la circulation soit acceptee a titre informatif.
M. Groody met a jour le conseil et indique que cette barricade n'est que temporaire. II
ajoute que des discussions sont prevues avec les proprietaires des commerces du
quartier la semaine prochaine, et it prevoit qu'une decision sera alors prise concernant la
barricade et la circulation.
A ('issue du vote, la proposition est adoptee.
11.4 City's Relationship to Exhibition Park Association
On motion of Councillor Chang
Seconded by Councillor Court
RESOLVED that the matter of the City's
relationship to Exhibition Park Association be referred to the City Manager and the City
Solicitor for a report including a teach -in on the association's constitution and by -laws,
and an explanation of outcomes if the association should cease.
Question being taken, the motion was carried.
11.4 Relations municipales avec I'Exhibition Park Association
Proposition du conseiller Chang
Appuyee par le conseiller Court
RESOLU que la question des relations municipales
avec I'Exhibition Park Association soit presentee au directeur general et a l'avocat
municipal aux fins de redaction d'un rapport et de presentation d'un seminaire ayant trait
a la constitution et aux reglements de I'association et expliquant les retombees possibles
de la dissolution eventuelle de I'association.
A ('issue du vote, la proposition est adoptee.
11.5 Condition of our Sidewalks
On motion of Councillor Court
Seconded by Councillor Farren
RESOLVED that the City Manager report back to
Council in the near future on what strategies exist or are needed to deal with the
problems of snow removal from sidewalks during the winter season, and the repairing
and upgrading of older infrastructure such as sidewalks, to include costing for additional
human resources and equipment if necessary, to enable Council to plan for the 2008
budget and to find out what can be done in 2007.
Question being taken, the motion was carried.
11.5 Etat des trottoirs
Proposition du conseiller Court
Appuyee par le conseiller Farren
RESOLU que le directeur general, dans un avenir
proche, fasse le compte rendu devant le conseil des strategies mises en place a 1'heure
actuelle, ou necessaires dans le futur, pour traiter le probleme de deneigement des
trottoirs pendant I'hiver ainsi que la reparation et la modernisation des infrastructures
vieillissantes, y compris les trottoirs, et que soient inclus les coots prevus pour
embaucher le personnel supplementaire et acquerir 1'equipement necessaire, s'il y a
lieu, afin de permettre au conseil de prevoir ces depenses au budget de 2008 et de
chercher une solution pour 2007.
A ('issue du vote, la proposition est adoptee.
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COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 12, 2007 /LE 12 MARS 2007
9. Public Hearings 7:00 P.M.
9.1(a) Proposed Zoning By -law Amendment — 141 Churchland Road
9.1(b) Planning Advisory Committee Report
The Common Clerk advised that the necessary advertising was completed with regard to
the proposed re- zoning of a parcel of land located at 141 Churchland Road, having an
area of approximately 3750 square metres, also identified as being PID Number
00433987, from "RS -1" One and Two Family Suburban Residential to "B -2" General
Business classification to permit an automotive repair garage with a residence as
requested by Randy P. Sanford, 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 March 6, 2007 meeting at
which the Committee decided to recommend approval as set out in the staff
recommendation, recommending that Common Council re -zone the above mentioned
parcel of land as indicated, with Section 39 conditions.
The Mayor called for members of the public to speak against the re- zoning with no one
presenting.
The Mayor called for members of the public to speak in favour of the re- zoning with no
one presenting.
On motion of Councillor Court
Seconded by Councillor White
RESOLVED that the by -law entitled, "A Law to
Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located
at 141 Churchland Road, having an area of approximately 3750 square metres, also
identified as being PID Number 00433987, from "RS -1" One and Two Family Suburban
Residential to "B -2" General Business classification, be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the by -law entitled, "A Law to Amend the Zoning By -law of The
City of Saint John ".
On motion of Councillor Court
Seconded by Councillor Farren
RESOLVED that the by -law entitled, "A Law to
Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located
at 141 Churchland Road, having an area of approximately 3750 square metres, also
identified as being PID Number 00433987, from "RS -1" One and Two Family Suburban
Residential to "B -2" General Business classification, be read a second time.
Question being taken, the motion was carried.
Read a second time by title, the by -law entitled, "A Law to Amend the Zoning By -law of
The City of Saint John ".
9. Audiences publiques a 19 h
9.1a) Projet de modification de I'arrete de zonage relatif au 141, chemin
Churchland
9.1b) Rapport du Comite consultatif d'urbanisme
Le greffier indique que les avis requis ont ete publies relativement au projet de
modification du zonage d'une parcelle de terrain situee au 141, chemin Churchland,
d'une superficie approximative de 3 750 metres carres et inscrite sous le NID 00433987,
pour faire passer la classification s'y rapportant de zone residentielle de banlieue —
habitations unifamiliales et bifamiliales « RS -1 » a zone commerciale generale « B -2 »
afin de permettre 1'exploitation d'un garage de reparation de vehicules automobiles et
une residence, a la demande de Randy P. Sanford, et qu'aucune objection ecrite n'a ete
regue a cet egard.
Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire
du rapport du personnel du service d'urbanisme, etudie lors de la reunion du
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COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 12, 2007 /LE 12 MARS 2007
6 mars 2007, a laquelle le comite a resolu de recommander I'approbation, telle qu'elle
est recommandee par le personnel du service d'urbanisme, voulant que le conseil
communal procede au rezonage de la parcelle de terrain susmentionnee, 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 le public a se prononcer en faveur du rezonage, mais personne ne prend
la parole.
Proposition du conseiller Court
Appuyee par le conseiller White
RESOLU que 1'arrete intitule « Arrete modifiant
1'arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de
terrain situee au 141, chemin Churchland, d'une superficie approximative de
3 750 metres carres et inscrite sous le NID 00433987, afin de faire passer la
classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales
et bifamiliales « RS -1 » a zone commerciale generale « B -2 », fasse ('objet d'une
premiere lecture.
A ('issue du vote, la proposition est adoptee.
Premiere lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The
City of Saint John ».
Proposition du conseiller Court
Appuyee par le conseiller Farren
RESOLU que 1'arrete intitule « Arrete modifiant
1'arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de
terrain situee au 141, chemin Churchland, d'une superficie approximative de
3 750 metres carres et inscrite sous le NID 00433987, afin de faire passer la
classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales
et bifamiliales « RS -1 » a zone commerciale generale « B -2 », fasse ('objet d'une
deuxieme lecture.
A ('issue du vote, la proposition est adoptee.
Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant 1'arrete de zonage de The
City of Saint John ».
9.2(a) Proposed Zoning By -law Amendment — 24 Simpson Drive
9.2(b) Planning Advisory Committee Report
The Common Clerk advised that the necessary advertising was completed with regard to
the proposed re- zoning of a parcel of land located at 24 Simpson Drive, having an area
of approximately 1700 square metres, also identified as being PID Number 55183941,
from "R -1 B" One Family Residential and "RS -2" One and Two Family Suburban
Residential to "B -1" Local Business classification to permit a barber shop or beauty
parlour.
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning Staff's report considered at its March 6, 2007 meeting at
which the Committee decided to recommend denial as set out in the staff
recommendation, recommending that Common Council deny re- zoning the above
mentioned parcel of land.
The Mayor called for members of the public to speak against the re- zoning with no one
presenting.
The Mayor called for members of the public to speak in favour of the re- zoning with no
one presenting.
On motion of Councillor Court
Seconded by Councillor White
RESOLVED that the application for zoning by -law
amendment of a parcel of land located at 24 Simpson Drive, having an area of
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COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 12, 2007 /LE 12 MARS 2007
approximately 1700 square metres, also identified as being PID Number 55183941, from
"R -1 B" One Family Residential and "RS -2" One and Two Family Suburban Residential to
"B -1" Local Business classification, be denied.
Question being taken, the motion was carried.
9.2a) Projet de modification de I'arrete de zonage relatif au 24, promenade
Simpson
9.2b) Rapport du Comite consultatif d'urbanisme
Le greffier communal affirme que les avis requis ont ete publies relativement au
rezonage propose d'une parcelle de terrain situee au 24, promenade Simpson, d'une
superficie approximative de 1 700 metres carres et inscrite sous le NID 55183941, afin
de faire passer la classification de zone residentielle - habitations unifamiliales « R -1 B »
et de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a
zone commerciale locale « B -1 », dans le but de permettre un salon de coiffures pour
hommes ou pour dames.
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 reunion du
6 mars 2007, a laquelle le comite recommandait le rejet de la proposition, telle qu'elle
est formulee dans la recommandation du personnel, voulant que le conseil communal
rejette la demande de rezonage de la parcelle de terrain susmentionnee.
Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la
parole.
Le maire invite le public a se prononcer en faveur du rezonage, mais personne ne prend
la parole.
Proposition du conseiller Court
Appuyee par le conseiller White
RESOLU que la demande de modification du
rezonage d'une parcelle de terrain situee au 24, promenade Simpson, d'une superficie
approximative de 1 700 metres carres et inscrite sous le NID 55183941, afin de faire
passer la classification de zone residentielle - habitations unifamiliales « R -1 B » et de
zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone
commerciale locale « B -1 », soit rejetee.
A ('issue du vote, la proposition est adoptee.
11.6 Need for New Municipal Legislation
On motion of Councillor Court
Seconded by Councillor White
RESOLVED that Council support the submitted
comments on the need for new municipal legislation and that they be submitted to the
Cities of New Brunswick Association, on behalf of the City of Saint John.
Question being taken, the motion was carried.
11.6 Besoins en matiere de nouvelle legislation municipale
Proposition du conseiller Court
Appuyee par le conseiller White
RESOLU que le conseil appuie les commentaires
presentes concernant les besoins en matiere de nouvelle legislation municipale et qu'ils
soient transmis a I'Association des cites du Nouveau - Brunswick, au nom de The City of
Saint John.
A ('issue du vote, la proposition est adoptee.
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COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 12, 2007 /LE 12 MARS 2007
11.7 Water Run Off at Braemar Drive
On motion of Councillor Ferguson
Seconded by Councillor Farren
RESOLVED that the matter of water run -off at 13
Braemar Drive be referred to the City Manager to find a solution.
Question being taken, the motion was carried.
11.7 Eaux de ruissellement sur la promenade Braemar
Proposition du conseiller Ferguson
Appuyee par le conseiller Farren
RESOLU que la question des eaux de
ruissellement au 13, promenade Braemar soit transmise au directeur general aux fins de
solution.
A ('issue du vote, la proposition est adoptee.
11.8 Intersection Concerns at Consumer Drive, Loch Lomond Road and
Mountain View Drive and McAllister Drive
On motion of Councillor Ferguson
Seconded by Councillor Titus
RESOLVED that the intersection concerns at
Consumer Drive, Loch Lomond Road and Mountain View Drive and McAllister Drive,
be referred to the City Manager to investigate the merit of traffic signals or systems that
could decrease the risk of traffic accidents and congestion in regards to the two
intersections named above.
Question being taken, the motion was carried.
11.8 Preoccupations relatives aux intersections des promenades Consumer,
Mountain View et McAllister et du chemin Loch Lomond
Proposition du conseiller Ferguson
Appuyee par le conseiller Titus
RESOLU que les preoccupations relatives aux
intersections des promenades Consumer, Mountain View et McAllister et du chemin
Loch Lomond soient partagees avec le directeur general pour qu'il examine les
avantages lies a ('installation de systemes de signalisation en vue de reduire le risque
d'accidents de la route et les embouteillages aux deux intersections susmentionnees.
A ('issue du vote, la proposition est adoptee.
11.9 Political — Administration Accountability Transaction
On motion of Councillor Chase
Seconded by Councillor McGuire
RESOLVED that the letter from Councillor Chase
proposing a problem solving model for understanding program and service deficiencies,
be referred to the Vision 2015 Committee for consideration.
Question being taken, the motion was carried.
11.9 Politique : gestion, responsabilite et transactions
Proposition du conseiller Chase
Appuyee par le conseiller McGuire
RESOLU que la lettre presentee par le conseiller
Chase proposant un modele de solution de problemes dans le but de combler les
lacunes des programmes et services offerts soit transmise au Comite sur la Vision 2015.
A ('issue du vote, la proposition est adoptee.
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COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 12, 2007 /LE 12 MARS 2007
8. Delegations /Presentations
8.1. Board of Trade
Referring to a submitted presentation, Imelda Gilman, President; Bob Manning, Chair
and Nathalie Godbout, First Vice Chair of the Saint John Board of Trade updated
Council on the Board's priorities for 2007 and 2008.
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that Saint John Board of Trade's
Presentation be received for information.
Question being taken, the motion was carried.
8. Delegations et presentations
8.1. Chambre de commerce
Se reportant a une presentation soumise, Imelda Gilman, chef de la direction, Bob
Manning, president, et Nathalie Godbout, premiere vice- presidente de la Chambre de
Commerce de Saint John, mettent a jour le conseil sur les priorites etablies par la
Chambre pour 2007 et 2008.
Proposition du conseiller Titus
Appuyee par le conseiller Court
RESOLU que la presentation de la Chambre de
commerce de Saint John soit acceptee a titre informatif.
A ('issue du vote, la proposition est adoptee.
12. Business Matters - Municipal Officers
12.1 Tenders for Fleet Replacement for 2007
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that as recommended by the City
Manager, the tenders for the purchase of cars and light trucks, phase -1 of the 2007 Fleet
Replacement Program, be awarded to the lowest bidder in each case as identified on
the submitted summary of bid forms included with this report.
Question being taken, the motion was carried.
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Soumissions relatives au renouvellement du parc automobile en 2007
Proposition du conseiller White
Appuyee par le conseiller Court
RESOLU que, comme le recommande le directeur
general, les soumissions relatives a la phase 1 du programme de renouvellement du
parc automobile en 2007, visant I'acquisition de voitures automobiles et de
camionnettes, soient accordees au soumissionnaire moins - disant dans chaque cas,
comme I'indique le sommaire des formulaires de soumission joint au present rapport.
A ('issue du vote, la proposition est adoptee.
12.2 Tender for Panasonic Toughbooks
On motion of Councillor Court
Seconded by Councillor Farren
RESOLVED that as recommended by the City
Manager, the tenders in the amount of $42,416. plus tax, for the supply of Panasonic
Toughbook computers be awarded to Xwave.
Question being taken, the motion was carried.
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COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 12, 2007 /LE 12 MARS 2007
12.2 Soumission relative au Toughbook de marque Panasonic
Proposition du conseiller Court
Appuyee par le conseiller Farren
RESOLU que, comme le recommande le directeur
general, la soumission au montant de 42 416 $, taxes en sus, relative a la fourniture
d'ordinateurs Toughbook de Panasonic, soit accordee a 1'entreprise Xwave.
A I'issue du vote, la proposition est adoptee.
12.3 Retail Drive
On motion of Councillor White
Seconded by Councillor Farren
RESOLVED that as recommended by the City
Manager, notwithstanding the failure of East Point Inc. to have met the completion date
for its constructing Retail Drive so- called, running from Westmorland Road to Rothesay
Avenue, which completion date is established by the Development Agreement between
the Company and The City of Saint John dated September 16, 2006, but without
relieving the developer of any of its contractual obligations to the City, the Chief City
Engineer is hereby directed to make available for public use that portion of the said
Retail Drive commencing at Westmorland Road and ending at some point at or before
the first turn in Retail Drive (a distance of approximately 360 metres), provided the Chief
City Engineer is satisfied the developer has successfully completed the testing and
commissioning of the water main, reinstatement of any asphalt base course excavated
with respect to water main testing, commissioning of the traffic signals at the intersection
of Retail Drive and Westmorland Road and any snow plowing and salting required for
opening the section of road for public use.
Question being taken, the motion was carried.
12.3 Promenade Retail
Proposition du conseiller White
Appuyee par le conseiller Farren
RESOLU que, comme le recommande le directeur
general, et nonobstant que 1'entreprise East Point Inc. n'a pas respecte la date
d'echeance prevue pour I'achevement des travaux de construction sur la route
communement appelee promenade Retail, entre le chemin Westmorland et I'avenue
Rothesay, laquelle date ayant ete etablie en vertu du contrat d'amenagement conclu
entre 1'entreprise susmentionnee et The City of Saint John en date du
16 septembre 2006, et sans toutefois decharger le promoteur d'aucune de ses
obligations contractuelles envers la Ville, l'ingenieur en chef est par les presentes charge
de garantir au public ('usage du tronpon de ladite promenade Retail, depuis le chemin
Westmorland jusqu'a un certain point situe pres de la premiere courbe de la promenade
Retail, ou a un point situe avant ladite courbe (une distance d'environ 360 metres),
pourvu que l'ingenieur en chef soit convaincu que le promoteur a terming toutes les
evaluations de la conduite principale d'eau et que celle -ci soit operationnelle, que tout
trongon de route creuse pour effectuer les travaux relatifs a ladite conduite d'eau soit
revetu d'un enduit d'asphalte, qu'un systeme de signalisation routiere soit installe et mis
en service au croisement de la promenade Retail et du chemin Westmorland et que les
travaux de deneigement et d'epandage de sel soient effectues afin que le trongon puisse
titre ouvert au public.
A ('issue du vote, la proposition est adoptee.
12.4 Illegal Dumping Clean -Up - Accountability
On motion of Councillor White
Seconded by Councillor Farren
RESOLVED that as recommended by the City
Manager, the report advising Council and the public of an initiative to address an illegal
dumping situation in the area of King William Road and Birchwood Place and to
generally increase the emphasis on dealing with such irresponsible acts, be received for
information.
Question being taken, the motion was carried.
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COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 12, 2007 /1-E 12 MARS 2007
12.4 Nettoyage des deversements illegaux et responsabilite en la matiere
Proposition du conseiller White
Appuyee par le conseiller Farren
RESOLU que, comme le recommande le directeur
general, le rapport informant le conseil et le public d'une initiative visant a enrayer les
deversements illegaux pres du chemin King William et de la place Birchwood, et visant a
mettre davantage I'accent sur les demarches a entreprendre pour contrer ces actes
irresponsables, soit accepte a titre informatif.
A I'issue du vote, la proposition est adoptee.
12.5 Storm Water Management Strategy
On motion of Councillor Farren
Seconded by Councillor White
RESOLVED that as recommended by the City
Manager, the proposal of Terrain Group Inc. for engineering services for the Storm
Water Management Strategy be accepted and that the Mayor and Common Clerk be
authorized to execute appropriate documentation in that regard.
Question being taken, the motion was carried.
12.5 Strategie de gestion des eaux pluviales
Proposition du conseiller Farren
Appuyee par le conseiller White
RESOLU que, comme le recommande le directeur
general, la proposition de Terrain Group Inc. soit acceptee visant les services
d'ingenierie relatifs a la strategie de gestion des eaux pluviales, et que le maire et le
greffier communal soient autorises a signer la documentation exigee a cet egard.
A I'issue du vote, la proposition est adoptee.
12.6 Municipal Designated Highways (MDH) Grant Program Extension to 2009
On motion of Councillor White
Seconded by Councillor Farren
RESOLVED that as recommended by the City
Manager, the report updating Council with respect to the Municipal Designated
Highways Grant Program and the recent approval by the Minister of Transportation to
extend the program to 2009 to include Manawagonish Road between Gault Road and
Fairville Boulevard and King William Road from Route 1 to Ocean Westway, be received
for information.
Question being taken, the motion was carried.
12.6 Programme de subvention relatif aux routes municipales designees
prolonge jusqu'en 2009
Proposition du conseiller White
Appuyee par le conseiller Farren
RESOLU que, comme le recommande le directeur
general, le rapport de mise a jour adresse au conseil visant le programme de subvention
relatif aux routes municipales designees, et I'approbation accordee recemment par le
ministre des Transports en vue de prolonger le programme jusqu'en 2009 afin d'inclure
un trongon du chemin Manawagonish situe entre le chemin Gault et le boulevard
Fairville, et un trongon du chemin King William, depuis la route no 1 jusqu'a la voie Ouest
Ocean, soit accepte a titre informatif.
A ('issue du vote, la proposition est adoptee.
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COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 12, 2007 /LE 12 MARS 2007
12.7 Traffic Signal Installations — 2006, 2007 and 2008
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that as recommended by the City
Manager, the report updating Council with respect to traffic /pedestrian signal
installations completed in 2006 and to make Council aware of proposed
traffic /pedestrian signal installations for 2007 and 2008, be received for information.
Question being taken, the motion was carried.
12.7 Installation de feux de circulation en 2006, 2007 et 2008
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que, comme le recommande le directeur
general, le rapport de mise a jour adresse au conseil relativement a ('installation d'un
systeme de signalisation routiere et pedestre effectuee en 2006, et informant le conseil
du projet d'installation d'un systeme semblable en 2007 et 2008, soit accepte a titre
informatif.
A I'issue du vote, la proposition est adoptee.
12.8 Total Golf Management Inc. 2007 Rate Structure
On motion of Councillor Titus
Seconded by Councillor White
RESOLVED that as recommended by the City
Manager, Common Council approve the 2007 Rate Structure as proposed and
submitted by Total Golf Management Inc.
Question being taken, the motion was carried.
12.8 Grille tarifaire 2007 de Total Golf Management Inc.
Proposition du conseiller Titus
Appuyee par le conseiller White
RESOLU que, comme le recommande le directeur
general, le conseil communal approuve la grille tarifaire pour I'annee 2007 presentee par
Total Golf Management Inc.
A ('issue du vote, la proposition est adoptee.
13. Committee Reports
13.1 Planning Advisory Committee — Proposed Hachey Subdivision Phase 1
2420 Loch Lomond Road and 60 Little River Road
On motion of Councillor Court
Seconded by Councillor White
RESOLVED:
1. That Common Council assent to one or more subdivision plan(s) for the four lots
proposed as Phase 1 of the Hachey Subdivision, and to any required municipal service
and public utility easements.
2. That Common Council assent to the proposed Land for Public Purposes dedication
having an approximate area of 4,170 square metres (1.03 acres) for Phase 1 of the
Hachey Subdivision and future phases of development.
3. That Common Council authorize the preparation and execution of a City /Developer
Subdivision Agreement(s) to ensure provision of the required work, including detailed
drainage plans for the approval of the City Engineer.
Question being taken, the motion was carried.
92 -730
COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 12, 2007 /LE 12 MARS 2007
13. Rapports deposes par les comites
13.1 Comite consultatif d'urbanisme relativement a la phase 1 du lotissement
Hachey situe au 2420, chemin Loch Lomond et au 60, chemin Little River
Proposition du conseiller Court
Appuyee par le conseiller White
RESOLU
1. Que le conseil communal approuve le ou les plans de lotissement relatifs aux quatre
lots proposes en tant que phase 1 du lotissement Hachey et toute servitude de services
municipaux et d'entreprise de service public.
2. Que le conseil communal autorise I'affectation du terrain utilise a des fins publiques
d'une superficie approximative de 4 170 metres carres (1,03 acre) pour la phase 1 du
lotissement Hachey et toute phase future relative a I'amenagement.
3. Que le conseil communal autorise la redaction et la signature de contrats de
lotissement entre la Ville et le promoteur afin de permettre 1'execution des travaux
requis, notamment en ce qui concerne I'elaboration de plans de drainage detailles
soumis a I'approbation de I'ingenieur municipal.
A I'issue du vote, la proposition est adoptee.
13.2 Committee of the Whole Report— Pension Funding Agreements
On motion of Councillor Titus
Seconded by Councillor White
RESOLVED that the Committee of the Whole
report dealing with pension funding agreements, be tabled until March 26, 2007.
Question being taken, the tabling motion was carried.
13.2 Rapport du comite plenier relatif aux conventions de financement du
regime de retraite
Proposition du conseiller Titus
Appuyee par le conseiller White
RESOLU que le rapport presente par le Comite
plenier relatif aux conventions de financement du regime de retraite soit reporte jusqu'au
26 mars 2007.
A I'issue du vote, la proposition visant a reporter 1'examen de cette
question est adoptee.
14. Consideration of Issues Separated from Consent Agenda
14.1 Residential Infrastructure Assistance #37 and #38- Hickey Road and Prince
Street
On motion of Councillor Court
Seconded by Councillor Farren
RESOLVED that as recommended by the City
Manager, Common Council approve Residential Infrastructure Assistance for: #37 Scott
Bros. Ltd. development of Eastwood Subdivision off Hickey Road with an estimated
2007 expenditure of $150,000. and #38 Norman Ganong development of land off Prince
Street with an estimated 2007 expenditure of $150,000.
Question being taken, the motion was carried.
14. Etude des sujets ecartes des questions soumises a I'approbation du
conseil
14.1 Demandes nos 37 et 38 relatives au programme d'aide a ('infrastructure
residentielle visant le chemin Hickey et la rue Prince
Proposition du conseiller Court
Appuyee par le conseiller Farren
RESOLU que, comme le recommande le directeur
92 -731
COMMON COUNCIL /CONSEIL COMMUNAL
MARCH 12, 2007 /1-E 12 MARS 2007
general, le conseil communal approuve les demandes suivantes dans le cadre du
programme d'aide a ('infrastructure residentielle : le no 37, Scott Bros. Ltd., visant
I'amenagement du projet de lotissement Eastwood, situe pres du chemin Hickey, dont
les depenses devraient s'elever a 150 000 $ en 2007, et le no 38, Norman Ganong,
visant I'amenagement d'un terrain situe pres de la rue Prince, dont les depenses
devraient s'elever a 150 000 $ en 2007.
