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2007-07-16_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, July 16, 2007 Committee of the Whole 1. Call to Order 4:00 p.m. 8th Floor Boardroom City Hall 1.0 Legal Opinion 10.2(4)(f) 1.1 Nominating Committee 10.2(4)(b) 1.2(a) Personnel Matter 10.2(4)(b) 1.2(b) Personnel Matter 10.2(4)(b) (Forwarded from July 3, 2007) 1.2(c) Personnel Matter 10.2(4)(b) 1.2(d) Personnel Matter 10.2(4)(b) 1.3 Legal Personnel Matter 10.2(4)0) (Forwarded from July 3, 2007) 1.4 Personal and Employment Matter 10.2(4)(b,j) (Forwarded from July 3, 2007) 1.5 Land Negotiations 10.2(4)(d) (Forwarded from July 3, 2007) 1.6 Projected Financing 10.2(4)(c) 1.7 Legal Opinion 10.2(4)(f) Regular Meeting 1. Call to Order - Prayer 5:30 p.m. Council Chamber City Hall 2. Approval of Minutes 2.1 Approval of July 3, 2007 Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Karyn Thomas Request for Building Permit (Recommendation: Refer to City Manager) 5.2 Harry Hanson Request for Information (Recommendation: Refer to City Manager) 5.3 Canada Games Stadium Redevelopment Committee Request to Present (Recommendation: Refer to Clerk to Schedule) 5.4 Walter Vincent Land Access Seaside Park (Recommendation: Refer to City Manager for Report) 5.5 Latimore Lake Community Assoc Request for Bus Service (Recommendation: Refer to Transit Commission) 5.6 Janitorial Services (Recommendation in Report) 5.7 Acquisition of Provincial Property Sunset Heights Subdivision (Recommendation in Report) 5.8 Pipeline Crossing Agreement with Maritimes & Northeast (Recommendation in Report) 5.9 Acquisition of Land from Scott Bros. Ltd. (Recommendation in Report) 5.10 Public Hearing Date 9 Simpson Dr (Recommendation in Report) 5.11 Staffing Levels Buildings and Inspection Services (Recommendation in Report) 5.12 Proposal Domestic Hot Water System Upgrade (Recommendation in Report) 5.13 Design & Construction Management: Sanitary Sewer Inflow /Infiltration Study Phase V and Manhole Rehabilitation Inspection Services (Recommendation in Report) 5.14 Ashburn Lake Road - Design & Construction Management Services (Recommendation in Report) 5.15 Contract 2007 -26: Construction of Watershed Protection Facilities (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 8.1(a) 6:00 p.m. West Side Residents on MotoCross Track 8.1(b) West Side Ride Park (Motorcross) 8.2 7:15 p.m. Saint John Community Arts Board 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning Bylaw Amendment 233 Westmorland Rd 9.1(b) Planning Advisory Committee Recommending Denial of Proposed Rezoning 233 Westmorland Road 10. Consideration of By -laws 10.1(a) Third Reading Zoning By -law Amendment 178 Bridge St 10.1(b) Section 39 Conditions 10.2(a) Third Reading Municipal Plan Amendment 71 Drury Cove Rd 10.2(b) Third Reading Zoning By -law Amendment 71 Drury Cove Rd 10.2(c) Section 39 Conditions 10.3(a) Unsightly Premises and Hazardous Buildings and Structures 10.3(b) Bylaw Respecting Unsightly Premises and Hazardous Buildings and Structures 11. Submissions by Council Members 11.1 Traffic Planning (Deputy Mayor Hooton) 11.2 Citizen Denied Access to Land (Councillor Farren) 11.3 Citizens Wanting to Help City (Councillor Farren) 11.4 Accurate Accounting of Staff and Council Expenses (Councillor Farren) 11.5 Staff Report on Cultural Diversity (Councillor Farren) 11.6 Letter of Thanks to David Gould (Councillor Court) 11.7 Improper Tabling Motion (Councillor Ferguson) 11.8 Next Generation Bus Saint John Transit (Councillor Titus) 12. Business Matters - Municipal Officers 12.1 Understanding Sick Leave Provisions and Policies 12.2 Property at 120 Carpenter Place 12.3 Emera Pipeline 12.4 2007 Interim Financial Results 13. Committee Reports 13.1 Committee of the Whole Report - Withdrawn Agenda Items and Letters from Frank Rodgers (Forwarded from July 3, 2007) 13.2 Committee of the Whole Report Engagement of Barry Spalding 13.3 Committee of the Whole Report Teach -in for Council 13.4 Parking Commission Residential Street Parking Central Peninsula 13.5 Proposed Subdivision 71 Drury Cove Rd 13.6 Saint John Industrial Parks White Rocks Road 13.7 Board of Police Commissioners Police Force 2007 Operating Budget 13.8 Planning Advisory Committee Recommending Land for Public Purposes 1709 Hickey Road 13.9 Planning Advisory Committee Recommending Lakewood Heights Subdivision 436 Summit Dr 13.10 By -law Review Committee on Postering 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Hayward and Warwick Princess St Improvements (Forwarded from July 3, 2007) 15.2 Request of Opera NB for Funding (Forwarded from July 3, 2007) 16. Adjournment City of Saint John Seance du conseil communal Le lundi 16 juillet 2007 Comit6 pl6nier 1. Ouverture de la seance 16 h Salle de conference du 8e kage de 1'h6tel de ville 1.0 Avis juridique — alin6a 10.2(4)f) 1.1 Comite des candidatures — alin6a 10.2(4)b) 1.2a) Question relative au personnel — alin6a 10.2(4)b) 1.2b) Question relative au personnel — alin6a 10.2(4)b) (point report6 de la s6ance du 3 juillet 2007) 1.2c) Question relative au personnel — alin6a 10.2(4)b) 1.2d) Question relative au personnel — alin6a 10.2(4)b) 1.3 Question relative au personnel — alin6a 10.2(4)j) (point report6 de la seance du 3 juillet 2007) 1.4 Question relative au personnel et a 1'emploi — alin6a 10.2(4)b)j) (point report6 de la s6ance du 3 juillet 2007) 1.5 N6gociations relatives aux biens -fonds — alin6a 10.2(4)d) (point report6 de la r6union du 3 juillet 2007) 6 Financement envisag6 — alin6a 10.2(4)c) 7 Avis juridique — alin6a 10.2(4)f) Seance ordinaire 1. Ouverture de la s6ance, suivie de la priere 17 h 30 Salle du conseil a 1'hotel de ville 2. Approbation du proces- verbal 2. 1 Approbation du proces- verbal de la s6ance tenue le 3 juillet 2007 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'int6rets 5. Questions soumises it 1'approbation du conseil 5.1 Demande pr6sent6e par Karyn Thomas concernant un permis de construction (recommandation : transmettre au directeur g6n6ral) 5.2 Demande pr6sent6e par Harry Hanson concernant Pobtention de renseignements (recommandation : transmettre au directeur g6n6ral) 5.3 Demande pr6sent6e par le Comite sur le r6am6nagement du stade des Jeux du Canada qui souhaite faire une pr6sentation devant le conseil (recommandation transmettre au greffier pour qu'une date de pr6sentation soit fix6e) 5.4 Acc6s au terrain de Walter Vincent par le parc Seaside (recommandation transmettre au directeur g6n6ral aux fins de production de rapport) 5.5 Demande pr6sent6e par 1'association communautaire du lac Latimore concernant le service d'autobus (recommandation : transmettre A la Commission des transports) 5.6 Services de nettoyage et d'entretien (recommandation formul6e au rapport) 5.7 Acquisition du lotissement Sunset Heights de ressort provincial (recommandation formul6e au rapport) 5.8 Convention entre la municipalit6 et la soci6t6 Maritimes and Northeast Pipeline Management Ltd. relativement au croisement du gazoduc (recommandation formul6e au rapport) 5.9 Acquisition de biens -fonds appartenant a Scott Bros. Ltd. (recommandation formul6e au rapport) 5.10 Date de la tenue dune audience publique relativement au 9, promenade Simpson (recommandation formul6e au rapport) 5.11 Niveaux de dotation des Services d'inspection et des batiments (recommandation formul6e au rapport) 5.12 Projet de modernisation du syst6me de distribution d'eau chaude r6sidentiel (recommandation formul6e au rapport) 5.13 Gestion de la conception et de la construction : phase V du programme de r6duction du captage et d'infiltration des 6gouts sanitaires et services d'inspection des trous d'homme (recommandation formul6e au rapport) 5.14 Services de gestion de la conception et de la construction concernant le chemin Ashburn Lake (recommandation formul6e au rapport) 5.15 Contrat no 2007 -26 relatif a la construction d'une installation de protection du bassin hydrographique (recommandation formul6e au rapport) 6. Commentaires present6s par les membres 7. Proclamation 8. Delegations et presentations 8.1a) 18 h Citoyens du quartier West Side, a propos de la piste de moto -cross 8. lb) Piste dans le quartier ouest (moto- cross) 8.2 19 h 15 Conseil des arts communautaires de Saint John 9. Audiences publiques 19h 9.1 a) Projet de modification de 1'Arret6 de zonage visant le 233, chemin Westmorland 9. lb) Comit6 consultatif d'urbanisme recommandant le rejet du projet de rezonage du bien -fonds situ6 au 233, chemin Westmorland 10. Etude des arret6s municipaux 10.1a) Troisieme lecture du projet de modification de 1'Arret6 de zonage visant le 178, rue Bridge 10.1b) Conditions impos6es par Particle 39 10.2a) Troisieme lecture du projet de modification du plan municipal relatif au terrain situ6 au 71, chemin Drury Cove 10.2b) Troisieme lecture de la modification de 1'Arret6 de zonage relatif au terrain situ6 au 71, chemin Drury Cove 10.2c) Conditions impos6es par Particle 39 10.3a) Batiments inesth6tiques et constructions et immeubles dangereux 10.3b) Arret6 concernant les batiments et structures inesth6tiques ou dangereux dans The City of Saint John 11. Intervention des membres du conseil 11.1 Planification relative a la circulation (mairesse suppl6ante Hooton) 11.2 Acc6s au terrain refus6 aux Ctoyens (conseiller Farren) 11.3 Citoyens d6sirant aider la ville (conseiller Farren) 11.4 Comptabilit6 ad6quate des d6penses du personnel et des membres du conseil (conseiller Farren) 11.5 Rapport du personnel sur la diversit6 culturelle (conseiller Farren) 11.6 Lettre de remerciement a David Gould (conseiller Court) 11.7 Pr6sentation inad6quate dune proposition (conseiller Ferguson) 11.8 Autobus de la prochaine g6n6ration de la Commission des transports de Saint John (conseiller Titus) 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Reconnaissance des dispositions et des politiques relatives aux cong6s de maladie 12.2 Propri&6 situ&e au 120, place Carpenter 12.3 Pipeline Emera 12.4 Bilan financier int6rimaire de 2007 13. Rapports d6pos6s par les comit6s 13.1 Rapport du Comit6 pl6nier — Points a 1'ordre du jour retir6s et lettres de Frank Rodgers (point report6 de la r6union du 3 juillet 2007) 13.2 Rapport du Comit6 pl6nier — Nomination de Barry Spalding 13.3 Rapport du Comit6 pl6nier — S6minaire donn6 au conseil 13.4 Commission sur le stationnement a propos du stationnement sur rue dans la p6ninsule centrale 13.5 Projet de lotissement au 71, chemin Drury Cove 13.6 Pares industriels de Saint John sur le chemin White Rocks 13.7 Budget de fonctionnement de 2007 du corps de police par le Bureau des commissaires de la police 13.8 Comit6 consultatif d'urbanisme recommandant un terrain d'utilit6 publique au 1709, chemin Hickey 13.9 Comit6 consultatif d'urbanisme recommandant le lotissement Lakewood Heights au 436, promenade Summit 13.10 Comit6 de r6vision des arr6t6s municipaux sur 1'affichage 14. Etude des sujets 6cart6s des questions soumises a 1'approbation du conseil 15. Correspondance g6n6rale 15.1 Travaux de r6fection pr6vus sur la rue Princess par Hayward and Warwick Ltd. (point report6 de la r6union du 3 juillet 2007) 15.2 Demande de financement pr6sent6e par Opera NB (point report6 de la r6union du 3 juillet 2007) 16. Cloture de la s6ance 92 -880 COMMON COUNCIL / CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JULY 3rd, 2007 - 7:00 P.M. present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors, Chase, Court, Farren, Ferguson, McGuire, Tait and Titus - and - T. Totten, City Manager; J. Nugent, City Solicitor; Greg Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; R. Pollock, Planner; W. Edwards, Commissioner of Buildings and Inspection Services; A. Bodechon, Chief of Police; M. Gillan, Deputy Fire Chief; B. Morrison, Commissioner of Leisure Services; P. Woods, Common Clerk and Deputy City Manager; and E. Gormley, Assistant Common Clerk SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 3 JUILLET 2007 A 19 H Sont presents : Norman McFarlane, maire la mairesse supplbante Hooton et les conseillers Chase, Court, Farren, Ferguson, McGuire, Tait et Titus et T. Totten, directeur general; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et trbsorier; P. Groody, commissaire aux opbrations municipales; R. Pollack, urbaniste; W. Edwards, commissaire aux services d'inspection et des batiments; A. Bodechon, chef de police; M. Gillan, chef adjoint du service d'incendie; B. Morrison, commissaire aux services des loisirs; P. Woods, greffier communal et directeur gbnbral adjoint; ainsi que E. Gormley, greffibre communale adjointe. Call To Order — Prayer Mayor McFarlane called the meeting to order and Pastor Michael Long offered the opening prayer in French. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire McFarlane et le pasteur Michael Long rbcite la pribre d'ouverture en frangais. 2. Approval of Minutes On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the minutes of the meeting of Common Council, held on June 18th, 2007, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition de la mairesse supplbante Hooton Appuybe par le conseiller Court RESOLU que le procbs- verbal de la rbunion du conseil communal tenue le 18 juin 2007 soit approuvb. A ('issue du vote, la proposition est adoptbe. 92 -881 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 3. Approval of Agenda On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the agenda of this meeting be approved, with items 12.3, West Saint John Riding Park Ocean Westway and 15.1, Michael McGovern Request to Present on MotoCross Track brought forward, and the addition of items 13.0 Committee of the Whole Report- Appointments to Committees; 13.2 Committee of the Whole Report— Legal Proceedings - Items Withdrawn from the February 12, 2007 regular meeting of Council, and Letter from Frank Rodgers; and 13.3 Legal Proceedings - Litigation 10.2(4)(g) — The City of Saint John et al ats Terrance Titus. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Titus RESOLU que I'ordre du jour de la presente seance soit adopte, moyennant 1'examen des points 12.3, Parc d'equitation de la voie Ouest Ocean a Saint John Ouest, 15.1, Demande soumise par Michael McGovern en vue de faire une presentation devant le conseil sur la piste de moto- cross; et I'ajout des points 13.0, Rapport du Comite plenier relatif aux nominations pour sieger aux comites, 13.2 Rapport du Comite plenier relatif aux procedures judiciaires — points retires de la seance ordinaire du conseil tenue le 12 fevrier 2007 et Lettre presentee par Frank Rodgers; et 13.3 Procedures judiciaires — litige 10.2(4)g) — The City of Saint John et autres c. Terrance Titus. A I'issue du vote, la proposition est adoptee. 12.3 West Saint John Riding Park Ocean Westway 15.1 Michael McGovern Request to Present on MotoCross Track Referring to a submitted report, the City Manager advised that he has met with the owner of the track and with area residents and outlined the various issues associated with the track and the residents' concerns which are detailed in the report. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the citizens' group objecting to the West Saint John Riding Park at Ocean Westway present its concerns at the next council meeting. Question being taken, the motion was carried. 12.3 Parc d'equitation de la voie Ouest Ocean a Saint John Ouest 15.1 Demande soumise par Michael McGovern en vue de faire une presentation devant le conseil sur la piste de moto -cross Se reportant a un rapport presente, le directeur general indique qu'il a rencontre le proprietaire de la piste et les citoyens et souligne les diverses questions liees a la piste et les inquietudes soulevees par les citoyens qu'il precise dans son rapport. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que le groupe de citoyens qui s'oppose au parc d'equitation de la voie Ouest Ocean a Saint John Ouest presente ses preoccupations a la prochaine seance du conseil. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 92 -882 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 5. Consent Agenda 5.1 That the letter from the Human Development Council on behalf of the Saint John Youth Cabinet requesting to present to Council, be referred to the Clerk to schedule. 5.2 That the letter from the Common Clerk advising that the current technology in the Council Chamber does not allow for signing services for the deaf community, be received for information. 5.3 That as recommended by the City Manager, the tender submitted by Gulf Operators Ltd., in the amount of $358,986. for the Allison Grounds Sports Field upgrade, be accepted. 5.4 That as recommended by the City Manager, the tender submitted by Erb's Enterprises Ltd., in the amount of $100,960. for the supply of all necessary labour, materials, tools and equipment required to construct new washroom facilities as a part of the Allison Grounds upgrade project, be accepted. 5.5 That as recommended by the City Manager, Common Council approve the revisions to the 2007 Water & Sewerage Utility Fund and General Fund Capital Programs, as outlined in the submitted report. 5.6 That as recommended by the City Manager, Common Council approve the increase in fees to be paid to Terrain Group Inc. for engineering inspection services for the Red Head Secondary Access Road project, as outlined in the submitted report. 5.7 That as recommended by the City Manager, Contract 2007 -34: Pipeline Road East at Latimer Lake — New Transmission Mains and Chlorine Injection and Sampling Chambers, be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $1,277,938. as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.8 That as recommended by the City Manager, the quote from Aqua Data Atlantic in the amount of $48,550. ( +HST), be accepted for the proposed uni- directional flushing of the water distribution system in West Saint John. 5.9 That as recommended by the City Manager, Contract 2007 -37: Howes Lake Landfill Closure Phase IV, be awarded to the low tenderer, Galbraith Construction Ltd, at the tendered price of $425,150. as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.10 That as recommended by the City Manager, Contract 2007 -17: Latimore Lake Road (Lackie Road to Bustin Boulevard) — Curb and Sidewalk Reconstruction, be awarded to the low tenderer, L. Halpin Excavating Limited, at the tendered price of $256,644.05 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.11 That as recommended by the City Manager, Contract 2007 -25: Mountain Road (Westmorland Road to Mountain View Drive) — Street Reconstruction, be awarded to the low tenderer, Gulf Operators Ltd., at the tendered price of $1,175,624. as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.12 That as recommended by the City Manager, the proposal of Dillon Consulting Limited for engineering services (design and construction management) for Westgate Park - Sanitary Forcemain Renewal and Installation of Gravity Overflow be accepted and that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 5.13 That as recommended by the City Manager, Contract 2007 -9: Dunn Avenue — Watermain Looping and Sanitary Sewer Upgrade be awarded to the low tenderer, Dean Construction Limited, at the tendered price of $158,030. as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. 92 -883 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 5.14 That as recommended by the City Manager; The City of Saint John acquire PID Numbers 55087209 and 350231 as generally shown on the submitted sketch from Standard Machinery & Equipment Company Limited and Farren, Edward A Estate for $16,500. on or before October 31, 2007, and further that the Mayor and Common Clerk be authorized to execute the necessary documents required to finalize this transaction. 5.15 That as recommend by the City Manager, Common Council amend the list of Official Street Names and approve the following changes: 1. Delete the name manoir Plymouth Manor; and 2. Delete the name manoir Salisbury Manor 5.16 That as recommended by the City Manager, 1. Common Council schedule the public hearing regarding the rezoning applications of Hughes Surveys & Consultants Inc. ( Red Head Area) and Pierre Rouleau (112 Mount Pleasant Avenue) for Monday, July 30, 2007 at 7:00 p.m. in the Council Chamber. 2. Common Council cancel the July 16, 2007 public hearing regarding the proposed Municipal Plan amendment regarding the secondary access road to Red Head, and schedule a new public hearing for Monday, July 30, 2007 at 7:00 p.m. in the Council Chamber. 5.17 That as recommended by the City Manager, the submitted report on drainage problems at 13 Braemar Drive, be received for information, and a copy be sent to the owners of this property for their information. 5.18 That as recommended by the City Manager, 1. The City of Saint John acquire an Easement for Municipal Services in a 1,207 square metre ± (12,992 square foot) portion of civic #321 Sherbrooke Street, also identified as PID Number 55177885 from P.W. Chase Holdings Ltd. for $1. as generally shown on the submitted plan. 2. That the Mayor and Common Clerk be authorized to sign any documents necessary to formalize this transaction. 5.19 That as recommended by the City Manager, Common Council assent to the submitted photo- reduced subdivision plan and to the proposed municipal services easement shown on the proposed Lots 07 -01 and 07 -02 in the submitted report. 5.20 That as recommended by the City Manager, Common Council approve the purchase of a variety of Cisco network equipment from Hewlett Packard at a cost of $154,571.77. 5.21 That as recommended by the City Manager, Common Council authorize the enrollment into an agreement with Microsoft Corporation providing for the licensing of various software, as provided for by the Province of New Brunswick's agreement with Microsoft Corporation and further authorize the Mayor and Common Clerk to sign the associated agreement. 5.22 That as recommended by the City Manager; 1. The City of Saint John grant a Public Utility Easement in favour of Bell Aliant Regional Communications Inc. for a one time fee of $500. plus H.S.T. (if applicable) on a portion of PID Number 828, located at the corner of Charlotte Street and former Britain Street, as generally shown on the submitted survey plan, on or before August 31, 2007. 2 Common Council assent to the vesting of the public utility easement. 3 Bell Aliant Regional Communications Inc. where applicable, reinstate the subject property to the same condition as existed prior to construction. 