A ('issue du vote, la proposition est adoptee.
15. General Correspondence
15.1 Saint John Hotel Association Destination Marketing Fee
On motion of Councillor White
Seconded by Councillor Court
RESOLVED that Council endorse the Saint John
Hotel Association's Destination Marketing Fee initiative, and that the matter be referred
to the City Manager for a report back to Council.
Question being taken, the motion was carried.
15. Correspondance generale
15.1 Association des hoteliers de Saint John relativement aux droits de
marketing des destinations
Proposition du conseiller White
Appuyee par le conseiller Court
RESOLU que le conseil approuve ['initiative de
I'Association des hoteliers de Saint John relative aux droits de marketing des
destinations, et que la question soit transmise au directeur general aux fins de
presentation d'un rapport au conseil.
A ('issue du vote, la proposition est adoptee.
16. Adjournment
The Deputy Mayor declared the meeting adjourned at 9:10 p.m.
16. Cloture de la seance
La mairesse suppleante declare que la seance est levee a 21 h 10.
Mayor /maire
Common Clerk /greffier communal
REPORT TO COMMON COUNCIL
M & C 2007 -55
March 19, 2007
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Design & Construction Management:
Manawagonish Road — Street Reconstruction
BACKGROUND
71r � I
The City of Saint john
The approved 2007 General Fund Capital Program — Transportation category and the expanded
Municipal Designated Highways Grant Program for 2008 includes projects for the design and
reconstruction of Manawagonish Road from Fairville Boulevard to Ridge Row that includes:
• Street reconstruction including excavation and backfill with new granular materials,
drainage control, new curb and sidewalk, landscaping, and asphalt paving.
On December 19, 2006 (M &C 2006 -333), Common Council approved the addition of the street
reconstruction components of this project and authorized staff to negotiate for the engagement of
engineering services. The construction is scheduled for 2007, in conjunction with the Utility
Fund projects previously approved.
The project includes the funding necessary to engage engineering services to complete the
following:
• site survey and preliminary investigation;
• public consultation process;
• preliminary design, and design report with cost estimates;
• detailed design;
• construction management and inspection services; and
• record drawings in digital and hard copy formats.
M & C 2007 -55
March 19, 2007
Page 2
PURPOSE
The purpose of this report is to make a recommendation for consulting engineering services for
this project.
ANALYSIS
On February 26, 2007, with a comprehensive and detailed scope of work document developed by
staff, a proposal for consulting engineering services was requested from Crandall Engineering
Ltd. In response to this request, Crandall Engineering Ltd. submitted a proposal on March 9,
2007.
Staff was previously authorized by Council to conduct negotiations with this consultant for
engineering services for the project.
A Review Committee of staff was selected to complete an analysis of all aspects of the
submission:
Brian Keenan, P. Eng.
Engineering Manager, Municipal Engineering
Dean Price, P. Eng.
Municipal Engineer, Municipal Engineering
Tim O'Reilly, MIT, M.Sc.E.
Operations Manager, Transportation
David Logan, CPPB
Purchasing Agent/Manager, Materials and Fleet Management
Each member completed a review of the submission and a subsequent meeting was held to
jointly discuss the information presented in the Crandall Engineering Ltd. proposal. The upset
price contained in the proposal was also evaluated and the committee agreed that the consultant's
requested fee was appropriate for submission to Council for approval.
The submission from Crandall Engineering Ltd. met all of the requirements of the proposal call,
in a manner acceptable to the Committee, with a cost effective bid for the project.
M & C 2007 -55
March 19, 2007
Page 3
FINANCIAL IMPLICATIONS
The proposed cost of the work from Crandall Engineering Ltd. to provide design and
construction management services is approximately $147,758.00 including the City's eligible
HST rebate. An amount of $1,185,000 ($260,000 City share and $925,000 Provincial share
under the expanded Municipal Designated Highways Grant Program for 2008) is included in the
General Fund Capital Program for design, construction management and construction.
Engineering fees to cover the cost of design and construction management generally do not
exceed 12 -17% of the total overall project cost, depending on the nature of the project and the
engineering services required. This upset fee is approximately 12.4% of the total overall project
cost, which is considered appropriate for this type of project.
RECOMMENDATION
It is recommended that the proposal of Crandall Engineering Ltd. for engineering (design and
construction management) services for Manawagonish Road — Street Reconstruction be accepted
and that the Mayor and Common Clerk be authorized to execute the appropriate documentation
in that regard.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
REPORT TO COMMON COUNCIL
M & C 2007 -58
March 21, 2007
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Members of Council,
SUBJECT:
DESIGN AND CONSTRUCTION MANAGEMENT:
MOUNTAIN ROAD — STREET RECONSTRUCTION
BACKGROUND
77
The City of Saint John
The approved 2007 General Fund Capital Program — Transportation category includes a project for the
reconstruction of Mountain Road from Westmorland Road to Mountain View Drive. The project includes
the funding necessary to engage engineering services to complete the following:
• Site survey and preliminary investigation;
• Preliminary design, cost estimates and design report;
• Detailed design and specifications preparation; and
• Inspection services and construction management.
PURPOSE OF THE REPORT
The purpose of this report is to make a recommendation for consulting engineering services for this project.
ANALYSIS
On February 12, 2007 (M &C 2007 -29) Common Council approved a recommendation authorizing staff to
conduct the necessary negotiations with Crandall Engineering Ltd. to carry out design and construction
management services for Mountain Road — Street Reconstruction.
M & C 2007 -58
March 21, 2007
Page 2
On February 15, 2007 with a comprehensive and detailed scope of work document developed by staff, a
proposal for consulting engineering services was requested from Crandall Engineering Ltd. In response,
Crandall Engineering Ltd. submitted a proposal on March 2, 2007.
A Review Committee consisting of the following staff completed an analysis of the submission:
■ Brian Keenan, P.Eng.
Engineering Manager, Municipal Engineering
■ Holly Young, P. Eng.
Municipal Engineer
■ Kevin O'Brien, P.Eng.
Operations Manager, Transportation
■ Cindy Calvin
Assistant Purchasing Agent, Materials and Fleet Management
Each member completed a review of the submission and a subsequent meeting was held to jointly discuss
the information presented in the Crandall Engineering Ltd. proposal. The submission from Crandall
Engineering Ltd. met all of the requirements of the proposal call, in a manner acceptable to the committee,
with a cost effective bid for the project.
FINANCIAL IMPLICATIONS
The proposed cost of the work from Crandall Engineering Ltd. to provide design and construction
management services is approximately $128,333.37 including the City's eligible HST rebate. An amount of
$1,040,000 was included in the 2007 General Fund Capital Program for design, construction management
and construction.
Engineering fees to cover the cost of design and construction management generally do not exceed 12 -17 %
of the total overall project cost, depending on the nature of the project and the engineering services required.
This upset fee is approximately 12.3 % of the total overall project cost, which is considered appropriate for
this type of project.
M & C 2007 -58
March 21, 2007
Page 3
RECOMMENDATION
It is recommended that the proposal of Crandall Engineering Ltd. for engineering services (design and
construction management) for the Mountain Road — Street Reconstruction project be accepted and that the
Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
REPORT TO COMMON COUNCIL
M & C 2007 -60
March 22, 2007
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Members of Council,
SUBJECT: DESIGN AND CONSTRUCTION MANAGEMENT:
BAYSIDE DRIVE — STREET RECONSTRUCTION
BACKGROUND
71r � I
The City of Saint john
The approved 2007 General Fund Capital Program — Transportation category includes a project
for the design and reconstruction of Bayside Drive between Civic #450 and the Little River
Bridge.
The project includes the funding necessary to engage engineering services to complete the
following:
■ Site survey and preliminary investigation;
■ Preliminary design, cost estimates and design report;
■ Detailed design and specifications preparation; and
■ Inspection services and construction management.
PURPOSE OF THE REPORT
The purpose of this report is to make a recommendation for consulting engineering services for
this project.
M &C2007 -60
March 22, 2007
Page 2
ANALYSIS
On February 12, 2007 (M &C 2007 -29) Common Council approved a recommendation
authorizing staff to conduct the necessary negotiations with Crandall Engineering Ltd. to carry
out design and construction management services for Bayside Drive — Street Reconstruction.
On February 19, 2007 with a comprehensive and detailed scope of work document developed by
staff, a proposal for consulting engineering services was requested from Crandall Engineering
Ltd. In response, Crandall Engineering Ltd. submitted a proposal on March 12, 2007.
A Review Committee of staff completed an analysis of the submission:
Brian Keenan, P. Eng.
Engineering Manager, Municipal Engineering
Kendall Mason, P. Eng.
Municipal Engineer, Municipal Engineering
Kevin O'Brien, P. Eng.
Operations Manager, Transportation
Dave Logan, CPPB
Purchasing Agent / Manager, Materials and Fleet Management
Each member completed a review of the submission, and a subsequent meeting of the Review
Committee was held to jointly discuss the information presented in the Crandall Engineering Ltd
proposal. The upset price contained in the proposal was also evaluated by the committee and the
committee agreed that the consultant's requested fee was appropriate for submission to Council
for approval.
The submission from Crandall Engineering Ltd. met all of the requirements of the request for
proposal, in a manner acceptable to the committee, with a cost - effective bid for the project.
FINANCIAL IMPLICATIONS
The proposed cost of the work from Crandall Engineering Ltd. to provide design and
construction management services is approximately $91,180.65 including the City's eligible
HST rebate. An amount of $520,000 was included in the 2007 General Fund Capital Program
for design, construction management and construction.
M &C2007 -60
March 22, 2007
Page 3
Engineering fees to cover the cost of design and construction management generally do not
exceed 12 -17% of the total overall project cost, depending on the nature of the project and the
engineering services required. This upset fee is approximately 17.5 % of the total overall project
cost, which is considered appropriate for this type of project.
RECOMMENDATION
It is recommended that the proposal of Crandall Engineering Ltd. for engineering services
(design and construction management) for Bayside Drive — Road Reconstruction be accepted and
that the Mayor and Common Clerk be authorized to execute appropriate documentation in that
regard.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
REPORT TO COMMON COUNCIL
M &C 2007 -69
March 23, 2007
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Members of Council:
SUBJECT:
Design and Construction Management:
Prince Street Storm Sewer Installation
BACKGROUND
71r � I
The City of Saint john
The 2007 General Fund Capital Program — Storm category includes a project for the design and
construction of a storm sewer on Prince Street between Civic # 232 and Ludlow Street.
PURPOSE OF THE REPORT
The purpose of this report is to make a recommendation for consulting engineering services for
the project.
ANALYSIS
On February 16, 2007 with a comprehensive and detailed scope of work document developed by
staff, a proposal for consulting engineering services was requested from Terrain Group Inc. In
response to this request, Terrain submitted a proposal on March 15, 2007. Staff was previously
authorized to conduct negotiations with this consultant for engineering services for the Prince
Street Storm Sewer Installation project.
M &C 2007 -69
March 22, 2007
Page 2
The project includes the funding necessary to engage engineering services to complete the
following:
• Preliminary investigation and data collection,
• Preliminary design, and design report with cost estimates,
• Public consultation process,
• Detailed design,
• Construction management and inspection services
• Record drawings in digital and hard copy format
A Review Committee consisting of the following staff completed an analysis of the submission:
Brian Keenan, P. Eng.
Engineering Manager, Municipal Engineering
Brett L. McLean, P. Eng.
Municipal Engineer, Municipal Engineering
Tim O'Reilly, MIT, M.Sc.E
Operations Manager, Transportation
Dave Logan, CPPB
Purchasing Agent/Manager, Materials and Fleet Management
Each member completed an independent review of the submission and a subsequent meeting of
the Review Committee was held to jointly discuss the information presented in the Terrain
proposal. The upset price contained in the proposal was also evaluated by the committee and
staff then negotiated with Terrain and settled on an acceptable fee with the consultant for
submission to Council for approval.
The submission from Terrain Group Inc. met all of the requirements of the request for proposal
in a manner acceptable to the committee, with a cost effective bid for the project.
FINANCIAL IMPLICATIONS
The proposed cost of the work from Terrain to provide design and construction management
services is approximately $53,798.49 including the City's eligible HST rebate. An amount of
$335,000.00 was included in the 2007 General Fund Capital Program — Storm category for
design, construction management and construction.
Engineering fees to cover the cost of design and construction management generally do not
exceed 12 -17% of the total project cost, depending on the nature of the project and the
M &C 2007 -69
March 22, 2007
Page 3
engineering services required. This upset fee is approximately 16.1% of the total overall project
cost, which is considered appropriate for this type of project.
RECOMMENDATION
It is recommended that the proposal of Terrain Group Inc. for engineering services (design and
construction management) for the Prince Street Storm Sewer Installation project be accepted and
that the Mayor and Common Clerk be authorized to execute the appropriate documentation in
that regard.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
REPORT TO COMMON COUNCIL
M & C 2007 -57
March 21, 2007
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Members of Council,
SUBJECT
DESIGN AND CONSTRUCTION MANAGEMENT: WATERSHED PROTECTION
FACILITIES — PHASE II
BACKGROUND
77
The City of Saint John
The approved 2007 Water and Sewerage Utility Fund Capital Program — Watershed Protection category
includes a project for the construction of facilities to protect the watersheds from highway runoff hazards.
The project includes the funding necessary to engage engineering services to complete the following:
• Site survey and preliminary investigation;
• Preliminary design, cost estimates and design report;
• Detailed design and specifications preparation; and
• Inspection services and construction management.
PURPOSE OF THE REPORT
The purpose of this report is to make a recommendation for consulting engineering services for this project.
ANALYSIS
On February 12, 2007 (M &C 2007 -29) Common Council approved a recommendation authorizing staff to
conduct the necessary negotiations with Crandall Engineering Ltd. to carry out design and construction
management services for the Watershed Protection Facilities — Phase II project.
On February 15, 2007 with a comprehensive and detailed scope of work document developed by staff, a
proposal for consulting engineering services was requested from Crandall Engineering Ltd. In response,
Crandall Engineering Ltd. submitted a proposal on February 28, 2007.
M & C 2007 -57
March 21, 2007
Page 2
ANALYSIS (CONT'D)
A Review Committee consisting of the following staff completed an analysis of the submission:
■ Brian Keenan, P.Eng.
Engineering Manager, Municipal Engineering
■ Holly Young, P. Eng.
Municipal Engineer
■ Peter Hanlon, P.Eng.
Chief Water Quality Inspector
■ Brent McGovern, P.Eng.
Manager, Water and Wastewater Operations
■ Nicole Taylor, M.Eng., P.Eng.
Operations Manager, Water Resources & Quality
■ Dave Logan, CPPB
Purchasing Agent/Manager, Materials and Fleet Management
Each member completed a review of the submission and a subsequent meeting was held to jointly discuss
the information presented in the Crandall Engineering Ltd. proposal. The submission from Crandall
Engineering Ltd. met all of the requirements of the proposal call, in a manner acceptable to the committee,
with a cost effective bid for the project.
FINANCIAL IMPLICATIONS
The proposed cost of the work from Crandall Engineering Ltd. to provide design and construction
management services is approximately $28,742.32 including the City's eligible HST rebate. An amount of
$200,000 was included in the 2007 Water and Sewerage Utility Fund Capital Program for design,
construction management and construction.
Engineering fees to cover the cost of design and construction management generally do not exceed 12 -17 %
of the total overall project cost, depending on the nature of the project and the engineering services required.
This upset fee is approximately 14.4 % of the total overall project cost, which is considered appropriate for
this type of project.
M & C 2007 -57
March 21, 2007
Page 3
RECOMMENDATION
It is recommended that the proposal of Crandall Engineering Ltd. for engineering services (design and
construction management) for the Watershed Protection Facilities — Phase II project be accepted and that the
Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
REPORT TO COMMON COUNCIL
M & C — 2007 -64
23 March 2007
His Worship Norman McFarlane
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Tenders for Equipment Replacement
BACKGROUND:
f
City of saint J1--oh iI
At its regularly scheduled, open session, meeting of Monday March 12, 2007,
Council approved the award of tenders for the provision of cars and light trucks as
phase one of the 2007 Fleet Replacement Program. This report is seeking the same
consideration from Council for the award of tenders for phase two of the program.
Phase two represents the heavy and miscellaneous equipment side of the fleet. It
was originally staff s intention to present all of the equipment replacement
requirements in two phases however, due to a number of legitimate reasons, not all
of the tenders are available at this time. There are 4 vehicles identified for
replacement this year that have yet to be tendered.
Staff of Materials and Fleet Management has reviewed these tender results with
the user departments and wish to present to Council recommendations for award
as a result of this review process.
ANALYSIS:
The following is a listing of the vehicles to be replaced, the vehicles replacing
them, the recommended supplier and a brief synopsis. In addition to this
information, staff have included summaries for all of the tenders called for this
phase of the replacement program.
Page Two
ANALYSIS ... Cont'd;
Of note to Council is the fact that not all of the recommendations of staff are as a
direct result of tenders called at this time. We have attempted to provide the
rationale for this action in the synopsis.
Vehicle 282 -07 is a 1994 Olympia Ice Resurfacer
This ice resurfacer is not being replaced. As was the case with previous ice
machines, this unit will be sent to Resurfice Corp. for refurbishment. This machine
is the last of the Olympia fleet which is suitable for refurbishment. These machines
can be rebuilt once, at a cost considerably less than the cost to purchase new,
however the process is limited to a one -time rebuild. Also, as in the past, the
vendor, who is a sole source provider of this service, was asked to submit a
proposal to refurbish and provide a like new warranty, for vehicle 282 -07. The
cost of this service is quoted at $50,000.00. It has been estimated that the cost of a
new machine will be in the area of $70,000.00.
Vehicle 711 is a 1984 Cat Loader
In the fall of 2006 staff of Municipal Operations and Materials and Fleet
Management met in an attempt to resolve, as quickly and economically as possible,
the problem of providing loaders to the City's two salt storage sheds. The
machines in both locations were old, worn-out recycled loaders that through the
winter of 2005/06 were out of service, for repairs, more than they were
operational. The sole function of these machines, given their age and condition, is
to mix salt and sand, and to load it on trucks during the winter months.
In addition to this it was determined that over the course of the next two years,
two front line units would require replacement. One of them is represented here.
It was determined that it would be impractical to attempt to replace these machines
by purchasing new operational units and recycling the machines they replaced into
the salt sheds. This would replace one set of problems with another. It was decided
to seek bids for the supply of short term rental loaders to replace the two aging
units, for the period of the demand, ie October to May.
Proposals were received from two suppliers for rental units. In both cases the
dealers offered buy -out options with the rentals. One of the rental units was a 2005
Cat 928 loader with 650 hours of operation, while the other was a 2006(new) John
Deere 544J with no hours on it.
Page Three
ANALYSIS ... Cont'd;
Staff of Municipal Operations are pleased with the success of this approach to
providing seasonal vehicles. They were able to obtain first line, reliable vehicles at
a reduced cost, with no capital outlay. In addition they wish to exercise the buy-
out option offered by Wallace Equipment for the new John Deere unit, which will
be modified for year round service and replace vehicle 711.
The cost to exercise this option will be $106,400.00 which represents the quoted
purchase price of $128,000.00 less 90% of the rental fee paid, or a savings of
$21,600.00. While the Cat machine rented at the same time would cost less, it is an
older machine with more operating hours on the meter. As well there have been an
ongoing concerns about the mechanical condition of this unit and without any
remaining warranty coverage, staff are reluctant to make a significant investment in
a unit that may cause problems down the road. This unit will be returned to the
dealer at the end of the rental term.
Given the success of this initiative, it is staffs intentions to again call for proposals
for two rental units for the 2007/08 winter season.
Vehicles 762 and 764 are both 1993 JCB Backhoes
The Works Operations Division of the Municipal Operations Department has by
far the largest fleet of vehicles for any operating department in the City. It is for
this reason that even though the largest portion of the Fleet Replacement Programs
annual budget is spent on works vehicles, we have insufficient funds, in any given
year, to deal with all of the issues that need attention. Backhoes are one area
where the annual priorities in other areas of the works fleet have taken precedent.
Over the course of the next two years it is planned to replace 4 aging backhoes
within the works fleet. The first two of these are represented here.
Council will note, as you review the enclosed bid summaries, that staff are not
recommending award of this tender to the lowest or even the second lowest
bidders. In both of these cases the bidders have offered quotes on machines that do
not meet the minimum specifications for the backhoes required. Items like digging
depth, lifting capacity and bucket breakout force are not at the levels required. The
third low bid, for the supply of two Cat backhoes, does comply and is
recommended.
Page Four
ANALYSIS ... Cont'd;
Vehicle 751 is a 1982 SMI Self Propelled Snow Blower
This machine is the last of the self propelled, dedicate snow blowers in the fleet.
The other machine was replaced and disposed of approximately 3 to 4 years ago.
This machine, when operational, is used for large snow removal operations such as
during snow clearing of the Central Peninsula, and other areas.
While 751 is an integral part of the winter operations and when operating does
provide an invaluable service, the age and condition of the machine is cause for
concern. This SMI is 25 years old and has been kept well beyond what reasonable
would have been expected to be the life of this type of machine. As a result down
time for repairs has become an issue. Given the age of the machine repair parts are
not readily available and in some cases must be fabricated in order to avoid
excessive down time or costly repairs.
The previous self propelled blower was replaced with a snow blowing attachment
which fit onto the front of a front end loader. It is staffs intentions to modify the
previously addressed John Deere loader to accommodate a blower attachment.
These attachments have proven to be extremely successful not only as
replacements for the self propelled units, but because they are cheaper to purchase,
cheaper to maintain, are easily installed, or removed, providing better flexibility
and adding year round application for the City's fleet of front end loaders.
Once again it is necessary to draw Councils attention to the tender summary for
this unit. Council will note once again that staff are not recommending award to
the lowest bidder. While the price is the best he has failed to meet the minimum
specifications with the unit offered. Also of note is the fact that the machine being
recommended is a used/demonstrator blower at a savings of $11,000.00 over the
cost of the same unit if new. The used unit, while having 74 hours of operation,
will be supplied with a new unit warranty.
Vehicle 790 is a 1992 Bombardier
This is a track mounted snow removal unit used to clear snow from City
sidewalks. The reason for the track mounting as opposed to the traditional MT
Trackless, articulating sidewalk machines, is the requirement to address areas
where the trackless units have proven ineffective. There are a number of these
areas in the City including Glen Falls and Forest Hills to name just two.
Page Five
ANALYSIS ... Cont'd;
This unit, unlike the trackless, is dedicated specifically to winter operations. This is
due in large part to the awkwardness of operation and the fact that it is mounted
on tracks as opposed to rubber tires.
Vehicle 790, not unlike the SMI Blower, is a maintenance concern. Parts are next
to impossible to obtain in a timely fashion and as a result this unit spends as much
time in the shop as it does on the street. As well the present unit, due to its age and
configuration, is restricted to plowing operators only. The new unit will be more
versatile once the attachments included with the bid are supplied.
Even though tenders were called, this is a very specialized unit and as a result is a
sole source acquisition, therefore only one bid was received.
Vehicles 614 and 618 are both 60,000 GVW Plow Trucks
614 is a 1992 International while 618 is a 1990 International. Tenders were called
in the usual fashion ie the cab and chassis, the dump body, the Quick Connect
System and plow and wing, all bid separately. The enclosed summary represents
the lowest possible total cost to the City for the purchase and assembly of these
vehicles.
The cab and chassis assemblies will be delivered directly to the City as will the
dump bodies. These then will be assembled in our own shop using City forces. The
trucks will then be transferred to the Spring Works where the Quick Connect
Systems and plows and wings will be assembled. Finally the trucks will be sent to
Fleetway on the City's west side where the hydraulics will be added.
Vehicle 611 is a 1992 International Salt /Sand Truck
The primary function of this truck is to provide salt or salt and sand mix to the
City's fleet of sidewalk units. On rare occasions, as weather demands, it might also
be pressed into service as a front line unit. For the balance of the year this truck
sits idle as it is a dedicated spreader unit.
611 will be replaced with a 41,000 GVW cab and chassis with a conventional
dump body as opposed to being constructed as a dedicated spreader. In addition to
this a removable spreader unit and a removable 10,000 gallon water tank will be
purchased. In the spring Fleet Services will remove the spreader from the dump
body and the water tank will be installed. At this time the truck will be transferred
to the Leisure Services Department to support their summer watering
requirements.
In the fall, 611 will be returned to Fleet Services where the water tank will be
removed and the spreader unit will be slide back in place.
Page Six
FINANCIAL IMPLICATIONS:
The total cost for this phase of the fleet replacement program for 2007, if awarded
as recommended on the enclosed bid summaries, will be $1,071,669.07
Funds to cover the cost to award each and all of these tenders are included in the
2007 Capital Budget.
RECOMMENDATION:
It is recommended that the tenders for phase two of the 2007 fleet replacement
program be awarded to the low bidders to meet the specifications of the tenders
and to the sole source suppliers, as indicated on the enclosed bid summaries.
Respectfully submitted,
David Logan, CPPB
Purchasing Agent
T.L. Totten, FCA
City Manager
Tender
2006 - 086401 P
Wheel Loader Lease Buyout
Description
Atlantic Tractors & Equipment
Wallace Equipment
2005 Caterpillar 928Gz
2006 John Deere 544J
Wheel Loader Lease Buyout
$89,875.00
$106,400.00
* Indicates Recommendation
Tender
2007- 086101 TX
Refurbish Olympia Ice Resurfacer
Description
Resurfice Corporation
Refurbish 1994 Olympia Ice Resurfacer
$50,000.00 *
* Indicates Recommendation
Tender
2007-232001T
Sidewalk Machine - Track
Description
Plannord
Equipment
Sidewalk Machine - Track
2007 Camoplast SW48Hy
$108,630.00
OPTIONS
10A— Reversible Cutting Edge
3,710.00
10C — Sand & Salt Spreader
4,740.00
10D — Snow Blower
18,500.00
10F — Compressor
1,175.00
109G — Hydraulics
4,605.00
Total Options
$32,730.00
Grand Total
$141,360.00
x Indicates Recommendation
Tender
2007-232002T
Attachment — Loader Snow Blower
Description :
Joe Johnson
Equipment (1)
Joe Johnson
Equipment (2)
Saunders Equipment
J. A. Larue
Loader Snow Blower
2007 Wausau- Snogo MP
2007 Wausau - Snogo WK
2007 R.P.M. Tech LM220
2007 La Rue D50
3D
500
Item A — Net purchase price:
$113,848.00
(New)
$124,427.94
$100,198.74
$118,746.07
2006 R.P.M. Tech LM220
— 74 h rs
No Bid
No Bid
No Bid
Item B — Net purchase price:
$107,746.07
(Demo)
* Indicates Recommendation
Tender 2007- 232003T
Truck — 60,000 GVWR
Description
Bayview International Trucks
Universal Truck & Trailer
Cab & Chassis (Qty 2) -
2008 International 7500 6x4 SF537
90,250.00-
2008 Sterling LT9500
122,000.00
Description
Saint John Spring Works
Del Equipment
Dump Body (Qty 2) —
Lanau SHD
Lanau SM
Supply Only -
13,600.00-
13,885.00
Supply & Install —
15,800.00
14,365.00
Description
Saint John Spring Works
Craig Manufacturing
Plow & Wing (Qty 2) —
Henderson Plow & Wing
Everest Reversible Plow Model R132TEC39PH
Supply Only —
Craig Hitch
Craig QKM36 quick hitch 301.11
Supply Only —
28,600.00
28,642.00
Supply & Install -
30,100.00-
30,267.00
Description
Applied Pressure
Fleetway Inc.
Hydraulics (Qty 2) —
As Specified
Parker VPL Electro Proportional
Supply Only —
18,536.00
18,600.00
Supply & Install —
23,356.00
22,714.00
* Indicates Recommendation
Tender
2007-232006T
Truck — 41,000 GVWR
Description
Universal Truck & Trailer
Bayview International Trucks
Cab & Chassis
2008 Sterling L9500
114,000.00
2008 International 7500 4x2 SA53700
83,000.00
Description
Saint John Spring Works
Del Equipment
Dump Body
Lanau Model SHD
Lanau Model SM
Supply Only —
11,795.00-
13,315.00
Supply & Install -
13,000.00
13,800.00
* Indicates Recommendation
Tender
2007-232004T
Backhoe /Loader
Description :
Wallace
Equipment
Atlantic
Tractors
Strongco
Equipment
Wajax
(Option 1)
Wajax
(Option 2)
Maritime
Case
Tender Price — Backhoe /Loader
2007 John
2007 Caterpillar
2007 Volvo
2007 JCB
2007 JCB
2007 Case
Deere 410J
430E
B170
3CX -15ft
3CS -17ft
580SM plus
Net Purchase Price
84,000.00
83,180.00
79,500.00
87,600.00
107,500.00
80,356.00
Option 10L — Extended Reach 24'
10,500.00
3490.00
5300.00
3000.00
3000.00
No Charge
Option 1 O —Inverter
1650.00
850.00
2200.00
900.00
900.00
N/A
Total
$96,150.00
$87,520.00 *
$87,000.00
$91,500.00
$111,400.00
$80,356.00
* Indicates Recommendation
M & C — 2007- 66
March 23, 2007
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Proposed Municipal Plan Amendment
BACKGROUND:
Later this year the new Secondary Access Road to Red Head will be completed
and opened to the public for use. The actual timing of the opening will depend on
weather and construction scheduling.
This new road will finally address the long- standing issue of secondary access in
this part of the City. However, the final proposal was not envisioned in the
Municipal Development Plan. When the Plan was adopted, the proposal was to
extend McAllister Drive between Champlain Heights and the Refinery, through
the Grandview and McAllister Industrial Parks to Red Head Road near the
wireless corner. This proposal was abandoned a number of years ago but the Plan
was not amended accordingly.
The construction of this new arterial road replaces this earlier proposal and in fact
represents the first arterial road construction by the City in 25 years. It is therefore
proposed to amend Part 4: Transportation (including Schedule 4 -A) to reflect this
new arterial. In addition that portion of Old Black River Road between
Grandview and the new arterial will also be designated as part of the arterial
system.
A full report will be prepared for both the Planning Advisory Committee and
Council's consideration, but at this time, Council's authorization to proceed with
this amendment is appropriate.
Report to Common Council Page 2
March 23, 2007
RECOMMENDATION:
Council authorize the initiation of an amendment to Part 4: Transportation, of the
Municipal Development Plan to reflect the development of the new secondary
access road in the eastern part of the City.
Respectfully submitted,
Jim R. Baird, MCIP
Commissioner
Planning and Development
Terrence Totten, F.C.A.
City Manager
JRB /mmf
M & C — 2007 -63
March 23, 2007
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Proposed Rezoning of lands to RM -IF - "Multiple Residential
Infill" Land Use Zone
A comprehensive study led by a steering committee with representatives from the
housing and development industry and City staff led to the creation of the Infill
Housing and Rehabilitation Design Guidelines and Zone Standards (hereafter
referred to as the Guidelines) in December of 1994. The document provides
illustrative guidelines and prescriptive standards for infill housing and
rehabilitation of existing building stock in the Lower West Side, the Valley area,
the Old North End and the South Central Peninsula. The document intended to
encourage housing development which would respect and complement the
character, scale and detailing of the adjacent neighbourhood context.
Recommendations made in the Guidelines were adopted as the "RM -IF" Multiple
Residential Infill zone in February of 1996. Subsequently, the City initiated the
rezoning of various parcels of land in the South Central Peninsula area from
"RM -1" Three Storey Multiple Residential and "RM -3" Central Area Multiple
Residential to "RM -IF" Multiple Residential Infill zone. The rezoning was
prompted, in part, by an increase of development pressure in the area and a
resultant proliferation of variances from the existing zoning standards, as the
"RM -IF" zoning provided standards more reflective of the type, scale and
character of the development taking place.
Rezonings were not initiated in the other areas identified in the Guidelines as
similar development pressure and residential reinvestment was not occurring in
the lower West Side, the Valley area or the Old North End at that time. For the
most part, these neighbourhoods exhibit the same dense pattern of development as
the South Central Peninsula, with older dwellings situated on or close to the front
lot line on long, narrow properties.
Report to Common Council Page 2
March 23, 2007
Recently, development pressure and reinvestment has begun to increase in the Old
North End prompted by a variety of community improvement and revitalization
projects. A committee made up of representatives from local government
agencies, businesses, and non - profit groups including the Saint John Development
Council, CMHC, Rehabitat Inc., Vibrant Communities Saint John, Saint John
Non - Profit Housing and the community ONE Change group has begun a pilot
project to increase home ownership in the Old North End through affordable
housing and community investment. The developments being proposed by this
group are compatible with the existing neighbourhood and would be better
facilitated by the application of "RM -IF" zone standards, as would other
development and rehabilitation projects which will hopefully become more
numerous.
Rezoning appropriate residential areas in the Old North End from "RM -1" Three
Storey Multiple Residential and "RM -2" High Rise Multiple Residential to "RM-
IF" would better facilitate re- development and ensure that physical reinvestment
in the community is sensitive to the historic context, site layout, building form
and architectural details of the Old North End neighbourhoods. Existing mixed -
use buildings with institutional, industrial or commercial zoning would retain
their existing zoning as would newer residential developments more suited to
"RM -1" Three Storey Multiple Residential zoning standards.
RECOMMENDATION:
It is recommended that Common Council refer the matter to the Planning
Advisory Committee for review and recommendation and schedule a Public
Hearing for May 7, 2007 to consider the proposed rezoning of various properties
in the Old North End to the "RM -IF" Multiple Residential Infill zone.
Respectfully submitted,
Jim R. Baird, MCIP
Commissioner
Planning and Development
Terrence Totten, C.A.
City Manager
SKH
Project No. 07 -109
REPORT TO COMMON COUNCIL
M & C 2007 -65
March 22, 2007
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Winter Sidewalk Service
71r � I
The City of Saint john
Staff have prepared a report on the subject of the winter sidewalk service. It would be intended
to make a presentation to Council on a subject that needs adequate time to understand the many
factors that influence service delivery.
The purpose of the report will be to review the current sidewalk snow control service, to
comment on factors that influence delivery, and to outline opportunities to enhance quality and
management of the service.
Presentation of the report will be scheduled for the meeting of April 10, 2007, subject to
Council's concurrence.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
M &C 2007 -056
March 20, 2007
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Public Hearing Dates
440 -458 Rothesay Avenue (Rear), 1967 Manawagonish Road
and 2117 Loch Lomond Road
BACKGROUND:
As provided in Common Council's resolution of August 3, 2004, this report
indicates the Rezoning and Section 39 applications received and recommends an
appropriate public hearing date.
The full applications are available in the Common Clerk's office and will form
part of the documentation presented at the Public Hearing.
The following applications have been received.
Name of
Applicant
Location
Existing
Zone
Proposed
Zone
Reason
Haldor (1972) Ltd.
440 -458
"R -2"
"I -l"
To permit
Rothesay
expansion of
Ave. (Rear)
car sales lot
Fundy View
1967 Mana-
"R -IA"
"TH"
To permit a
Estates Inc.
wagonish Rd.
townhouse
development
Patricia Cormier
2117 Loch
"RS -1M"
Sec. 39
To permit a
Lomond Rd.
mobile home
Report to Common Council
March 20, 2007
RECOMMENDATION:
Page 2
That Common Council schedule the Public Hearings for the rezoning applications
of Haldor (1972) Ltd. (Rear of 440 -458 Rothesay Avenue), Fundy View Estates
Inc. (1967 Manawagonish Road), and the Section 39 amendment application of
Patricia Cormier (2117 Loch Lomond Road) for Monday, April 23, 2007 at 7:00
p.m. in the Council Chamber.
Respectfully submitted,
Jim R. Baird, MCIP
Commissioner
Planning and Development
Terrence Totten, F.C.A.
City Manager
M & C — 2007- 68
March 22, 2007
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT: THREE- DIMENSIONAL VISUALIZATION
As applications for rezoning for major development are received by the City, it is
important to take into account the public's concerns. It is also important to weigh all
pertinent information before making a decision. Elevation information can often be of
critical importance in order to grasp the impact of a proposed development. Recent
technology advances now allow us to visualize elevation data in three dimensions. This
allows the public, as well as decision - makers, to get a better understanding of what the
project will look like, from all angles, once completed.
There are numerous 3D modeling and visualization software applications available
ranging in price from free to several thousand dollars, depending on the level of
functionality. More sophisticated software packages allow the addition of building detail
so that buildings are not simply depicted as sterile boxes. The cost, accuracy and
functionality of various software options are being reviewed. There are also some
consulting firms that specialize in creating 3D visualizations. Consulting firm costs vary
wildly depending on the firm and on numerous factors, such as project scale and
timeframe. It is important to understand that whatever the software functionality or the
consulting firm expertise, no visualization is possible without the terrain and building
elevation data (height above mean sea level).
While developers usually provide elevation data for their proposed development, in order
to get a true sense of the project's impact, accurate elevation data is also needed for the
surrounding terrain and buildings. The City currently has very good terrain elevation
data for the entire City. This data was acquired as part of the 2004 and 2006 aerial
photography projects, as terrain elevation data is necessary in order to create orthophotos.
However, the City does not currently have elevation data for buildings.
Staff are presently investigating two methods for acquiring building elevations; the first
being by Photogrammetry while the second being by LIDAR (light detection and
ranging).
Report to Council
March 22, 2007
Additional information, including costs, will be brought forward once Staff have
completed this evaluation process.
Respectfully submitted,
Jim R. Baird, MCIP
Commissioner
Planning and Development
Terrence Totten, F.C.A.
City Manager
YL
Page 2.
J ` March 23, 2007
REPORT TO COMMON COUNCIL
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: BRUNSWICK PIPELINE
ENDOWMENT AND OTHER COMMITMENTS
Attached, please find correspondence recently received by the City Manager from
Brunswick Pipeline. This correspondence, also forwarded to the Saint John Horticultural
Association is intended to put in writing1and in a formal waythe verbal commitment
made by Mr. Robin McAdam, President of Brunswick Pipeline, during a presentation to
Common Council in 2006.
RECOMMENDATION:
That the correspondence be received and filed and that the Common Clerk send the
appropriate acknowledgement that the correspondence has been received by the Common
Terrence L. Totten, FCA
CITY MANAGER
enc.
6 0?4r
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E2L 4L1 1 wwwsain4ohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
BRUNSWIC PIPELINE
An Emera Company
March 9, 2007
Terry Totten
City Manager, City of Saint John
15 Market Square
Saint John, NB E2L 4L1
P.O. BOX 910 1894 BARRINGTON STREET Office: 902.450.0507
HALIFAX, NOVA SCOTIA HALIFAX, NOVA SCOTIA Toll Free: 1.888.450.0507
CANADA B3J 2W5 CANADA 931 2AB Fax: 902.428.6104
www.brunswickpipeline.com
Ian Stead
President, The Saint John Horticultural Association
P.O. Box 535
Saint John, NB E2L 3Z8
Dear Mr. Totten and Mr. Stead:
Re: Endowment and Other Commitments
On behalf of Emera Brunswick Pipeline Company Limited (`Brunswick Pipeline "), I wish to
confirm our commitment to provide an endowment to the City of Saint John (the "City ") and the
Saint John Horticultural Association ( "SJHA ") as well as various other commitments regarding
the proposed Brunswick Pipeline and Rockwood Park. This letter confirms and outlines the
terms of the commitments as previously discussed with representatives of the City and the SJHA.
Brunswick Pipeline appreciates the opportunity to work with the City and the SJHA and build a
long -term partnership. Through the efforts of both parties we have come to appreciate the
importance of Rockwood Park to Saint John area residents and its attraction for visitors to the
City. The capacity of Rockwood Park to provide year -round recreation and refuge to young and
old alike, regardless of financial means, makes it a vital community asset.
The public hearing before the National Energy Board respecting the Brunswick Pipeline has
concluded, and we expect to receive a decision on our application by mid 2007. Following
receipt of a decision by the National Energy Board and ultimately Governor in Council,
Brunswick Pipeline will make its decision on whether to proceed with the Brunswick Pipeline
project. In the event the National Energy Board approves Brunswick Pipeline's preferred
corridor following an existing electric transmission line through Rockwood Park, and Brunswick
Pipeline decides to proceed with the construction of the natural gas pipeline in that corridor,
Brunswick Pipeline makes the following commitments:
1. Brunswick Pipeline will work with the City to develop a construction plan for the natural
gas pipeline within Rockwood Park. The plan will address procedures for activities such
as clearing, environmental impact mitigation, blasting, pipe handling, pipe lay,
communications with Park stakeholders and traffic management as required on adjacent
streets. The City undertakes to keep SJHA fully informed of these activities and plans
Terry Totten and IanStead
March 9, 2007
Page 2
2. Brunswick Pipeline will work with the City to develop a restoration and maintenance
plan and maintenance standards for the pipeline Right of Way (ROW) and specifically a
trail suitable for walking/biking on that ROW as well as a re- vegetation strategy.
Brunswick Pipeline will be responsible for the ongoing maintenance of the ROW trail.
3. Brunswick Pipeline will work with the City to develop a plan for graveled parking lots
that will facilitate access by users of Rockwood Park to the ROW trail at both the east
and west ends. Brunswick Pipeline will be responsible for the construction of the parking
lots but will not be responsible for the ongoing maintenance of these parking lots.
4. Brunswick Pipeline will, in the event that the natural gas pipeline is decommissioned,
consult with the SJHA and the City on the decommissioning plan and process,
recognizing that any such decommissioning would be conducted in compliance with all
applicable laws and regulations.
5. Brunswick Pipeline will provide the City with $2.15 million to fund specific capital
projects within Rockwood Park. Brunswick Pipeline understands that the City and the
SJHA will work cooperatively in an effort to ensure that these funds are invested in
specific projects that meet the aspirations of both the City and the SJHA, given that both
parties have indicated that improvements to the entrance and establishing linkages
between the public gardens, the campground, the Interpretation Center and the Pavilion
are priority items. Of this amount, not less than 51,000.000 will be invested on
improvements required to improve vehicular and pedestrian access to the Pavilion and the
Park generally. These projects may include:
road modifications to rectify either the grade differential between the entrance
to the Lilly Lake Pavilion and the adjacent roadway /parking area or
redesigning the road network and parking areas prior to actually entering the
Park
- landscape improvements to the Campground with the principal objective of
making it "greener"
improvements to the walking /lookoff trail that connects the Campground
entrance to the Rockwood Park entrance via the ridge on the southern side of
the Park
- improvements to the Saint John Horticultural gardens
completion of the TransCanada walking trail
Brunswick Pipeline understands that the City and SJHA are undertaking planning and
costing work on these projects and will review the results with Brunswick Pipeline in
advance of proceeding with the associated work. It is important to Brunswick Pipeline
that the projects it supports are completed to a standard that speaks well of both
Brunswick Pipeline and the facilities themselves.
The monies for these projects will be payable within 45 days following Brunswick
Pipeline confirming that it intends to proceed to construct the natural gas pipeline.
Terry Totten and IanStead
March 9, 2007
Page 3
6. Brunswick Pipeline will establish a trust fund in the amount of $2 million, with the
intention being to provide a lasting benefit through an ongoing source of income for the
operation of SJHA. The terms of reference of the trust will be discussed with the City and
with the SJHA. The trust fund will be established within 45 days of Brunswick Pipeline
confirming that it intends to proceed to construct the Brunswick Pipeline.
7, Brunswick Pipeline will provide, in addition to the funds referred to above, the amount of
$1.2 million to the City, with the intention that such funds be used to support recreation
infrastructure projects. This funding will be provided on the later of 45 days following
Brunswick Pipeline confirming that it intends to proceed to construct the Brunswick
Pipeline project and 45 days following Council approval of a plan for expenditure of the
funds. While the decision on expenditure is at the sole discretion of the City, we
understand that the City will consult with Brunswick Pipeline, recognizing that the
nature, scope and quality of projects to be funded are of importance to Brunswick
Pipeline.
Brunswick Pipeline also wishes to confirm its understanding that recognition of Brunswick
Pipeline and Repsol for any or all of the commitments referred to above, and in particular those
set out in paragraphs 5, 6 and 7, will be agreed to between the City, SJHA, Brunswick Pipeline
and Repsol.
Brunswick Pipeline appreciates the opportunity to continue working with and supporting the City
and SJHA on these initiatives and bringing them to fruition. We look forward to forging a long-
term community partnership.
Yours truly,
Robin McAdam
President
Brunswick Pipeline
REPORT TO COMMON COUNCIL
� 13
o—
REPORT TO COMMON COUNCIL
M &C # 2007-
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: PARCEL K
BACKGROUND:
The City of Saint John
In November of 2006, Common Council approved a new lease with respect to the City's
tenancy in this building. Included in that document, which the Mayor and Common
Clerk have executed, was a requirement of the City of Saint John to purchase what is
described as Parcel "K ". Parcel "K" is the piece of property upon which rests a portion
of the pedway linking City Hall to both Market Square and the Aquatic Center.
Previous to the execution on the new lease, the City of Saint John was paying an annual
lease payment of $5,000.00 for this property as well as an access fee to City Hall of
$1,320.00 per year. With the purchase of this property at fair market value ($78,000) as
agreed to and required in the original lease, the City will no longer be responsible for
those costs and will have clear title to the lands on which the pedway rests.
Unfortunately, the lease negotiations had taken a considerable length of time. Although
the lease was dated November 30, 2007, the clause related to Parcel K indicated the
closing date to be June 2006, an obvious oversight.
INPUT FROM OTHER SOURCES:
Staff of the Legal Department have requested that the Common Council adopt the
following resolution in order that the intention of Common Council, to purchase Parcel K
be confirmed.
Report to Common Council
Subject: Parcel K
RECOMMENDATION:
Page 2
That the City of Saint John acquire the fee simple interest in parcel K from 058854 N.B.
Limited and Se -Fish Associates Limited for the purchase price of $78,000.00 subjcct to
to be on or before October 31, 2007.
Terrence L. Totten, FCA
CITY MANAGER
979 Manawagonish Rd.
Saint John, N. B.
l E2M 3X2
March 12, 2007
Mayor Norm McFarlane and Council
City of Saint John
P.O. Box 1971
Saint John, N. B.
E2L 4L 1
Your Worship and Councillors:
The St. Rose School Playground Committee has been very successful in attaining a very
beautiful play space beside St. Rose School. However, we are not done yet. There is one
phase of the playground left to complete. The final phase will address the issue of
accessibility and a copy of our plan is attached to this letter. It is hoped that Common
Council can assist us with the completion of this endeavour through a donation from the
Land for Public Purposes Fund in the amount of $5,000, or through other budget sources
you may have that help support accessibility issues in public areas.
St. Rose School is the only fully accessible elementary school in west Saint John.
Presently, we have three children who attend our school that utilize wheelchairs. These
three students come from other parts of the city to attend our school, as they do not have
an accessible school in their area. We feel it is vital that this beautiful, new playground
should be utilized by all the children. That is why we would like to see the addition of an
accessible ramp and detached, accessible, multi - sensory components that would make
this playground complete.
We have raised just over $10,000 to date through various fundraisers and including a
generous contribution from School District 8 (see attached letter). It is our intention to
have the final phase in place during the months of May or June, 2007. In addition to
their donation, School District 8 has agreed to save us the tax and provide all the
necessary ground preparation work as well.
We hope that the City of Saint John will support this worthy cause. If you have any
questions, please don't hesitate to contact me at 672 -1354.
Sincerely,
Kelly Cam ,
Chair, St. Rose School
Playground Committee
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www.bl Lie IMP. coill
February 28, 2007
St. Rose School
700 Manawagonish Road
Saint John, NB
E2M 3W5
Attn: Kelly Campbell
saIevs blueimp.com
Name of Project: St. Rose Playground Phase 3
Item No. C�yt Description
V06022R2P3 1 Wheelchair Ramp, Landing and Freestanding
Apparatus
Installation
Shipping (Medicine Hat, AB to Etobicoke, ON)
Shipping (Etobicoke, ON to Saint John, NB)
Subtotal
14% HST /GST
Total Cost
e
BLUV�IMP-
p i a y
Amount
$ 15,914.00
$ 3,400.00
No Charge
$. 960.00
$ 20,274.00
3 2838.36
$23,112.36
All installation prices are quoted for normal ground conditions. Fundy Fencing Ltd. reserves the right to
renegotiate contracts if abnormal ground conditions are determined during installation. All prices are based on
a clear, clean and level site, prepared to recommended space requirements. Fundy Fencing reserves the right
to renegotiate contracts if additional site preparation is required, unless otherwise agreed upon in the
Quotation.
To place this order, please sign and return by fax to (506) 633 -0625:
Signature of Acceptance:
Print Name:
This Quotation is valid until December 31, 2007.
Position:
Date:
Fundy Fencing Ltd. C'� 1954 Manawagonish Road Salnt John, NB C' E2M 5H5
Toll Free: 1- 800 -260 -3662 C Local; 1.506-634 -1433 Fax: 1- 506 -633.0625
fundyfen @nbnet.nb.ca www.bluaimp.com
s �y
THE POWER OF EbUCA7I0N
Mrs. Kelly Campbell
979 Manawagonish Road
Saint John, N.B.
E2M 3X2
Dear Kelly:
School bistrict 8 • District Educal ion Courici!
490 Woodward Avenue. • Saint john, NP, E2K 5N3
Tel 506.658.5300 • Fax 706.658,5349 • www.district8.nbed.nt.ca
February 1, 2007
Thank you for your Ietter dated December 19, 2006, in which you provided me with
details in regard to phase 3 of the St. Rose Playground project. I am ver;r pleased to
inform you that, in addition to the normal contribution of ground preparation for new
playgrounds, the school district will be able to assist financially in the amount of $5000
to this project. 1 am very pleased that this phase of the project will deal specifically with
malting a portion of the playground fully wheel chair accessible.
1 trust this letter will aid in your committee's search for funding. As you are undoubtedly
aware, funds for these types of endeavors are very limited through our regular school
budgets. It is organizations such as yours who contribute immensely to helping us achieve
our many objectives.