4 Bell Aliant Regional Communications Inc. will save harmless as well as release and indemnify The City of Saint John, its servants, agents and contactors from and against any and all actions or claims arising from the installing of the pad mounted communications facility, and further Bell Aliant Regional Communications Inc. shall name 92 -884 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 The City of Saint John additionally as co- insured with regards to the installation and operation of the pad mounted communication facility; and 5 The Mayor and Common Clerk be authorized to sign any document required to facilitate this granting. On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Resolu que la lettre de demande presentee par le conseil de perfectionnement social au nom du cabinet jeunesse de Saint John voulant se presenter devant le conseil soit transmise au greffier pour qu'il fixe une date de presentation. 5.2 Resolu que la lettre presentee par le greffier communal indiquant que la technologie utilisee a I'heure actuelle dans la salle du conseil ne permet pas d'offrir des services d'interpretation adresses aux personnes sourdes et malentendantes, soit acceptee a titre informatif. 5.3 Resolu que, comme le recommande le directeur general, la soumission presentee par Gulf Operators Ltd., au montant de 358 986 $, relative a la modernisation du terrain de jeux Allison Grounds Sports Field, soit acceptee. 5.4 Resolu que, comme le recommande le directeur general, la soumission presentee par Erb's Enterprises Ltd., au montant de 100 960 $, relativement a I'approvisionnement de la totalite de la main - d'oeuvre, du materiel, des outils et de 1'equipement necessaires afin d'ajouter I'amenagement de nouveaux emplacements sanitaires au projet de modernisation du terrain de jeux Allison, soit acceptee. 5.5 Resolu que, comme le recommande le directeur general, le conseil communal approuve les ajustements aux programmes de fonds d'immobilisations relatifs au service d'aqueduc et d'egouts et a I'administration pour 2007, tel que le souligne le rapport presente. 5.6 Resolu que, comme le recommande le directeur general, le conseil communal; approuve I'augmentation des frais devant titre verses a Terrain Group Inc., pour les services d'inspection d'ingenierie relatifs au projet de la voie d'acces secondaire de Red Head, comme le souligne le rapport presente. 5.7 Resolu que, comme le recommande le directeur general, le contrat no 2007 -34, relatif au chemin Pipeline Road Est, pres du lac Latimer, visant ('installation de nouvelles conduites principales et de regards d'echantillonnage et d'injection de chlore, soit accorde au soumissionnaire moins - disant, Fairville Construction Ltd., au prix offert de 1 277 938 $, etabli a partir de quantites estimatives et, de plus, que le maire et le greffier communal soient autorises a signer toute documentation contractuelle exigee. 5.8 Resolu que, comme le recommande le directeur general, le devis de Aqua Data Atlantic au montant de 48 550 $ (TVH en sus), soit accepte pour le projet de ringage unidirectionnel du reseau d'aqueduc de Saint John Ouest. 5.9 Resolu que, comme le recommande le directeur general, le contrat no 2007 -37, relatif a la phase IV de la fermeture du site d'enfouissement, soit accorde au soumissionnaire moins - disant, Galbraith Construction Ltd., au prix offert de 425 150 $, etabli a partir de quantites estimatives et, que le maire et le greffier communal soient autorises a signer la documentation contractuelle requise. 5.10 Resolu que, comme le recommande le directeur general, le contrat no 2007 -17, relatif aux travaux de construction de trottoirs et de bordures sur le chemin Latimore Lake (depuis le chemin Lackie au boulevard Bustin) soit accorde au soumissionnaire le moins - disant, L. Halpin Excavating Limited, au prix offert de 256 644,05 $, etabli a partir de quantites estimatives et, de plus, que le maire et le greffier communal soient autorises 6 signer toute documentation contractuelle requise. 92 -885 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 5.11 Resolu que, comme le recommande le directeur general, le contrat no 2007 -25, relatif aux travaux de refection sur le chemin Mountain (depuis le chemin Westmorland a la promenade Mountain View), soit accorde au soumissionnaire le moins - disant, Gulf Operators Ltd., au prix offert de 1 175 624 $, etabli a partir de quantites estimatives et, que le maire et le greffier communal soient autorises a signer la documentation contractuelle requise. 5.12 Resolu que, comme le recommande le directeur general, la proposition presentee par Dillon Consulting Limited, relative aux services d'ingenierie (gestion de la conception et de la construction) pour le projet de renouvellement de la station de relevement et ('installation d'un trop -plein par gravite au parc Westgate soit acceptee, et que le maire et le greffier communal soient autorises a signer la documentation contractuelle exigee a cet egard. 5.13 Resolu que, comme le recommande le directeur general, le contrat no 2007 -9, relatif a I'amelioration du bouclage de la conduite principale et des egouts sanitaires de I'avenue Dunn, soit accorde au soumissionnaire le moins - disant, Dean Construction Limited, au prix offert de 158 030 $, etabli a partir de quantites estimatives et, que le maire et le greffier communal soient autorises a signer la documentation contractuelle requise. 5.14 Resolu que, comme le recommande le directeur general, The City of Saint John acquiere les terrains inscrits sous les NID 55087209 et 350231, comme le montre de maniere generale le croquis presente par Standard Machinery & Equipment Company Limited et Farren, Edward A. Estate, au prix de 16 500 $, au plus tard le 31 octobre 2007, et que le maire et le greffier communal soient autorises a signer la documentation exigee afin de conclure ladite transaction. 5.15 Resolu que, comme le recommande le directeur general, le conseil communal modifie la liste des noms off iciels de rues et approuve les changements suivants 1. la suppression du nom manoir Plymouth Manor; 2. la suppression du nom manoir Salisbury Manor; 5.16 Resolu que, comme le recommande le directeur general, 1. le conseil communal prevoie des audiences publiques relativement aux demandes de rezonage presentees par Hughes Surveys & Consultants Inc., (region de Red Head) et Pierre Rouleau (112, avenue Mount Pleasant), au lundi 30 juillet 2007 a 19 h dans la salle du conseil; 2. le conseil communal annule I'audience publique fixee au 16 juillet 2007 relativement au projet de modification du plan municipal visant la voie d'acces secondaire en direction de Red Head et fixe une nouvelle date d'audience publique au lundi 30 juillet 2007 a 19 h dans la salle du conseil. 5.17 Resolu que, comme le recommande le directeur general, le rapport presente relatif aux problemes de drainage au 13, promenade Braemar, soit accepte a titre informatif et qu'un exemplaire soit expedie aux proprietaires de ladite propriete a titre informatif. 5.18 Resolu que, comme le recommande le directeur general, 1. The City of Saint John acquiere, pour la somme de un dollar, une servitude aux fins de services municipaux sur une parcelle, appartenant a P.W. Chase Holdings Ltd., d'une superficie approximative de 1 207 metres carres (12 992 pieds carres) situee au 321, rue Sherbrooke et inscrite sous le NID 55177885, comme le montre de maniere generale le plan presente; 2. que le maire et le greffier communal soient autorises a signer toute documentation requise afin de conclure ladite transaction. 5.19 Resolu que, comme le recommande le directeur general, le conseil communal donne son consentement au plan de lotissement sur photo reduite presente et a la servitude proposee aux fins municipales, sur les lots 07 -01 et 07 -02 mentionnes audit rapport. 92 -886 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 5.20 Resolu que, comme le recommande le directeur general, le conseil communal approuve I'acquisition de divers materiel du reseau Cisco de Hewlett Packard au prix de 154 571,77 $. 5.21 Resolu que, comme le recommande le directeur general, le conseil communal autorise ('inscription en vertu d'un contrat devant titre conclu entre elle -m6me et Microsoft Corporation relatif a I'octroi de licences pour divers logiciels, conformement a la convention conclue entre la province du Nouveau - Brunswick et Microsoft Corporation et que le maire et le greffier communal soient autorises a signer le contrat afferent. 5.22 Resolu que, comme le recommande le directeur general, 1. The City of Saint John cede une servitude d'entreprise de service public en faveur de Bell Aliant communications regionales inc., au plus tard le 31 aout 2007, moyennant la somme unitaire de 500 $, TVH en sus (le cas echeant), sur une parcelle du terrain inscrite sous le NID 828, situee a l'intersection de la rue Charlotte et de I'ancienne rue Britain, comme le montre de maniere generale le plan d'arpentage presente; 2 le conseil communal consente a la devolution de la servitude d'entreprise de service public; 3 Bell Aliant communications regionales inc. retablisse, s'il y a lieu, la propriete en question dans 1'etat o6 elle etait avant la construction; 4 Bell Aliant communications regionales inc. degage de toute responsabilite et indemnise The City of Saint John, ses preposes, mandataires et contractants contre toute action en justice ou reclamation resultant de ('installation de transformateurs sur socle, et, de plus, que Bell Aliant communications regionales inc. nomme The City of Saint John comme co- assure relativement a ('installation et a 1'exploitation de I'etablissement de transformateurs sur socle; 5 le maire et le greffier communal soient autorises a signer toute la documentation necessaire pour effectuer cette concession. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que la recommandation de chaque point de I'ordre du jour necessitant I'approbation du conseil soit adoptee. A I'issue du vote, la proposition est adoptee. 7. Proclamation 7. Proclamation 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -law Amendment 178 Bridge Street 9.1(b) Planning Advisory Committee The Common Clerk advised that the necessary advertising was completed with regard to the proposed re- zoning of a parcel of land located at 178 Bridge Street, having an area of approximately 440 square metres, also identified as being PID Number 00373910, from "RM -IF" Multiple Residential Infill to "IL -1" Neighbourhood Institutional classification to recognize an existing group care facility as a permitted use, 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 June 26, 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 with Section 39 Conditions. The Mayor called for members of the public to speak against the re- zoning with no one presenting. 92 -887 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 The Mayor called for members of the public to speak in favour of the re- zoning with Reid Chedore on behalf of the applicant in support of staff recommendations. On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "The Zoning By -law of the City of Saint John ", re- zoning a parcel of land with an area of approximately 440 square metres located at 178 Bridge Street, also identified as being PID Number 00373910, from "RM -IF" Multiple Residential Infill to "IL -1" Neighbourhood Institutional classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "The Zoning By -law of the City of Saint John ". On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "The Zoning By -law of the City of Saint John ", re- zoning a parcel of land with an area of approximately 440 square metres located at 178 Bridge Street, also identified as being PID Number 00373910, from "RM -IF" Multiple Residential Infill to "IL -1" Neighbourhood Institutional classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "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 178, rue Bridge 9.1 b) Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 178, rue Bridge, d'une superficie approximative de 440 metres carres et inscrite sous le NID 00373910, afin de faire passer la classification de zone d'edification de logements multiples sur terrain intercalaire « RM -IL » a zone de quartier a vocation collective « IL -1 », en vue de reconnai"tre en tant qu'usage permis, le centre de soins en groupe existant, 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 26 juin 2007, a laquelle le comite a resolu de recommander I'approbation, telle qu'elle est soulignee dans le rapport du 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, ce que fait Reid Chedore, au nom du demandeur, a I'appui des recommandations des employes. Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain d'une superficie approximative de 440 metres carres, situee au 178, rue Bridge et inscrite sous le NID 00373910, en vue de la faire passer de zone d'edification de logements multiples sur terrain intercalaire « RM -IF » a zone de quartier a vocation collective « IL -1 », fasse ('objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John ». 92 -888 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 Proposition du conseiller Court Appuyee par la mairesse suppleante Hooton RESOLU que I'arrbte intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain d'une superficie approximative de 440 metres carres, situee au 178, rue Bridge et inscrite sous le NID 00373910, en vue de la faire passer de zone d'edification de Iogements multiples sur terrain intercalaire « RM -IF » a zone de quartier a vocation collective « IL -1 », fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrbte intitule « Arrete modifiant 1'arrete de zonage de The City of Saint John ». 9.2 (a)(b) Proposed Municipal Plan and Zoning By -law Amendments — 71 Drury Cove Road. 9.2(c) Planning Advisory Committee Report The Common Clerk advised that the necessary advertising was completed with regard to a proposed Municipal Plan amendment amending Schedule 2 -A, the Future Land Use Plan, by re- designating a parcel of land with an area of approximately 1.3 hectares located at 71 Drury Cove Road, also identified as being PID Number 55175558 and portions of PID Numbers 55027163, 55161384 and 55178909, from Low Density Residential and Open Space to Business Park classification, and by re- zoning the same parcel of land, from "B -2" General Business and "TH" Townhouse to "BP" Business Park classification to enable development of a building for the assembly of heating products and related office uses, as requested by Drury Cove Developments Inc., 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 June 26, 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 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 Mac Blair of Drury Cove Developments Inc. advising that he supports the staff recommendations. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -law ", re- designating on Schedule 2 -A the Future Land Use Plan, a parcel of land with an area of approximately 1.3 hectares located at 71 Drury Cove Road, also identified as being PID Number 55175558 and portions of PID Numbers 55027163, 55161384 and 55178909, from Low Density Residential and Open Space to Business Park 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 Municipal Plan By -law" On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "A Law to Amend the Municipal Plan By -law ", re- designating on Schedule 2 -A the Future Land Use Plan, a parcel of land with an area of approximately 1.3 hectares located at 71 Drury Cove Road, also identified as being PID Number 55175558 and portions of PID Numbers 55027163, 55161384 and 55178909, from Low Density Residential and Open Space to Business Park 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 Municipal Plan By- law". 92 -889 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "The Zoning By -law of the City of Saint John ", re- zoning a parcel of land with an area of approximately 1.3 hectares located at 71 Drury Cove Road, also identified as being PID Number 55175558 and portions of PID Numbers 55027163, 55161384 and 55178909, from "B -2" General Business and "TH" Townhouse to "BP" Business Park classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "The Zoning By -law of the City of Saint John ". On motion of Councillor Court Seconded by Deputy Mayor Hooton RESOLVED that the by -law entitled, "The Zoning By -law of the City of Saint John ", re- zoning a parcel of land with an area of approximately 1.3 hectares located at 71 Drury Cove Road, also identified as being PID Number 55175558 and portions of PID Numbers 55027163, 55161384 and 55178909, from "B -2" General Business and "TH" Townhouse to "BP" Business Park classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled, "The Zoning By -law of the City of Saint John ". 9.2a)b) Modifications proposees du plan municipal et de I'arrete de zonage relativement au 71, chemin Drury Cove 9.2c) Rapport du Comite consultatif d'urbanisme Le greffier communal indique que les avis requis ont ete publies relativement au projet de modification du plan municipal visant a modifier I'annexe 2 -A, le plan d'amenagement futur des terres, en modifiant la classification d'une parcelle de terrain d'une superficie approximative de 1,3 hectare, situee au 71, chemin Drury Cove et inscrite sous le NID 55175558 et partie des NID 55027163, 55161384 et 55178909, afin de les faire passer de zone residentielle de faible densite et de zone d'espaces libres a zone de parc commercial et en modifiant le zonage de la meme parcelle pour la faire passer de zone commerciale generale « B -2 » et de zone de maisons en rangee « TH » a zone de parc commercial « BP » afin de permettre I'amenagement d'un immeuble destine a I'assemblage de produits de chauffage et de bureaux connexes, a la demande de Drury Cove Developments, et qu'aucune objection par ecrit n'a ete reque. 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 26 juin 2007, a laquelle le comite a resolu de recommander I'approbation, telle qu'elle est soulignee dans le rapport du 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 et Mac Blair, de 1'entreprise Drury Cove Developments Inc., indique qu'il appuie les recommandations formulees par les employes. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete modifiant I'arrete relatif au plan municipal » modifiant a I'annexe 2 -A, le plan d'amenagement futur des terres, la classification d'une parcelle de terrain d'une superficie approximative de 1,3 hectare, situee au 71, chemin Drury Cove et inscrite sous le NID 55175558 et en partie sous les NID 55027163, 55161384 et 55178909, afin de les faire passer de zone residentielle a faible densite et de zone d'espaces libres a zone de parc commercial, fasse ('objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture de I'arrete intitule « Arrete modifiant I'arrete relatif au plan municipal ». 92 -890 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 Proposition du conseiller Court Appuyee par la mairesse suppleante Hooton RESOLU que I'arrete intitule « Arrete modifiant I'arrete relatif au plan municipal » modifiant a I'annexe 2 -A, le plan d'amenagement futur des terres, la classification d'une parcelle de terrain d'une superficie approximative de 1,3 hectare, situee au 71, chemin Drury Cove et inscrite sous le NID 55175558 et en partie sous les NID 55027163, 55161384 et 55178909, afin de les faire passer de zone residentielle a faible densite et de zone d'espaces libres a zone de parc commercial, fasse ('objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete relatif au plan municipal ». Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John » visant a rezoner une parcelle de terrain d'une superficie approximative de 1,3 hectare, situee au 71, chemin Drury Cove, et inscrite sous le NID 55175558 et en partie sous les NID 55027163, 55161384 et 55178909, afin de faire passer la classification de zone commerciale generale « B -2 » et de zone de maisons en rangee « TH » a zone de parc commercial « BP », fasse ('objet d'une premiere lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John ». Proposition du conseiller Court Appuyee par la mairesse suppleante Hooton RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John » visant a rezoner une parcelle de terrain d'une superficie approximative de 1,3 hectare, situee au 71, chemin Drury Cove, et inscrite sous le NID 55175558 et en partie sous les NID 55027163, 55161384 et 55178909, afin de faire passer la classification de zone commerciale generale « B -2 » et de zone de maisons en rangee « TH » a zone de parc commercial « BP », fasse ('objet d'une deuxieme lecture. A I'issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John ». 8. Delegations /Presentations 8.1 ONE Change Inc. Referring to a submitted electronic slide presentation, Gary Sullivan, Carolyn McCullough of ONE Change Inc. and Don Conley of Canada Mortgage and Housing gave background information of the work accomplished to date to improve housing in the Old North End, and updated Council on the progress made in developing more low cost housing in the North End. They requested Council to request staff to raise the level of program delivery at the North End Community Centre (NECC) to that of the Carleton Community Centre or License the NECC to ONE Change to do the programming and to consult with vulnerable neighbourhoods to develop a collaborative plan. On motion of Councillor McGuire Seconded by Councillor Court RESOLVED that the requests of ONE Change Inc. as submitted in the presentation be referred to the City Manager for a report in two weeks. Question being taken, the motion was carried. 92 -891 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 8. Delegations et presentations 8.1 ONE Change, Inc. Se reportant a une presentation electronique de diapositives, Gary Sullivan et Carolyn McCullough de ONE Change Inc., ainsi que Don Conley, de la Societe canadienne d'hypotheques et de logement, donnent des renseignements generaux sur le travail accompli jusqu'a maintenant en vue d'ameliorer la situation du logement dans le quartier Old North End, et mettent le conseil au courant des progres realises en matiere d'amenagement de logements abordables dans le quartier nord. Its suggerent que le conseil demande aux employes municipaux d'offrir autant de programmes au centre communautaire du quartier nord (NECC), qu'offre a I'heure actuelle le centre communautaire de Carleton, sinon, qu'il autorise ONE Change Inc. de concevoir la programmation du NECC et de consulter les membres des quartiers vulnerables afin de collaborer a I'elaboration d'un plan. Proposition du conseiller McGuire Appuyee par le conseiller Court RESOLU que la demande de ONE Change Inc., telle qu'elle est presentee, soit transmise au directeur general aux fins de d'elaboration de rapport dans un delai de deux semaines. A I'issue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that the Mayor send a thank you letter on behalf of Common Council, to the organizers of the First Annual Greek Festival for initiating the festival, and wish them well for next year's festival. Question being taken, the motion was carried. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. Proposition du conseiller Titus Appuyee par la mairesse suppleante Hooton RESOLU que le maire adresse une lettre, au nom du conseil communal, aux organisateurs du premier festival annuel grec leur remerciant d'avoir initie ce festival et leur souhaitant bonne chance dans le cadre du festival prevu pour I'annee prochaine. A I'issue du vote, la proposition est adoptee. 10. Consideration of By -laws 10.1(a) Third Reading Zoning By -law Amendment 37 Golden Grove Road 10.1(b) Section 39 Conditions On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number 110 -42, A Law to Amend the Zoning By -law of the City of Saint John ", re- zoning a parcel of land located at 37 Golden Grove Road with an area of approximately 5500 square metres, also identified as being PID Number 55183958, from "RS -2" One and Two Family Suburban Residential to "B -2" General Business classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110 -42, a Law to Amend the Zoning By -law of The City of Saint John was read in its entirety. 92 -892 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the proposed commercial development on the parcel of land with an area of approximately 5500 square metres (59,203 square feet), located at 37 Golden Grove Road, also identified as being PID Number 55183958, be subject to the following conditions: (a) The use of the subject site be restricted to the applicant's proposal to develop a commercial strip mall and proposed drive thru car wash facility for the existing building located at 8 -14 Simpson drive. (b) The site be developed and maintained in accordance with an approved detailed site plan, which would be prepared by the proponent and submitted to the Development Officer for approval, illustrating the location of buildings, driveway accesses, parking areas, exterior lighting, and landscaping, and that this approved site plan be attached to the application for the required building permit(s) (c) The driveways and parking areas for the commercial development must be paved with asphalt and enclosed with continuous concrete curbing, and site drainage must be in accordance with a detailed plan approved by the Chief City Engineer. (d) Landscaping must be extended onto the street right -of -way to the existing curb, and the proponent must construct dropped panels at the driveway with respect to the curbing and sidewalk along Golden Grove Road. (e) All public utilities must be provided by underground conduits from existing facilities to any building. (f) If possible, the necessary flood water storage capacity required by the City's Flood Risk Area By -law be provided on site. Question being taken, the motion was carried. On a motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the by -law entitled, "By -law Number 110 -42, A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 37 Golden Grove Road with an area of approximately 5500 square metres, also identified as being PID Number 55183958, from "RS -2" One and Two Family Suburban Residential to "B -2" General Business classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -42, a Law to Amend the Zoning By -law of The City of Saint John ". 10. Etude des arretes municipaux 10.1a) Troisieme lecture du projet de modification de I'arrete de zonage visant le 37, chemin Golden Grove 10.1 b) Conditions imposees par I'article 39 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete no C. P. 110- 42 modifiant I'arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 37, chemin Golden Grove, d'une superficie approximative de 5 500 metres carres et inscrite sous le NID 55183958, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone commerciale generale « B -2 », fasse ('objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule « Arrete n° C.P. 110-42 modifiant I'arrete de zonage de The City of Saint John » est lu integralement. 92 -893 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU qu'en vertu des conditions prevues a I'article 39 de la Loi sur Furbanisme, I'amenagement commercial propose sur une parcelle de terrain d'une superficie approximative de 5 500 metres carres (59 203 pieds carres), situee au 37, chemin Golden Grove, et inscrite sous le NID 55183958, soit assujetti aux conditions suivantes : (a) ('usage de 1'emplacement en question est limite a la construction d'un centre commercial lineaire et d'un lave -auto avec tunnel de lavage a rails de guidage dans I'immeuble situe a I'heure actuelle au 8 -14, promenade Simpson, conformement a la proposition presentee par le requerant. (b) 1'emplacement doit titre amenage et entretenu conformement au plan de situation detaille approuve, dresse par le promoteur et sujet a I'approbation de I'agent d'amenagement, indiquant 1'emplacement des batiments, des voies d'acces, des aires de stationnement, de 1'eclairage exterieur et des espaces paysagers et, le plan de situation approuve doit accompagner la demande de tout permis de construction exige; (c) les voies d'acces et les aires de stationnement de cet amenagement commercial doivent titre revetues d'asphalte et entourees de bordures de beton continues et les installations de drainage doivent titre conformes au plan detaille approuve par I'ingenieur municipal en chef; (d) I'amenagement paysager doit titre prolonge jusqu'a la bordure existante du droit de passage sur la rue et le promoteur est tenu de construire des goussets de dalle sur la voie d'acces pres de la bordure et du trottoir longeant le chemin Golden Grove. (e) tous les services publics doivent titre fournis par 1'entremise de canalisations souterraines a partir d'installations existantes en direction de tout batiment; (f) dans la mesure du possible, la capacite de reception des eaux en crue exigee en vertu de I'arrete de The City of Saint John sur les secteurs inondables, doit titre prevue sur les lieux. A ('issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Titus RESOLU que 1'arrete intitule « Arrete no C.P. 110- 42 modifiant I'Arrete de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain situee au 37, chemin Golden Grove, d'une superficie approximative de 5 500 metres carres et inscrite sous le NID 55183958, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone commerciale generale « B -2 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110-42 modifiant 1'arrete de zonage de The City of Saint John ». 10.2(a) Third Reading Zoning By -law Amendment 69 Russell Street 10.2(b) Section 39 Conditions On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number 110 -43, A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 69 Russell Street having an area of approximately 1650 square metres, also identified as being PID Number 55180723, from "B -2" General Business and "RM -1" Three Storey Multiple Residential to "SZ -22" Special Zone classification, by adding to the list of zones in Section 30(1) and adding Section 740(22), be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110 -43, a Law to Amend the Zoning By -law of The City of Saint John was read in its entirety. 92 -894 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that pursuant to the provisions of Section 39 conditions of The Community Planning Act, the proposed establishment of a club or lounge and a car sales lot on the parcel of land with an area of approximately 1650 square meters, located at 69 Russell Street, also identified as being PID Number 55180723, be subject to the following conditions: The number of licensed clubs or lounges on the site is restricted to a maximum of one. 2. The club or lounge is restricted to the existing building and a maximum of 84 seats. 3. The provision of entertainment in conjunction with club or lounge is subject to the following restrictions: a) entertainment is restricted to the interior of the building; b) the sound from any recorded music or live entertainment must not be detectable outside of the building; C) "exotic entertainment" is prohibited. 4. Any car sales lot on the property is limited to the display of a maximum of five cars at any one time. 5. The existing gravel portion of the parking area must be paved and the existing paved area must be repaved with asphalt prior to the commencement of any club, lounge or car sales operation on site. On a motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the by -law entitled, "By -law Number 110 -43, A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 69 Russell Street having an area of approximately 1650 square metres, also identified as being PID Number 55180723, from "B -2" General Business and "RM -1" Three Storey Multiple Residential to "SZ -22" Special Zone classification, by adding to the list of zones in Section 30(1) and adding Section 740(22), be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -43, a Law to Amend the Zoning By -law of The City of Saint John ". 10.2a) Troisieme lecture du projet de modification de I'arrete de zonage visant le 69, rue Russell 10.2b) Conditions imposees par I'article 39 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 », relatif au rezonage d'une parcelle de terrain d'une superficie d'environ 1 650 metres carres, situee au 69, rue Russell et inscrite sous le NID 55180723 afin de faire passer la classification s'y rapportant de zone commerciale generale « B -2 » et de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » a zone speciale no 22 « SZ -22 », en I'ajoutant a la liste des zones inscrite a I'article 30 (1) et en ajoutant I'article 740 (22), fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110-43 modifiant 1'arrete de zonage de The City of Saint John » est lu integralement. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU qu'en vertu des dispositions prevues 6 92 -895 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 I'article 39 de la Loi sur Furbanisme, I'amenagement propose d'un bar ou d'un salon -bar ainsi que d'une concession d'automobiles sur la parcelle de terrain d'une superficie approximative de 1 650 metres carres, situee au 69, rue Russell et inscrite sous le NID 55180723, soit assujetti aux conditions suivantes : 1. un seul club ou salon -bar titulaire d'une licence est permis sur les lieux; 2. le club ou le salon -bar ne doit occuper que I'immeuble existant et ne doit prevoir que 84 places; 3. les spectacles presentes dans le club ou le salon -bar sont assujettis aux restrictions suivantes : a) les spectacles ne peuvent titre presentes qu'a I'interieur du batiment; b) le son de toute musique enregistree ou de spectacle sur scene ne doit pas titre perceptible a 1'exterieur du batiment; c) les spectacles de « strip -tease » sont interdits; 4. toute concession d'automobiles situee sur la propriete ne doit exposer qu'un nombre maximal de cinq voitures en meme temps; 5. la partie de I'aire de stationnement couverte de gravier a I'heure actuelle doit titre asphaltee et I'autre partie deja asphaltee doit titre revetue d'asphalte avant que soit exploite un club, un salon -bar ou une concession d'automobiles sur les lieux. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Titus RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John », relatif au rezonage d'une parcelle de terrain d'une superficie d'environ 1 650 metres carres, situee au 69, rue Russell et inscrite sous le NID 55180723 afin de faire passer la classification s'y rapportant de zone commerciale generale « B -2 » et de zone residentielle d'immeubles a logements multiples de trois etages « RM -1 » a zone speciale no 22 « SZ -22 », en I'ajoutant a la liste des zones inscrite a I'article 30 (1) et en ajoutant I'article 740 (22), fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete no C.P. 110-43 modifiant I'arrete de zonage de The City of Saint John ». 10.3(a) Third Reading Zoning By -law Amendment 10 Culloden Court 10.3(b) Section 39 Conditions On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number 110 -44, A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 10 Culloden Court having an area of approximately 133 square metres, also identified as being a portion of PID Number 00017897, from "RM -2" High Rise Multiple Residential to "IL -1" Neighbourhood Institutional classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110 -44, a Law to Amend the Zoning By -law of The City of Saint John was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that pursuant to the Section 39 of the Community Planning Act, the proposed rezoning be subject to the condition that the use of the property is limited to a community center and grounds, a group care facility housing a maximum of 10 persons and not including a public hospital or a jail or similar correctional institution, a kindergarten, nursery or day care centre, or senior citizens housing in association with a group care facility and subject to the unit size requirements of Section 310(3)(g) of the Zoning By -law, and further, that upon rezoning of the property, the land and Planning Advisory Committee building or structure thereon must be developed and used in conformity with the proposal and condition identified herein. 92 -896 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the by -law entitled, "By -law Number 110 -44, A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at 10 Culloden Court having an area of approximately 133 square metres, also identified as being a portion of PID Number 00017897, from "RM -2" High Rise Multiple Residential to "IL -1" Neighbourhood Institutional classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -44, a Law to Amend the Zoning By -law of The City of Saint John ". 10.3a) Troisieme lecture du projet de modification de I'arrete de zonage visant le 10, impasse Culloden 10.3b) Conditions imposees par I'article 39 Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que I'arrete no C.P. 110 -44 intitule o Arrete modifiant I'arrete de zonage de The City of Saint John » visant a rezoner une parcelle de terrain d'une superficie d'environ 133 metres carres, situee au 10, impasse Culloden, dont une partie est inscrite sous le NID 00017897, en vue de faire passer la classification s'y rapportant de zone d'immeubles -tours a logements multiples « RM -2 » A zone de quartier a vocation collective « IL -1 », fasse I'objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule « Arrete n° C.P. 110-44 modifiant I'arrete de zonage de The City of Saint John » est lu integralement. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU qu'en vertu de I'article 39 de la Loi sur 1'urbanisme, le projet de rezonage soit assujetti a la condition voulant que ('usage de la propriete soit limite a un centre communautaire et les terrains annexes ou a un etablissement de soins en groupe accueillant un nombre maximal de 10 personnes, a 1'exclusion d'un hopital public, d'une prison ou d'un etablissement correctionnel semblable, d'une maternelle, d'une pouponniere, d'une garderie ou d'une residence pour personnes agees associee a un etablissement de soins en groupe, et assujettie aux exigences de I'alinea 310(3)g) de I'arrete de zonage concernant les dimensions des logements, et qu'a la suite du rezonage de la propriete, le terrain et tout batiment et construction qui s'y trouvent soient amenages conformement a la proposition et les modalites y stipulees. A I'issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU que I'arrete no C.P. 110 -44 intitule Arrete modifiant I'arrete de zonage de The City of Saint John » visant a rezoner une parcelle de terrain d'une superficie d'environ 133 metres carres, situee au 10, impasse Culloden, dont une partie est inscrite sous le NID 00017897, en vue de faire passer la classification s'y rapportant de zone d'immeubles -tours a logements multiples « RM -2 » a zone de quartier a vocation collective « IL -1 », fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A I'issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « Arrete no C.P. 110-44 modifiant I'arrete de zonage de The City of Saint John ». 92 -897 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 10.4(a) Third Reading Zoning By -law Amendment 921 Ashburn Road 10.4(b) Section 39 Conditions On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number 110 -45, A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at, 921 Ashburn Road with an area of approximately 4000 square metres, also identified as being a portion of PID Number 296673, from "RF" Rural to 1 -1" Light Industrial classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110 -44, a Law to Amend the Zoning By -law of The City of Saint John was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Court 1. RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the development of a parcel of land having an area of approximately 4000 square metres, located at 921 Ashburn Road, also identified as being a portion of PID No. 296673, for light industrial purposes be subject to the following conditions: a) The developer must pave all parking, loading, vehicle manoeuvring areas and driveways with asphalt; b) All paved areas must be enclosed with continuous cast -in -place concrete curbs where deemed necessary by the Development Officer to protect landscaping and to facilitate proper drainage; c) Adequate site drainage facilities, including catch basins(s), where necessary, must be provided by the developer in accordance with a detailed drainage plan, prepared by the developer and subject to the approval of the Chief City Engineer or his designate; d) The development must be serviced by underground electrical power and telephone service from the existing overhead facilities on Ashburn Road and /or Drury Cove Road; e) No driveway is permitted on the Drury Cove Road frontage of the site; f) All activity, other than parking of vehicles, must be wholly contained within a building, and there shall be no outside storage of materials, partially finished or finished products; g) All disturbed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the developer, and the landscaping must extend onto the public street rights -of way to the edge of the travelled roadway; h) Exterior building facades shall be finished with high quality materials and may not include on any surface: galvanized, unfinished metal, concrete block or panels without an architectural finish; The site shall not be developed except in accordance with a detailed site plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, illustrating the location and exterior finishes of buildings, driveway access, parking area, exterior lighting, freestanding signs, landscaping and other such site features, and the approved site plan and building elevation plans must be attached to the application for building permit for the development. j) All site improvements shown on the approved site and drainage plans must be completed within one year of the approval of the required building permit. 92 -898 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 k) The developer shall pay to the City a charge of $2,500. per 1,000 square feet of building floor area in the form of a certified cheque to be delivered to the Development Officer at the time of submission of the application for building permit for any building on the subject site. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that the by -law entitled, "By -law Number 110 -45, A Law to Amend the Zoning By -law of The City of Saint John ", re- zoning a parcel of land located at, 921 Ashburn Road with an area of approximately 4000 square metres, also identified as being a portion of PID Number 296673, from "RF" Rural to 1 -1" Light Industrial classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -45, a Law to Amend the Zoning By -law of The City of Saint John ". 10.4a) Troisieme lecture du projet de modification de I'arrete de zonage visant le 921, chemin Ashburn 10.4b) Conditions imposees par I'article 39 Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete no 110-45 modifiant I'arrete de zonage de The City of Saint John », visant a rezoner une parcelle de terrain d'une superficie approximative de 4 000 metres carres, situee au 921, chemin Ashburn et inscrite sous le NID 296673, afin de faire passer la classification s'y rapportant de zone rurale « RF » a zone d'industrie legere « 1 -1 », fasse ('objet d'une lecture. A I'issue du vote, la proposition est adoptee. L'arrete intitule « Arrete no C.P. 110-44 modifiant I'arrete de zonage de The City of Saint John » est lu integralement. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court 1. RESOLU qu'en vertu des dispositions de I'article 39 de la Loi surl'urbanisme, le projet d'amenagement d'une parcelle de terrain d'une superficie approximative de 4 000 metres carres, situee au 921, chemin Ashburn et inscrite sous le NID 296673, aux fins d'industrie legere, soit assujetti aux conditions suivantes : a) le promoteur doit revetir d'asphalte toutes les sires de stationnement, de chargement et de manoeuvre et les entrees; b) toutes les aires asphaltees doivent titre entourees de bordures continues de beton coulees sur place, si juge necessaire par I'agent d'amenagement pour proteger les espaces paysagers et de faciliter le drainage; c) le promoteur doit assurer des installations de drainage adequates, y compris des puisards, en cas de besoin, conformement a un plan de drainage detaille prepare par le promoteur et sujet a I'approbation de I'ingenieur municipal en chef ou son representant; d) le promoteur doit prevoir des installations d'electricite et de telephone souterraines, a partir des lignes aeriennes existantes du chemin Ashburn, du chemin Drury Cove ou des deux; e) Aucune entree nest permise sur le cote de 1'emplacement donnant sur le chemin Drury Cove; f) toute activite, sauf le stationnement de vehicules, doit titre entierement exercee 6 92 -899 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 I'interieur d'un immeuble et tout entreposage de materiel, ou de produits finis ou partiellement finis est interdit; g) le promoteur doit prevoir I'amenagement paysager des aires perturbees de 1'emplacement ou it n'y a pas de batiments, de voies d'acces, d'allees pietonnieres, d'aires de stationnement ou de chargement, et I'amenagement paysager doit se prolonger sur le droit de passage de la rue publique, jusqu'au bord de la route; h) la finition exterieure doit comprendre des materiaux de qualite superieure et doit exclure les suivants : metal brut galvanise; blocs ou panneaux de beton sans revetement architectural; 1'emplacement doit titre amenage conformement a un plan de situation et a des plans d'elevation detailles, dresses par le promoteur et sujets a I'approbation de I'agent d'amenagement, indiquant 1'emplacement et la finition exterieure des batiments, les voies d'acces, I'aire de stationnement, 1'eclairage exterieur, les enseignes autostables, les espaces paysagers et toute autre caracteristique, et les plans de situation et d'elevation doivent accompagner toute demande de permis relative audit projet d'amenagement; j) toutes les ameliorations indiquees sur le plan de situation et le plan de drainage approuves doivent titre terminees dans un delai d'un an a compter de la date d'approbation du permis de construction exige; k) le promoteur doit acquitter a la ville un montant egal a 2 500 $ par 1 000 pieds carres d'aire de plancher du batiment, en forme de cheque certifie transmis a I'agent d'amenagement au moment de la presentation de la demande d'un permis de construction visant tout batiment situe sur ledit emplacement; A ('issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Court RESOLU que 1'arrete intitule « Arrete no 110-45 modifiant 1'arrete de zonage de The City of Saint John », visant a rezoner une parcelle de terrain d'une superficie approximative de 4 000 metres carres, situee au 921, chemin Ashburn et inscrite sous le NID 296673, afin de faire passer la classification s'y rapportant de zone rurale « RF » a zone d'industrie legere « I -1 », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete no C.P. 110-45 modifiant 1'arrete sur le zonage de The City of Saint John ». 11. Submissions by Council Members 11.1 Homeless Women's Shelter On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that Common Council request the Province to undertake an immediate review of: 1) the number of women requiring emergency shelter services in Saint John, and 2) the capacity of our community to meet this need. Question being taken, the motion was carried. 11. Intervention des membres du conseil 11.1 Refuge pour femmes Homeless Women's Shelter Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que le conseil communal demande a la Province d'entreprendre immediatement une etude des points suivants : 1) le nombre de femmes ayant besoin de services de refuges d'urgence a Saint John et 2) la capacity de la collectivite de repondre 6 ces besoins. 92 -900 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 A ('issue du vote, la proposition est adoptee. 11.2 Provincial and Federal Funding Announcement On motion of Councillor Tait Seconded by Deputy Mayor Hooton RESOLVED that the Mayor on behalf of Council, send a thank -you letter to the Prime Minister and the Premier thanking them for the funding support and encouragement that Saint John is receiving from the other two levels of Government. Question being taken, the motion was carried. 11.2 Annonce de financement des gouvernements provincial et federal Proposition du conseiller Tait Appuyee par la mairesse suppleante Hooton RESOLU que le maire, au nom du conseil, envoie une lettre de remerciements aux premiers ministres federal et provincial visant I'appui financier et 1'encouragement que regoit Saint John des deux paliers gouvernementaux. A ('issue du vote, la proposition est adoptee. 11.3 Water Hydrant Flushing Dominion Park On motion of Councillor Ferguson Seconded by Deputy Mayor Hooton RESOLVED that the City Manager investigate the feasibility of establishing a water playground in the Dominion Park area that would create a recreational use for the ongoing water that is being wasted in an effort to improve poor water circulation in the Dominion Park area, and that the City install meters to measure the amount of treated water that is being wasted with the various flushing programs. Question being taken, the motion was carried with Mayor McFarlane and Councillors Tait, Titus and McGuire voting nay. 11.3 Nettoyage par chasse d'eau des bouches d'incendie du parc Dominion Proposition du conseiller Ferguson Appuyee par la mairesse suppleante Hooton RESOLU que le directeur general examine la faisabilite d'etablir un parc aquatique pres du parc Dominion dans le but de creer un usage recreatif avec 1'eau gaspillee coulant continuellement pour ameliorer la faible circulation dans le voisinage du parc Dominion et que la Ville installe des compteurs pour mesurer la quantite d'eau traitee et gaspillee par suite aux divers programmes de ringage. A ('issue du vote, la proposition est adoptee. Le maire McFarlane et les conseillers Tait, Titus et McGuire votent contre la proposition. 11.4 Correcting Workplace Culture of the City of Saint John On motion of Councillor Ferguson Seconded by Councillor Farren RESOLVED that to assist with identifying and understanding the City's workplace culture, the City Manager provide to Common Council the number of employees on sick leave for the past five years detailing the length and frequency of sick leave used by each department, and the policies in respect to hiring practices and job specifications for each department. On motion of Councillor Tait Seconded by Councillor Titus RESOLVED that the item, Correcting Workplace Culture of the City of Saint John, be tabled until such time as Councillor Ferguson presents documents supporting claims made in his letter to Council. 92 -901 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 Question being taken, the motion was carried with Councillors Court and Farren voting nay. 11.4 Redefinition de la culture en milieu de travail de The City of Saint John Proposition du conseiller Ferguson Appuyee par le conseiller Farren RESOLU que, dans le but d'aider a determiner et a comprendre la culture en milieu de travail de la Ville, le directeur general transmette au conseil communal des donnees sur le nombre d'employes qui ont profite de conges de maladie au cours des cinq dernieres annees, y compris la duree et la frequence des conges autorises au sein de chaque service, ainsi que les politiques relatives aux methodes d'embauche et aux definitions d'emploi etablies par chaque service. Proposition du conseiller Tait Appuyee par le conseiller Titus RESOLU que le point, Redefinition de la culture en milieu de travail de The City of Saint John, soit reporte jusqu'au moment ou le conseiller Ferguson presente de la documentation a I'appui des declarations qu'il a formulees dans sa lettre adressee au conseil. A ('issue du vote, la proposition est acceptee. Les conseillers Court et Farren votent contre la proposition. 11.5 Multipartner Funding Agreement Neighbourhood Revitalization On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the letter from Councillor McGuire regarding the multipartner funding agreement for neighbourhood revitalization, be received for information. Question being taken, the motion was carried. 11.5 Convention de financement multipartie relative a la revitalisation des quartiers Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que la lettre du conseiller McGuire visant la convention de financement multipartie relative a la revitalisation des quartiers soit acceptee a titre informatif. A ('issue du vote, la proposition est adoptee. 11.6 Property Acquisition Transit Commission On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the status of the new Transit Facility be referred to the City Manager for a response to the Transit Commission as soon as possible. Question being taken, the motion was carried. 11.6 Commission des transports relativement a I'acquisition de biens -fonds Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le directeur general expedie a la Commission des transports une reponse visant 1'etat de sa nouvelle installation. A ('issue du vote, la proposition est adoptee. 92 -902 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 12. Business Matters - Municipal Officers 12.1 Fairville Boulevard - Simms Corner - Bridge Road Corridor Referring to a submitted report, the Commissioner of Municipal Operations presented an electronic slide presentation outlining proposed improvement approaches for the Simms Corner area. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that as recommend by the City Manager, Common Council endorse the suggested approach, items A through L, outlined in the submitted report, and receive the report for information. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Boulevard Fairville — Coin Simms — Couloir du chemin Bridge Se reportant a un rapport presente, le commissaire aux operations municipales, a I'aide d'une presentation electronique de diapositives, souligne Ies ameliorations proposees aux voies d'acces en direction du coin Simms. Proposition du conseiller Titus Appuyee par le conseiller Court RESOLU que, comme le recommande le directeur general, le conseil communal appuie Ies voies d'acces proposees en vertu des points numerotes de A a L et soulignes au rapport presente, et accepte le rapport b titre informatif. A ('issue du vote, la proposition est adoptee. Extention of Meeting Beyond 10:00 p.m. On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that Council deal with items 12.2 - Amendments to Saint John Preservation Areas By -law and 13.1 before adjourning. Question being taken, the motion was carried. Prolongation de la seance au -dela de 22 h Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que le conseil examine le point 12.2, Modification de I'arrete relatif aux secteurs sauvegardes de Saint John et le point 13.1, avant la cloture de la seance. A ('issue du vote, la proposition est adoptee. 12.2 Amendments to Saint John Preservation Areas By -law On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager, Common Council authorize advertisement and set a public hearing date at 7:00 p.m. on July 30, 2007 for consideration of the proposed amendments to the Saint John Preservation Areas By -law, proposed to be renamed the Heritage Development By -law. Question being taken, the motion was carried. 12.2 Modification de I'arrete relatif aux secteurs sauvegardes de Saint John Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general, le conseil communal autorise la publication d'avis et fixe une audience publique b 19 h, le 30 juillet 2007, afin d'examiner le projet de modification de I'Arrete relatif aux secteurs sauvegardes de Saint John, dans le but de le renommer Arrete relatif a 92 -903 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 I'amenagement du patrimoine. A I'issue du vote, la proposition est adoptee. 13. Committee Reports 13.0 Committee of the Whole Appointments On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that Council approve the following appointments: Robert McDevitt to the Saint John Harbour Bridge Authority for a term of three years to expire July 3rd, 2010. Barbara Hutton to the Harbour Station Commission for a term of three years to expire on July 3rd, 2010. Councillor Court, upon the expiration of his present term on December 31, 2007, be re- appointed until May 9, 2008 to the Saint John Industrial Parks Commission; William Leahy, upon expiration of his present term on December 31, 2007, be re- appointed until December 31, 2008 to the Saint John Industrial Parks Commission, or until recommendations resulting from the Mayor's Task Force on Industrial Parks are adopted. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.0 Nominations du Comite plenier Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que le conseil procede aux nominations suivantes : Robert McDevitt pour sieger au conseil de I'Administration du pont du port de Saint John pour une duree de trois ans se terminant le 3 juillet 2010; Barbara Hutton pour sieger a la Commission de Harbour Station pour une duree de trois ans se terminant le 3 juillet 2010. Resolu qu'a la suite de 1'expiration de son present mandat, le 31 decembre 2007, le conseiller Court soit nomme de nouveau pour sieger a la Saint John Industrial Parks Commission [commission des pares industriels de Saint John], jusqu'au 9 mai 2008; et que William Leahy, a la suite de 1'expiration de son present mandat le 31 decembre 2007, soit nomme de nouveau pour sieger a la Saint John Industrial Pares Commission [commission des pares industriels de Saint John], jusqu'au 31 decembre 2008, ou jusqu'au moment d'adoption des recommandations formulees par le groupe de travail du maire relatives aux pares industriels. A I'issue du vote, la proposition est adoptee. 13.1 Planning Advisory Committee Recommending Approval of Proposed Subdivision Folkins Estates Inc. Subdivision 1433 Loch Lomond Road On motion of Deputy Mayor Hooton Seconded by Councillor Tait RESOLVED that as recommend by the Planning Advisory Committee, Common Council amend its resolution of June 9, 2003 to authorize the release of the existing Land for Public Purposes dedication of 2,295 square metres (24,704 square feet) identified as Lots 03 -37 and 03 -39 when the proposed Land for Public Purposes of 7,430 square metres (79,978 square feet) is vested to the City, in one or more phases, with an appropriate right -of -way agreement instead of requiring that public road access be provided. Question being taken, the motion was carried. 92 -904 COMMON COUNCIL /CONSEIL COMMUNAL JULY 3, 2007 /Le 3 JUILLETT, 2007 13.1 Comite consultatif d'urbanisme recommandant I'approbation du projet de lotissement visant le 1433, chemin Loch Lomond presente par Folkins Estates Inc. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Tait RESOLU que, comme le recommande le Comite consultatif d'urbanisme, le conseil communal modifie la resolution adoptee le 9 juin 2003 visant a autoriser la liberation des terrains d'utilite publique actuels, d'une superficie de 2 295 metres carres (24 704 pieds carres), precises comme lots nos 03 -37 et 03 -39, au moment de la devolution a la Ville du terrain d'utilite publique d'une superficie de 7 430 metres carres (79 978 pieds carres), au cours d'une ou plusieurs phases, moyennant I'adoption d'une disposition relative au droit de passage adequat plutot que d'un acces sur vole publique. A I'issue du vote, la proposition est adoptee. 13.3 Committee of the Whole Report - Legal Proceedings - Litigation 10.2(4)(g) — The City of Saint John et al ats Terrance Titus On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the letter from the claim brought by the City against Enbridge Gas New Brunswick Inc. and H.E.F. Industries Ltd. (S/C/610/03) be discontinued in consideration of the payment of $25,000. to the City and that the Mayor and Common Clerk be authorized to execute associated documentation approved by the City Solicitor. Question being taken, the motion was carried. 13.3 Rapport du Comite plenier — procedures judiciaires - litige 10.2(4)g) — The City of Saint John et autres c. Terrance Titus Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que la lettre relative a la poursuite intentee par la Ville contre Engridge Gaz Nouveau - Brunswick Inc., et H.E.F. Industries Ltd. (S/C/610/03) soit suspendue en contrepartie du paiement de 25 000 $ verse a la Ville et que le maire et le greffier communal soient autorises a signer la documentation afferente, telle qu'elle est approuvee par I'avocat municipal. A I'issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 10:15 p.m. 16. Cloture de la seance Le maire declare que la seance est levee a 22 h 15. Mayor /maire Common Clerk /greffier communal 5, 130 CRANE MOUNTAIN ROAD, SAINT JOHN, NEW BRUNSWICK, E2M -7T8 July 4, 2007 TO MAYOR NORM MACFARLANE & COMMON COUNCILLORS OF THE CITY OF SAINT JOHN I would appreciate your recognizing this letter as a formal request for approval, of a building permit so I can have a house directly across the old Acamac Backland Road from the apartment building at 130 Crane Mountain Road. I currently reside in the apartment building, owned by my mother Karyn Thomas and would like to put a single family residence on the property directly across the street for my family. This property would have road frontage on Crane Mountain Road as does the apartment building and will have easy access to hydro. The PAN NUMBER IS #05189304. I have a written first option to purchase the property which belongs to the estate of Victoria Beckett., which is administered by her daughter and son in law (Betty and Kenneth Farmer). I am well aware of the bad history that this property and the Beckett family and their heirs have had with the administration at city hall. Part of their recent problems are due to their living in Sudbury, Massachusetts and being absentee landlords. We want a positive relationship and are not looking at a large development and fight with city hall. I am very responsible and feel that the property is maintained in a better more orderly fashion. I've helped to prevent illegal dumping in the area and even returned stolen items to the landfill and the paintball business. There is a better caliber of tenants in the building than our predecessors had. The family enjoy the outdoors, nature and like to live in this country setting We do our own plowing and the police and fire officials are not making regular calls since we have moved here, because we are living here and are able to monitor the building, and the area. We have new tenants and are working hard to improve an area that had suffered from absentee owners. I have been assisting Abel Leblanc MLA, for our area with housing for a lady in Saint John who has multiple sclerosis.The city has kindly assisted by offering their services to assist this disabled mother. Since then my own daughter has been very ill and has been on medication and undergoing tests for multiple sclerosis. Needless to say I have been most upset and feel I need to take measures to establish a single family home that will enable me to look after my own family easier. I need your help, your approval, so I can proceed with negotiations re the purchase of the land. If I cannot build then it is useless for me to purchase the property. Thank you for your anticipated cooperation in this request Sincerely, Ka44mas1'(84(73472)-0WNER (738- 2673 &fj51-9;9 .Bjj}1�ING PERMITS APPLICANT Katytt ( - 130�CRANE MOUNTAIN ROAD 130 CRANE MOUNTAIN ROAD, APT. #6, SAINT JOHN N.B.E2M -7T$ ' PHONE 738 -2673 • CELL 651 -9997, 5 HARRY HANSON 131 BROAD STRET SAINT JOHN, NB 11 -07 -07 DEAR COUNCIL MEMBERS HAS THERE BEEN ANY REAL PROGRESS IN GETTING A GROCERY STORE UPTOWN OR A HARDWARD STORE. WHAT ACTION HAS BEEN TAKEN? DID YOU EVER CONSIDER DREDGING OUT MARKET SLIP AND PUTTING MARCO POLO IN THERE FOR CRUISE SHIP VISITS OR IS IT TO GO IN COUNTENAY BAY (OUT OF SIGHT OF TOURISTS) TRULY, (ORIGINAL ATTACHED) HARRY HANSON i4' Friday, July 06, 2007 Pat Woods City of Saint John Re: Canada Games Stadium - Redevelopment Dear Mr. Woods On behalf of the Canada Games Stadium Re- development Committee a sub committee of the Recreation Implementation Committee we would like to request an opportunity to appear before council for a further update about this project. Our preference would be to appear for a public presentation on July 30`". Please let us know if we can be added to the agenda. Again, please accept our sincere appreciation for your assistance and support of the Recreation Committees. Sincerely, F0& M "M . 5e July 6, 2007 Mayor and Other Members of Council City Hall Saint John, N.B. Dear Members of City Council, I represent the owner of some 5.5 acres of land, adjacent to the east side of Seaside Park, and extending from Bardsley Avenue to the Bay of Fundy. The old railway, Southern Shoreline (C.P.R.),which was expropriated for sewer purposes, has divided the property into two lots which were connected by a right of passage. The City staff has indicated to me that I cannot cross the former railway line. They say the City expropriated it and will not allow me to use the same. The larger lot of 4.5 acres is now unable to be used. This is valuable land which could be a major asset to the City. It has an outstanding view of the Bay of Fundy. The staff who worked on the expropriation are now advising the City that there is nothing I can do. I feel this is certainly a conflict of interest, when staff who arranged the expropriation for one purpose now claim the crossing which gave access cannot be used as a crossing, thereby affecting the values and use of the two lots. City Staff seems oblivious to the fact that the land should be used. One member previously did ask if I might be willing to sell the land, but nothing further has been done. The City should be realistically interested in having land development, particularly in West Saint John. City staff have consistently recommended money and concessions be given and granted to other developers, to assist them in land development, including areas in West Saint John, yet my possible development is being resisted for reasons beyond my understanding. I hate to think it is because I no longer live in the City. This is a matter which one would think should be able to be resolved without the turmoil of a lawsuit. I am bringing this to your attention as I feel that you are probably not aware of the situation, or it has not been fully presented to you. Too often persons are dodging behind the concept that this is a legal matter. It is more than a legal matter, it is a matter involving a large area of land available for development, development which is being pro tedJby City Staff for no apparent reason. 