Yours truly,
Christopher A. Toole
Director
Finance and Administrative Services
Copies: Jeff Legere, Manager — Budget and Accounting
Gerry Boyce, Manager, Facilities
Patrick O'Leary, Principal, St.Rose School
Mayor McFarlane and Members of Common Council
City of Saint John
15 Market Square
P.O. Box 1971
Saint John, NB E21- 4L1
R.M. (Bob) Manning
44 Chipman Hill, Suite 1400
Saint John, NB E2L 2A9
March 22, 2007
Re: Request for time on Common Council Agenda (April 10, 2007) - Saint John Multiplex
Recreational /Sporting Facility Project: Needs Confirmation Study presentation
Dear Mayor McFarlane & Members of Common Council;
On behalf of the Saint John Multiplex Recreational /Sporting Facility Project (Multiplex Project) working
committee, I am writing to request time on the agenda of the Common Council session of April 10, 2007.
As requested by Common Council, our committee has been working closely with an outside recreational
consultant, dmA Planning & Management Services, to assess the need for a Multiplex Community Centre
for the Greater Saint John region. The assessment has been completed and we will be in a position to
report our findings back to Council at your earliest convenience. The intent is to provide the entire report
to Council in advance of the April le Common Council meeting and have a PowerPoint presentation that
summarizes the findings during the Council session.
I look forward to hearing back from you regarding this request. If you have any questions regarding the
request, please feel free to con me at (506) 649 -6400.
Sinc e9l,R. Manning
Chair, Saint John Multiplex
Recreation /Sporting Facility Project
(506) 649 -6400 phone 1 (5 06) 649 -6410 fax I bob.manning @omg.ca I www.omg.ca
SAINT JOHN PORT AUTHORITY
'W SAINT JOHN
ADMINISTRATION PORTUAIRE DE SAINT JOHN
Navigating Growth
Brief to Common Council
Our Vision
To make the Port of Saint John the
Atlantic Canadian centre of marine
activity linking North America
to the world!
SAINT 10HN POILT AUTHORITY
P*SAIrWrJOHN
.Aniiva�sta,57icx+a kaifrLeiaei5� S.�iirrinwN. .. .
Our Attributes
• Deep water
• Diverse well- equipped facilities
• Rail options
• Direct highway access
• North -south trade advantage
• Closest Atlantic Canadian port to inland
markets
• Direct access to the New England market and
access to the US hinterland
• Three industrial parks in proximity to the port
Cruise Season 2007
• 55 ship calls — 1.3.8000
passengers
• Seven Carnival cruises
exclusive to Saint John
• Double & triple call days
• Improvements at Long Wharf
• Pugsley Cruise Terminal
building
SAltg Mkt 4 PcikT A!!' 14ORI TY
P* SAINT J0EiN
ALWiNisTuTION PM,wRI tt wNr is "'M
Long Wharf Improvements
• Demolition of shed
• Resurfacing and paving
New tent to serve as a
welcome centre
dockside market
Creation of a well -laid out
ground transportation area
Implementation of
appropriate security
measures to provide safe
and secure access for
visitors and meet
international requirements
SA1tlC cSI�w Pbk`Y AV11 4AITY
Zrr
Y* SAINT JOHN
srrurr��snunox Pcar{ruuars DF SAM (Otfti
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INS
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Break Bulk Highlights
AV Nackawic rayon pulp
• Expanded Indotrans service
• Increased export of paperboard to South
American markets.
Bulk Highlights
Introduction of Petcoke as a fuel source for
Coleson Cove
• Potash and salt exports
• LNG terminal development
SAINT JOHN PORT AtT°t'HORIT'Y q'
'*' SAINTaHry
Container Highlights
• Priority on expanding container business
• RFP for Rodney Terminal
• Our fit in the container world
— North -south advantage
— Niche markets
• Future strategic trading partners
5AINT IOHN PORT AUTHORITY
f .� -
'�".S;AINT J OHN
Atfx+a+�trcxr R:ana.nir�i o-r. s�c�; F Jcar�K .
Future Strategic Trading Partners
• N"R ImDorts aDd FxDorts
• North/South Trade Corridor
US East Coast and Caribbean
— South America
• India
S,UNT jt klN PORT AlliliOWTY
SAINT j 0 H N
IA,Wi say
D iversification
• Autoterm - receives and distributes new
vehicles to Atlantic Canada.
• The Floating Pipe Company
— Import steel pipe
—
On-dock fabrication of gas transportation modules
— Fitting out ships
• The Cruise dockside market - proven to be a
successful component of our cruise program
which is well received by our visitors
WWI' JOHN PO$LT AUTHORITY
_ SAI.NTITjOnx
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Port Saint John
Rail Lines
Roads
Buildings
ORT
Arax4m.S'rkxTicxa Y' MIA ttM roc i,v NT jn=fhl
Five Year Objectives
Double throughput at port facilities:
• 2 million tonnes of bulk cargo
• 1 million tonnes of break bulk cargo
• 500,000 tonnes of containerized cargo
• 200,000 cruise passengers /year
SAi.N'r JOHN PORT ACpTHORITY
rim
_. . SAINT JOHN.
kE3AalNtS7!lu'fla#J f'oR7RrAiRE tXt �AILrr Jal�x
•''" ,. Via. RA
A
Atlantic Gateway Initiative
• A system of marine, road, rail and air transportation
infrastruC-ture- Ofnatie 1 c i an i fi c 2 n f^rt€- latioma l
commerce within a defined geographic zone
— Port, airports, rail, road, highways and bridges and even public
transportation
• SJPA initiated strategy for gateway development
• Need to organize as a region, develop and prioritize
objectives in the area of transportation, reach a
consensus and make the case for Saint John
5AI ' 4Ei'� Paac r Aerrr�o o ry
PSAINT fOHN ..
Aar itvcsrpant3ve ihsMAIRE¢e PC &Wr JaH
Working Together
• Cruise marketing
• Welcome of Marquee calls
• Participate in trade development missions
• Partner with stakeholders to attract a distribution
centre to Saint John
• Develop Saint John gateway strategy
Sawn 0",4 PORT At'T ioftm
P* SAINT JOHN
DMIN
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- ' SfAXFfQ3& Pri1fR7A1kE- iYE SAiN7','(LIF:lN
REPORT TO COMMON COUNCIL
q " a
March 22, 2007 The City of samc John
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Members of Common Council:
SUBJECT: Presentation by Citizens Advisory Committee on Community
Vision Project
Attached for your information is a copy of a presentation on the Community
Vision Project. Frangois Beaulieu, Chairperson of the Citizens Advisory Group,
will make this presentation during the meeting of Saint John Common Council
scheduled for March 26, 2007.
Respectfully submitted,
Kim Graham
Vision 2015 Program Manager
I /
citizekts Advisorq Group
Ch—WAaryo —p
■ Our goals are to develop a
❑Community Vision for Saint John;
❑The goals necessary to attain this vision; and
❑Sustainability Principles.
crop. MrUM 6ro p
1
■A community developed and owned Vision
and goals
■ Preparing for growth in Saint John
■ Working towards a sustainable community
CNlpnp MhpryGropp
■A blueprint for changes to the City's
governance model
• Goals will provide the direction for
strategic planning
• Help the City design and deliver services
chb—M.I. "0nrp
• Looking 100 years into the future
■Community wide consultation
■Whole systems approach to plan
development
CAIrm.AlrNOry GOUp --
• Environment Committee leading this work
• Research existing principles
■Adapt principles for our community
■Guidance in decision - making
CAM.r Mrkery6reip
2
■ Research and training on Sustainable
Communities
■A plan to communicate the message
■ Best ways to get feedback from our
community
CK1—. MftM Om',p
• Look for our Launch in April
■Information to Common Council
LMVrn MvwOry Group
c�avyc✓t"PtGtb viszorn, Pt
3
Application for a Zoning By -law Amendment
Demande de modification A 1'arret6 sur le nonage
Applicant Related Information / Renseignements sur le demandeur
Name of Applicant / Nom du demandeur �-
Mailing Address of applicant / Addresse postale du demandeur f
Postal Code / Code postal 7
Telephone Number / Num6ro de tdldphme
Home / Domicile _ rj /�fZt f- Work / Travail
Fax Number / Num6ro de tkl$copieur iC/ rg
Name of Property Owner (if different) / Nom du propridtaim (si different)
14 Mz
Address / Adresse -� Postal Code / Code postal
Property Information / Renseignements sur la proprietk
Location / Emplacement '~v Tf / �' S5_16` 6 6_6
Civic # No de voirie Street / Rue PID / NIP
Lot Area / Superficie du lot % /n / Sit Frontage / Fagade sur rue W /�/Q , _5W
Existing Use of Property/ Utilisation actuelle de la propridtd
Municipal Plan land Use Designation
Designation de utilization des terres sur le plan municipal w 5
Amendment Requested / Modification demand&
Present Zoning / Zonage actuel
g Change Zoning to / Modification du zonage d -'
and/or / ou
❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les Mails)
Development Proposal / Proposition d'aminagement
Description of Proposal / Description de la proposition
You must provide a scaled site plan that illustrates
your proposal. You may also provide
photographs, building plans, elevation drawings
and any other form of information. The plan must
show the dimensions of the property the location
of all buildings, driveways, parking areas,
landscaping and signs. It is important that the
distance between the property boundary and
buildings are shown.
Vous devez fournir un plan du site a 1'echelle illusrrant votre
proposition. Mous pouvez igalement fournir des
photographies, des plans de bdtiment, des dessins de plan
&Mvation et toute autre forme de renseignement. Le plan
dolt indiquer les dimensions de la propri &6, 1'emplacement de
la totalite des bdtiments, des allees, des acres de
stationnement, des am6nagements paysagers et des panneaux
de signalisation. Il est important d'indiquer la distance entre
les limites de la propriMI et les batiments.
Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concern= votre proposition
qui pourrait We approuv6es.
--7)
Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre
proposition qui poumait 8tre utile.
Signature of Applicant / Signature du demandeur
131
$400 Application Fee Enclosed / Ci-joirrt les frais de demande de 400 5
If you are not the owner of the land in question Si vaus n'Jtes pas le proprietaire du terrain en question,
please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dans la partie
the owner is authorizing this application to proceed ci- dessous. La signature du proprietaire autorisant le
for consideration by Common Council. traitement de la presente demande pour que cette derniere
soft examinee par le conseil communal.
Signature of Owner (if applicable)
Signature due propri6taire (s'il y a lieu)
Date:
1
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PAN Information
PAN: 1584219
Assessed Owner(s): FUDGE,GRACE EILEEN
Assessment Year:
2006
Current Assessment:
$107,300
Location:
25 -27 EDITH AVE
Property Description:
4 UNIT APT BLDG & LOT
Property Type Code:
125
Taxing Authority Code:
550
Taxing Authority
City of /Cit6 de Saint John
Description:
Sequence Number:
D010
Harmonization:
COMPLETED (One to one
match of parcels )
PID: 55166656.
More PID(s): No
Status:
Mailing Address
Postal Code:
Current Levy:
County:
Tax Class:
Property Type Name:
Neighborhood Code:
Neighborhood
Description:
Sub Unit:
Farm Land
Identification Program:
PID (2nd):
Open
156 LEINSTER ST SAINT JOHN
NB
E21- 1G5
$3,610,65
St. John
Fully Taxable
17
BAYSIDE DRIVE AND
COURTENAY BAY HEIGHTS
0
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Back • Home • Help • Problem Report
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PROPOSED ZONING BY -LAW
AMENDMENT
RE: 25 -27 EDITH AVENUE
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, March 26, 2007 at
7:00 p.m., by:
Rezoning a parcel of land located at 25 -27 Edith
Avenue, having an area of approximately 1265
square metres, also identified as PID No.
55166656, from "R -2" One and Two Family
Residential to "R -4" Four Family Residential.
REASON FOR CHANGE:
To recognize an existing four - family dwelling as a
permitted use.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Planning and
Development, City Hall, 15 Market Square, Saint
John, N.B. between the hours of 8:30 a.m. and 4:30
p.m., Monday through Friday, inclusive, holidays
excepted.
Written objections to the amendment may be sent
to the undersigned at City Hall.
J. Patrick Woods, Common Clerk
658 -2862
PROJET DE MODIFICATION DE L'ARRETE
SUR LE ZONAGE
OBJET: 25 -27, AVENUE EDITH
Avis public est donne, par la prdsente, que le
conseil communal de The City of Saint John a
l'intention d'6tudier la modification suivante de
l'arretd sur le zonage de The City of Saint John, au
cours de la reunion ordinaire du Conseil prdvue le
lundi 26 mars 2007 a 19 h dans la salle du Conseil:
Rezonage d'une parcelle de terrain d'une
superficie approximative de 1 265 metres carr6s,
situ6e au 25 -27, avenue Edith, et identifi6e sous le
N1D 55166656, de zone rdsidentielle —
habitations unifamiliales et bifamiliales «R -2» a
zone residentielle — habitations de quatre
logements <<R -4».
RAISON DE LA MODIFICATION:
Reconnaitre l'utilisation d'un ddifice a quatre
logements existant.
Toute personne int6ress6e peut examiner le projet
de modification au bureau du greffxer communal ou
au bureau de 1'urbanisme et du d6veloppement a
Fh6tel 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 ecrit a 1'attention du soussign6 A
Ph6tel de ville.
J. Patrick Woods, Greffier communal
658 -2862
PROPOSED ZONING BY -LAW AMENDMENT
RE: 25 -27 EDITH AVENUE
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, March 26, 2007 at 7:00 p.m., by:
Rezoning a parcel of land located at 25 -27 Edith Avenue, having an area of approximately 1265 square
metres, also identified as PID No. 55166656, from 11R -2" One and Two Family Residential to 11R -4"
Four Family Residential.
REASON FOR CHANGE:
To recognize an existing four - family dwelling as a permitted use.
The proposed amendment may be inspected by any interested person at the office of the Common Clerk,
or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B, between the
hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to the undersigned at City Hall.
J. Patrick Woods, Common Clerk
658 -2862
PROJET DE MODIFICATION DE L'ARRRTE SUR LE ZONAGE
OBJET: 25-27, AVENUE EDITH
Avis public est donnd, par la prdsente, que le conseil communal de The City of Saint John a i'intention
d'6tudier la modification suivante de Parretti sur le zonage de The City of Saint John, au cours de la
reunion ordinaire du conseil prdvue le lundi 26 mars 2007 a 19 b dans la salle du conseil:
Rezonage d'une parcelle de terrain d'une superficie approximative de 1 265 metres carrels, situde au 25-
27, avenue Edith, et identifiee sous le NID 55166656, de zone r6sidentielle -- habitations unifamiliales
et bifamiliales <<R -2» a zone r6sidentielle — habitations de quatre logements <<R -4».
RAISON DE LA MODIFICATION:
Reconnaitre l'utilisation d'un ddifice a quatre logements existant.
Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au
bureau de l'urbanisme et du ddveloppement 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 feries_
Veuillez faire parvenir vos objections au projet de modification par dcrit a 1'attention du soussignd a
1'h6tel de ville.
J. Patrick Woods, Greffier communal
658 -2862
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Bud et Number: 110 0801 442 2010
Department: Common Clerk's Office (Account # 71206)
Contact: J. Patrick Woods
Phone: (506) 658 -2862
Fax: (506) 674 -4214
Special Instructions (if any):
Newspaper Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
" SJTJ City Information Ad
SJTJ Independent Placement
- SJTJ Classifieds
Date(s): Tuesday, February 27, 2007
Tuesday, March 20, 2007
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline: ❑ General Notice ❑ Tender [] Proposal
❑x Public Notice
Sub - Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact:
Telephone: (506) 658 -2862
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:
ARRS,T#, No C.P. 110-
ARR9Tlk MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lots d'une r6union du Conseil
communal, The City of Saint John a
d6cret6 ce 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, d6cr&6 le dix -neuf (19)
December, A.D. 2005, is amended by: d6cembre 2005, est modifie par:
1 Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land located at 25 -27
Edith Avenue, having an area of
approximately 1265 square metres, also
identified as PID number 55166656, from
"R -2" One and Two Family Residential to
"R4" Four Family Residential
- all as shown on the plan attached hereto
and forming part of this by -law.
IN WITNESS 'WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by -law the * day of *, A.D. 2007
and signed by:
Mayor/Maire
1 La modification de 1'annexe «A>>,
Plan de zonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle de terrain dune superficie
approximative de 1 265 metres carr6s,
situee au 25 -27, avenue Edith, et identifies
sous le NID 55166656, de zone
r6sidentielle — habitations unifamiliales et
bifamiliales «R -2» a zone r6sidentielle —
habitations de quatre logements «R -4»
- toutes les modifications sont indiqu6es sur
le plan ci joint et font partie du present
arret6.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
pr6sent arret6 le 2007,
avec les signatures suivantes :
Common Clerk/Greffier communal
First Reading - Premiere lecture
Second Reading - Deuxi6me lecture
Third Reading - Troisi6me lecture
March 21, 2007
Your Worship and Councillors:
SUBJECT: Proposed Rezoning
25 -27 Edith Avenue
On February 26, 2007 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its March 20, 2007 meeting.
Mr. Ian Swanton attended the meeting and addressed the Committee on behalf of
the applicant. Mr. Swanton expressed agreement with the recommendation in the
report. No other persons addressed the Committee and no letters were received.
After considering the matter, the Committee resolved to recommend that the
proposed rezoning be approved.
RECOMMENDATION:
That Common Council rezone a parcel of land located at 25 -27 Edith Avenue,
having an area of approximately 1265 square metres, also identified as PID No.
55166656, from "R -2" One and Two Family Residential to "R -4" Four Family
Residential.
Respectfully submitted,
Stephen Horgan
Chairman
RGP /r
Attachments
Project No. 07 -055
DATE:
MARCH 16, 2007
TO:
PLANNING ADVISORY COMMITTEE
FROM:
PLANNING AND DEVELOPMENT
FOR:
MEETING OF MARCH 20, 2007
Randall G. Pollock, MCIP
Planner
SUBJECT:
Name of Applicant: Eileen Fudge
Name of Owner: Eileen Fudge
Location: 25 -27 Edith Avenue
PID: 55166656
Municipal Plan: Low Density Residential
Zoning: Existing: "R -2" One and Two Family Residential
Proposed: "R -4" Four Family Residential
Proposal: To recognize an existing four - family dwelling as a permitted
use
Type of Application: Rezoning
JURISDICTION OF COMMITTEE:
Eileen Fudge Page 2
25 -27 Edith Avenue March 16, 2007
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, March 26, 2007.
STAFF RECOMMENDATION TO COMMITTEE:
That Common Council rezone a parcel of land located at 25 -27 Edith Avenue, having an area of
approximately 1265 square metres, also identified as PID No. 55166656, from "R -2" One and
Two Family Residential to "R -4" Four Family Residential.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objection.
Building and Technical Services has no objection to the rezoning. The building was inspected
recently and appears to have had four units for many years. While there are some minimum
standards issues due to the age of the building, there are no serious problems. The department will
work with the new owner to have the existing deficiencies corrected.
Saint John Transit has no objection.
Fire Department has no objection. The department will be conducting a full fire inspection of the
property as a result of the information included in the proposal.
ANALYSIS:
Site and Neighbourhood
The subject site is located on the north side of Edith Avenue, between Bayside Drive and Richard
Street, in East Saint John. This is an older residential neighbourhood containing mainly one and
two - family dwellings on urban -sized lots. The property abuts a small side street (Willow Place)
that leads a residential property directly to the north, beyond which is a City park. A church is
located across Edith Avenue from the site.
The site itself has a frontage of approximately 43 metres (140 feet) on Edith Avenue and a depth
of approximately 30 metres (98 feet). Compared to most other residential properties in the
neighbourhood, the subject site is substantially larger, having a total area of approximately 1265
square metres (0.3 acres). The property contains a large older two - storey frame house placed at a
45- degree angle to the street, with the front facing toward the City park and Bayside Drive. Based
on the age, location and orientation of the building, it appears to predate the laying out of the East
Eileen Fudge
25 -27 Edith Avenue
Page 3
March 16, 2007
Saint John subdivision in the early 1900s. It appears to have been built as a two - family dwelling,
but currently contains four dwelling units.
History of the Use of the Property
The Planning and Development Department's property files, which extend back to 1979, do not
contain any information to indicate when the building on the site became a four - family dwelling.
According to the applicant, the building had four units when she purchased it in 1991. The
Buildings and Inspection Services Department's index of building permits, which starts with 1967
for Edith Avenue, records a permit issued in 1970 to apply aluminum siding to an existing four -
family dwelling. Permit records for the period prior to 1967, if they still exist, are difficult to
locate as this neighbourhood of East Saint John was in the Parish of Simonds at that time.
However, the earliest city directory for greater Saint John in the Planning and Development
Department's collection indicates four families living at this location in 1956. It therefore would
appear that the building has been arranged and used as a four family dwelling for at least fifty
years.
Proposed Rezoning
The present owner is in the process of selling the property and, as a result of a recent request for
confirmation of the zoning, the conflict between the use and the present zoning came to light.
The present owner has now submitted an application to rezone the site from the present "R -2"
One and Two Family Residential zone to "R -4" Four Family Residential. The proposed rezoning,
if approved by Common Council, would recognize the existing four - family dwelling as a
permitted use. No other changes to the use or the site are proposed.
As noted above, this is a large older house on a large lot that can easily accommodate four
dwelling units. The existence of the additional units for at least 50 years, with no record of any
formal complaints, suggests that the use of the property has not caused any major land use
conflicts in the neighbourhood. The required off - street parking for five vehicles (1.25 spaces per
dwelling unit) can also be accommodated within the two existing driveways. Given these
observations, approval of the proposed rezoning can be recommended.
RGP /r
Project No. 07 -055
PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT
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PID(s) /NIP(s):
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Location: 25 -27, avenue Edith Avenue
Date: February 21 Wrier 2007
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PROPOSED ZONING BY -LAW
AMENDMENT
RE: HEIGHT STANDARDS IN THE "RSS"
ONE FAMILY SERIVCED SUBURBAN
RESIDENTIAL ZONE
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, March 26, 2007 at
7:00 p.m., by:
1. Amending Section 150(2)(g) by increasing
the maximum permitted height in an "RSS"
One Family Serviced Suburban Residential
zone from 9 metres to 11 metres.
2. Amending Section 150(2)(g) by adding the
following:
the maximum height may be
increased to 13 metres, if the side
yards are increased in amounts
equal to the height over 11
metres."
3. Amending Section 20 by replacing the
definition of "grade" with the following:
"'grade' means the finished level of
the ground at the exterior
walls of a building or
structure, excluding
localised depressions such
as vehicle or pedestrian
entrances; (niveau des soo"
REASON FOR CHANGE:
To update the maximum height standards to reflect
the type of development taking place in the "RSS"
One Family Serviced Suburban Residential zone.
The proposed amendment may be inspected by any
interested person at the office of the Common
Clerk, or in the office of Planning and
PROJET DE MODIFICATION DE
L'ARRETE SUR LE ZONAGE
OBJET: NORMES DE HAUTEUR DANS LA
ZONE RESIDENTIELLE DE BANLIEUE
AMENAGEE — HABITATIONS
UNIFAMILIALES « RSS »
Par les presentes, un avis public est donne par
lequel le conseil communal de The City of Saint
John indique son intention de modifier 1'arretd sur
le zonage de The City of Saint John, lors de la
reunion ordinaire qui se tiendra dans la salle du
conseil le lundi 26 mars 2007 a 19 h, en apportant
les modifications suivantes :
1. la modification de 1'alinea 150(2)g) en faisant
passer ]a hauteur maximale permise dans une
zone residentielle de banlieue amenagde —
habitations unifamiliales «RSS >> de 9 metres
A 11 metres.
2. la modification de 1'alinea 150(2)g) par 1'ajout
de ce qui suit:
<< la hauteur maximale peut etre
augmentee a 13 metres, si les marges
laterales sont accrues
proportionnellement a la hauteur sur
une distance de 11 metres ».
la modification de Particle 20 en remplagant
la definition de 1'expression << niveau moyen
du sol >> par Celle -ci :
<< Pexpression "niveau moyen du sol" design
le niveau definitif du sol le long des
murs exterieurs d'un batiment ou
d'une construction, a 1'exception des
depressions localisees comme les
entrees pour vehicules ou pidtons;
(niveau du sol) ».
RAISON DE LA MODIFICATION:
Pour mettre a jour les normes relatives a la hauteur
maximale afin de refleter le type d'amenagement
que l'on trouve dans la zone residentielle de
banlieue amenagee — habitations unifamiliales
u RSS w
Toute personne interessee peut examiner la
modification proposee au bureau du greff er
communal ou au bureau de 1'urbanisme et du
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.
J. Patrick Woods, Common Clerk
658 -2862
d6veloppement a 1'h6tel de ville situe au 15, Market
Square, a Saint John, au Nouveau- Brunswick, entre
8 h 30 et 16 h 30 du lundi au vendredi, sauf les
jours fdries.
Veuillez faire part de vos objections au projet de
modification par ecrit A I'attention du soussigne a
116tel de ville.
J. Patrick Woods, Greffier communal
658 -2862
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Bud et Number: 110 0801 442 2010
Department: Common Clerk's Office (Account #71206)
Contact: J. Patrick Woods
Phone: (506) 658 -2862 Fax: (506) 674 -4214
Special Instructions (if any):
News a er Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
SJTJ City Information Ad
" SJTJ Independent Placement
" SJTJ Classifieds
Date(s): Tuesday, February 27, 2007
Tuesday, March 20, 2007
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline: ❑ General Notice ❑ Tender ❑ Proposal
19 Public Notice
Sub - Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact:
Telephone: (506) 658 -2862
BY -LAW NUMBER C.P. 110 -
A LAW TO AMEND
THE ZONING BY -LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
The Zoning By -law of The City of
Saint John enacted on the nineteenth day of
December, A.D, 2005, is amended by:
1. Amending Section 150(2)(g) by
increasing the maximum
permitted height in an "RSS"
One Family Serviced Suburban
Residential zone from 9
metres to 11 metres.
2. Amending Section 150(2)(g)
adding the following:
the maximum height
increased to 13 metres,
3.
ARRETE No C.P. 110 -
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors dune r$union du conseil
communal, The City of Saint John a
decrete ce qui suit :
L'arrete sur le zonage de The City
of Saint John, ddcrete le dix -neuf (19)
decembre 2005, est modifie par:
1. la modification de Palinea 150(2)g)
en faisant passer la hauteur maximale
permise dans une zone residentielle
de banlieue amenagee — habitations
unifamiliales a RSS >r de 9 metres a
11 metres.
by 2.
may
if
the side yards are
increased in amounts
equal to the height over 11
metres."
Amending Section 20 by replacing
the definition of "grade" with
the following:
"'grade' means the finished
level of the ground
at the exterior
walls of a building
or structure,
excluding
localised
depressions such
as vehicle or
pedestrian
entrances; (niveau
du son"
la modification de l'alin6a 150(2)g)
par 1'ajout de ce qui suit
u- ]a hauteur maximale peut etre
augmentde a 13 metres, si les
marges laterales sont accrues
proportionnellement a la
hauteur sur une distance de
11 metres ».
3. la modification de Particle 20 en
remplarant ]a definition de
Pexpression o niveau moyen du sol »
par celle -ci :
«" niveau du sol" designe le niveau
definitif du sol le long des murs
exterieurs d'un batiment ou dune
construction, a Pexception des
depressions localisees comme les
entrees pour vehicules ou pietons;
(grade) ».
IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John
Saint John has caused the Corporate a fait apposer son sceau communal sur le
Common Seal of the said City to be affixed present arrete le 2007,
to this by -law the * day of *, A.D. 2007 avec les signatures suivantes
and signed by:
Mayor/Maire
Common Clerk/Greffier communal
First Reading - Premiere lecture
Second Reading - Deuxieme lecture
Third Reading - Troisieme lecture
DATE: MARCH 16, 2007
TO: PLANNING ADVISORY COMMITTEE
FROM: PLANNING AND DEVELOPMENT
FOR: MEETING OF MARCH 20, 2007
Patrick Foran
Planning Officer
SUBJECT: Proposed Zoning By -law Amendment - "RSS" Height Provisions
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to
Common Council concerning proposed amendments to the Zoning By -law. The Committee's
recommendation will be considered by Common Council at a Public Hearing on Monday, March
27, 2007.
STAFF RECOMMENDATION TO COMMITTEE:
That Common Council amend the City of Saint John by:
Amending Section 150(2)(g) by increasing the maximum permitted height in an "RSS" One Family
Serviced Suburban Residential zone from 9 metres to 11 metres.
2. Amending Section 150(2)(g) by adding the following:
the maximum height may be increased to 13 metres, if the side yards are increased in
amounts equal to the height over 11 metres."
Amending Section 20 by replacing the definition of "grade" with the following:
"'grade' means the finished level of the ground at the exterior walls of a building or
structure, excluding localised depressions such as vehicle or pedestrian entrances;
(niveau du sol)"
City of Saint John Page 2
Height Provisions in the "RSS" Zone March 16, 2007
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objections to the proposed amendment.
Building and Technical Services has no concerns with the proposed amendment.
ANALYSIS:
Since January of 2004, the Planning Advisory Committee has considered numerous variance
applications to increase the maximum permitted height of a main building in the "RSS" One
Family Serviced Suburban Residential zone beyond the 9 metres currently prescribed in the
Zoning By -law.
As each of the requested variances was granted, staff undertook a detailed analysis to determine if
amending the height provisions contained in the Zoning By -law would be appropriate. A staff
report (attached) presented to the Committee on February 6, 2007, outlining staff s analysis, and
the Committee recommended that Common Council schedule a public hearing to consider the
proposed amendment, which Council has set for March 26.
In addition to the public advertisement, a copy of the proposed amendment has been circulated to
developers most likely to be affected by the by -law changes and as of the writing of this memo, no
comments have been received.
Based on the analysis contained in the attached report, it is recommended that Common Council
proceed with the proposed amendment.
PF
BY -LAW NUMBER M -23
A BY -LAW TO AMEND
A BY -LAW RESPECTING THE
STOPPING UP AND CLOSING OF
HIGHWAYS IN THE CITY OF SAINT
JOHN
Be it enacted by the Common
Council of The City of Saint John as
follows:
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
191 immediately after Section 190 thereof,
as follows:
191 The City of Saint John does hereby
stop up and close permanently the
following portion of highway:
CONSTANCE STREET: That 60 foot
(18.29 metre) wide public street in the City
of Saint John, County of Saint John and
Province of New Brunswick called
Constance Street, extending northerly from
Natalie Street its entire breadth for
approximately 183.2 feet (55.8 metres)
more or less to the southern boundary of
that portion of Constance Street
discontinued by a resolution of the
Common Council of The City of Saint John
adopted July 2, 1969.
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. 2007
and signed by:
Mayor/Maire
NID:
ARRETE No M -23
ARRETE MODIFIANT
L'ARRETE SUR L'INTERRUPTION
DE LA CIRCULATION ET LA
FERMETURE DES ROUTES DANS
THE CITY OF SAINT JOHN
Lors d'une reunion du conseil
communal, The City of Saint John a
d6cr&6 ce qui suit :
1 Par les pr6sentes, 1'arret6 de The
City of Saint John intitul6, « L'arret6 sur
1'interruption de la circulation et la
fermeture des routes dans The City of Saint
John », d6cr&6 le 19 d6cembre 2005, est
modifi6 par Pajout de Particle 191
imm6diatement apr&s Particle 190, comme
suit :
191 Par les pr6sentes, The City of Saint
John barre et ferme de faron permanente la
portion d'une route suivante :
RUE CONSTANCE : Une route publique
dune largeur de 18,29 metres (60 pieds),
situ6e dans The City of Saint John, dans le
comt6 de Saint John et dans la province du
Nouveau - Brunswick, nomm6e rue
Constance, se prolongeant en direction
nord a partir de la rue Natalie en conservant
son enti&e largeur sur une distance
d'environ 55,8 metres (183,2 pieds) plus ou
moins jusqu'a la limite sud de cette partie
de la rue Constance conform6ment a la
resolution du conseil communal de The
City of Saint John adoptee le 2 juillet 1969.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
pr6sent arret6 le * 2007, avec les
signatures suivantes
Common Clerk/Greffier communal
First Reading - September 11, 2006 Premiere lecture - 11 septembre, 2006
Second Reading - September 11, 2006 Deuxi&me lecture - 11 septembre, 2006
Third Reading - Troisi&me lecture -
BY -LAW NUMBER C.P. 110 -34
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:
ARRkTE No C.P. 110 -34
ARRATt MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lots dune r6union du conseil
communal, The City of Saint John a
d6cr&6 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, d6cr6t6 le dix -neuf (19)
December, A.D. 2005, is amended by: d6cembre 2005, est modifid par :
1 Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land located at 130-
136 MacLaren Boulevard, having an area
of approximately 1,000 square metres, also
identified as being a portion of PID number
00047142, from "RM -1" Three Storey
Multiple Residential 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 26s' day of February,
A.D. 2007 and signed by:
Mayor/Maire
1 La modification de 1'annexe «A»,
Plan de zonage de The City of Saint John,
permettant de modifier la designation pour
une parcelle de terrain d'une superlicie
approximative de 1,000 metres carr6s,
situde au 130 -136, boulevard MacLaren, et
6tant une partie du NID 00047142, de zone
d'6difrces a logements multiples de trois
6tages c<RM -1» a zone commcrciale
g6n6rale «B -2» conformdment A une
resolution adoptee par le conseil municipal
en vertu de Particle 39 de la Loi sur
l'urbanisme
- toutes les modifications sont indiqudes sur
le plan ci joint et font partie du pr6sent
atret6.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
pr6sent arret6 le 26 f6vrier 2007,
aver les signatures suivantes :
Common Clerk/Greffier communal
First Reading - February 12, 2007 Premiere lecture - 12 f6vrier 2007
Second Reading - February 12, 2007 Deuxi6me lecture - 12 f6vrier 2007
Third Reading - Troisi6me lecture -
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'Arrete de zonage de The City of Saint John
1 e°
J/ e�
/ �\6 B bop \•�s�~ �.v /�
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FROM / DE TO / A
RM•1 Three Storey Multiple Residential/ B2 General Business/Zone
Zone d'edifices � logements Commerciale g6nerale.
multiples de trois etages.
Pursuant to a Resolution under Section 39 of the Community Planning Act
Conform6ment A une resolution adopt6e par le Conseil municipal en vertu de
I'article 39 de la Loi sur l'urbanisme
Applicant: Robert L. Boyce, Architect
Location: 130 -136 MacLaren Boulevard
PID(s) /NIP(s) 000047142 (portion of)
06N -89NW
Drawn By /Cr��e Par: David Couture
Date Drawn /Carte Creee: Febuary 14 F6vrier, 2007
Considered by P.A.0 /consid6n§ par le C.C.U.: Febuary 6 Fevrier, 2007
Enacted by Council /Approuv6 par le Conseil:
Filed in Registry Office /Enregistr& le:
SECTION 39 CONDITIONS - 130 -136 MacLAREN BLVD.
That, pursuant to the provisions of Section 39 of the Community Planning Act,
the proposed rezoning of a parcel of land with an area of approximately 1,000
square metres, located at 130 -136 MacLaren Boulevard, also identified as being
a portion of PID Number 00047142, be subject to the condition that the use of the
property is limited to a community centre, health clinic, community police office
and association uses, and further that upon rezoning of the property, the land
and building or structure thereon must be developed and used in conformity with
the proposal and condition identified herein.
BY -LAW NUMBER C.P. 110 -33
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 -33
ARRETE MODIFIANT L'ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Lors dune r8union du conseil
communal, The City of Saint John a
ddcrdtd ce qui suit:
The Zoning By -law of The City of L'arrete 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 modifie par:
1 Amending Schedule "A ", the
Zoning Map of The City of Saint John, by
re- zoning a parcel of land located at 141
Churchland Road, having an area of
approximately 3750 square metres, also
identified as being PID No. 00433987,
from "RS -1" One and Two Family
Suburban Residential to `B -2" General
Business classification 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. 2007
and signed by:
Mayor/ Maire
1 La modification de 1'annexe <<A»,
Plan de zonage de The City of Saint John,
permettant de modifier la ddsignation dune
parcelle de terrain d'une superficie
approximative de 3,750 metres carrels,
situde au 141, chemin Churchland, et
identifiee sous le NID 00433987, de zone
residentielle de banlieue — habitations
unifamiliales et bifamiliales «RS -1» d
zone commerciale gdndrale a B -2 »
onformdment a une resolution adoptee par
le conseil municipal en vertu de Particle 39
de la Loi sur Purbanisme
- toutes les modifications sont indiqudes sur
le plan ci joint et font partie du present
arretd.
EN FOI DE QUOI, The City of Saint John
a fait apposer son sceau communal sur le
prdsent arretd le 2007,
avec les signatures suivantes :
Common Clerk/Greffier communal
First Reading - March 12, 20073 Premiere lecture - 12 mars 2007
Second Reading - March 12, 2007 Deuxieme lecture - 12 mars 2007
Third Reading - Troisieme lecture -
PLANNING AND DEVELOPMENT/ URBANISME ET DMLOPPEMENT
REZONING / REZONAGE
Amending Schedule "A" of the Zoning By -Law of The City of Saint John
ModifiantAnnexe aA» de I'Arret6 de zonage de The City of Saint John
RS-
RS -I
RS- 1 - --
{
S -1 RS -I
FROM / DE TO / A
R5 -1 One and Two Family Rural Suburban B -2 General Business / Zone
Residential / Zone residentielle de commercial generale.
banlieue- habitations unifamiliales et
bifamiliales..
Pursuant to a Resolution under Section 39 of the Community Planning Act
* Conform6ment a une resolution adoptee par le conseil municipal en vertu de
I'article 39 de la Lai sur i'urbanisme
Applicant: Randy Sanford
Location: 141 Churchland Road
PID(s) /NIP(s) 00433987
07PC1
Drawn By /Creee Par: David Couture
Date Drawn /Carte Cri§ee: March 16 mars, 2007
Considered by P.A.C. /consid6re par le C.C.U.: March 6 mars, 2007
Enacted by Council /Approuv6 par le Conseil:
Filed in Registry Office /Enregistr6 le:
SECTION 39 CONDITIONS - 141 CHURCHLAND ROAD
That, pursuant to the provisions of Section 39 of the Community Planning Act,
the proposed development of the parcel of land located at 141 Churchland Road,
having an area of approximately 3750 square metres, also identified as being
PID No. 00433987, be subject to the following conditions:
(a) The use of the property be limited to a residence with an automotive repair
garage operating from the existing 143 - square metre garage;
PDF created with pdfFactory trial version www.pdffactory.com
(b) That there be no auto body paint/repair in conjunction with this business;
(c) That there be no exterior signage associated with the business; and
(d) That the land and any structure thereon must be developed and used in
conformity with the proposal and conditions identified herein.
March 21, 2007
Your Worship and Fellow Councilors,
In light of the recent 2007 provincial budget, we as a city must lobby for fundamental
changes that will secure a sustainable community and create a wave of positive
innovation during a time when these changes are crucial.
The health care system increasingly consumes a larger portion of our tax dollars each
year and rightfully so. However, when our quality of life begins to suffer, it's time to say
enough is enough!
It's a proven fact that physical activity reduces hospital visits. In addition, New Brunswick
has the reputation as one of the more obese provinces in Canada.
It may be argued that increased physical activity and reduced fat intake will lower health
care systems' variable costs, thereby lessening the burden on the taxpayer.
I move that the City of Saint John send a letter to the Premier of NB and the 2026 Self
Sufficiency Task Force containing the following:
1. That the Province of New Brunswick consider a tax credit for those individuals who
maintain a level of fitness.
2. That the Province of New Brunswick consider the implementation of a "Fat Tax" on
ALL consumable products that have excessive amounts of Fat, such as some foods in
fast food establishments.
These recommendations are proactive, promote healthy lifestyles and will indeed lessen
the burden on those who choose to stay healthy. Also, it will no doubt encourage others
to become healthier.
Yours truly,
Received by e -mail
Jay -young Chang
Councillor
www.saintjohn.ca
P.O. Box/C.P. 1971
Saint John, NB/N, -B,
Canada E2L 4L1
March 22, 2007
r
To: Your Worship Mayor Norm' McFarlane and Members of Common Council
Re: Policy Update and Review
Background
From a governance perspective Common Council develops and approves policies
with input from staff. Staff then implements the approved policies.
I would like the detailed policy descriptions related sick leave and media
communications. It is my understanding that policies exist either in written or
verbal format for those two items.
Perhaps Common Council needs to create new policies, change existing policies, or
rescind outdated policies. In any 4vent it is Common Council's job to set policy for
staff. -
Be it resolved; The City Manager's and Common Clerk's Office provide to
Common Council all policy material related to the management of sick leave and
media communications for Common Council's consideration and review.
Submitted,
.ion Portfolio
www.ir1,2a 2007
P.O. Box/C.P. 1971
Saint John, NB/N. -B.
Canada E2L 4LI
To: Your Worship Mayor Norm McFarlane and Members of Common Council
Re: Former Dumpsite at Howe's Lake
Background
I have had recent inquiries regarding the status of the former Dumpsite at Howe's Lake.
This is a large section of land within the City's limits that could support immense
development opportunities for the city.
I would like the following questions referred to city staff for a full and timely response
and, if necessary, I encourage city staff to forward the questions to the appropriate
provincial department for follow -up and answers.
I . What is the lot size or acreage of this site?
2. What environmental concerns exist from a future development perspective?
3. If there are environmental concerns, what steps can be taken to eliminate the
environmental concerns so development can be encouraged?
4. In consideration of the first 3 questions, what development opportunities would be
most appropriate on this site?
Be it resolved; the preceding questions shalt be referred to the City Manager's office
for investigation and follow -up.
Respec y S bmitted,
ohn r son
C cillor
Energy Portfol'
Alternate on igration Portfolio
REPORT TO COMMON COUNCIL
March 22, 2007
Mayor Norm McFarlane and
Members of Common Council
Your Worship and Fellow Councilors
Re: Celebration of Arbour Dav
In an effort to teach our young children about the importance of planting
trees in the environment, the Mayor's Office and I approached School
District 8 and J. D. Irving, Limited to see if there would be any interest in
developing a way to celebrate Arbour Day and teaching our Grade One
students about the importance of trees in our environment.
As a result of these discussions we have been able to create a partnership
with School District 8 and J. D. Irving, Limited to celebrate Arbour Day on
April 27, 2007. School District 8 has agreed to celebrate Arbour Day by
having all Grade One students learn about the importance of trees in class
that day and then by providing a seedling for each student to take home to
plant.
J. D. Irving, Limited have graciously agreed to provide seedlings for Grade
One student in School District 8 as well as four larger trees that will be
planted at a school to be chosen shortly.
It is my hope that members of Council would be available on Arbour Day to
help plant the four larger trees with students from the school chosen by
School District 8.
r7
The city of saint john
Report to Common Council Page 2
March 22, 2007
Recommendation
move that Council support this initiative by agreeing to direct Leisure
Services to deliver the seedlings to the schools and that Council agrees to
cover the costs of photocopying the Teacher's Resource Guide that will be
provided to each student to take home.
Respectfully submitted,
r--
Christopher T. Titus
Councilor
REPORT TO COMMON COUNCIL
March 22, 2007
Mayor Norm McFarlane and
Members of Common Council
Your Worship and Fellow Councilors
Re: Harbour Clean Up Funding
Harbour Clean Up has been a top priority for this Council and the citizens of
Saint John for many years.
On March 16t ", the Federal Government announced their official
commitment to cleaning up our harbour. This funding along with the
previously allocated City funding and Provincial Government commitment
will now allow us to proceed in cleaning up our harbour.
Thanks to the strong efforts of this Mayor and Council and the strong
support our citizens we finally have all of the pieces of the puzzle required
to start the clean up effort.
Recommendation
move that Mayor send a letter to the Prime Minister and Premier thanking
them for their respective contributions toward Harbour Clean Up.
Respectfully submitted,
R
Christopher T. Titus
Councilor
77 7
The City of Sala! John
.Y_
i1
`` , March 26 2007
His Worship Mayor Norm McFarlane
and Members of Council
Your Worship and Members of Council
RE: PROVINCIAL AMBULANCE DISPATCH
BACKGROUND:
In January 1995 the Council of the day endorsed the establishment of a Public Safety
Communications System that would be fully automated, providing essential
communications support to fire, police and ambulance services, for the citizens of Saint
John. Integrated with this joint co- ordination emergency services facility was New
Brunswick's first enhanced 9 -1 -1 Service. This new tri- service support function, separate
and distinct from individual service departments — fire, police, and emergency medical
was and remains to be essential to achieving the standard of support required for this
community's emergency services. This new co- coordinated computerized dispatch
system of providing "simultaneous dispatch of the different services ensures the most
rapid response to a scene, early institution of basic life support, identification of the
nature and extent of problem, and optimum utilization of all three services ". ( Robert
Beveridge ,MD,MSc,FRCPC.). Document prepared by Dr. Robert Beveridge which
expresses the emergency medical perspective is attached. Chief Coroner John Evans, in a
letter to the City regarding the inquest into the deaths of David Mabey and Anthony
Defazio, cited the following among his recommendations:
- The Saint John area 911 Emergency Response Centre should be consolidated to
incorporate the resources of all three emergency services, police, fire and
ambulance. That is, all these services should be dispatched from one central
office and any or all of the services could be dispatched by the same dispatch
SAINT JOHN P.Q. Box 1971 Saint John, NB Canada E2L 40 I www saingohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 41
Report to Common Council
Subject: Provincial Ambulance Dispatch
ANALYSIS:
Page 2
Since the inception of the Saint John Public Safety Communications Centre, a high
standard of tri level emergency response service has been provided to the citizens of Saint
John. This support service for emergency responders is an automated co- coordinated
approach that has reduced much confusion and margin of error. There can be no question
that if this approach had not occurred, much confusion would continue to exist and the
margin of error would become even greater as call for service would continue to increase,
the consequence would be greater loss of life and incresase injury. The City of Saint John
took the lead ofprovidiny- a new approach with the automated co- coordinated dispatch
services for fire police. and ambulance in the Province of New Branswick. the envy of
other municipalities and emergency service providers. The City of Saint John has
invested millions of dollars to ensure that the best emergency response system is in place
to provide the best possible service to the Citizens of Saint John. This high standard of
service has been expanded to include areas outside the City of Saint John boundaries i.e.
Grand Bay, Mushquash, etc. including ambulance service for Region 2 Saint John
Hospital Corporation.
It has been some time that the Province of New Brunswick has been studying the best
way to provide an enhance ambulance service by means of having one centralized
dispatch center to service the entire Province. It is well known that if this should occur,
and is very likely that it will, that the City of Moncton will become the Provincial
dispatch center for ambulance service in the entire Province. Unfortunately it appears that
Saint John is no longer being considered as the P.S.C.C. of choice to deliver this
provincial service. This is indeed unfortunate when it is factual that Saint John with it's
great vision has provided automated co- coordinated emergency dispatch service for many
years, it has always been recognized as the leaders this Province and should be the City
of choice.
The Provincial Government should be commended for recognizing the need to enhance
ambulance dispatch service and this centralized approach will provide a higher level of
service to many communities. However, rather then to continue to argue a point that is
lost and going on deaf hears with respect to the location of the new centre, the City must
be clear and steadfast that this community's high level of emergency response service
must not diminish. The City of Saint John must not regress and become dependant upon
having emergency ambulance services offered in isolation. We must ensure that all the
efforts and investments that have been made in the past to provide automated co-
coordinated emergency dispatch service with a tri level dispatch component remains in
tact. To do anything less is a disservice to previous Councils, emergency service
responders, the citizens of Saint John and the memories of people like Dave Mabey and
Anthony Defazio.
Report to Common Council
Subject: Provincial Ambulance Dispatch
RECOMMENDATION:
Page 3
That Mayor McFarlane, Councillor Court, Councillor Tait and appropriate staff meet
with the Minister of Health with a request that Ministers McIntyre, Keir, Jamieson and
M.L.A, Abel Leblanc also attend this meeting in an effort to put forth a strong case that
supports the City of John's automated co- coordinated emergency dispatch service with a
tri Ievel component remaining in tact, offering the same level of emergency service to the
Citizens of Saint John well into the future.
Respectfully submitted,
Glen Tait,
COUNCILLOR
ALTERNATE To HEALTH CARE PORTFOLIO
ENC.
E-911 CEN-fRAL DISPATCH AND TBERED RESPONSE
EmergE health W -.%ixs sy�esrs CEHSS) haw ctioh+cd M the past :� vt�s suri :��t !he- is a
000 r.�ated and 7legr2wd eforis to ensure that patients w:ta ague MaL=, i�-.r ++=S C: accijonis
enter our hzzl'h razz s-'Zra and rr --i= appropriate defr,iuwe care_ In some mss, this dear*
requ>� �ry� rapid amass in o.-der to preti�:nt not only grematt c death, be seri , d�zbl�g
corvEmdDns. Y� fhmf4p oT abserw -s recognize acute s%- nplons or sr-:iors that reCwire
one or z2 of the intev -1 eowwarrts of an EH5S that include: te�phmrm aiML pa%, � cr
ambubmce responses, ew=-&-:thy depzrtment, operating room, inteashe t� of hosphzI Va:d
ma�� tent. V+=zthffi r% sometimes intimidating and oOmpbex system tt4fe mus to vat% of
educmtag tip public to gain e=ss v i:h thr- ]vast possbL risk of mistake-s, u9Sms.--mlV and
ir:appropriatr; delays.