20 Brimwood Blvd, Unit 50 Toronto, ON M1V 1B7 Latimore Lake & Area �• Community Association Inc 615 Latimore Lake Rd. Saint John, N.B. E2N 1X4 Jury 12,2007 Mayor And Members Of Common Council P.O. Box 1971 Saint John, N.B. E2L 4L1 Dear Mayor and Council, I am writing to you on behalf of The Latire Lake & Area Community Association Inc. requesting your support in adding a bus route to out community. The residents in our community have been paying taxes for as long as other communities in Saint John , and have not had a bus service for over twenty five years. We were told that the bus available to us at that time was removed because their was not enough people using it. We believe the people in our community were not given enough time to take advantage of this service, and the time the bus was available was not ben ificial for many residents. Since our meeting last fall at the Latimore Lake Community Center, we were given a bus route,but it is the same route that did not work outj over twenty five years ago. This bus arives in Latimore Lake at 6:30 or 7:am in the morning and does not return until 6:30 or 7;00 pm at night. After our meeting last fall with Frank McCary,lvan Court, and our MIA Stuart Jamieson, we were left with the impression we would be getting a better service by Spring of this year.The reply 1 recieved last month from Saint John City Transit concerning our request was that there is no money in the budget for us to have our awn bus route. We would like an explanation to why we are part of Saint John, but do not recieve the same services as other communities within out city? We believe we are being taxed for this service and this service should be available to all residents within Saint John lim!ts.Why are we providing bus services to out side communities that doll not pay taxes in our city, and not providing a bus service to the residents who pay taxes within out community?I was not impressed when I picked up the telegraph journal Wednesday morning and read Dominion Park will be recieving a bus service so that people can have access to the parka while we cannot recieve a service to provide our residents access to work.Something is really wrong here! We would appreciate having another bus come into our community around 9 or 10am in the morning and return back at 2 or 3pm in the aftemoon.That would allow for the residents to travel to work, go to town to do their shopping, land return home for their %miles at a decent time. It would also keep our teens safe from hitdh hiking into the malls or city center. We would also like to take part in keeping our air clean.This would also allow the children at our Community Center access to other services available to them in our city and the residents in our area would economically benifit also. I would like to thank you in advance for taking the time to review our situation and I am requesting that my letter be sent to open session and not be recieved and filed. Odette McGrath Chairperson Latimore Lake & Area Community Association Inc. REPORT TO COMMON COUNCIL M & C — 2007- 227 13 July 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Janitorial Services BACKGROUND: f City of saint J1--oh iI It is expected that when the City awards a supply agreement contract to a vendor for the provision of a regularly scheduled service such as the provision of cleaning and janitorial services to City owned buildings, that the Facilities Management Department will be required to provide dedicated staff in order to administer these agreements. Notwithstanding this expectation, the City's experience with these types of agreements has never been good. It has been our experience that in many cases the companies that bid these jobs are either inexperienced and don't bid the actual cost or are experienced and deliberately underbid the jobs in order to win the award. In both these cases the successful bidder will attempt to cut corners or deliberately reduce service levels in order to realize a profit margin. Staff have for many years experienced frustration in trying to administer these supply agreements in order to keep the consistent level of service necessary to meet the requirements of the tender call. The level of effort associated with the administration of these agreements specifically, far and away exceeds any anticipated savings from awarding these tender contracts to the lowest bidder. Research by City staff showed that the City of Saint John's approach to vendor selection for Janitorial Service contracts has traditionally been as a result of a public tender call for each building and the awarding of individual contracts based solely on who is the lowest bidder meeting the required minimum specifications. Page Two BACKGROUND... Cont' d; This approach has resulted in awarding contracts to the lowest bidder and not always receiving an appropriate and sustainable level of service. This approach is causing staff, not only of the Facilities Management Section, but from other departments as well, to spend an extraordinary amount of time, effort and money rectifying problems with contractors who are attempting to generate a profit through the provision of unacceptable service levels. Additionally, staff found that this approach to the establishment of supply contracts for cleaning and janitorial services acted as a deterrent to the larger, more established vendors. The individual building agreements, of and by themselves, are too small in scope and value to be attractive to the larger potential bidders. As well, the short duration of these agreements, ie 12 months with an un- guaranteed extension option for an additional 12 month term, is insufficient incentive to appeal to these bidders. It is for these reasons and after thorough evaluation of the process and research into alternative solutions that, staff initiated the following changes: 1.) Instead of calling separate bids for each location, all locations were combined into one bid opportunity. This involves the 6 facility sites listed below. # Facility 1 City Hall Complex 2 Harbour Station Pedway 3 Police East 4 Tourist Information 5 Leisure Services Building 6 Municipal Operations Complex 2.) The establishment of a longer contract term, 36 months, with longer extension options creating the potential for a five contract. 3.) Replacing the traditional public tender process with the "Proposal Method of Vendor Selection" with award based not solely on the lowest price but on the best bid to meet evaluation criteria such as experience, work plan, quality assurance and price. Page Three ANALYSIS: Proposals closed at 4:00 pm on Thursday June 7th with four company's responded by submitting offers. They included; ➢ Service Master, Saint John ➢ Omni Facility Services, Fredericton ➢ Adora Cleaning, Saint John ➢ Yvonne's Cleaning Services, Saint John Proposal submissions were evaluated by a four member team comprised of staff from Facilities Management and Materials and Fleet Management. Submissions were scored using the following standard evaluation criteria, and as outlined in the proposal call documents: ➢ Proposal quality, completeness and overall presentation ➢ Company Experience and Personnel Qualifications ➢ Quality Assurance Methods ➢ Work Plan and Equipment ➢ Cost After careful evaluation and discussion, the team unanimously selected Omni Facility Services as having the best proposal. Not only did this bidder meet and exceed expectations and requirements of the proposal call but they also submitted the best price plan for the term of the agreement. FINANCIAL IMPLICATIONS: As previously stated both the term of this agreement and the scope of coverage have changed. It is intended that the successful bidder will be awarded one cleaning contract that will encompass all of the buildings identified. However, at present only the City Hall Complex and the Pedway through to Harbour Station are subject to renewal. On November 1, 2007 the Police substation on Courtney Ave East is subject to renewal and will be added to this agreement at that time. In the first full, calendar year of the agreement, commencing January 1, 2008, the contract for cleaning services to the Tourist Information Centre, located on Highway 1 will be added to this agreement. Finally on January 1, 2009, the second full calendar year of the agreement, the Leisure Services building, Adelaide St and the Municipal Operations Complex, Rothesay Ave will round out the contract. January 1, 2010 will see the commencement of the final fully calendar year of what during the transition period of this contract will be a 3.5 year agreement. Page Four FINANCIAL IMPLICATIONS ... Cont'd; Staff will be required, during the term of this agreement, to monitor and evaluate the vendors performance compared to the requirements of the proposal call and their subsequent bid submission. If during the final year of this 3.5 year transitional agreement it has been determined that the venders performance continues to meet or exceed expectations, the agreement will be extended for a term of 24 additional months. The total cost, for the provision of Janitorial Services to the 6 City owned facilities and buildings identified in the proposal call and this report, for the total 3.5 year term of the transitional agreement period, if awarded to Omni Facility Services Canada Corp. will be $566,033.15. This is a basic requirement and as such funds to cover the cost of cleaning and janitorial services are included in the annual operating budgets. RECOMMENDATION: It is recommended that the proposal submitted by Omni Facility Cleaning Canada Inc., for the provision of cleaning and janitorial services to the 6 City owned locations, as identified in the proposal call, be accepted for an initial, transition period term, of 3.5 years, and further that after careful assessment by the City staff assigned with this responsibility, that if warranted an extension of up to 24 additional months may be granted by the City Manager. Respectfully submitted, David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manager M & C — 2007 -198 July 13, 2007 His Worship Mayor Norm McFarlane Members of Common Council Your Worship and Councillors: SUBJECT: ACQUISITION OF PROVINCIAL PROPERTY SUNSET HEIGHTS SUBDIVISION BACKGROUND: At its June 9, 2003 meeting Common Council resolved to purchase from the Province, PID Number 419358, located in the Sunset Heights Subdivision, situated near the intersection of Dever Road and Manchester Avenue (see attached). The purpose for acquiring the parcel of land was to allow the citizens in the subdivision to retain this "green space ", shown as "Playground" on a plan titled, Sunset Heights. The property consists of approximately 1.37 acres. On July 5, 2004 Council considered a report from the City Solicitor advising the Provincial parcel of land to be acquired by the City was landlocked, resulting in no legal access to the property. The Solicitor had also indicated the lanes surrounding the subject parcel were privately owned by the Estate /Heirs of Frederick Roderick. Upon the advise of the City Solicitor, Council authorized the City Manager to negotiate the purchase of the above noted lanes leading from the surrounding public streets to the "Playground" property. Subsequent to the above, Real Estate Services has attempted to purchase the adjoining laneways, but have not been successful to this date. Staff is continuing to pursue the acquisition of these laneways from the Estate/Heirs of Frederick Roderick. Residents of the subdivision who own property near to the "Playground" have recently met with the City Manager to reiterate their desire for the City to acquire the subject property so that it may remain in its present natural state and continue to provide a green buffer for the area. Report to Common Council July 13, 2007 ANALYSIS: Page 2 The Province has recently corresponded with City staff to indicate it is their intent to dispose of the property through other means, such as tendering if the City does not acquire the property in short order. To date, staff has been unable to initiate dialogue with the owners of the adjoining laneways regarding the possible purchase of their land. Should the City wish to pursue the acquisition of the "Playground" property from the Province, it should be realized that the land would remain "landlocked" until such time that other means of access is made available. It would appear the property has been landlocked for a very long period of time, which is most likely the reason for it to remain in its natural vegetative state. As it would be the City's intention to continue having the land under - utilized as it presently exists, acquiring the property without obtaining legal access to a public street would be satisfactory in this instance. Since Council first considered the acquisition of this property a number of years previous, it would be appropriate, if the present Council still wished to pursue the acquisition of the subject property, to re- establish its intent in the form of a resolution. As was the case in 2003, the Province is willing to convey the land for $1.00. The recommendation contained in this report would facilitate the acquisition of the property. RECOMMENDATION: 1. That The City of Saint John recognize the land locked nature of this property and reaffirm its desire to acquire the fee simple interest in the property identified as PID Number 419358, also identified on an attached subdivision plan, titled Sunset Heights, Parish of Lancaster, Saint John, N.B. as "Playground" from the Province of New Brunswick, Department of Supply and Services, for the sum of $1.00. 2. Instruct staff to continue to negotiate with the Estate/Heirs of Frederick Roderick to acquire adjoining land to PID Number 419358 that would result in providing access to a public street. 3. That the Mayor and Common Clerk be authorized to sign any documents required to formalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development CL /c Terrence Totten, FCA City Manager S nset Dr. Prom. Description of Plan: City acquisition of Provincially owned property, identified as "Playground" on Subdivision Plan Sunset Heights. N PID: 419358 Address: Sunset Heights Subdivision APan: N/A Date: June 25, 2007 >° .- _ Canadian toacfc Rai /wsY - � k !4 Ar/hui• sS. Mc /reap sill AGallooer /`Jt4 e fb •1T. H m n sic < /y.l' `sx� J OW O C _ IF N W C 0 "r a IPA R Q Ste. Q _ U _ • � �j n e o zm �- .� u 7 d? C 1 o a. �a p done..p ri I Owl a +4 0? > >5 > >r v vJ' 1 04 e R 1"'I 0 R o o ^c Y reecb.:u � 3 3 ct c c J Ji�;M;O- .f• Lax'r +?Y.0` /^ a 4, .rt .l It ° s ry N ,w1 P T 7a, to Tu zy � _ S _ taw t °. t I . \a UdA A; • . \� fl• .��3 °wee ° V\e° � 4d/ •P tr8 �f'rit �.a `"'>"�S ^at,. II IlPI Qj 't `o (A ,� � ♦�.y?� e ♦ .�9t ��..v40 .e,S�: Q st j� �'•c rt���i l . j.a j s6:t ..d- `F' 'Y' Q axu .q'.r/E. '>�•'f�'.o". f 0p � ' •O'v a/ ((J�1 � n -I.f'i9�itw.2 ��•�.�y��' Ij of `O c e�\ °'s. ,, ' 0 a ai N` t'" t{•'n,- ''fii.r 'ff,. if all �\ ` ro l iii p d l C L ^. t f a a,f•..tT+"'^s �, r• C I � �:�� -:� 1 1 l��`FS ttx f� -r""'N � � � ,r3 .-._ - f � -�^_'7""— �. ^�_.:r:�_\... ..� �,. .: _.. if c 5. _ -;4' =.e..�s � >,_s.t• M & C — 2007 -217 July 10, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Pipeline Crossing Agreement with Maritimes & Northeast Pipeline — Intersection of Bayside Drive and Red Head Road BACKGROUND: A sanitary sewer force -main installation, part of the Harbour Clean -up from Lift Station #4 at Thorne Avenue to the new eastern waste water treatment facility, will cross the Maritimes & Northeast Pipeline's (Maritimes & Northeast) 250mm natural gas pipeline, located at KP 101 +800, near the intersection of Bayside Drive with the Red Head Road. Maritimes & Northeast have reviewed the City's design drawings and have no objection to the crossing. A crossing agreement is required. Maritimes & Northeast have delivered to Engineering the required agreement. Staff reviewed the agreement and there are no concerns or objections. The purpose of this report is to present the agreement to Common Council for its consideration. RECOMMENDATION: That The City of Saint John enter into a Crossing Consent Agreement with Maritimes & Northeast Pipeline Limited Partnership, by its General Partner, Maritimes & Northeast Pipeline Management Ltd., subject to the terms and conditions in the attached agreement, for the purposes of facilitating the sanitary sewer force -main installation as part of the Harbour Clean -up Project and that the Mayor and Common Clerk execute the said agreement. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development CL /c Terrence Totten, F.C.A. City Manager Marit'rtiemes &Noast Pipeline June 11, 2007 Kendall Mason, P.Eng. Municipal Engineer Municipal Operations & Engineering City of Saint John P.O. Box 1971 Saint John, NB E21, 4L1 26Alison Blvd. Fredericton, New Brunswick Canada E3C 2N3 Tel: (506) 462 -4800 Fax: (506) 462 -4611 Web Site:w .nnnpp.com SUBJECT: Crossing Consent Agreement for your proposed crossing of Maritimes & Northeast Pipeline (`M &NP') Saint John Lateral at approximate KP 101 +800, in the County of St. John, in the Province of New Brunswick. M &NP has reviewed the proposed crossing and will consent to it. In consideration of M &NP consenting to the crossing, we ask that you agree to the following conditions precedent: 1. That you will comply with the general conditions for consent in Schedule "A ", attached hereto; 2. That you and your contractor will install the crossing strictly in the manner described in Schedule "B ", attached hereto; 3. That the crossing will be designed and constructed strictly in accordance with your drawing numbered 05112MNEP01 dated May 31, 2007 and approved by M &NP attached as Schedule "C ", hereto; 4. That the crossing will be completed within one (1) year of the date of this letter, otherwise this consent will terminate and a new application will be required. 5. That as per Schedule "A ", Section 10, all contractors working near an exposed pipeline are required to wear appropriate PPE and fire retardant apparel. 6. That as per Schedule "A ", Section 5, Applicant shall submit certificates or other evidence of such insurance to M &NP prior to any work commencing for the Crossing. Please sign and return all three copies of the agreement, including the three copies of the enclosed drawing and schedules. We will subsequently sign the copies of the agreement and will return two for your use. Please ensure that a copy is sent to the persons who will be performing this work and that it is available "on- site ". Installation of the crossing can then proceed after giving a minimum of two business days advance notice to myself at (506)462- 4800/461 -5681. This Agreement and Schedules "A ", "B" and "C" constitute the entire Agreement between M &NP and the Applicant and any change or alteration hereof shall be made in writing between the parties. Yours very truly, MARITIMES & NORTHEAST PIPELINE Andrew Langille, M.Sc., P.Geo Lands & Public Awareness Coordinator Read and agreed to at Saint John, New Brunswick, this day of July, 2007. Applicant: l llii� [yMll`Z�IaI.Y.�1►(l1lIL�7.1►! per N.M. McFarlane, Mayor and J. Patrick Woods, Common Clerk Common Council Resolution: July , 2007. SCHEDULE `A' General Conditions for Crossing Consent 1. In this agreement: (a) the term "Applicant" refers to the person(s) who will own, operate and maintain the Facility; (b) the term "Contractor" means the person(s) who constructs and installs the Facility; (c) the term "Facility" refers to the works of the Applicant as described in the covering letter- agreement to this Schedule; (d) the term "Crossing" refers to the crossing of M &NP's pipeline(s) by the Facility at the location described in the covering letter- agreement to this Schedule. 2. M &NP consents to the Crossing to the extent that it has the right to do so and the Applicant shall be responsible for obtaining all other applicable approvals, permits, orders and permissions required to construct and install the Facility. 3. Applicant agrees to comply with all applicable rules, orders, regulations, codes and guidelines of any competent government body or organization affecting the design, installation, construction and operation of the Facility. 4. Applicant agrees to indemnify and save harmless M &NP against any claims, demands, actions, suits, proceedings, damages, injuries (including injuries resulting in death) that may arise as a result of the construction, installation and operation of the Facility. 5. In connection with Clause 4, above, Applicant, or Contractor, at its own expense shall carry and keep in full force and effect; (a) Comprehensive General Liability insurance with an inclusive limit for personal injury and property damage of Five Million dollars ($5,000,000.00), and; (b) Automobile Liability Insurance ( "owned" and "non- owned ") with an inclusive limit for bodily injury (including passengers) and property damage of One Million dollars ($1,000,000.00). Applicant shall submit certificates or other evidence of such insurance to M &NP prior to any work commencing for the Crossing. 6. Applicant agrees to personally perform the installation and construction of the Facility or else to closely supervise its installation and construction by a duly qualified contractor(s) and to ensure that said contractor(s) complies with all terms and conditions of this agreement. 7. The Applicant shall pay forthwith upon presentation of an invoice by M &NP, all reasonable costs incurred by M &NP for: (a) Review, approval and inspection of th (b) Reinforcing, modifying or relocating installation of Applicant's Crossing or (c) Any reasonable incremental costs maintenance, replacement and repair Crossing. Crossing; M &NP's pipeline(s) to accommodate the the maintenance and repair of its Facility; inured by M &NP in the operation, of its pipeline(s) which are caused by the 8. The terms and conditions of this consent shall apply to the construction and installation of the Crossing and any future maintenance work that may be required. 9. This consent is for the Facility shown in Schedule `C' only and any additional works or facilities proposed by the Applicant shall be the subject of a separate agreement. 10. Applicant hereby agrees and acknowledges that its rights in the Crossing are subordinate to the easement agreement(s) of M &NP that have been registered or obtained prior to this date and Applicant shall cooperate with all reasonable requests made by M &NP related to the operation, maintenance and repair of M &NP's pipeline(s) within the easement(s), in particular the use of Nomex or fire retardant equivalent apparel. 11. In the case of default by the Applicant to carry out any of the provisions of this agreement or if the condition of Applicant's Facility has deteriorated and adversely affects the operation of M &NP's pipeline(s), M &NP may give written notice thereof. If the Applicant fails to take all reasonable steps to remedy the default or the deterioration of the Facility within fifteen (15) days after receipt of the written notice by M &NP, M &NP may take such steps necessary to remedy the default or deterioration and Applicant shall be liable for and shall pay forthwith all reasonable costs incurred by M &NP in this regard. 