The size of the comm nom►, the pztfcros of ilk:ess or aoadents, the at2e7ab of human ad
insdhYtionA res== aze 0 &ctors that inNence the uitir mte E.FiSS dam_ TrroE:Sh the
sckr:5 fte,atei-- and the opinions of experts throughout North Amcaim, :he metal stsatra is 07C
in v4 t cahanomd 911 tcl phonc access is coupled Aith coordinated duree izveel ti--X--d response
(Fblice, Fe. Arrbulasaw). - defirAtions of advanced and basis: H& sippo:t zpprupiiite
Eechnotou in the preho-Tt21 asse=ent, management and smbili -tkm are zIl c=ntiaL
Med`oczl cr?r:trol take-s Lire %:-m of wzttcn protocols (off -line control) and mxfio cotamur r --fiDn
(on-Fmc conuuD_ If there we any % ak tusks in this chain, then the ukii atc. o-,rtc vZ be
corrap x�c�cci. jo- Caza an and A:nezi f.ri met-cpoEten araas utif= cr-han td gll with a
Oentrai core-putzrimd d*.spa:.-h s�slent to wordinaie all emergency resp=e senin!s of t -hey:.
cvmrnmE-w.s: Tn is :. not or4 max;m. ixe the cast efi mress,bC, z6i :o cas= :I.z
hig,llest possible quasty by awidir,g :nultiple patching or rtrdirzG n of c aZs. The aaramznk-a-tian
,,, of spec brmari=n by irAk is w thout tuning, expertise or knoR=.d st a pzrdadar wea
cues p:+abl ---n . 0- pC --rnal uta�ton of the three service,. w th rapt oominur -i rt a#aJt
'i,akfty and ac=ct/ of ea3 y inbrmat on for rapldl� changing der s=wias arc Frtruard. If
dispatch is iF�. inddepe:.denty by all three emergency rr...aponse wniiCes, Viis s 5b•s >e n
incises the risk of mimfivar-_ation and costly delays.
S r=tE:l=etius dis=. :b of the diiicrent smites ensures the most mapid rmpors~ to a s ►'etc, eaYly
iIIstmjtion of bas life suappart, identi&,;ation of the nature and extent of problem, and csptimid
utq=don ofall 1h= sr,-,v3=& iiL;s is not Emly to oar without a cenua2v managzd
coordinated comp:rters`d diTatch Fywtem, Most NO;91 American ccatres mtir uzinzd
iri -level CM-= d ?el-.trs to manzm the nerds of vcry la.rgc FograpEc znd papu!aa i bases.
Afairtn =itt — auwncmy ef diipatch cenves, as %%ell as in&V2ual services a 6zaich o ntra
will not only be more com t% but alstr create unnexssary risk for poor pa6ent ra^e,
I strtxngh e the cl-.yCffsainl Tohn and Region.' Corpo:aticxr, of ro move as
qu=ick as pole to an enhznmd compme:i7M dispatch sys? m arm aa�c$d mi4wl dispa•.cl•,.e_s
to allow :kir mpid amens and e-Miant coordination of an components of o r ere.- cy heahh
care s)9ew.
Robert C. Be-wridgc, Ism, 3l&-, FRCPC,
Clinical D epartment Read of Eme-jery Nf, dicir.e,
Region 2 Hospital Corporw: =,
-- Assistant Professor of E =.eagvn�v
A&dstant PrQfr mr of Metre,
Dalhousizz Unhtrsity.
RCB =cs
044 :
REPORT TO COMMON COUNCIL
OPEN SESSION
The City of Saint John
March 26, 2007
His Worship Mayor Norman McFarlane and
Members of Common Council
Your Worship and Councillors:
RE: Pension Funding Agreement
BACKGROUND
On October 2, 2006 the City Manager tabled a report with Common Council entitled
Pension Plan — "Call to Action ". This document laid out several approaches that could be
taken in dealing with the funding of the City's Employee Pension Plan. Prior to dealing
with the report Common Council decided to hear from Plan members.
A special meeting of Common Council was held on October 16, 2006 to hear from Plan
members. At this meeting representatives from the four civic locals requested more time
to attempt to develop a shared solution to the funding issue. Representatives from the
Management/Non -Union group of employees offered to share additional contributions
required to fund the going - concern deficit but requested equity in Plan benefits through
removal of capping provisions.
It was decided that time be given to the Plan members to attempt to develop a shared
solution. The City Manager designated a city representative to facilitate this process and
representatives from all Plan members met on October 20, 2006 to initiate discussions.
Over the next two months the representatives met jointly on three more occasions and in
addition the Unions met separately to develop an approach.
At the last of the joint meetings held on November 16, 2006 the Unions tabled an
approach which they felt was acceptable. The Management/Non -Union representatives
expressed concern with the proposal as the issue of equity in Plan benefits had been
ignored. It was decided that each of the parties would make a presentation to Council
outlining their positions.
On January 2, 2007 Common Council received two presentations regarding possible ways
that employees could assist the City in addressing the pension plan funding shortfall. One
presentation was made on behalf of the four civic locals and one on behalf of the
Management, Professional and Non -Union staff.
Since that time several meetings have been held with representatives of the four civic
locals and the Management/Non -Union group in an attempt to finalize the details of a
possible agreement on the funding issue. As a result of these meetings Memorandums of
Agreement were drawn up to respond to each proposal.
UNION PROPOSAL
The proposal presented from the Four Civic Locals essentially called for the following:
1. agree to solvency exemption
2. change actuarial assumptions
3. increase member contributions by 2% for three year period (total 10.5 %)
4. long -term — employee contributions be 50% of current service cost to maximum
of 9%
5. no benefit changes
From the City's perspective by far the most important components of the Union's
proposal is their agreement to support the application for exemption from the Solvency
Valuation and to contribute an additional 2% of pensionable earnings towards the costs of
the Plan.
With regards to changing the actuarial assumptions, this is not something that the City
can mandate as the actuarial review process is in the hands of the Pension Board and the
Actuarial Firm it hires to complete the review.
The long -term funding proposal is not very comprehensive and still leaves uncertainty as
to how future surpluses /deficits in the Plan will be handled. This would be best handled
through the development of a funding policy. The key issue for the Unions is that going
forward the City's contributions to the Pension Plan will be no less than employee
contributions. To that end the Agreement with the Unions calls for an amendment to the
Plan setting employee contributions at 50% of current service cost with a minimum
contribution level of 7% of pensionable earnings to a maximum of 9% of pensionable
earnings.
Following several meetings with Union representatives an agreement has been reached
that would allow for the City to move ahead with applying for the solvency exemption
and start deducting the additional 2% of pensionable earnings from employees. The text
of the Agreement is attached as Appendix A.
MANAGEMENT /PROFESSIONAL/NON -UNION PROPOSAL
The proposal presented from the Management/Professional/Non -Union staff essentially
called for the following:
1. Recognition of guiding principles
2. agree to solvency exemption
3. agree to Union's proposal to increase employee contributions to 50% of current
service cost to maximum of 9%
4. City to agree to additional contributions of 2.5% of payroll for going concern
funding
5. increase member contributions by 2.5% for one year period (total 11.5 %)
6. meet with Superintendent of Pensions to discuss funding plan
7. long -term funding plan to be submitted to Superintendent by September 30, 2007.
8. actuarial valuation as at December 31, 2006 to be basis of long -term plan
9. initiate dialogue with all employee groups /unions towards formulating a long -term
plan
10. Board of Trustees to have formal dialogue with their actuary on assumptions to be
used for 2006 valuation
11. review of Pension Benefits Act and Regulations regarding various matters
12. full dialogue with all employees regarding Item 11
13. cost removal of "cap" as part of 2006 valuation
14. seek actuarial and legal guidance on matter of affiliate plans
15. keep Plan members fully informed on activities
16. act expeditiously on application for solvency exemption
After meeting with representatives from the Management /Professional/Non -Union there
was general consensus that the Agreement reached with the Civic Locals was acceptable
except for the fact that the issue of equity of benefits had not been addressed. The group
again requested that the capping provisions in the Plan be removed.
This information was discussed with the Union representatives and they were adamant
that no changes be made to the benefits in the Plan at this time. They did however
indicate their willingness to discuss these matters sometime in the future but only after
the current funding position of the Plan has been rectified.
Having said that there has been acknowledgement from some that they fully understand
the concern raised by the Management group and however they feel that this is a matter
that should be dealt with by the City and the affected employees outside of the Pension
Plan provisions.
To resolve this impasse a provision was added to the Memorandum of Agreement
reached with Management/Professional/Non -Union staff that acknowledges the inequity
in benefit accumulation opportunities in the Plan and incites the City's support for
removal of the capping provisions in a timely fashion. Further it is was agreed that as an
interim measure and separate and apart from the Pension Plan, for management
employees only the City would make a contribution for its share of current service cost on
all earnings deemed non - pensionable as a result of the Pension Plan and Revenue Canada
caps be redirected to the person's RRSP or other Account as specified by the employee.
This is a relatively simple measure to implement and has no budget implications as the
City's contributions are already budgeted on the basis of non - capped earnings. It is not
nearly as favourable as removal of the cap provisions however it would at least
acknowledge the concerns raised by this group of employees.
A copy of the proposed Memorandum of Agreement with Management/Professional/
Non -Union employees is attached as Appendix B.
FINANCIAL IMPLICATIONS
Under the Memorandum of Agreement reached with the Unions the City's minimum
contribution to the Pension Plan is raised from 7% to 7.5% effective January 1, 2010.
The annual cost of this change is approximately $250,000 per year based on current
pensionable earnings figures.
In relation to the Management/Professional/Non -Union Agreement at present there are
five city employees that are affected by the capping provisions. The annual contribution
for four of the five individuals will be less than $1,000 as they are affected by only the
annual cap imposed under the Income Tax Act. The fifth person is affected by the overall
maximum pension cap as prescribed under the Pension Act. In this case the full
contributions that the City would have paid into the Pension Plan would now be directed
to the individual's RRSP. The annual contribution by the City would be approximately
$10,000. Given that the City is no longer contributing to the Pension Plan for this
individual this is not a new cost it is simply a redirection of current dollars.
CURRENT STATUS
At the present the three CUPE locals have signed the Memorandum of Agreement and all
95 Management/Professional/Non -Union employees have individually signed the
proposed Agreement.
Unfortunately IAFF Local 771, the firefighters have refused to sign. Initially the
firefighters expressed concern over an existing provision of the Plan which allows for
City contributions to decrease or cease if and when the accumulated surplus in the Plan
reaches limits prescribed under the Income Tax Act. In the end however the reason they
have cited for not signing is as a result of the agreement reached with
Management/Professional staff.
NEXT STEPS
Timing is becoming a critical issue in dealing with this matter. The Superintendent of
Pensions has given the City until mid -June to take action with regards to the solvency
funding issue. In order to make an application for exemption from the solvency funding
the City will need to commence the regulatory process in early April. With the current
signed memorandums the City has sufficient support for proceed with the solvency
exemption process.
Proceeding with the collection of the additional 2% of pensionable earnings from
employees will be a little more difficult given that we do not have full support fom all
employee groups. If the City wishes to get receive this contribution then it will be
necessary to seek a change to the City Pension Act that would legislate the contribution
form all employees. It would be reasonable to expect that this legislative change could
not be made until the Fall of 2007 thus the anticipated $1,000,000 in additional
contributions from employees will not be received in 2007.
RECOMMENDATION
It is recommended that the Mayor and Common Clerk be authorized to sign the
Memorandums of Agreement with CUPE Local 18, CUPE Local 486 and the
Management /Professional/Non -Union employees as presented and
That staff be instructed to proceed immediately with the regulatory process associated
with seeking exemption from the solvency funding provisions under the Pension Benefits
Act and
That staff be instructed to commence the process of drafting necessary legislative changes
to the City of Saint John Pension Act to reflect the provisions of the Memorandum of
Agreements.
Respectfully submitted,
AnkVew P. Beckett C.A.
Deputy City Manager
Programs & Priorities
Terry L. Totten F.C.A.
City Manager
14PP640,1 � -
Memorandum of Agreement
BETWEEN: The City of Saint John (The Employer) and
AND: CUPE Local 18 (the Union)
Whereas an actuarial valuation of the City of Saint John Employee Pension Plan (the
Plan) as at December 31, 2003 has shown a significant funding shortfall on a going -
concern and solvency basis, and;
Whereas in accordance with the Pension Benefits Act of the Province of New Brunswick
the Employer has legal responsibility to make special payments over a period of up to 15
years to pay for this funding shortfall, and;
Whereas the parties to this Agreement recognize the importance of the Plan in the overall
compensation of city employees, and;
Whereas in an effort to protect the provisions of the Plan and in recognition of the
significant financial challenge being faced by the Employer the Union has recognized the
importance of finding a shared solution with the EmpIoyer in addressing this funding
shortfall.
Therefore it is agreed that:
There will be no reduction or enhancement of benefits provided for in the Plan during the
three year period to December 31, 2009, and;
The Union will endorse and encourage its members to support the Employer's application
to the Superintendent of Pensions for exemption from the solvency funding payments
requirements of the Pension Benefits Act, and;
Notwithstanding the provisions of the Plan, employee contributions to the Plan will be
increased by 2% of Pensionable Earnings effective March 1, 2007 to offset a portion of
the contributions otherwise required from the Employer to fund the going - concern
funding deficiency, such additional Employee contribution shall be deducted by the
Employer from the Employee's earnings at each pay period and shall be paid to the
Pension Fund by the Employer as soon as reasonably possible thereafter, and;
The increased Employee contributions will continue for a period of three years or until
such time as the Plan's going - concern funding shortfall is eliminated whichever is
sooner, and;
At no time during the three year period shall employee contributions be greater than
contributions from the Employer, and;
The City shall seek amendment to the City of Saint John Pension Act so that
commencing in 2010 employee contributions will be set at 50% of current service cost
provide however that in no event shall Employee contributions be less than 7.5% or more
than 9% of pensionable earnings, and;
The Employer will be responsible for making funding payments over and above the
amount contributed by employees sufficient to satisfy the going - concern funding
requirements of the Plan as required under the Pension Benefits Act with a minimum
contribution rate of 7.5% of pensionable earnings commencing in 2010, and;
The Employer will correspond with the Board of Trustees of the City of Saint John
Employee Pension Plan requesting that serious consideration be given to the suggestions
made by the Civic Unions regarding actuarial assumptions to be used as part of the
valuation of the Pension Plan to be completed as at December 31, 2006, and;
The Union will support all amendments required to be made to the City of Saint John
Pension Act to effect implementation of the terms of this agreement, and
The parties are committed to commence discussions no later than September 30, 2007 to
look at the long -term funding aspects of the Plan including development of a detailed
funding policy.
Dated this 7 day of llkc�' 2007.
FOR THE CIVIC UNION
FOR THE EMPLOYER
ArC610 1 } � - Z
Memorandum of Agreement
BETWEEN: The City of Saint John (The Employer) and
AND: CUPE Local 486 (the Union)
Whereas an actuarial valuation of the City of Saint John Employee Pension Plan (the
Plan) as at December 31, 2003 has shown a significant funding shortfall on a going -
concern and solvency basis, and;
Whereas in accordance with the Pension Benefits Act of the Province of New Brunswick
the Employer has legal responsibility to make special payments over a period of up to 15
years to pay for this funding shortfall, and;
Whereas the parties to this Agreement recognize the importance of the Plan in the overall
compensation of city employees, and;
Whereas in an effort to protect the provisions of the Plan and in recognition of the
significant financial challenge being faced by the Employer the Union has recognized the
importance of finding a shared solution with the Employer in addressing this funding
shortfall.
Therefore it is agreed that:
There will be no reduction or enhancement of benefits provided for in the Plan during the
three year period to December 31, 2009, and;
The Union will endorse and encourage its members to support the Employer's application
to the Superintendent of Pensions for exemption from the solvency funding payments
requirements of the Pension Benefits Act, and;
Notwithstanding the provisions of the Plan, employee contributions to the Plan will be
increased by 2% of Pensionable Earnings effective March 1, 2007 to offset a portion of
the contributions otherwise required from the Employer to fund the going - concern
funding deficiency; such additional Employee contribution shall be deducted by the
Employer from the Employee's earnings at each pay period and shall be paid to the
Pension Fund by the Employer as soon as reasonably possible thereafter, and;
The increased Employee contributions will continue for a period of three years or until
such time as the Plan's going - concern funding shortfall is eliminated whichever is
sooner, and;
At no time during the three year period shall employee contributions be greater than
contributions from the Employer, and;
The City shall seek amendment to the City of Saint John Pension Act so that
commencing in 2010 employee contributions will be set at 50% of current service cost
provide however that in no event shall Employee contributions be less than 7.5% or more
than 9% of pensionable earnings, and;
The Employer will be responsible for making funding payments over and above the
amount contributed by employees sufficient to satisfy the going - concern funding
requirements of the Plan as required under the Pension Benefits Act with a minimum
contribution rate of 7.5% of pensionable earnings commencing in 2010, and;
The Employer will correspond with the Board of Trustees of the City of Saint John
Employee Pension Plan requesting that serious consideration be given to the suggestions
made by the Civic Unions regarding actuarial assumptions to be used as part of the
valuation of the Pension Plan to be completed as at December 31, 2006, and;
The Union will support all amendments required to be made to the City of Saint John
Pension Act to effect implementation of the terms of this agreement, and
The parties are committed to commence discussions no later than September 30, 2007 to
look at the long -term funding aspects of the Plan including development of a detailed
funding policy.
Dated this 7 day of IUCCIA
FOR THE CIVIC UNION
NEG TING COMMITTEE
2007,
FOR THE EMPLOYER
dlorovp ,x
Memorandum of Agreement
BETWEEN: The City of Saint John (the Employer) and
AND: Management/Professional/Non -Union Employees (Management/Non-
Union)
Whereas an actuarial valuation of the City of Saint John Employee Pension Plan (the
Plan) as at December 31, 2003 has shown a significant funding shortfall on a going -
concern and solvency basis, and;
Whereas in accordance with the Pension Benefits Act of the Province of New Brunswick
the Employer has legal responsibility to make special payments over a period of up to 15
years to pay for this funding shortfall, and;
Whereas the parties to this Agreement recognize the importance of the Plan in the overall
compensation of city employees, and;
Whereas in an effort to protect the provisions of the Plan and in recognition of the
significant financial challenge being faced by the Employer, Management/Non -Union
have recognized the importance of finding a shared solution with the Employer in
addressing this funding shortfall.
Therefore it is agreed that:
There will be no reduction or enhancement of benefits provided for in the Plan during the
three year period to December 31, 2009, and;
Management/Non -Union Employees, individually and collectively, will support the
Employer's application to the Superintendent of Pensions for exemption from the
solvency funding payments requirements of the Pension Benefits Act, and;
Notwithstanding the provisions of the Plan, employee contributions to the Plan will be
increased by 2% of Pensionable Earnings effective March 1, 2007 to offset a portion of
the contributions otherwise required from the Employer to fund the going - concern
funding deficiency, and;
The increased Employee contributions will continue for a period of three years or until
such time as the Plan's going - concern funding shortfall is eliminated whichever is
sooner, and;
At no time during the three year period shall employee contributions be greater than
contributions from the Employer, and;
The City will initiate amendments to the Plan so that commencing in 2010 employee
contributions will be set at 50% of current service cost with a minimum contribution rate
of 7.5% to a maximum of 9% of pensionable earnings, and;
The Employer recognizes as a matter of principle related to equitable benefits that the
capping provisions in the Plan should be removed in a timely fashion, and;
Until such time as the capping provisions are removed from the Plan, the Employer
agrees that for management employees only the employer contributions for current
service cost on all earnings deemed non - pensionable as a result of caps imposed under
either the Plan or Revenue Canada provisions will be directed to the person's RRSP or
other Account as specified by the employee, and;
The Employer will be responsible for making funding payments over and above the
amount contributed by employees sufficient to satisfy the going - concern funding
requirements of the Plan as required under the Pension Benefits Act with a minimum
contribution rate of 7.5% of pensionable earnings commencing in 2010, and;
The Employer will correspond with the Board of Trustees of the City of Saint John
Employee Pension Plan requesting that serious consideration be given to the suggestions
made by the Civic Unions regarding actuarial assumptions to be used as part of the
valuation of the Pension Plan to be completed as at December 31, 2006, and;
Management/Non -Union Employees will support all amendments required to be made to
the City of Saint John Pension Act to effect implementation of the terms of this
agreement and to comply with the Pension Benefits Act and Regulations and the Federal
Income Tax Act.
Dated this day of 2007.
To be signed by each employee FOR THE EMPLOYER
Justice and Consumer Affairs Justice et Consommation
Nouveau L! Brunswick
November 14, 2006
Mayor Norm McFarlane
City of Saint John
PO Box 1971
Saint John, NB E2L 4L1
Mayor McFarlane:
Subject: City of Saint John Pension Plan (NB Reg. #0269209)
Special Payments due in respect of solvency deficiency
I am writing further to my Order of December 16, 2005. In that Order, I instructed the
City of Saint John to pay all special payments due in respect of the actuarial loss
identified in the "Actuarial Valuation as at December 31, 2003 of the City of Saint John
Pension Act" (the "Valuation Report") for the period from December 31, 2003 to the date
of the Order.
By letter dated March 30, 2006, Mr. Andrew Beckett, Acting Treasurer for the City of
Saint John, confirmed a full payment into the pension fund for the actuarial loss to
December 31, 2005 in the amount of $8,244,100 and also confirmed the City would be
making regular monthly payments in 2006 to fund the identified actuarial loss. These
payments were sufficient to comply with the above - mentioned Order.
However, the City of Saint John's Valuation Report also identified a solvency deficiency
in the amount of $88,852,300 or 15.3% of payroll. Pursuant to paragraph 36(1)(c) and
subsection 36(5) of the General Regulation — Pension Benefits Act (the "Regulations "),
a solvency deficiency must be paid over a period of not more than five years in either
equal monthly installments or in monthly installments that represent a consistent
percentage of the projected future payroll of members. In either case, payments are to
commence as of the review date of the actuarial valuation report in which the solvency
deficiency is identified. At the time the Order was issued, I did not instruct the City of
Saint John to make the required solvency special payments since the City of Saint John
was in negotiations with Government regarding a possible solution to the solvency
deficiency.
As you are
likely aware,
Government
made regulatory changes
in December 2005
which allow
municipalities
to apply for
an exemption from making solvency special
payments.
The new provisions can
be found in sections 42.1 to 42.5 of the
TeMldphone:
P.O. Box 6000
Case postale 6000
Office of the Superintendent
of Pensions (
1506) 453 -2055
Fredericton
Fredericton
Bureau du surintendant des pensions
Fax/Tel&opieur:
New Brunswick
Nouveau - Brunswick
(506) 457 -7266
Canada E3B 5H l
Canada E3B SHI
ww-w.Rnb.ca/0307 /001e.htm
wwtiv.Pnb.ca/0307 /001£htm
Regulations. To date, we have no record of the City of Saint John making such an
application to this office.
Given the length of time which has now passed since the amendment to the
Regulations, the City of Saint John must now address the solvency deficiency present in
their pension plan. There are one of two ways in which the City of Saint John can do
this:
The City of Saint John can' make their required solvency special payments over a
5 year period in either equal monthly installments or in monthly installments that
represent a consistent percentage of the projected future payr�ll of members
pursuant to paragraph 36(1)(c) and subsection 36(5) of the Regulations. This
would require a lump -sum payment of all overdue payments owing plus interest.
2. The City of Saint John can make an application for an exemption from making
solvency special payments provided the administrator follows the requirements
outlined in sections 42.1 to 42.5 of the Regulations.
In this regard, i require either written confirmation that solvency special payments have
been remitted to the pension fund in accordance with paragraph 36(1)(c) or subsection
36(5) of the Regulations, or an application for exemption from making solvency special
payments in accordance with sections 42.1 to 42.5 of the Regulations no later than
November 30, 2006. Otherwise, an Order will be issued to the City of Saint John to
make the required solvency special payments pursuant to paragraph 72(2)(c) of the
Pension Benefits Act.
Yours Respectfully,
Angela Mazerolle Stephens
Superintendent of Pensions
City Manager's office
Bureau du directeur gen6ral
www.saintjohn,ca
December 21, 2006
Angela Mazerolle Stephens
Superintendent of Pensions
Justice and Consumer Affairs
P.O Box 6000
Fredericton, N.B.
E3B 5H 1
Dear Ms, Stephens:
P.0, Box /C.P, 1971
Saint John, NB /N. -B.
Canada E21- 4L1
SUBJECT; CITY OF SAINT JOHN PENSION PLAN
On behalf of His Worship, Mayor McFarlane, I have been asked to respond to your letter
dated November 10. I should also extend to you, the City's apology with respect to the
tardiness of our response. Our delay was strictly unintentional.
In any event, the City wishes to confirm to you that;
I . The City has made special payments to the Pension Fund, representing the
Going Concern Deficit reported as of December 31, 2003.
2. As per the Actuarial Report filed by you, these Special Payments have come
directly from the taxpayers of this community. For the three years, 2004,
2005, and 2006, these special payments amounted to $12,553,100,
3. Common Council has considered, a report entitled "Funding the Pension
Plan: A Call to Action.
4. At the request of both Council and the five employee groups, discussions have
commenced with all parties to find an acceptable plan to deal with both the
Going Concern Deficit and the Solvency Deficiency.
5, A meeting scheduled for Thursday, December 21, has been rescheduled to the
first week of January. It was at this meeting, that the various employee groups
were to advise Council as to their willingness to assist with the required
special payments related to the Going Concern Deficit as well as their level of
cooperation in the City's efforts to seek an exemption from the rules related to
Solvency.
6. Council will also be dealing with the City's 2007 Operating Budget early in
January, which by necessity will force a decision as to how best to proceed.
Leiter to: Angela Mazerolle Stephens
Subject: City of Saint John Pension Plan
Page 2
Given that a decision not to seek an exemption from the rules related to the Solvency
Deficiency would require an additional payment of well in excess of fifty million dollars
immediately, I suspect that the City will be starting the process as laid out in the
regulations in January.
The City wants to assure that it is making every reasonable effort to find a solution to the
issues you have raised. kAhis regard, we are requesting a meeting with you in mid -
January, so at we m ay out our plans in this regard, including the matter! f the
Solvency� /eficienc .