12. All notices required to be given hereunder shall be delivered by registered mail or facsimile to the addresses shown on the covering letter - agreement and shall be deemed to be received on the fifth (5'h) day following mailing thereof or upon confirmation of facsimile transmission. 13. This agreement shall be governed in accordance with the laws of the province in which the Crossing is situate. 14. Neither party to this agreement shall assign or transfer their rights and obligations hereunder to a third party without first obtaining the written consent of the other party. 15. The rights and obligations of the parties hereto shall terminate upon the earlier of: (a) two (2) years from the date hereof if the Applicant has not completed the construction and installation of the Facility and restoration of the lands affected by the Crossing; or (b) upon the proper abandonment or removal of the Facility and restoration of the lands to a condition acceptable to M &NP and the owner of the property where the Crossing is situate. 16. If any part of this agreement shall become null and void by virtue of law or governmental regulation, it shall be severed from the agreement, but the remaining terms and conditions shall remain in full force and effect. SCHEDULE `l3' Excavation and Operation of Heavy Equipment 17. The following conditions shall apply whenever any construction activities shall require the need for the operation of equipment or excavation near M &NP's Pipeline(s). (a) To protect exposed M &NP Pipeline(s) from damage during the proposed work, M &NP's on -site inspector may require the Applicant to install certain safety precautions before beginning construction. (b) To avoid possible damage to M &NP's Pipeline(s) while excavating, the Pipeline(s) shall be supported adequately, as directed by M &NP's on -site inspector. (c) To avoid possible damage to M &NP's Pipeline(s), heavy equipment shall be restricted to crossing within the travelled portion of the easement unless other crossing locations are approved by M &NP's on -site inspector. (d) Applicant shall provide at least three (3) business days' advance notice prior to commencing any excavation near M &NP's Pipeline(s). General Conditions for Crossings of the Pipeline by Highways, Private Roads, Railways and Utilities 18. The following general conditions shall apply to Crossings of M &NP's Pipeline(s) by a highway, private road, railway or utility: (a) In the case of a crossing of M &NP's Pipeline(s) by a highway, private road, railway or utility the Crossing shall, except as otherwise provided herein, conform to the respective specifications and requirements of the current Canadian Standards Association Code CAN /CSA Z662 — 99 for Gas Pipeline Systems and if the facility will result in the Maritimes Pipeline not conforming, the Crossing may be made only if the M &NP's Pipeline(s) is reconstructed to conform to such requirements, the cost of which shall be borne and paid for by the Applicant. (b) The Applicant shall pay all costs to ensure M &NP's Pipeline(s) shall, in all cases, be of sufficient strength to withstand all stresses and strains resulting from the Crossing. (c) The Crossing shall be constructed so as to cross M &NP's Pipeline(s) at an angle as close as practicable to ninety (90) degrees but not less than forty -five (45) degrees. (d) Parallel easements shall not encroach on the M &NP's Pipeline(s) easement without the prior written consent of M &NP and the owner of the lands _ being crossed. 19. At any crossing of M &NP's Pipeline(s), except crossings by overhead telephone, telegraph or power lines, M &NP's Pipeline(s) and the Facility shall be identified by suitable markers. 20. A buried utility shall cross under M &NP's Pipeline(s) unless otherwise approved by M &NP. A clearance of not less than 0.3m shall be maintained at the point of crossing between the utility and M &NP's Pipeline(s) and all other underground structures. In all circumstances, minimum clearances as stipulated in the current edition of Canadian Standards Association CAN /CSA- Z662 -99 "Gas Pipeline Systems" shall be complied with. Underground utility crossings shall also be subject to the following design constraints: (a) Utilities must be installed at a level grade across the entire width of M &NP's Pipeline easement with the exception of gravity dependent structures. In such cases, the minimum clearances which are specified between the utility and M &NP's Pipeline(s) crossed must be maintained. (b) In the case of any Applicant's buried pipelines, no joints may be made over or under any M &NP Pipeline(s). (c) If Applicant's pipeline(s) will operate under pressure, it/they shall be pre- tested to at least the required test pressure prior to its installation across M &NP's Pipeline easement. (d) If the case of buried power cables, the Applicant shall install a 75mm thick concrete slab, or suitable equivalent, approved by M &NP, placed 300mm above the utility service installation, the full width of M &NP's Pipeline easement. There shall be a. minimum separation of 300mm between the top of the concrete slab and the bottom of M &NP's Pipeline(s). This separation shall be maintained over the entire width of the M &NP Pipeline easement(s). The concrete slab should be un- reinforced red dye concrete. The utility shall be permanently identified with "caution" tape on top of the concrete slab. (e) In the case of buried cables, no joints, splices or other connections shall be made within the M &NP Pipeline easement. (f) The method of installation of all utilities crossing M &NP's Pipeline(s) below ground level must be specified in the Applicant's submission to M &NP. 21. A public highway, logging road or private road shall be constructed so that the traveled surface thereof shall be not less than 1.5m above the top of M &NP's Pipeline(s) or the casing pipe, where required. The bottom of the ditches shall be not less than 1.2m above the top of M &NP's Pipeline(s) or casing pipe. Railway Crossing Requirements 22. The following conditions apply to the crossings of M &NP's Pipeline(s) by railways and shall supplement or supersede the conditions detailed in Section 2, 3, 4 and 5. (a) Where M &NP specifications stipulate, M &NP's Pipeline(s) shall be encased in a metal casing pipe, to be installed by M &NP, the cost of which shall be bome and paid for by the Applicant. (b) Railway crossings shall be constructed to allow the following minimum clearances: (i) One point seven (1.7) meters between the top of M &NP's Pipeline(s) or casing pipe and the base of the rail for a distance of at least 8.Om from the centerline of the outermost track. (ii) One point two (1.2) meters between the top of M &NP's Pipeline(s) or casing pipe and the bottom of the railway right -of -way ditch and/or natural ground surface. Overhead Crossing Requirements 23. The following conditions apply to the crossing of M &NP's Pipeline(s) by overhead telephone, telegraph, telecommunication and electrical power lines: (a) Prior to construction, the Applicant shall determine if electrical interference between the Applicant's facilities and M &NP's Pipeline(s) will occur. If so, the Applicant shall be responsible for providing mitigation design to a level of 15 volts A.C. Steady State; generally in accordance with CSA Standard C22.3 No 6M -1987 (or update), "Principles and Practices of Electrical Coordination Between Pipelines and Electric Supply Lines ". (b) The vertical distance between the lowest wire of an overhead line catenary and the surface of the ground within the pipeline easement shall not be less than the minimum vertical clearance distance set out in that part of the Canadian Electrical Code Part III (CSA Standard C22.3, "Overhead Systems and Underground Systems "). (c) The poles, pylons, towers, guys, anchors and any other supports of an overhead line shall be located outside the M &NP Pipeline easement and not within ten (10) meters of any M &NP Pipeline appurtenance. (d) The Applicant, for an overhead line shall, where directed by M &NP, install aerial warning devices for the protection of M &NP personnel and equipment conducting aerial patrols. Blasting Requirements 24. Prior written approval is required from M &NP if construction of the Facility requires the use of explosives. The Contractor shall comply with all applicable government laws, regulations and orders concerning the use, storage and transportation of explosives, including, but not limited to, the Canadian Explosives Act. The Applicant shall comply with the safety requirements of M &NP. 25. The following conditions shall apply whenever any construction activities shall require the need for blasting when working within thirty (30) meters of M &NP's Pipeline(s): (a) The effects of blasting shall be controlled. (b) A leakage survey of the designated area shall be performed prior to and after blasting by the M &NP inspector to determine the effect of such operations, the cost of which shall be borne and paid for by the Applicant. (c) When blasting is necessary in the vicinity of M &NP's Pipeline(s) under pressure, the Applicant shall limit the intensity of the ground vibrations emanating from any particular blast, measured on the ground's surface above the pipeline(s) at the location nearest to the blast to the following specifications: (i) Maximum amplitude of vibrations 0.1524mm. (ii) Maximum horizontal peak particle velocity 50mm /sec. (iii) The permissible quantities of explosive per delay period shall be governed by the recorded measurements as influenced by the work site conditions. (iv) Explosive agents must, in all instances, be acceptable to M &NP. (v) Delays shall be designed to prevent double readings. (vi) Further restrictions shall be stipulated, as required, by M &NP. Cathodic Protection Requirements 26. Applicant agrees to install, at its cost, all cathodic protection facilities deemed necessary by M &NP to protect M &NP's Pipeline(s) or otherwise reimburse M &NP for the cost of such facilities and installation. SCHEDULE `C' Plan Showing Approved Crossing (Prepare 3 prints of your proposal drawing as set out in this Schedule `C' and attach them to file copies of the letter - agreement you return to M &NP) A drawing of each crossing shall be prepared in accordance with sub - sections A, B and D below. The drawing shall show the location and dimensions of the crossing and the clearance between the lowest catenary and the surface of the ground within the pipeline right -of -way or its projects limits. Standard Drawing Requirements (NOTE: All views to be combined in one drawing) A. PLAN VIEW Scale: • In metric — scale of 1:500 or at a scale which clearly defines all details of the crossing Dimensions: • Distance along the M &NP Pipeline easement to the crossing from a definable legal limit (i.e. lot line, river, road allowance limit, etc.) • Width of the M &NP Pipeline easement to one -tenth (0.0) of a meter • Location of M &NP's Pipeline(s) within the easement to one -tenth (0.0) of a meter at right angles to the pipeline easement • Angle of the crossing (measured to the M &NP Pipeline easement) • Show the width of the utility easement(s) to one tenth (0.0) of a meter • Width of streets in vicinity of crossing Identify: • Legal description of the crossing location (i.e. property metes and bounds, PID, Parish, town, village, etc.) • All additional M &NP Pipeline appurtenances (i.e. concrete slabs, weights, pipeline markers, etc.) • North arrow • Scale B. SECTION VIEW The section view is to be along the proposed utility that crosses M &NP's Pipeline. Scale: • In metric, vertical 1:100, horizontal 1:200 or to a scale that clearly identifies all details of the crossing Dimensions: • Depth of M &NP's Pipeline(s) to one -tenth (0.0) of a meter • Vertical distance of the proposed utility below grade to one -tenth (0.0) of a meter • Clearance to M &NP's Pipeline(s) • Diameter of each of M &NP's Pipeline to be crossed • Easement or right -of -way limits Identify: • If elevations are assumed, then reference the point of the assumed datum • Distance of the pipeline(s) to the M &NP Pipeline easement limits • Ground surface profile for the 20m on either side of crossing • Scale C, PROFILE VIEW The profile view is to be along M &NP's Pipeline(s) and is only required if the encroachments is on the M &NP Pipeline easement for a definable distance (i.e. parallel encroachments such as roads and any grading of the easement, etc.) Scale: • In metric, vertical 1:100, horizontal 1:200 or to a scale that clearly identifies all details of the crossing Dimensions: • Depth of M &NP's Pipeline(s) to one -tenth (0.0) of a meter • Depth of the proposed utility to one -tenth (0.0) of a meter • Clearance to M &NP's Pipeline(s) • Diameter of each M &NP Pipeline to be crossed • Easement or right -of -way limits Identify: • If elevations are assumed, then reference the point of the assumed datum • Distance of the pipeline(s) to the M &NP Pipeline easement limits to one -tenth (0.0) of a meter • Ground surface profile for 20m on either side of crossing • Scale • Existing M &NP Pipeline markers D, LOCATION PLAN VIEW Scale: • In metric, scale of 1:12000 or to a scale that clearly identifies the location Dimensions: • Distance to the nearest town of major geographic feature to 0.1 of a kilometer Identify: • Parish, town, village, city, county, regional municipality, etc. • PID, street, highway, road, etc. • North arrow TITLE BLOCK Identify: • Name of the Applicant and the name of the engineering company who compiled the drawing (where applicable) • Drawing number and the date of the drawing • Revision dates (if applicable) • Signature of the applicant and the engineering company • Legal description of the crossing location • Description of the utility • Date of the survey ADDITIONAL INFORMATION Identify: • All specifications of the utility (i.e.) diameter, wall thickness, material to be conveyed, minimum yield strength, operating pressure, field test pressure, mill test pressure, materials comprising the utility, protective devices to be installed and the proper method of installation • Show a note referencing compliance with all applicable CSA, standards and the National Energy Board Pipeline Crossing Regulations • Date of the proposed crossing ,l ._ .� CH RED Ntn g e M to :k:R:TIMES &NO iHEAST EXISTING CONCRETE \ NEW6ghun D'w, dI1ELINE CURBEDISIAND. \, /• FORCEMNN C;Ossing Drawing Approval E%ISTN03Wmtn MA \ WATER MN \9'4 S CROSSING • \N IN z � Engineering / Design o % 77 vated: °F'' and. ExISrINC ZSBmm Dla '�aied: (' O \ MNEPGA Wl'(SEE `— NOTE5) ) 9.000 5.000 TWO 6.000 5.000 AM 3.000 2.000 1.001) ��m,�. � I I i I CASE OF NEW GUBGRPDE EAISTINOGRPDE ! f E%ISTN nOIA / NEW FINISH GRADE CONC. STORM STORM SENhR ' CM EXIRTING3IN MNEP OA5 WIN — Q CRANDALL Cj Eo ENGINEERING Lid. SO r muw,OEryees vyeaMma�.c (91 00'1 EM4INEE ES CAPTS NEW EO mDW FORCEMNN JOINT RESTRAINTS JOINT MNEP PIPELINE CROSSING AT INTERSECTION OF BAYSIDE DRIVE AND RED HEAD ROAD, CITY OF SAINT JOHN CONTRACT No. 200732 Cad: Gas Main Crossing.Agn Drawn By: DRB Checked: Scale: Date: May 31, 2007 0 +000 0 +030 0 +000 C Drawing No: 5112MNEPOI M & C — 2007 -218 July 13, 2007 His Worship Mayor Norm McFarlane Members of Common Council Your Worship and Councillors: SUBJECT: ACQUISITION OF LAND FROM SCOTT BROS. LTD. ADJACENT TO NORTH END OF HEATHER WAY BACKGROUND: In 1993, Moose Mountains Farms Ltd. (Scott Bros.) acquired a parcel of land from Robert Watters, being Parcel "C ", a partial copy of which is attached. Prior to acquiring this land, Scott Bros. had discussions with the City in connection with the City's future needs in this area, of which it was expressed by City officials there was a desire for the possible acquisition by the City for a portion of this land. This property contains an existing City sewer pipeline easement and Little River also traverses this parcel. The northerly extension of Heather Way is identified in the Municipal Development Plan as a future extension, although there are no plans at this time for the extension to proceed. In 1994, the City had discussions with Scott Bros. regarding the possible acquisition by the City of the above noted property. However, a purchase price agreeable to both parties could not be reached. ANALYSIS: Another report included in this Council agenda is expected to be considered pertaining to a proposed Land for Public Purposes (LPP) dedication, involving a proposed 66 ± lot extension of Eastwood Subdivision. This LPP parcel forms approximately half of Parcel "C" as mentioned above. Real Estate Services have negotiated an accepted offer of $15,000.00 (subject to Common Council approval) with Scott Bros. Ltd. to acquire the remaining half (approximately 1 acre), identified as Parcel "D" on an attached plan, (that portion not included as LPP), provided Council accepts the LPP land for the extension of Eastwood Subdivision. Other recent land sales in the area, rising cost of property Report to Common Council July 13, 2007 Page 2 and existing City infrastructure contained on the subject property, support the negotiated settlement with Scott Bros. Ltd. Should Council wish to proceed with the acquisition of Parcel "D ", the following recommendation will facilitate this land transfer. RECOMMENDATION: 1. That The City of Saint John acquire the fee simple interest in the property identified as Parcel "D" shown on an attached plan, titled "Tentative Plan Eastwood Subdivision ", being a portion of PID Number 55094999, having an area of approximately 4,193 square metres (45,134 square feet), being all of the said property save and except that designated to be Land for Public Purposes No. 3, as shown on the aforementioned plan from Scott Bros. Ltd. for the sum of $15,000.00 plus H.S.T. (if applicable). 2. The City of Saint John will prepare any plan of subdivision/survey required and pay for any registration fees associated with this property. 3. That the Mayor and Common Clerk be authorized to sign any documents required to formalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, FCA City Manager CL /c ft °n_ w � n N °qt t J A A o0a °3 ` J1 e v, 1p O /� 3Y ^o c °g Ar a ° q 2 a " 09 9$ g «t. wB wf 12 R. v. 9$ -i . m a 3 6 �e A py e` f� 3E e ^ f A $ B Stt S6 ` 14 . f„ f B It +ta 9$ a fm Sa�� pfa0� 93 °s It ° P9;BC 3$ff wr «e 9F ssoo -1 $1 'w f Z Y f 9 p 93 o It MCC F wm w9$ A ff�i B & Rr sa ` +5k _ c x 9« "e gt ;m a x �i. +t •x'¢5 `t R .e 80c WIFE VIM r Fp r pp if YB ll�$ it rnegO 9 § N o e EV OPFF"' Ltd wwl kowa ILLMSS OW up '3 Plop wwo 'n 1 f f e o 0 V 30 T FO G I r+v � V � V � T CL q N0D ssoo -1 $1 'w f Z Y f 9 p 93 o It MCC F wm w9$ A ff�i B & Rr sa ` +5k _ c x 9« "e gt ;m a x �i. +t •x'¢5 `t R .e 80c WIFE VIM r Fp r pp if YB ll�$ it rnegO 9 § N o e EV OPFF"' Ltd wwl kowa ILLMSS OW up '3 Plop wwo 'n o J II r plop co O 1 H O Z 3 0 C 0 .N '> m a � N0D a p° 8 ? 3 0 _: S V`o ODo o J II r plop co O 1 H O Z 3 0 ss` o==' O O n 00000 1 PO ` ate/ Z aea Margaret A. Gr If In Document No. 274229 Volum► 839, Page SII N per J° eF'QSe ok G °c °V\e j see � o O 0 0 n � 4 N e P NOTE: Orlglnal centrellne of Conagner Brook taken from NSGIC Maps 07P—IONE 8 07P —I ISE, Plan File 4% No. 137 8 evMetfce of old brook bed on wound. 04 \ Hazen Investments Ltd. Lot 72 -9 c °. °l... c'i., ve VJ I W T I i I of, (1oi rfM 20. 93 - ro r M 1'Y / D° 0 ee� RZ S Parcel "Cis ; �!a Area 8400 sq.m.± �O I I I ^ 00 bee d 3 au i v lh�f i n >_ e « NYY O t 3 0 f � �p a o a. o ° v of Sleep Be Moose Mour Farms ! Document No. Volume 1423, P See Plan No. M & C — 2007 — 225 July 11, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Public Hearing Date - 9 Simpson Drive 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 application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone for Change Michelle MacDonald 9 Simpson 11I -1" Sec. 39 To eliminate Drive amendment part of the required land- scaping RECOMMENDATION: That Common Council schedule the public hearing for the rezoning application of Michelle MacDonald (9 Simpson Drive) for Monday, August 13, 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 OPEN SESSION M &C2007 -219 July 10, 2007 His Worship Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT Staffing Levels, Buildings and Inspection Services BACKGROUND Council will recall that during the 2007 budget deliberations, submissions were presented to Council with respect to requested staffing requirements. The requests for additional positions were first vetted by the City Manager; and those requests, that he could support, were brought to Council for consideration. Department heads were given the opportunity to remonstrate to Council the need, and to present a business case, in order that Council could make informed decisions. After hearing those presentations, and in consideration of both the finite resources available, balanced against the public need and expectations, Council made decisions as to which additional positions they would endorse. Not all requested positions were approved by Council. One of those positions was in the Buildings and Inspection Services department. Subsequent to the 2007 budget approval and establishment approval by Council, the City Manager indicated to the Commissioner of Buildings and Inspection Services that should the need for additional human resources continue to escalate, that he would be receptive to further discussion. This report is intended to apprise Council of the need to staff a "new" management position in Buildings and Inspection Services which will be offset by the deletion of another approved management position in another department. M & C 2007 - 219 - 2 - July 10, 2007 To provide Council with some of the more salient indicators, the following is offered. Facility Management a) • The staff of Facility Management (due to downsizing) was reduced from 10 persons to five persons six years ago. • The operating budget remains the same; inflation aside b) • There is no longer a division head • The Capital budget has quadrupled • This group spends approximately $8 million per year on City facilities • This group maintains approximately 90 facilities • In the last three years, the "Carpenter Shop" was removed from the responsibility of Municipal Operations and assigned to Facility Management. No additional supervisory staff were added or transferred to Facility Management. • Beginning in 2007 the operation of the City Market, complete with Local 18 staffing component, was assigned to Facility Management. No supervisory staff were added or reassigned. Building Inspection • In the last few years, the economic activity in the City has increased dramatically. This year, 2007, is positioned to be an extraordinary year. With this welcome increase in development comes an increase in response requirements for inspection staff, associated administrative support, and management staff. • Most, if not all, building inspection is time sensitive. Staff have to be at construction sites at specific times. As a result, legitimate requests for service for non construction activity are often deferred. • The Deputy Building Inspector has assumed many of the traditional duties of the Building Inspector. As a result, much of the by -law enforcement activities are going unattended. • Unsightly premises and dangerous buildings are now of particular concern. New Legislation As Council is aware, the City of Saint John has pushed hard for legislation to assist the City in terms of enforcement of dangerous and unsightly premises. That legislation is now in place. Public expectation is enormous. The Province is looking to the City of Saint John to lead the way and set the standard for other municipalities. To accomplish this, and meet public expectations, staffing is required. M & C 2007 - 219 - 3 - July 10, 2007 Council in 2005 provided funding to allow for increased inspection and enforcement of minimum property standards. This proved to be a tremendous success; to the point where the management component of this program is overwhelmed. This must be addressed if we are to maintain our credibility and our resolve. A number of the City by -laws need to be reviewed. This should be an ongoing process, but in terms of workload priorities and urgencies, those reviews are not being done. Of particular concern is the Minimum Property Standards By -law, the Flood Risk Area By -law, and the Plumbing By -law. The addition of a new management position, (suggested Level 4) will not solve all of those concerns; however, it will be a step in the right direction. It is proposed that an approved position in ISS be transferred to Buildings and Inspection Services. This will result in no increase to the approved management establishment. Mr. Todd is in agreement with this proposal as he has been unable to fill that vacant position. RECOMMENDATION Your City Manager recommends that the vacant management position of Technical Architect be transferred to Buildings and Inspection Services. Respectfully submitted, Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager REPORT TO COMMON COUNCIL M & C — 2007 -230 13 July 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Proposal Domestic Hot Water System Upgrade BACKGROUND: f City of saint J1--oh iI Proposals closed on Thursday June 28, 2007 for the design, supply and installation of a Natural Gas Hot Water System for the Trade and Convention Centre. This project is necessitated to address a need created as a result of a major failure within the existing hot water heating system. This event however has provided an opportunity to convert to a natural gas system which will be more efficient and as a result contribute to a reduction in the overall operating costs of the T & C Centre. ANALYSIS: Three companies chose to respond to the City public call for proposals by submitting bids. The proposal call method of vender selection was employed in this case due to fact that bidders were, in addition to supplying materials and labour, required to submit a design for the new system. The Facilities Management Section provide the scope of the project and required bidders to design a natural gas system to meet the needs of the T &C Centre. After a careful and through review, it has been determined that the best option available to the City was submitted by Kaizen Engineering, Fredericton N.B. In addition to being the best designed solution, the Kaizen offer is for the lowest priced alternative. Page Two FINANCIAL IMPLICATIONS: If awarded as recommended, to the bidder who submitted the best proposal, and in this case, the lowest proposal, the total cost to provide a natural gas hot water upgrade to the T &C Centre will be $27,473.00, plus tax. Conversions of this nature are supported by Enbridge Gas through an incentive program. In this case, given the present and future value of this upgrade the available incentive is $5,000.00. In addition indications are that this project is subject to a partial cost share with the T &C Centre. A commitment has been received that the T &C Centre will contribute $5,500.00 from their capital budget to this project. Given this the total cost to the City of Saint John for this upgrade project will be $16,973.00 plus tax. This is not a planned expenditure and therefore not specifically identified in the 2007 Capital Budget. However, $20,000.00 was identified in the Capital Budget for other energy initiatives. These will be postponed until 2008 to allow this project to move forward. Staff of Facilities Management has estimated that the payback for this conversion to natural gas will be in the area of six years. RECOMMENDATION: It is recommended that the proposal submitted by Kaizen Engineering, in the amount of $27,473.00, plus tax, for the design, supply and installation of a new natural gas hot water system for the Trade and Convention Centre, be accepted. Respectfully submitted, David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manager REPORT TO COMMON COUNCIL M & C 2007 - 220 July 12, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: M. The City of Saint John SUBJECT: DESIGN AND CONSTRUCTION MANAGEMENT: SANITARY SEWER INFLOW / INFILTRATION STUDY PHASE V AND MANHOLE REHABILITATION INSPECTION SERVICES BACKGROUND The approved 2007 Water and Sewerage Utility Fund Capital Program — Infrastructure Renewal Sanitary category includes funding necessary to engage engineering services to complete the following: • Sanitary Sewer Inflow / Infiltration Study Phase V • Manhole Rehabilitation Inspection Services. The purpose of the Sanitary Sewer Inflow / Infiltration Study Phase V is to investigate and identify all sources of inflow and infiltration into five sanitary sewer sheds in the Milford / Dominion Park area. The study will also investigate the "chronic" sources of infiltration within the Forest Hills residential area. The City of Saint John will plan capital improvements to the sanitary system based on the results of this study. The consultant will also provide inspection services for a sanitary sewer manhole rehabilitation contract scheduled for the fall of 2007. These projects are part of a larger, multi -year program to control flows to wastewater treatment facilities and reduce potential for environmental contamination. PURPOSE OF THE REPORT The purpose of this report is to make a recommendation for consulting engineering services for these projects. M & C 2007 -220 July 12, 2007 Page 2 ANALYSIS On March 20, 2007, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Hydro -Com Technologies. In response to this request, Hydro -Com Technologies submitted a proposal on June 22, 2007. Staff was previously authorized to conduct negotiations with this consultant for engineering services for Sanitary Sewer Inflow / Infiltration Study and Manhole Rehabilitation Inspection Services. 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 Jeremy Howley Associate Operations Manager, Water & Wastewater Systems 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 Hydro -Com Technologies 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 Hydro -Com Technologies 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 Hydro -Com Technologies to provide design and construction management services is approximately $116,047.11 including the City's eligible HST rebate — a positive difference of $8,952.89 in the Water and Sewerage Utility Fund Capital Program. An amount of $125,000 was included in the 2007 Water and Sewerage Utility Fund Capital Program for design and construction management. M & C 2007 -220 July 12, 2007 Page 3 RECOMMENDATION It is recommended that the proposal of Hydro -Com Technologies for engineering services (design and construction management) for Sanitary Sewer Inflow /Infiltration Study Phase V and Manhole Rehabilitation Inspection Services 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- 228 July 13, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Ashburn Lake Road Design and Construction Management Services BACKGROUND M. The City of Saint John The approved 5 — Year Capital Investment Plan, Gas Tax Funding (GTF) Agreement includes a transportation project for the design and reconstruction of Ashburn Lake Road between Rothesay Avenue and Route # 1. The design services for this reconstruction endeavour is broken into two projects; the first project is to design and manage the construction of an upgrade to the existing Ashburn Lake Road to tie into the new Route #1 / Ashburn Lake Road exit ramp being constructed by NBDOT this year. The second project is to complete a preliminary design and cost estimate for what the City is referring to as the "Ultimate Design" for Ashburn Lake Road. This project is required to co- ordinate design projects with the Province for future construction of a proposed full interchange between Ashburn Lake Road (Retail Drive), Foster Thurston Drive and Route #1. The Ultimate Design will consider items such as the future number of traffic lanes from Route 1 to Rothesay Avenue, widening or replacement of the bridge over Marsh Creek, realignment of Ashburn Lake Road with Retail Drive, a new railway crossing, turning lane and traffic signal requirements on Rothesay Avenue and land requirements. Completing these two designs under one contract and by the same consultant will allow the City to optimize the existing Ashburn Lake Road Upgrade design within the Ultimate Design — to make best use of available funding. M &C 2007- 228 July 12, 2007 Page 2 The 2007 Gas Tax Funding Agreement 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 • Detailed design • Construction management and inspection services • Record drawings in digital and hard copy format PURPOSE OF THE REPORT The purpose of this report is to make a recommendation for consulting engineering services for: • Preliminary investigation and data collection for the Ashburn Lake Road Upgrade and for the Ultimate Design, • Preliminary design and design report with cost estimates for the Ashburn Lake Road Upgrade and for the Ultimate Design. • Detailed design for the Ashburn Lake Road Upgrade project, • Construction management services for the Ashburn Lake Road Upgrade project, ANALYSIS On June 7, 2007 with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Neill and Gunter Limited. In response to this request, Neill and Gunter submitted a proposal on June 28, 2007. Staff was previously authorized to conduct negotiations with this consultant for engineering services for the Ashburn Lake Road project (M &C 2007 -75). A Review Committee consisting of the following staff completed an analysis of the submission: Shayne Galbraith, P. Eng. Director Saint John Works Eric Giffin, P. Eng. Deputy City Engineer Dave Logan, CPPB Purchasing Agent/Manager, Materials and Fleet Management Brett L. McLean, P. Eng. Municipal Engineer M &C 2007- 228 July 12, 2007 Page 3 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 Neill and Gunter Limited proposal. The upset price contained in the proposal was also evaluated by the committee and was determined to be acceptable for submission to Council for approval. The submission from Neill and Gunter Limited met all of the requirements of the request for proposal in a manner acceptable to the committee, with a cost effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work from Neill and Gunter Limited to provide preliminary investigation and data collection and preliminary design, design report and preliminary cost estimate for the Ashburn Lake Road Upgrade project and the Ultimate Design is approximately $126,473.46 including the City's eligible HST rebate. The cost to provide detailed design, detailed cost estimate, design report and construction management services for the Ashburn Lake Road Upgrade project is approximately $151,877.03 including the City's eligible HST rebate. An amount of $1,410,000.00 was included in the 5 — Year Capital Investment Plan, GTF Agreement — Transportation category for design, construction management and construction. Since the time of this estimate, it has become apparent that the cost of the ultimate configuration and construction (connected to a full interchange) could be higher. 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 engineering services required. This upset fee is approximately 19.8 % of the current project estimate for Ashburn Lake Road. Staff consider this percentage appropriate as the overall project requires items or work not normally included in a design project such as structural study of the bridge over Marsh Creek, geotechnical investigations, a detailed traffic study and synchronization of traffic signals with the CN Rail crossing. RECOMMENDATION It is recommended that the proposal of Neill and Gunter Limited, for engineering services for the Ashburn Lake Road Upgrade project and the Ultimate Design 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. Terrence L. Totten, F.C.A. Commissioner City Manager Municipal Operations & Engineering REPORT TO COMMON COUNCIL M & C 2007- 229 July 12, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: M. The City of Saint John SUBJECT: CONTRACT 2007 -26: CONSTRUCTION OF WATERSHED PROTECTION FACILITIES BACKGROUND This Contract consists of a project that is approved in the 2006 and 2007 Water & Sewerage Utility Fund Capital Program as follows: • Installation of new guide rail at six (6) locations where the existing roadways are within 30m of either one of the lakes (3 Loch Lomond Watershed and 3 Spruce lake Watershed locations). • Raising the crushed rock walking trail approximately 2m along the length of the guide rail section at one Spruce Lake location. TENDER RESULTS Tenders closed on July 10, 2007 with the following results: 1) Debly Enterprises Ltd $294,287.00 2) Galbraith Construction Ltd $335,396.00 The Engineer's estimate for the work was $332,080.00 ANALYSIS The tenders were reviewed by staff and Crandall Engineering Ltd. Two tenders were found to be formal in all respects. A third tender in the amount of $348,952.00 submitted by Falls Construction was rejected at the tender opening by the Tender Opening Committee in accordance with Division 2.15 items (b) and (d) as this tender was not listed by the City as having received tender documents from the City and there was a page missing from the M & C 2007- 229 July 12, 2007 Page 2 Form of Tender. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS This Contract includes work that is charged against two capital work projects. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed. The analysis concludes that a total amount of $400,000.00 was provided in the budget and that the projected completion cost of the project included in the Contract is estimated to be $353,251.72 including the City's eligible HST rebate - a $46,748.28 positive difference in the Water & Sewerage Utility Fund Capital Program. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2007 -26: Construction of Watershed Protection Facilities, be awarded to the low tenderer, Debly Enterprises Ltd., at the tendered price of $294,287.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L . Totten, F.C.A. City Manager 11 �1 Discussion points with City Council re west side resident's concerns over motocross �j Track is located close to residential neighbourhoods. The easterly parts of the track are located l (�J 832ft / 254m from the nearest houses in Monte Cristo. • Geography is also an issue. The upper houses in Monte Cristo, the neighbourhoods of Gault Road and Alvic Place are at approximately the same elevation as the track. • Residents of Ocean Westway face both noise and traffic issues. • There are approximately 720 homes within 2 kilometres of the motocross track. • Noise complaints come from beyond the immediate neighbourhoods. Noise complaints have come from as far as South Bay. • Residents have been keeping track of the motocross track operation. It operates at least three times per week and has operated on every day of the week, including on a Sunday. • The issue is not specifically the number of bikes that use the track at any time. The issue is noise. A few bikes can still make a lot of noise. • The noise levels are not medically harmful. This is not a hearing loss issue. The noise is a nuisance noise. • Residents have made hundreds of call to police. This has an impact on police operations. Residents have made many calls to Councillors too. • Ocean Westway residents have made numerous calls to police regarding unlicenced motocross bikes on the streets and trespassing on private property. • Commercial versus private operation has been raised by some as an issue. The residents do not agree that this is an issue. The zoning by -law prohibits this activity as it is written now. This is a PUBLIC track, not a private track. • The Noise by -law is ineffective. It is too specific to be useful for unique situations like this. Council must consider an amendment. • The zoning by -law clearly prohibits this use now. Rural zoning can only include some uses. A motocross track is not one of those uses. Other uses can be approved by the PAC, but a cycle track is specifically prohibited. • The zoning by -law prohibits changing the use of a property without prior permission. The property use has changed. No permission has been requested or granted. • This operation is not a "park" within the intended meaning in the by -law. • This motocross track is an affront to Council's Vision 2015 plan. The plan for this general area is for residential housing. A motocross track in this area with inhibit growth. • The consequences of a recent provincial amendment will mean that the city will face this issue again if it is not resolved soon. • The residents will request that Council act, and act quickly to resolve this issue, Presentation to Council on West Side Mo tocross Track Agenda • Introduction • Neighbourhood Issues • By -Laws Review • Vision 2015 • Resident's request of Council 'r fi Illy ' ArK }y,w. b l� A •ijyiP N �� �,,jj \� y`3 x f\ All jl lr .ter. P _. .'.r 4._a I• y M z+t Track Operation - Dates /Times /Numbers The track is operated many times a week. This has included all weeknights and both weekend days. This has included Sunday evenings until 9:45pm. Date Time Saturday, May 19 Saturday, May 26 Monday, May 28 Tuesday, May 29 Wednesday, May 30 Thursday, May 31 Saturday, June 2 Thursday, June 7 Friday, June 8 Saturday, June 9 Monday, June 11 Tuesday, June 12 Wednesday, June 13 Thursday, June 14 Saturday, June 16 Sunday, June 17 Thursday, June 21 Friday, June 22 Saturday, June 23 Tuesday, June 26 Thursday, June 28 Sunday, July 1 Tuesday, July 3 Saturday, July 7 Hours Cumulative 2:30 p.m. - 5:00 p.m. 2.5 2.5 1:00 p.m. - 8:30 p.m. 7.0 9.5 5:30 P.M. - 9:00 P.M. 3.5 13.0 6:00 P.M. - 9:00 P.M. 3.0 16.0 5:00 p.m. - 8:30 p.m. 3.5 19.5 6:00 p.m. - 9:00 P.M. 3.0 22.5 11:00 a.m. - 4:00 p.m. 5.0 27.5 5:30 p.m. - 8:30 p.m. 2.5 30.0 5:30 p.m. - 8:30 p.m. 3.0 33.0 12:30 p.m. - 8:00 p.m. 7.5 40.5 5:30 p.m. - 8:30 p.m. 3.0 43.5 5:30 p.m. - 9:00 p.m. 3.5 47.0 5:00 p.m. - 8:30 p.m. 3.5 50.5 6:00 p.m. - 9:00 p.m. 3.0 53.5 1:30 p.m. - 4:00 p.m. 2.5 56.0 6:00 p.m. - 9:45 p.m. 3.5 59.5 5:30 p.m. - 8:30 p.m. 3.0 62.5 7:00 p.m. -8:00 p.m. 1.0 63.5 1:00 P.M. -9:00 P.M. 8.0 71.5 5:30 p.m. - 9:00 p.m. 3.0 74.5 6:00 p.m. - 9:00 p.m. 3.0 77.5 1:30 p.m. - 3:00 p.m. 2.5 80.0 5:30 p.m. - 8:30 p.m. 3.0 83.0 1:00 P.M. - 5:00 P.M. 4.0 87.0 s Noise Audio / Video Samples Commercial or Private Track Private Public Commercial Couple of friends riding Inviting everyone around the from Grand Bay backyard through to Quispamsis to come ride on the property. Open houses, Motocross events proposed price with 400 bikes, lists, multiple 200cars, and 50 bikes using the travel trailers, track lights, and PA systems Saint John Motocross Club Evidence suggests that this application was used prior to the residents disrupting the plan. Affidavit evidence from private investigator says that anyone, not just friends and family, can use the track. Safetv Issues Number of track users who are unfamiliar with the west side are creating dangerous driving situations as they hunt for the entrance to the track, • Going down the Grand Bay exit ramp the wrong way • Cutting off the highway entrance ramp, through the median, over the exit ramp and up the hill to the track. • Cars Et Trucks with trailers full of bikes driving through Ocean Westway /Manawagonish Rd /Gault Rd intersection on the wrong side of the road. Highway exit from Grand Bay Cars Backing up the Exit Ramp 0 Noise Saint John's Noise By -law has limiting factors that make it difficult to apply Contrast Saint John with Fredericton: Saint John: No person shall during the times set out in subsection 3(3) make a noise which results from an action listed therein ... Fredericton: No person shall make, or permit to be made, any noise within the City of Fredericton likely to cause a public disturbance or otherwise disturb inhabitants of the City of Fredericton. 12 Zoning By -Law Subsection 720 - Rural (RF) Zone Any land, building or structure may be used for the purposes of and for no other purpose than (a) the following uses one family dwelling two family dwelling church • community centre and grounds elementary school • high school • vocational school • subject to subsection 810(3), a home occupation • subject to Section 810(1) a group home • library • park or playground or wood lot 13 Zoning By -Law Subsection 720 - Rural (RF) Zone the following uses subject to such terms and conditions as may be imposed by the Committee: commercial recreational facilities including golf, tennis, boating, swimming, skiing but not including automobile cycle or horse race tracks ... 14 Zoning By -Law - Change of Use Changing use without prior permission in wrong. Subsection 910(2)(a) of the Zoning By -law states: Change in Use No person may change the purpose for which land buildings or structures wholly or in part is used without obtaining a permit Regardless of how the motocross track is presented or perceived, it is a change of use. Change of use without permission is illegal and WRONG. 