CITY MANAGER.
L'
Justice and Consumer Affairs Justice et Consummation
Nouveau Q z Brunswick
February 19, 2007
Terrence L. Totten
City Manager
City of Saint John
PO Box 1971
Saint John, NB E2L 41_1
Mr. Totten:
Subject: City of Saint John Pension Plan (NB Reg. #0269209)
Receipt is acknowledged of your letter of January 19, 2007 in response to my letter of
November 14, 2006 addressed to Mayor Norm McFarlane.
I am pleased to learn that the City of Saint John is taking steps to rectify the financial
issues facing its pension plan, and has initiated the process required to meet the
requirements for making an application for a solvency exemption. Although, as
acknowledged in your letter, the proposed timeline for submission of this exemption
request exceeds my preference, it seems reasonable given the need for the finalization
of the Actuarial Valuation as at December 31, 2006.
I look forward to receiving the City's application in mid -June. In the meantime, should
you have any questions please do not hesitate to contact this office.
Sincerely,
Angela Mazerolle Stephens
Superintendent of Pensions
Copy: Mayor Norm McFarlane
Tel/T616phone: P.O. Box 6000
Office of the Suoerintendent of Pensions t (506) 453 -2055 Fredericton
Bureau du surintendant des pensions Fax/T616copleur: New Brunswick
(506) 457 -7266 Canada E3B 5H1
Case postale 6000
Fredericton
Nouveau- Brunswick
Canada E3B 5H1
www.Qnb.ca10307 /001e.htm www.pnb.ca/0307 /001f.htm
REPORT TO COMMON COUNCIL
ak�-
March 16, 2007
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors,
Re: Destination Marketing Fee (DMF)
Background
The Saint John Hotel Association Ltd., representing six hotel properties in
the City, has taken steps to initiate a Destination Marketing Fee. The DMF
will be 2% on the guest room rate per night and is estimated to generate in
excess of $400,000 annually in Saint John.
The fee will be collected and administered by the Hotel Association and will
be designated for promotion of Saint John as a prime destination. Each
hotel property is prepared to contract with the Hotel Association to collect
this fee for a three year period.
The Owners of the major hotels have requested a Council commitment to
maintain the current level of funding in the Tourism Saint John budget
before contracting to implement the DMF. The purpose of this report is to
make a recommendation to Council in response to this request.
Analysis
The desire to implement a DMF or Hotel Levy has been discussed by
tourism industry representatives for several years. A marketing levy is
common in other Provincial jurisdictions and has been used for a number of
years. Common Council has expressed its support for this type of levy and
has solicited the support of the Cities of New Brunswick Association to
encourage the Province of New Brunswick to enact the necessary enabling
legislation.
The City of Saint John
Report to Common Council Page 2
March 22, 2007
The Province has yet to undertake the required legislative amendments
therefore the Hotel Association has decided to implement a DMF on a
contractual basis. This approach eliminates the need for new legislation.
The purpose of the DMF is to enhance the marketing and promotion efforts
of Saint John as a destination point. The real value and benefit of the fee is
that it will constitute `new' funding to enhance existing promotion efforts
and to seek out and develop new markets.
The request of the Hotel Association to the City to maintain current funding
levels is tied to the importance of this fee generating new or 'additional'
revenues for marketing and promotion. Simply put, if the City were to offset
the DMF funding with a reduction in the Tourism department budget then
there would be no real advantage gained by implementing the levy.
While it is evident that the hotel operators should derive the benefit of
increased occupancy rates with additional marketing and promotion efforts
it should also be understood that the City of Saint John and the broader
tourism sector will also benefit from increased tourism exposure as a
destination point in the Province of New Brunswick.
The request of the Hotel Association for a stable Tourism budget envelope
is reasonable as the DMF will add a substantial new source of funding to
community tourism efforts without the cost falling on taxpayers. In
addition, the City will not be burdened with collection, administration or
enforcement efforts as part of the implementation of an industry initiated
DMF.
Staff cannot, however support any restrictions on the program allocations
within the operating budget or the types of expenditures (wages, travel,
goods and services etc) to be incurred from year to year. These amounts
will vary as changing needs and new opportunities arise.
Concern was expressed about the ability of the current Council to make a
multi -year funding commitment. Absent a formal contractual agreement,
the Council commitment would take the form of a resolution. It is
understood that a subsequent Council could, by resolution, reconsider this
undertaking. Given the contractual obligations of the Hotel Association and
the benefit of the new funding to the City's tourism efforts, Council should
not alter its stated commitment without prior consultation with the
Association.
Report to Common Council Page 3
March 22, 2007
An equally important consideration is the possibility that the hotel owners
opt not to continue with the levy at some time in the future. The Council
commitment to stable funding should be contingent on continued collection
of the DMF by the Hotel Association.
Input from Other Sources
The partners of Venue Saint John and the Saint John Airport have
expressed support for the implementation of the Destination Marketing Fee
provided that the current level of Tourism funding is maintained. The City
Solicitor has provided direction on the text of the recommended resolution.
Recommendation
That Common Council adopt the following resolution;
Resolved that the Saint John Hotel Association Limited be advised that this
Council is currently supportive of maintaining the budget envelope for the
Tourism Department of the City of Saint John at an annual amount of not
less than $918,000 for each of the years 2007, 2008 and 2009 provided the
Association and its six founding hotels continue to apply the 2% Destination
Marketing Fee and further,
That the Saint John Hotel Association provide an annual report of
expenditures to the City of Saint John.
Respectfully submitted,
J. PatrickMoods CGA
Manager
Terrence L. Totten FCA
City Manager
�1 :�
REPORT TO COMMON COUNCIL
19101=1=631601
M &C2007 -61
March 21, 2007
His Worship Norm McFarlane
and Members of Common Council
Your Worship and Councillors:
SUBJECT
Lord Beaverbrook Rink Building Upgrade
BACKGROUND
In July 2002, the City of Saint John prepared a Facility Retrofit Report to assist
the Lord Beaverbrook Rink Board and staff in identifying and prioritizing
required upgrades and, also, areas of potential energy savings, The report
investigated the electrical, mechanical and refrigeration systems, as well as the
overall building conditions. Recommendations were prioritized in order to
develop an action plan to implement required upgrades to ensure efficient
operation and public safety, A four year phase -in totaling approximately $1.1
million was discussed with Council.
In 2002, Council adopted the recommendation and authorized funding in the
amount of $260,000 each year for the next four years to fully implement all
recommendations noted by Facility Management.
The final cost of these recommendations was under budget by $100,000.
Proicet Implementation
The following is a summary list of building upgrades performed between 2003
and 2006.
r
city of Saint john
M & C 2007 -61 - 2 - March 21, 2007
1. Electrical System Upgrade
- All electrical panels, disconnect switches and contactors were upgraded to
meet the current Canadian Electrical Code.
- Developed electrical "as built' drawing.
- Installed a ground fault indicator.
- Light retrofit.
- New ice light system.
2. Refrigeration System Upgrade
- Installed a new compressor equipped with controller, 75 HP electric
motor, soft start and disconnect switch.
- Installed two 25 HP brine pumps, soft start and disconnect switch.
- Installed a computerized ice surface temperature control system.
- Installed a 120 ton chiller.
- Installed two new evaporative condensers.
- Installed glycol cooling system.
- Installed new motor control starter panel.
- Installed a water flow controller for the condenser tank.
3. Mechanical and HVAC System Upgrade
- Installed a heat recovery system in the dressing room and associated
washrooms to improve air quality.
Installed new heating system.
Installed new domestic hot water system.
Installed an Energy Management Control System (EMCS) to control the
heat and the domestic hot water.
- Remove all asbestos from the boiler room, corridor and dressing rooms.
4. Building Exterior
- Repair and seal all exterior concrete panels and apply elastomeric
waterproof coating.
- Replace flat roof above office /canteen/washroom areas with new modified
roof membrane and insulation.
- Replace exterior exit door to parking lot.
5. Building Interior
- Renovate Public Washrooms
- Replace all fixtures and stall partitions.
- Ceramic tile walls.
- Construct new accessible washrooms.
M & C 2007 — 61 - 3 - March 21, 2007
Renovate Dressing Rooms/Shower Areas
- New arena grade rubber flooring
- Replace washroom and shower fixtures.
New stall partitions.
Tile shower walls and floors.
Lower Hallway
Install new arena grade rubber flooring.
Renovations to Lobby /Offices /Canteen
- Replace ceiling tiles.
Insulate ceilings.
Replace counter tops
Replace electrical fixtures.
6. Ice Surface Area
- Ice Slab Repair
- Remove 24 foot section of ice slab and install new concrete ice slab
complete with new piping and heater.
- Remove existing arena boards and replace with new aluminum arena
board system to meet current ice surface standards and protective glass
height requirements.
As a result of these improvements to the Lord Beaverbrook rink, the facility is in
first class, like -new condition and will serve the citizens of Saint John for many
years to come. Furthermore, an annual saving of $70,000 in energy and operating
costs will benefit the Lord Beaverbrook Rink as a result of these improvements.
Appended to this report are photos of the upgrades.
Final Phase
As a final phase of this project, staff are in the process of installing a new radiant
heating system for the seating area, in order to provide adequate comfort for the
spectators.
A detailed Terms of Reference document was developed by staff for the design
and installation of a new radiant heating system.
Proposals were received from three firms:
Kaizen Engineering, Fredericton, NB $47,447.00 + HST
Leroy's Heating Services Ltd., Saint John, NB $51,537.92 + HST
Summit Energy Services Inc., Saint John, NB $52,620.00 + HST
M & C 2007-61 -4- March 21, 2007
After due consideration of all proposals, staff selected the submission of Leroy's
Heating Services as the best proposal based on technical, personnel, company
experience and cost.
The cost of the proposal work from Leroy's Heating Services is $51,537.92 plus
applicable taxes. A total of $100,000 was approved in the 2007 Facility
Management Capital program for the supply and installation of a new generator at
City Hall for ISS and 911 service, in which only a total of $40,000 will be
required for the cost of this generator.
RECOMMENDATION
Your City Manager recommends that a total of $60,000 be transferred from the
Facility Management Capital program to the Lord Beaverbrook, to facilitate the
implementation of the new radiant heating system.
Respectfully submitted,
Wm, E ards, P. Eng.
Com ssioner
mgs and Ins
j
Terrence Totten, CA
City Manager
Attachment
BUILDING UPGRADE
Arena Board Removed
Ice Slab Replacement
New Lobby Ceiling
Hallway Flooring
New Board Installation
Public Washrooms
ELECTRICAL SYSTEM UPGRADE
New Lighting System New Panel
6k. , tµ I 2UP 3 21
Domestic Hot Water System
MECHANICAL & HEATING UPGRADE
Heat Exchanger
REFRIGERATION SYSTEM
Condensor
Motor Control Panel
New Compressor
Ice Surface Temperature Control
New Chiller
OPEN SESSION
M & C 2007 — 62
March 22, 2007
His Worship Norm McFarlane
and Members of Common Council
Your Worship and Councillors:
SUBJECT
Designation of Building Inspector for Enforcement Proceedings,
242 -244 Watson Street
BACKGROUND
The property at 242 -244 Watson Street, PID #364182, is a two storey wood frame
building with two rental units, and is owned by John Law Corporation. In
February 2006, John Law Corporation was served with a Notice to Comply to
Standards, requiring it to bring the property into compliance with the Minimum
Property Standards By -law, by completing 81 violations. The Notice was not
complied with by the date specified in the Notice, so the Building Inspector's
office proceeded with court action in the Provincial Court.
On December 19, 2006, Provincial Court Judge Andrew LeMesurier found John
Law Corporation guilty as charged of having violated the Minimum Property
Standards By -law. A fine was imposed and an Order was issued, requiring the
company to complete specified work by January 19, 2007 and other work by
February 19, 2007. It was also ordered to provide to the Building Inspector, a
report from a qualified professional engineer with respect to the structural
soundness of the building. Inspections found that the Order was not complied
with, nor was the letter from a professional engineer received. The Building
Inspector's office has laid a charge against John Law Corporation for the failure
to comply with the Provincial Court Order. The first appearance date has been
scheduled for March 30, 2007.
It is the opinion of the Building Inspector, from observations of the lean of the
building, deficient foundation and severely sloped floors, that the building at 242-
244 Watson Street is not structurally sound. Mr. Edwards believes that the
building should not be occupied until the John Law Corporation has corrected all
M & C 2007 — 62 - 2 - March 22, 2007
safety related violations and has provided him with a report from a qualified
professional engineer that satisfies Mr. Edwards that the building is structurally
sound. The authority to order that a building be vacated lies with the Court of
Queen's Bench.
The Building Inspector, Mr. William Edwards, wishes to proceed to the Court of
Queen's Bench for an Order that will (1) require the John Law Corporation to
cause the building to be vacated forthwith or within such other time as a Judge
may decide is appropriate, and (2) require the John Law Corporation to keep the
building vacated until all safety related violations have been corrected and that
company has provided Mr. Edwards with a report from a qualified professional
engineer that satisfies Mr. Edwards that the building is structurally sound.
In order to pursue alleged violations that require an application made to the Court
of Queen's Bench, it is necessary that Common Council adopt a resolution
designating the current building inspector, William Edwards, to initiate and
proceed with the application.
RECOMMENDATION
Your City Manager recommends that the following resolution be adopted:
Whereas The City of Saint John has, pursuant to the authority of the
Municipalities Act (Chapter M -22), enacted the Saint John Minimum Property
Standards By -Law (herein referred to as "the by- law "). The by -law applies
throughout the City of Saint John and has adopted the Residential Properties
Maintenance and Occupancy Code of the Province of New Brunswick (herein
referred to as "the Code ").
And Whereas Mr. William Edwards, P. Eng., is employed by The City of Saint
John as, among other things, its Building Inspector and also as a Standards
Officer. His duties include the enforcement of the City's Building By -Law and
the City's Minimum Property Standards By -Law.
And Whereas the John Law Corporation is shown by the records of the Saint John
County Registry Office to be the registered owner of the property that is located at
242 -244 Watson Street, Saint John, N.B., and has Service New Brunswick PID
number 364182. Located on this property is a two storey building (herein referred
to as "the building ") which is used for residential purposes.
And Whereas Amy Poffenroth, P.Eng., who is also employed by The City of
Saint John as, among other things, a Standards Officer, issued on February 8,
2006, an Order to the John Law Corporation which required it to bring the
building into compliance with the by -law by correcting approximately 81
violations of the by -law and/or the Code.
And Whereas on December 19, 2006, Provincial Court Judge Andrew LeMesurier
found the John Law Corporation guilty of having failed to comply with the Order
M & C 2007 — 62 - 3 - March 22, 2007
of Amy Poffenroth and imposed a fine of three hundred dollars ($300). Judge
LeMesurier ordered the John Law Corporation to correct some of the violations of
the by -law and/or Code by not later than January 19, 2007, and others by not later
than February 19, 2007. Judge LeMesurier also ordered the John Law
Corporation to provide to Mr. Edwards, by not later than January 5, 2007, a report
from a qualified professional engineer with respect to the structural soundness of
the building.
And Whereas Mr. Edwards has advised that the John Law Corporation has still
not provided him with a report from a qualified professional engineer with respect
to the structural soundness of the building and also has not corrected all of the
violations of the by -law and/or Code. Mr. Edwards believes, based on his
following observations, that the building should not be occupied until the John
Law Corporation has corrected all safety related violations of the by -law and/or
Code and has provided him with a report from a qualified professional engineer
that satisfies Mr. Edwards that the building is structurally sound. Mr. Edwards
observed that the building is leaning significantly, that floors are sloping in
various directions, that a closet door has been cut a number of times to account for
the shifting of the floors, that exterior trim along the foundation appears to have
moved, and the exterior stairs and landings have shifted. Safety related violations
that have not been corrected include obstructed exiting, missing or improperly
placed smoke detectors, missing handrails, bedroom windows that cannot open,
falling plaster, and exposed electrical wires.
It Is Hereby Resolved that Mr. William Edwards is hereby designated and
authorized to make an application on behalf of The City of Saint John to the Court
of Queen's Bench of New Brunswick for an Order that will: (1) require the John
Law Corporation to cause the building to be vacated forthwith or within such
other time as a Judge may decide is appropriate, (2) require the John Law
Corporation to keep the building vacated until all safety related violations have
been corrected and that company has provided Mr. Edwards with a report from a
qualified professional engineer that satisfies Mr. Edwards that the building is
structurally sound, and (3) require the John Law Corporation to pay to The City of
Saint John its costs with respect to the making of the application.
Respectfully submitted,
Wm. Edwards, P. Eng.
Commissioner, Buildings and Inspection Services
Terrence Totten, CA
City Manager
REPORT TO COMMON COUNCIL
M & C 2007 -59
His Worship Mayor Norm McFarlane
and Members of Common Council
Your Worship and Members of Council:
SUBJECT: Consultant Services — Howes Lake Landfill Closure Phases II & III
PURPOSE
71r � I
The City of Saint john
The purpose of this report is to update Council on the status of the consulting services for the
Phase II and Phase III projects for the Howes Lake Landfill Closure and additional costs
incurred.
BACKGROUND
During the 2006 construction season, both the Phase II and Phase III projects were constructed.
The Phase II project (Contract 2005 -22) involved beginning the installation of the leachate
perimeter piping system and a sanitary sewer main from the landfill site to the sanitary system on
University Avenue, for treatment of the leachate at the Millidgeville Wastewater Treatment
Plant. The Phase III project (Contract 2006 -15) involved site regrading and the continuation of
the installation of a low permeability cover on an area to the east of Samuel Davis Drive. Due
to good contract prices, an additional area to the west of Samuel Davis Drive was also covered
with the low permeability cover.
For both of these projects, GEMTEC Limited was engaged to provide full time field inspection
and general project management services. The proposed cost to complete the original scope of
work was $74,000.00.
ANALYSIS
All engineering services for both Phase II and III have been completed. The costs have been
finalized and agreed upon by both the City and GEMTEC Limited. The following is a summary
of the additional costs, including HST, for these projects:
M &C 2007 -59
March 22, 2007
Page 2
1 Phase II — Fish Rescues $ 3,328.12
Due to environmental regulations, it was necessary to
conduct four fish rescue operations in order to allow the
construction work to proceed. These rescues were not
anticipated in the original budget.
2 Phase II — Additional Construction Supervision $ 55,214.75
The additional costs for Phase II are due to a number of
factors. Additional engineering services were required to
comply with environmental regulations and to adjust the
design of the collection system to better suit field
conditions (uncovered during construction.) Additional
inspection time was required due to the difficult progress
of construction on the old landfill site and the requirement
to provide full time field inspection. The contractor was
working in very difficult conditions and progress was
slowed due to the weather and general site conditions —
limited access and working in the previously landfilled
area.
3 Phase III — Additional Construction Supervision $ 5,577.99
These additional costs are related to the additional work
carried out under Contract 2006 -15. Due to favourable
contract unit prices, the decision was made to cover an
additional area to the west of Samuel Davis Drive to make
use of available funding.
Total Additional Costs: $ 64,120.86
FINANCIAL IMPLICATIONS
The final cost for GEMTEC Limited to provide project management services for the two projects
in 2006 is $138,120.86. The difference between the final costs and the original costs for 2006 is
$64,120.86 ($138,120.86 - $74,000.00). There is adequate funding in the approved General
Fund Capital Environment Budget for this project to cover these additional costs.
These two phases of the closure project are cost shared 50% with the Province of New
Brunswick. Based on this cost sharing arrangement, the City and the Province would both share
50% of these additional costs. These additional costs have been discussed with staff from the
Provincial Department of the Environment and they are in agreement.
M &C 2007 -59
March 22, 2007
Page 3
RECOMMENDATION
It is recommended that Common Council approve the additional fee of $64,120.86 from
GEMTEC Limited to provide consulting services for Phase II and Phase III projects for the
Howes Lake Landfill Closure during 2006 as outlined in this report.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
M &C- 2007 -70
March 23, 2007
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Land Acquisition Policy
Harbour Clean -Up
BACKGROUND:
As Council is aware, The City of Saint John, with the support of the Provincial
and Federal Governments of Canada, intend to build sanitary sewerage
infrastructure which ultimately will discontinue raw sewerage from entering into
the Harbour. This `Harbour Clean -Up' project is estimated to be an $88 million
dollar investment. The sewerage infrastructure required includes, but is not
limited to, twenty -one lift stations as well as many miles of service mains and
interceptor sewers. This infrastructure will be located on, and crossing dozens of
properties. These properties are held by a variety of owners from individuals to
corporations as well as other governments and their agencies. The `Harbour
Clean -Up' project is estimated to be a 5 -year project. This time frame is
aggressive and requires timely acquisition of the various land interests required,
be it fee simple or easement.
ANALYSIS:
In order to ensure the necessary land interests are acquired in a timely manner and
without any missing portions, a policy regarding the acquisition process is not
only required but ultimately critical.
The only method which guarantees the acquisition of the necessary rights in land
is expropriation. Negotiation would still be utilized, but all parties must be aware
of the potential for expropriation if negotiations fail to lead to a final conclusion.
Report to Common Council
March 23, 2007
Page 2
The term `expropriation' can elicit emotional responses. Land owners are very
subjective in their opinions of value, and negotiations without a mechanism to
ensure successful acquisition can be long, frustrating to all parties, and in many
cases fruitless.
The `Harbour Clean -Up' is a priority of the City and the community at large, as
well as of higher levels of government. A policy to this end is required by the
City.
The purpose of enacting a policy affecting the City's right of expropriation is not
one of controlling costs. Land owners should be compensated more than fairly for
their losses. The proposed expropriation process is not designed to control
acquisition costs, but to ensure timeliness and guarantee the project design will be
functional without any key missing elements.
Any expropriation process utilized by the City would still include negotiation
with the goal of reaching voluntary agreements on value. The method is similar to
that used by the New Brunswick Department of Transportation and similar to that
utilized in the Red Head Secondary Access Road project. As such, each interest
should be appraised to create a base value for the interest. Land owners will be
offered premiums to the appraised value to promote goodwill, equity, and
ultimately a negotiated settlement of value. Notice of expropriation will be made
"Without Prejudice" and used as a matter of course in all of the individual
"Harbour Clean -Up" projects.
In order to affect the expropriation process, Council will be asked to adopt a
number of resolutions which may include but is not limited to the following:
1) Appoint a number of agents for the purpose of conducting
investigations as to the soil suitability for sewer infrastructure of the
lands to be expropriated;
2) Authorize entry by City employees and agents upon the lands
proposed to be expropriated;
3) Authorize execution and delivery of a Notice of Entry with respect to
each property proposed to be expropriated;
4) Authorize the retaining of a Survey Company to produce the survey
documentation required to support expropriation proceedings; and
5) Authorize the expropriation and further direct the City Manager to
proceed with negotiations to secure voluntary agreements on valuation
for the properties required for the proposed project.
Report to Common Council
March 23, 2007
Page 3
At this point staff is not proposing a specific resolution on all or any particular
property. These actions will be requested on a project by project basis, however a
policy is required
RECOMMENDATION:
That Common Council adopts a land acquisition policy for Harbour Clean -Up
projects whereby the City utilizes its expropriation rights as a means of
ensuring the timely acquisition of any and all the necessary land interests
related to the project.
Respectfully submitted,
Jim R. Baird, MCIP
Commissioner
Planning and Development
Terrence Totten, F.C.A.
City Manager
Attachment
BI:111
REPORT TO COMMON COUNCIL
M &C 2007
February 22, 2007
His Worship Mayor Norm McFarlane
And Members of Common Council:
Your Worship and Councillors:
SUBJECT
Proposal to Lease City Arena to Yerxa Sports Clinics Inc
BACKGROUND:
The Cite of Saint John
Over the past 20 years, the City of Saint John has provided Summer /Fall Ice Programs at a city
arena initially through a partnership arrangement. Since 1999 the ice operations have been provided
by a private operator selected through a public competition. There is considerable community
demand for these programs.
ProCo Hockey Inc had won a bid to operate the 2005 — 2009 Summer /Fall Ice Program. This
contract has been terminated due to failure to pay the fall 2006 lease fee. Staff has received an
unsolicited proposal from Yerxa Sports Clinics Inc. to provide this service for 2007 — 2011.
Yerxa Sports Clinics Inc had a nineteen year partnership with the City of Saint John. Past
participants have registered from the Greater Saint John Community as well as Eastern United
States and Maritime Provinces. Programs include clinics for hockey, figure skating and adult
recreational hockey. Meals are purchased through local merchants and off -ice training is scheduled
at the Simonds High School. Yerxa Sports Clinics Inc. had lost the bid to operate the summer ice
in 2005 due to a competitor offering a higher rental fee.
Staff have discussed with Mr. Yerxa the terms of the proposed five year lease (98 days annually)
between the City of Saint John and Yerxa Sports Clinics Inc. These terms are provided in
Schedule A appended.
ANAT.VRiC
The termination of the ProCo Hockey Inc lease requires a swift resolution to an immediate concern
— providing a Summer /Fall Ice Program. The marketing of any ice operator requires sufficient in-
season timing. The unexpected termination of the previous operator leaves a small window of
marketing opportunity for a new partner. The importance of an immediate decision is to provide Mr.
Yerxa the ability to promote this program during a busy March Break (March 5 -11) ice period for a
successful Summer /Fall Ice Program. The five year lease is both recognizing Mr. Yerxa's ability to
provide an excellent `last minute' program for the City and commitment to allow developing the
program to reach the heights achieved in previous partnerships. The 98 day lease option as per Mr.
Yerxa's proposal, would best service the community needs. If Council decides not to accept this
proposal, staff will rent the ice time but will not have the resources to provide any programming or
clinics.
FINANCIAL IMPLICATIONS
Staff supports the City of Saint John entering into the proposed agreement with Yerxa Sports
Clinics Inc based on the terms outlined in SCHEDULE A (dated February 20, 2007), submitted by
Mr. Yerxa.
In accordance with the terms outlined in SCHEDULE A, the City of Saint John will receive
$286,650 during the five year lease period. The agreement provides for an increase in revenue both
the second and third years.
2007
$46,550 July 2 —
Oct 8
2008
$53,900 June 30
— Oct 6
2009
$58,800 June 29
— Oct 5
2010
$63,700 June 28
-- Oct 4
2011
$63,700 July 4 —
Oct 10
Operating Hours: 8:00 am — 12 :00 midnight (weekends)
8:00 am — 1:00 am (weekdays)
RECOMMENDATIONS
It is recommended that the City of Saint John enter into an agreement with Yerxa Sports Clinics
Inc for the lease of the Stewart Hurley Arena to provide summer ice programming, under terms
outlined in SCHEDULE A (February 20, 2007) and further, that the Mayor and Common Clerk be
authorized to execute all necessary documents.
Respectfully submitted,
Bernie Morrison,
Commissioner of Leisure ervices
Terrence L. Totten, CA
City Manager
2
SCHEDULE A
"Proposal for Summer Ice Operation 2007, 2008, 2009, 2010, 2011"
Yerxa Sports Clinics
February 20, 2007
Preface Yerxa Sports Clinics, which is owned and operated by John Yerxa, proposes a contract,
for 2007, 2008, 2009, 2010 and 2011, with the City of Saint John based upon the following:
• The City of Saint John and Yerxa Sports Clinics enter into a five year agreement.
• An expanding five year contract with higher per /day fees in the following seasons.
• A reasonable escalating fee structure that allows Yerxa Sports Clinics to rebuild their
business and therefore ensure a viable long term tenant for a city arena.
• Yerxa Sports Clinics has previously worked in partnership and under contract with the
City for nineteen years.
• This agreement with Yerxa Sports Clinics will allow both parties to reestablish a
mutually beneficial relationship.
• Yerxa Sports Clinics have a proven track record with the City of Saint John for financial
reliability, customer relations and quality programs.
• Yerxa Sports Clinics will provide quality, well respected, summer recreational activities
for the citizens of Saint John.
1.) History of Yerxa Hockey Clinics and the City of Saint John as it relates to arena
prommminz.
My (John Yerxa) relationship with the City of Saint John began over twenty -seven years ago. I
began buying significant quantities of summer ice time from David Goss for the high school
hockey team I was coaching. Twenty -one years ago David Goss (recreation supervisor) and I
negotiated a contract, which employed me to run hockey schools for The City of Saint John. I
was paid a contracted fee to hire staff, by materials and instruct at the annual summer hockey
school. Parks and Recreation Dept staff handled all registration fees, record keeping, and
marketing. City staff spent significant amounts of time on bookkeeping duties as well as fielding
numerous telephone calls from customers. Gradually, over the past twenty -one years, this
relationship with the city has evolved into a five year contractual agreement. This contract freed
City staff to do other duties and, for all practical purposes, allow me to manage the Arena for a
98 day summer period. City staff members Bill Butler, Pat Palmer, Kevin Carson and David
Goss worked closely with Yerxa Sports Clinics during this transition.
2). Advantages for the City Of Saint John other than remuneration.
• Yerxa hockey Clinics will manage all aspects of the hockey clinics, organize leagues,
market ice sales as well as work closely with city staff and rink attendants to maintain
quality and safe ice conditions. Other than staffing the arena, no hours will be required of
any city staff in this operation.
• This contract will free city staff of the many hours needed trying to promote, market and
manage summer hockey programs and maximize summer ice sales.
• Yerxa Sports Clinics will be able to plan, promote and expand its products effectively
and therefore build and extend this contract.
• This expanding five year agreement will allow the city to keep an arena open longer and
offer more recreational opportunities for the citizens of Saint John.
• Yerxa Sports Clinics will generate enough income to successfully fulfill the financial
obligations of this five -year contract.
• Our twenty -five year relationship with the City has led to an effective, consistent and
successful method of serving the citizens of Saint John. This proposed contract is an
example of a successful private /public partnership
3.) Description of Service to be provided
Yerxa hockey clinics will lease the Stewart Hurley Arena for approximately two months (Aug 7-
Oct 8.) The service provided will be summer hockey clinics for children, summer hockey leagues
for children, as well as opportunities for youth and adult user groups to rent ice time. Yerxa
Sports Clinics offers high quality summer hockey and skating programs for children at a
reasonable cost. We have offered five hockey leagues for children, (ages 7 -17) and also have
many long -term adult user groups who rent ice from us annually.
4.) Target Groups
Yerxa Sports Clinics market our programs to:
• The parents of children who play hockey in Saint John and surrounding areas.
• The parents of children who figure skate in Saint John and surrounding areas. .
• Supervised youth and adult groups in Saint John and surrounding areas who wish to
purchase ice time.
• Our primary customers over the past years have been persons in the hockey, figure
skating and speed skating communities.
5.) Market Factors
• Because Yerxa Sports Clinics was not awarded the contract in 2005 we must rebuild our
business. Leagues, clinics and private ice sales must be reestablished.
• Yerxa Sports Clinics can not expect to have the customer base of 2005. Yerxa Sports
Clinics had worked in partnership with The City for 19 years to build a loyal clientele,
who will need to be attracted once again.
• The city must work with Yerxa Sports Clinics, especially in 2007, to build my business
and allow me to generate the activity that I have lost over the past two years.
• The opening of Harbor Station for summer ice sales could negatively impact ice sales and
clinic and league enrollment.
• The growth of summer sports (soccer, baseball, lacrosse, football etc.) has created more
significant competition for recreational dollars.
• In summation: the market for summer hockey is very different than when the last five -
year contract was negotiated and signed in 2000.
6.) Minimum Liability Insurance
4
Yerxa Sports Clinics has had 2,000,000 $ liability insurance for the duration of the previous
contract 2000 -2004. We will continue to deal with the same insurance company and provide
2,000,000 $ liability coverage with the City of Saint John named as co- insured.
7.) Leased Facility
This proposal is specific to leasing the Stewart Hurley Arena. Yerxa Sports Clinics requires
the use of the swimming pool, playing fields and classrooms at Simonds High School for our
most popular clinics.
8.) Amount Paid To City
• Yerxa Sports Clinic proposes: The payment schedule in effect for the 2007 contract
@475$ /day, 2008 550$ /day, 2009 600$ /day and 2010 -2011 650$ /day.
• Yerxa Sports Clinics proposes a five year agreement.
• The first year of this lease would be 62 days @ 475$/day (Aug 7- Oct 8.)
• In 2007 if The City requires the lease be for 98 days @475$ (July 2 -Oct 7)
• Total first year lease fees paid to the City of Saint John 29450$ for 62 days or 46550$
for 98 days.
• All aspects of the 2000 -2004 contract with Yerxa Sports Clinics will stay intact except
the following:
Amend schedule "c" d) ii to read: In the event of a breakdown and no other rink
is available the Lessor shall refund to the Lessee 475$ /day or 150$/hour of leased time
for each day or hour of non - operation during the time set forth in clause 4(b) of the 2000-
2004 contract.
• Amend schedule "c" 5 (c) Provide one experienced, long term, arena employee on site
during the hours of operation. (July and August are the busiest time of the year and
require experienced attendants to maintain safe ice quality).
• Add to Schedule "c" # 8 the lessee reserves the right to withdraw from any unused
portion of this lease after a completed summer program. Notification must be by Nov. 15
of the year preceding the next summer's operation.
• The period of the lease shall be 62 consecutive days Aug 7 -Oct 8 2007 or 98 days July
2 -Oct 7. The length of this contract can be extended by beginning as early as the first
Sunday after July 1 in summers 2008 and 2009. The rate for 2008 will be 550$ /day and
2009 600$ /day. The 2010 and 2011 rate is 650$ /day.
• Should the length of the contract be extended or reduced the amount of payment or
refund will be 475$ /day 2007, 550$ /day 2008, 600$ /day 2009 and 650$ /day 2010 -2011.
• The city of Saint John agrees not to lease any city arenas for programs requiring ice from
May 1 to Sept 30 in any year during the term of this contract. *See below
9.) Payment Schedule
62 day schedule
April 302007 5000$ 2007 Aug 7- Oct 8 (62 days) = 29450$
June 302007 10000$
Oct. 152007 14450$
98 day schedule
April
302007
5000$
June
302007
15000$
Oct.
152007
26550$
2007 July 2- Oct 8 (98 days) = 46550$
• The lease fees paid to the City of Saint John will increase over the five year agreement.
(550$ /day 2008, 600$ /day 2009, $650$ /day 2010 -2011)
• It is the intention of Yerxa Hockey Clinics to rebuild its summer hockey programs and
reestablish a long established partnership with the City of Saint John.
* Marketing the fifty daytime hours per week during July and August has required a great deal of
effort. It has taken many years for Yerxa Sports Clinics to design, market and promote
programming that fills these non- primetime hours. The successful programming (clinics,
leagues, figure skating school etc.) designed and marketed by Yerxa Sports Clinics, during these
daytime hours, makes leasing the Stewart Hurley Arena financially viable. The programs Yerxa
Sports Clinics operate during the daytime hours throughout the months of July and August must
be financially successful. If the enrollment in these programs were eroded by similar operations
in other city arenas there will not be enough revenue to finance this lease.
The City of Saint John and Yerxa Sports Clinics are in a mutually beneficial partnership that
depends upon each partner understanding and appreciating the elements involved in running a
successful business. Opening another city arena would seriously impact the long term and highly
successful relationship Yerxa Sports Clinics has had with the City of Saint John.
Conclusion:
Yerxa sports clinics does business in an ethical and principled manner and we have a
nineteen year track record with The City of Saint John that verifies these facts.
• We serve our customers.
• We pay our bills.
• We offer quality products.
• We honor our partners and our commitments.
Thank you
John Yerxa
Owner operator Yerxa Hockey Clinics
6
This License made in duplicate this day of March, 2007.
BY AND BETWEEN:
The City of Saint John, having its City
Hall at 15 Market Square, Saint John, New
Brunswick, a body corporate by Royal
Charter, confirmed and amended by Acts of
the Legislative Assembly of the Province of
New Brunswick, hereinafter called the
"Licensor"
Is] 00:101#]0•12170:.i1
- and—
John Yerxa Sports Clinics Inc., a company
duly incorporated under the laws of the
Province of New Brunswick, having its head
office at 77 Bovaird Lane, in the Town of
Hampton, County of Kings, Province of
New Brunswick, hereinafter called the
"Licensee"
OF THE OTHER PART
WHEREAS the Licensor is the owner of premises known as the Stu
Hurley Arena located at 1500 Hickey Road, Saint John, New Brunswick; and
WHEREAS the Licensee has submitted a proposal to the Licensor for the
use of the Stu Hurley Arena save and except: the ice plant and maintenance
room; ice - making equipment; office and storage rooms of minor hockey and
figure skating and also the use by the Licensor, its officers, servants, agents,
contractors and workers of a right of way for access to and from those parts of the
Stu Hurley Arena not hereby licensed, hereinafter the "Premises'; and
WHEREAS the Licensor has agreed to grant the within License upon the
terms and conditions herein contained;
NOW THEREFORE THIS INDENTURE WITNESSETH that for and in
consideration of the sum of One Dollar ($1.00) of lawful money of Canada and
other good and valuable consideration, the receipt whereof is hereby
acknowledged, the Licensor does hereby grant, subject to the terms, conditions,
covenants and provisions herein contained, permission and license to the
Licensee, its servants, agents, employees, contractors and invitees to enter into
and upon and exit from the Premises during such periods of occupation and use as
hereinafter set out solely for the purposes of providing on -ice recreational
programs and renting of ice time to others during the hours of 8:00 a.m. to 12:00
p.m. midnight, (Saturdays and Sundays) and 8:00 a.m. to 1:00 a.m. (Monday to
Friday). All time is Atlantic Daylight Time and not otherwise.
I. The Licensee may occupy and use the premises from and including July 2,
2007 to and including October 8, 2007, from and including June 30, 2008 to and
including October 6, 2008; from and including June 29, 2009 to and including
October 5, 2009; from and including June 28, 2010 to and including October 4,
2010; and from and including July 4, 2010 to and including October 10, 2011, but
not otherwise.
License Agreement
John Yerxa Sports Clinics Inc. — Stu Hurley Arena
-2-
2.(i) The Licensee shall pay to the Licensor for the occupation and use of the
premises in the amounts of Forty Six Thousand Five Hundred and Fifty
Dollars ($46,550.00) for the 2007 period; the sum of Fifty Three
Thousand Nine Hundred Dollars ($53,900.00) for the 2008 period; the
sum of Fifty Eight Thousand Eight Thousand Hundred Dollars
($58,800.00) for the 2009 period; the sum of Sixty Three Thousand Seven
Hundred Dollars ($63,700.00) for the 2010 period; and the sum of Sixty
Three Thousand Seven Hundred Dollars ($63,700.00) for the 2011 period.
(ii) The payment of the license fee shall be in installments on the dates and in
the amounts as follows:
April 30, 2007 -
$ 5,000.00
June 30, 2007 -
$ 15,000.00
October 15, 2007 -
$ 26,550.00
April 30, 2008 -
$ 5,000.00
June 30, 2008 -
$ 20,000.00
October 15, 2008 -
$ 28,900.00
April 30, 2009 -
$ 5,000.00
June 30, 2009 -
$ 25,000.00
October 15, 2009 -
$ 28,800.00
April 30, 2010 -
$ 5,000.00
June 30, 2010 -
$ 30,000.00
October 15, 2010 -
$ 28,700.00
April 30, 2011 -
$ 5,000.00
June 30, 2011 -
$ 30,000.00
October 15, 2011 -
$ 28,700.00
(iii) All installments shall be paid in cash or certified cheque during normal
business hours at the Office of the Commissioner of Finance, 9a` Floor,
City Hall Building, 15 Market Square, Saint John, New Brunswick, or
such other place as may from time to time be designated by the Licensor.
3. (i) If and whenever any license fee or any portion thereof hereby required is
not paid by the Licensee and remains unpaid for a period of three (3) days
after any of the days upon which the same ought to have been paid, and
whether or not any formal or other demand has been made therefor, or if
the Licensee is in breach or in default under any of the Licensee's
obligations, conditions or agreements contained in this License and
whether or not any formal or other demand has been made therefor, then
in any such case the Licensor shall have the right to terminate this License
and, upon the exercise of such right, the Licensee may terminate this
License and the Licensee shall have no further recourse
(ii) Either the Licensor or the Licensee may terminate this License upon
written notice given one to the other on or before November 15th in any
year 2007 -2010 inclusive.
4.(i) The Licensee shall keep in place during the full term hereof
comprehensive general liability insurance in a minimum amount of Two
Million ($2,000,000.00) Dollars wherein the Licensor is named an
"additional insured" and wherein there is a cross - liability clause;
(ii) The Licensee shall provide a Certificate of Insurance to the Licensor at the
time of the execution of this License evidencing the insurance coverage
described in (i) hereof and providing that coverage shall not be altered or
cancelled without the insurers giving thirty (30) days notice in writing to
the Licensor prior to any such alteration or cancellation.
License Agreement
John Yerxa Sports Clinics Inc. — Stu Hurley Arena
-3-
5. The Licensee shall not have any claim against the Licensor for loss or
damage of any nature, kind or description whatsoever arising from the exercise or
purported exercise of the License herein granted, unless such loss or damage is
due to the negligence of the Licensor or its employees, servants or agents.
6. Notwithstanding Clause 4 hereof the Licensee does hereby indemnify and
save harmless the Licensor from all damages, claims, demands, actions, suits or
other proceedings by whomsoever made, brought or prosecuted in any manner
and whether in respect of property owned by others or in respect of damage
sustained by others based upon or arising out of or in connection with this License
or anything done or purported to be done in any manner hereunder.
7. The Licensee and all the Licensee's customers shall, at all times, comply
with such rules and regulations in use by the Licensor from time to time as may
be reasonably applicable, currently entitled "City of Saint John Leisure Services
2006 -2007 Arena Use Regulations ", a copy of which is attached hereto as
Schedule "C -1 ".
8. The Licensee shall pay promptly all charges, taxes, rates and assessments of
whatsoever description which during the term of this License shall be chargeable
upon or become payable in respect to the operation of the Licensee or its
occupation of the Premises.
9. The Licensee shall determine the amount and pay to the proper authority,
when applicable, all fees, charges or royalties properly due to Composers,
Authors and Publishers Association of Canada Limited and/or to Performing
Rights Organizations of Canada Limited in accordance with the Copyright Act,
Chapter C -30, R.S.C. 1970 as amended, such fees, charges or royalties are the
sole responsibility of the Licensee.
10. The Licensee shall not assign, transfer or otherwise by any act cause or
permit this permission and license or any portion hereof to be assigned or
transferred to any person(s) whomsoever.
11. The Licensee shall, upon the termination of this License, immediately and
at its own expense, remove from the Premises any and all property brought or
placed upon the Premises by the Licensee and shall restore the Premises to as
good an order and condition as prevailed immediately prior to the commencement
of the term hereof and in the event of the failure of the Licensee to do so with
reasonable expedition, of which the Licensor shall be the sole judge, the Licensor
may effect such removal and restoration at the Licensee's own risk and expense,
but the Licensor shall be by reason of any action taken or things required under
this paragraph be entitled to compensation, reimbursement and indemnity from
the Licensee.
12. The Licensor shall:
(a) maintain the ice and operate the premises at the same standard
used during the regular season;
(b) pay for all maintenance and operating costs;
(c) provide one experienced employee on site during the hours of
operation;
(d) (i) in the event of breakdown, endeavour to make available
another rink;
License Agreement
John Yerxa Sports Clinics Inc. — Stu Hurley Arena
-4-
(ii) in the event that no other rink is available, the Licensor shall
refund to the Licensee Sixty -Five Dollars ($65.00) per hour of
leased time for each hour of non - operation during the time set forth
in Clause 4(b) above; and
(e) agrees not to lease or license any other City arenas to any other
summer operator for programs requiring ice from May 1 to September 30
in any year during the term of this License.
13. The Licensor reserves the right to change its method of operation of its
arenas at any time and in such event hereby provides that the Licensee may, as a
result of such change in operation, withdraw from any unused period of use
permitted by this License.
IN WITNESS WHEREOF the parties hereto have set their corporate seals
duly attested by the signatures of their properly authorized officers respectively
the day and year first above written.
SIGNED, SEALED & DELIVERED)
}
}
}
}
)
}
}
THE CITY OF SAINT JOHN
N.M. McFarlane, Mayor
J. Patrick Woods, Common Clerk
Common Council Resolution:
March 2007.
YERXA SPORTS CLINICS INC.
Per:
John Yerxa, President
SCHEDULE "C -1"
CITY OF SAINT JOHN LEISURE SERVICES
2006 — 2007 ARENA USE REGULATIONS
1) Rates are subject to change without notification,
2) Ice cleaning is done after each hour according to the master schedule and any variance
customer's wish will be taken off customer's scheduled time.
3) There is no flexibility in regards to time stated on the contract. It is the arena attendant's
decision in respect to the finish of a session and cleaning of the ice. Teams and referees
may not extend any period into another user's time or open time. Therefore, during play-
offs, teams must buy sufficient overtime allotment in advance or finish tied games with a
once only 5 minute straight time which comes from the ice cleaning period.
4) Your contract outlining user dates, cancelled by your request or by special arena
programs will be mailed to you. Study your contract carefully upon receipt. It is usually
the only notification you will receive of program changes.
5) Payment procedure: The three prepayment methods outlined on the overleaf and on the
sheets attached, are the only accepted methods that will ensure assigned ice sessions.
Customers must ensure all cheques will clear their bank account on the specified dates
and no cash can be substituted for cheques.
6) Contracts are not normally transferable. Should any booked period be sold to another
user, the Recreation Division must be so advised. Should a dispute arise at the rink, the
attendant will defer to the normal contract holder. Minor groups are never permitted to
sell allocated time at above youth rates.
7) No admission fees shall be charged by the permit holder unless specified on the face of
this permit, or approved by the booking office. There will be a $25.00/hour surcharge for
groups charging admission.
S) The arenas are No Smoking facilities under City by -law. No Liquor, or persons
under the influence of liquor, shall be allowed on the premises. Teams must enforce
proper conduct of all members. Police will be asked to enforce this regulation on a
consistent basis. 1" Offence: Loss of next ice rental; 2nd Offence: Loss of next 3
rentals; 3'd Offence: Loss of season rental. Tournaments requiring a Liquor
License must apply 6 weeks before tournament and fill in special provincial & city
approval forms.
9) The contract holder is responsible for damages to the premises arising out of his use of
the facility,
10) The arena attendant on duty is in complete charge of the facility, and his instructions are
to be followed at all times. Teams must vacate dressing rooms one half hour after end of
scheduled session.
11) The Department reserves the right to cancel a contract at any time with or without cause
and to change schedules to accommodate special events. Customers are always advised
of such changes on the contract.
12) A facility contract is not normally cancellable. If a session is cancelled and remains
unsold, it will be charged to the normal contract holder, except during playoffs, if the user
communicates need by February 23.
13) In the event of storm situation, the Leisure Set-vices Department is the sole judge of
conditions, and unless the arenas are cancelled, teams will be charged for ice time.
Cancellations will be given on radio.
14) Customers are responsible for securing dressing rooms with City locks signed out with
arena attendant. The Recreation & Parks Division will not be responsible for any loss or
theft as a result of use of the facility.
15) In the event of machine breakdown, or poor ice quality, do not use the ice. Once used,
the best we can do is give a partial credit if we agree that the ice was not usable. Due to
recent lawsuits, if the attendant deems the ice unsafe, teams will not be permitted to play.
16) Skate sleds are not for use during free or public skating sessions. Only Skate sleds are
permitted during tiny tots, school or private rentals.
17) Use of hockey sticks and pucks is confined to the ice surface only.
18) All persons on the ice must wear skates.
19) No food or drink is allowed while skating.
20) The City of Saint John, its employees, and agents, cannot be held responsible for any
personal injury suffered by any user as a result of programs carried out at a city -owned
facility
21) All arena user groups must have their own insurance to cover any accidents incurred
while using the arena. Groups should check with their respective ice associations (i.e. NB
Amateur Hockey)
} March 15, 2007
1
Mayor and Councillors,
Attached is a copy of a draft Resolution in support of the Self Sufficiency Task
Force recommendation to grow 25% more wood on crown land by 2026. This
Resolution is similar to one passed a couple of years ago by Common Council.
I would appreciate it if you could have this Resolution tabled for the March 26th
meeting of Council. Since the deadline for submission of comments to the Self
Sufficiency Task Force is March 31 st, if the resolution is approved I would ask
that your letter of support be submitted as soon as possible.
If you have any questions or require further information, please do not hesitate to
contact me. Thanks very much for your help in this matter.
(Source verified by E. Gormley)
Chris MacDonald
Director, Government Relations
J.D.Irving, Limited
300 Union Street
P.O.Box 5777
Saint John, New Brunswick
E21- 4M3
Ph:(506) 632 -5972
Cell:(506) 650 -3072
Fax:(506) 648 -2205
people;
City of Saint John
Common Council Resolution
WHEREAS the forest products industry in New Brunswick employs over 23,000
AND WHEREAS the forest products industry in the City of Saint John employs
over 1,400 people;
AND WHEREAS the forest products industry in New Brunswick pays out over
One Billion Dollars annually in wages and benefits;
AND WHEREAS the forest products industry in the City of Saint John pays out
over One Hundred Million Dollars annually in wages and benefits, over Eight Million
Dollars in property and water and sewage taxes, as well as providing related economic
benefits to our port, airport, community college and numerous local businesses that
supply goods and services to forest products operations;
AND WHEREAS forest product businesses in Saint John have spent over 750
Million Dollars in capital investments in the past ten years;
AND WHEREAS the Self - Sufficiency Task Force has recommended that the
Province increase its yield from its forest by 25% by 2026;
AND WHEREAS the future of the forest products industry in New Brunswick,
including Saint John, is dependent on the provincial government supporting increased
tree growth on its forests;
AND WHEREAS it is widely acknowledged that growing trees reduces the
impact of climate change and global warming;
AND WHEREAS the City of Saint John supports increasing the yield from
Crown Land by 25 percent by 2026 provided that this increased yield can be performed
in an environmentally responsible way based on good science;
BE IT THEREFORE RESOLVED that Common Council send a letter to the
Co- Chairs of the Self - Sufficiency Task Force strongly supporting their recommendation
to increase the yield from New Brunswick's forest by 25 percent by 2026 in order to
support the continued investment in the forest products industry of this Province.