15 Vision 2015 Vision 2015 is the start of a multi -year transformation for the City of Saint John. "A house is the biggest investment you will make both financially and for your family. People are not going to take the risk. There are lots of other areas outside the city." This area is ready to take off. The potential revenue base for the city is massive. Allowing a motocross track to operate in this area will undermine Council's plan for the area. Allowing a motocross track to operate in this area is wrong. 16 Future Land NNmTrm e�mh6m0 WmSalaapnnontl0 mrpan.ppdmYm mhmtl n'PrteeNtlYs perwW mrwlAgaM gAkkeINMie Pen. ThIB Hail N MmW legml Ontylomplmvam xM Hail d tle AWUCpi Plan. BYAwn ie ergRC, ON anoian�npadq@A ty fimnAnCOUrm zMUNCqu1PW M1wntlmeM. ii GRW tlpp'e. + +a e y51w v awe-.. (p l NmltV Raklampl ■:. Mail Oam y RaMaAlsl 4 Nigh Oneily Rialca l 0 Unsal RaMaalal Rural ® Cya Spce Eg Major Caramunity FadlMa Nal(Nboahomd Cane D"l Cartre Repbal Cadre ® twMafonilor ® Transporatlmn Blalma Pal ✓ AUI, ®. Heay lMUat� ,y, M � 4Fpwed fimeptlam Jule 2vil Future Land Use Plan 17 �l l NmltV Raklampl ■:. Mail Oam y RaMaAlsl 4 Nigh Oneily Rialca l 0 Unsal RaMaalal Rural ® Cya Spce Eg Major Caramunity FadlMa Nal(Nboahomd Cane D"l Cartre Repbal Cadre ® twMafonilor ® Transporatlmn Blalma Pal ✓ AUI, ®. Heay lMUat� ,y, M � 4Fpwed fimeptlam Jule 2vil Future Land Use Plan 17 Resident's Reaues "The track is just in the wrong place." Direct enforcement our by -laws Review the Noise By -law Work with all parties to find a win -win solution. THE MOTOCROSS TRACK IS JUST IN THE WRONG LOCATION AND IS HAVING A DETRIMENTAL EFFECT ON US. STOP THE OPERATION OF THIS MOTOCROSS TRACK IN THE CURRENT LOCATION. 19 REPORT TO M &C #2007 -223 COMMON COUNCIL His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Common Council SUBJECT: WEST SIDE RIDE PARK (MOLORCROSS) Staff understands that residents opposed to the current, and perhaps future, level of activity at what the owner calls the "West Side Riding Park" are appearing before Council this evening. City staff is not tabling any further information this evening, but will listen carefully to the remarks and evidence presented by the residents. At the same time, the City Manager has sought and received further input and /or comments from both the Legal and Police Departments. This information, coupled with additional information, which we expect to receive this evening from those opposed to the activity, will be evaluated. A subsequent report will have to be prepared giving', Council advice as to what needs to be done and the chances of success and timelines involved, should Council wish to preclude any riding of motorcycles and/or dirt bikes on this site. RECOMMENDATION: This renoft to be Terrence L. To CITY MANAGER FCA files. TRAFT IhCI%4 (es Stibstahce j one F"AA5 fo 6e ac�airesseci . Presentation to Common Council City of Saint John by the Saint John Community Arts Board Monday, July 16, 2007 Presentation Outline Saint John Community Arts Board background / activities at accomplishments / council's support / priorities Arts and Culture Community Saint John Firsts / ART -FACTS / Statistics / volunteers / Diversity City's Cultural Affairs Office role & responsibilities / current projects, activities, & services City Support is Key Purpose of Presentation • Board is appointed by Common Council and is required to provide a report of its activities at least once per year • Response to Councillor Bill Farren's letter to Council, dated April 3, 2007, requesting a presentation to Council on arts and culture in the community Saint John Community Arts Board Saint John Community 1 B O A R D Created by 1 v= Common Council Feb 10, 2003 C C N S E I L 0 ADMINIS aanum n,; pr, Or.,nr F)n.UtA de Saint John Saint John Community Arts Board Vision Saint John is a vibrant creative centre embracing excellence, originality, diversity, and artistic expression that Inspires people to live here as their community of choice. 1 About your Board Saint John Community • Meetings: Board meets monthly e 4 A F D • Key 2004/2005 objective: and implementing entin9 Saint John Arts and Cu0 and Culture Pdicy • Adoption of Policy: Following consultations with stakeholders C O N S e I L and a pudic forum, Common Council ioaumwa`nu�r�om unanimously adopted the Saint John Arts u and Culture Policy on September 26, 2005 de Saint John Board Accomplishments / Activities • Apr 2004 Instrumental in persuading Canada Post to leave the John Hooper sculpture People Waiting in Saint John. All restoration costs were paid by Canada Post. Board Activities / Accomplishments continued.. • Jun 2004 to Apr 2005 True public participation. Series of consultations with community stakeholders were held to gain input on development of arts and culture policy, including a major public forum, and a roundtable discussion with the Minister of Canadian Heritage, The Hon. Helene Califour - Scherrer Board Members Appointed by Common Council • Michael D. Wennberg Chairman • Peter McKelvey Vice- Chairman • Bernard J. Cormier Cultural Affairs Officer Secretary/ Staff Support • Tim Blackmore • Michele arldeau • Peter Buckland • John Foster • Deputy Mayor Michelle Hooton • Philip Huggard • Dr. Robert MacKinnon • Leslie Oland • Janet Scott • Andres Scott • Jill Whitehouse Board Activities / Accomplishments continued.. • 2003 to 2005 Assisted in the revitalization of the Saint John Arts Centre and supported their request for funding from the Saint John Regional Facilities Commission • May 2004 With a municipal election to be held, the Board hosted the `first ever' Forum for Candidates Board Activities / Accomplishments continued.. • Jun 2005 Final draft of Arts & Culture Policy presented to Council for adoption. Council refers Policy to City Manager for staff report • Sep 2005 Council unanimously adopts the Saint John Arts & Culture Policy • Oct 2005 City is host to the Atlantic Cultural Space conference 2 Board Activities / Accomplishments continued... • Nov 2005 Board attended "Making It Happen" - a one -day forum on redevelopment and revitalization, featuring the former Mayor of Winnipeg, Mr. Glen Murray • Feb 2006 Council approves $50,000 budget for Board to develop grants program for local arts and culture organizations. Activities / Accomplishments continued.. • Jun 2006 Authority given to proceed with grants program • Aug /Sep 2006 First grants program proceeded. 2006: awarded project grants totaling $38,100. This year awarded grants to 23 arts organizations totaling $46,600. Grants range between $500 to $5,000 and are used to assist arts organizations and groups with funding their projects, series, and /or festivals Board Priorities for 2007/2008 continued.. • Re- establishment of John Hooper sculpture in outdoor public setting • Use the funds budgeted in the City's Art Reserve to develop new public art • 1% for art in new developments in the city (e.g. new Police Headquarters; Saint John Energy Centre; Bus Depot; etc.) and to play advocacy and moral persuasion role in this regard Board Activities / Accomplishments continued... • Marto May 2006 Criteria and application form developed for proposed grants program • Mar 2006 Created a Post- Secondary Education Sub - Committee to explore an arts Institution In city's uptown and subsequently became Involved with True Growth Post - Secondary Education Strategy Initiative • May 2006 Saint John Arts Summit attra cts over 100 pa rOcipants for one -day meeting on arts and culture Board Priorities for 2007/2008 • Cultural Capitals of Canada application for 2010 — the City's 225th Anniversary of Incorporation • Implementation of Arts and Culture Policy • Develop and plan a biennial celebration of arts and culture to recognize the accomplishments of our artists and arts organizations Importance of Arts & Culture to the Community - Albert Einstein 3 Signs of Council's Support (since 2004 election) Establishment of Councillor portfolios with the pportfolio of Arts, Culture and Heritage assigned to the Deputy Mayor • Arts, Culture and Heritage announced as the Mayor's alternate portfolio • Mayor's annual New Year's Levee moved from City Hall to Saint John Arts Centre Saint John First in Atlantic Canada to... Establish position of Cultural Affairs Officer (1973) • Open a municipal gallery showcasing works by local and regional visual artists (1973) • Set aside annual funds to purchase artworks to be mounted in City buildings and to be part of the CAtys Permanent Collection of Art (1971). Saint John ARM-FACTS • The City's Cultural Affairs Office was first in Eastern Canada to develop a Cyber Events Calendar (now reaches over 4,000 subscribers) • The Cultural Affairs Office was first to issue an electronic - newsletter on arts and culture (State of the Arts) • Over 3,000 recorded arts and cultural events /activities were held in Saint John in 2006 Signs of Council's Support continued.. Adoption of Saint John Arts & Culture Policy (September 2005) Creation of the Saint John Community Arts Funding Program, providing small -sized project and /or festival grants to arts /cultural organizations /community groups Success in saving the John Hooper sculptures entitled People Waiting Saint John First in Atlantic Canada to... continued.. Hold a public art Competition for a City Hall sculptural piece, at a cost of $501000.(1972/1973). The artwork, located on the exterior of the Council Chamber, is entitled Progression by NB artist Claude Roussel and has become a recognizable symbol of Saint John. Saint John ARTi -FACTS continued.. • From 1987 -2007 (20 year period) there has been a 550% increase in number of arts and cultural organizations /groups • First Atlantic Canadian city to adopt a 'comprehensive' arts and culture policy 12 Saint John ARTi -FACTS continued... • Home to numerous arts /culture organizations with province -wide mandates: - New Brunswick Museum - Opera New Brunswick - Performing Arts NB - Symphony New Brunswick - NB Competitive Festival of Music - New Brunswick Musicians Association Statistics • Cultural industries now account for $2.1 billion of the Atlantic region's GDP, an increase of 42% since 1996. • These economic engines generate 34,557 direct jobs, representing 3.29 per cent of Atlantic Canada's total workforce. Sours: Study published by the Canadian Institute for Research on Regional Development (CIRRD). Community/Cultural Diversity • Three fastest growing communities in Saint John are: 1) Chinese 2) South Korean 3) Iranian • 2006: 347 individuals came to Saint John through the Provincial Nominee Program (this figure does not include immigrants outside this program) • only city in New Brunswick with a professional string quartet City's Arts & Culture Volunteers • Estimated number of volunteers: 1,500 • Estimated volunteer hours: 216,000 • Estimated value: $2.85 million • 216,000 hours volunteered in arts and culture is equivalent to 129 full -time, full year jobs (at 35 hours per week and 48 weeks per year) Source: City's Cultural Affairs Office, 2W7 Cultural Affairs Office • Programs and services to promote arts and cultural affairs in community development • Liaises with local arts and cultural community groups Including festivals and special events • Co- ordinates promotional signage / banner placement in city • Director - City of Saint John Gallery • Secretary/Staff Support - Saint John Community Arts Board 5 Cultural Affairs Office continued... • City representative at various arts cultural functions, boards, and committees • Resource for arts /cultural community groups re grants and partnerships, etc. • Assists and /or prepares grant applications for community groups • Custodian - City's Permanent Art Collection. • Produces City's Events Calendar • Issues weekly Cyber Events Calendar • Produces monthly newsletter (State of the Arts) Cultural Affairs Office Current project, activities, and services t #need.. • Millennium Artplace, Saint John Free Public Library (ongoing) • Dialogue New Brunswick — Ambassadors Program (new initiative) • City's Permanent Art Collection (ongoing) • Sheila Ross Memorial Scholarship (annual) • Art and Antiques in the City brochure (annual) • Promotional Signage — King's Square (ongoing) Cultural Affairs Office Current project, activities, and services • New Brunswick Day Merit Awards (annual) • Cultural Capitals of Canada Program (applying) • Saint John Community Arts Funding Program (annual) • Professional Artist in the Community Grants Program (new initiative) • Saint John - Elsibogtog Partnership (new initiative) • Saint John Arts and Culture Policy (ongoing) • City of Saint John Gallery (ongoing) • Public Art Projects (ongoing) City Support is Key • Saint John Community Arts Board • Saint John Arts and Culture Policy • Saint John Community Arts Funding Program • Cultural Affairs Office LI ent By: HP LaserJet 3100; 5088582837; APPLICATION FOR A ZONING BY APPLICANT RELATED Name of Applicant _r Mailing Address of Applicant W fl -1, M (Dterno 10 Telephone Number Home q3 3 -b 5 C Fax Number Of soy) & (i;� to 3 �U f Name of Property Owner (if different) Mailing Address of Owner 353 PROPERTY INVORMATION Location X3 3 5'fl))o I f A)Q Civic No. Lot Area 50 x ISO f J` X I d (7 Existing use of Proparty /�61 i d e r) (4 L Municipal Plan land Use Designation Lc tti% AMENDMENT REQuzmD Presort Zoning � ` iD'Change Zoning to 4 andfor O Tcxl Amendment O"cote particulars) OCt -10.02 10:.... 'AMENDMENT ENE �Elfrit 1C/ CN4E Postal Code U 1 3 13 ( Lfd - 355 I%>vhl� Lo r' D. D 003x0580 0550,3f&'y Street PID No, Streat Fmtrtuge J e G k l a oL7AL Deo51, SfG�PI? lu% 5088582837; 'OCt-10-02 i0152AMi Page 515 ant By: HP LaserJet 3100; C DEVELOPMENT PROPOSALr ' ( 1 u lug (17 f I C ti T Ol� Description of Propaspl 8LL-A)KE &-r7CK NE,text1(j ry (''C seer- You must provide a sealed ttte plan that W mtrates your proposal. You n wy also provide photographs, building plans, elevation dranvings and any orher form of infopmattom T4W plan must show the dimensions oj'the properly, the Amadon gfall buildings, 14rtveways. panting aretat ! taping and signs. It is important that Ike distance between the properly boundary and buddras r are shown. Provide reasons why this amendment should be approved r / S S k ble !.c 1Ii tC t lrC /Q/l�tC " S I A 'd S )re's' % l5 CU 1 io P1 _%ie% 4YA4 t ,01, l.oiaYl S �OSt' 'T Lsefifpg klAglelcg duc4 As -T4r 141k, Z wso lIf 5 (16?n f 'ff 4ere ° ' i h;, d Ae r� klmf -Iq 6lii rK( U* y (h( Lt Ae J% C 4 -- 440 l .2a( t4 l& c /U Provide any otbar info anon abort your proposal that would be heipfu r l F " eo — Ud ' t :, w i 5 J/1 JJ� �. Ge' Na ,G7k4S� 111 J $a eu', — " �` ,e Signature of Applicant Aff n 2 F �' Date •T $d ,00 Application Fee Rnciosed #( you the not the owner of the land in question, pleare have the owner s gn Wow. As signature from the owner Is authorizing this application to proceed fo c iderotion by C man Counci /r ' Signature of Owner (if applicable) Date ,told h +% Aoe FM � L t ,l C 'D �9 GARY 10A 6 { IV i t L c� f afF4 s ( � 1 J s r•r e. p >r. L. �..1 -s.ca.L So A i 141T Zino"." -) ha +'P-70 Sg .A LF�.t . ►i y 2>0° I I I I A2Ca . .c 2 Ate^ e5m 1 a RsptiALx -• L c� f afF4 s ( � 1 J s r•r e. p >r. L. �..1 -s.ca.L So A i 141T Zino"." -) ha +'P-70 Sg .A LF�.t . ►i y 2>0° I I I I A2Ca . .c 2 Ate^ e5m SURVEYORS REAL PROPERTY REPORT We , MURDOCH- LINGLEY LIMITED '&of the CITY OF SAINT JOHN in the-. County of Saint John in the Province of NEW BRUNSWICK Do HEREBY CERTIFY: 1. That we are qualified and duly registered NEW BRUNSWICK LAND SURVEYORS. 2. That we have made a survey or inspection of the property located at 233 Westmorland Road having PID 320580 and PID 55081681 described in Deed 10099183 and on planfile 20 No. 50. 3. That the building or buildings constructed on the above described lot are located as shown and any visible detrimental encroachments or easements either on said property or encroachments on adjoining property are as shown on Surveyors Real Property Report. MURDOCH - LINGLEY LIMITER PeFr NEW BRUNSWICK LAND SURVEYOR #228 Dated: November.05, 2002 W PROPOSED ZONING BY -LAW AMENDMENT RE: 233 WESTMORLAND ROAD Public Notice is hereby given Council of The City of Sain consider amending The City of By -law at its regular meeting Council Chamber on Monday, 7:00 p.m., by: that the Common John intends to Saint John Zoning to be held in the July 16, 2007 at Rezoning a parcel of land having an area of approximately 1060 square metres, located at 233 Westmorland Road, also identified as being PID Nos. 320580 and 55081681, from 4/R -2" One and Two Family Residential to 1111-1" Local Business. REASON FOR CHANGE: To permit a business office. 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, Greffier communal 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 233, CHEMIN WESTMORLAND Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'arr6te sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 16 juillet 2007a19h: Rezonage d'une parcelle de terrain d'une superficie d'environ 1 060 metres canes, situee au 233, chemin Westmorland, et portant les NID 320580 et 55081681, de zone r6sidentielle — habitations unifamiliales et bifamiliales «R -2» a zone Commerciale locale a B -1 w RAISON DE LA MODIFICATION: Permettre un bureau d'affaires. Toute personne interestee peut examiner le projet de modification au bureau du greffier communal ou au bureau de Furbanisme et du d6veloppement a 116tel 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 f6ries. Veuillez faire part de vos objections au projet de modification par ecrit a Pattention du soussign6 a Ph6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 233 WESTMORLAND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, July 16, 2007 at 7:00 p.m., by: Rezoning a parcel of land having an area of approximately 1060 square metres, located at 233 Westmorland Road, also identified as being PID Nos. 320580 and 55081681, from "R -2" One and Two Family Residential to "B -1" Local Business. REASON FOR CHANGE: To permit a business office. 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, Greffier communal 658 -2862 PROJET DE MODIFICATION DE L'ARR)r�.TE SUR LE ZONAGE OBJET: 233, CHEMIN WESTMORLAND Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a Parretti sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 16 juillet 2007 a 19 h: Rezonage d'une parcelle de terrain d'une superficie d'environ 1 060 metres carre's, situ6e au 233, chemin Westmorland, et portant les NID 320580 et 55081681, de zone r6sidentielle — habitations unifamiliales et bifamiliales ((R -2» a zone commerciale locale ((B-1 >>. RAISON DE LA MODIFICATION: Permettre un bureau d'affaires. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de l'urbanisme et du developpement a Fhotel de ville situ6 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 f6ries. Veuillez faire part de vos objections au projet de modification par ecrit a Fattention du soussign6 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, June 19, 2007 Tuesday, July 10, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Call to Action: J. Patrick Woods, Common ® Public Notice Telephone: (506) 658 -2862 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: ARRE'T$ No C.P. 110 - ARRtTE MODIFIANT MARKET$ SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lots d'une reunion do conseil communal, The City of Saint John a decr6te ce qui suit : The Zoning By -law of The City of L'arrdte sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, decrete to 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 having an area of approximately 1060 square metres, located at 233 Westmorland Road, also identified as being PID Nos. 320580 and 55081681, from "R -2" One and Two Family Residential to `B -1" Local Business - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/Maire 1 La modification de l'annexe «Aa, Plan de zonage de The City of Saint John, permettant de modifier In designation pour me parcelle de terrain d'une superficie d'environ 1 060 metres carres, situ6e au 233, chemin Westmorland, et portant lea NID 320580 et 55081681, de zone residentielle — habitations unifarniliales et bifamiliales uR -2» 6 zone commerciale locale a B -1 n - routes les modifications sont indiquees sur le plan ci -joint et font pantie du present arr &6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete to 2007, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture July 11, 2007 Your Worship and Councillors: SUBJECT: Proposed Rezoning 233 Westmorland Road On June 18, 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 July 10, 2007 meeting. Pamela McDermott, the applicant, attended the meeting and spoke in favour of the proposal. She indicated that, in her opinion, her proposed office would be compatible with the neighbourhood and would not add a significant amount of traffic on Westmorland Road. No other persons addressed the Committee. However, three letters of objection were received (copies attached). After considering the report, letters and applicant's comments, the Committee decided to adopt the staff recommendation that the proposed rezoning be denied. RECOMMENDATION: That the proposed rezoning be denied. Respectfully submitted, Stephen Horgan Chairman RGP /r Attachments Project No. 07 -218 Planning and Development Urbanisme et developpement www.saintjohnxa DATE: JULY 6, 2007 P.O. Box/C.P. 1971 Saint John, NB/N. -B. Canada E2L 4L1 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JULY 10, 2007 r((C Randall G. Pollock, MCIP Planner SUBJECT: IN�JrI7v Name of Applicant: Pamela J. McDermott (Belton Better Hearing Aid Centre) Name of Owner: Pamela and John McDermott Location: 233 Westmorland Road PID: 320580 and 55081681 Municipal Plan: Low Density Residential Zoning: Existing: "R -2" One and Two Family Residential Proposed: `B -1" Local Business Proposal: To construct a business office Type of Application: Rezoning and Conditional Use (business office) 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. Common Council will consider the Committee's recommendation at a public hearing on Monday, July 16, 2007. Pamela J. McDermott (Beltone Better Hearing Aid Centre) Page 2 233 Westmorland Road July 6, 2007 The Zoning By -law authorizes the Committee to impose terms and conditions upon the establishment and operation of a business office in the `B -1" Local Business zone. STAFF RECOMMENDATION TO COMMITTEE: That the proposed rezoning be denied. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering advises that it has a concern with the proximity of the entrance /exit to the site from Westmorland Road to the Margaret Street intersection and suggests an entrance only from Westmorland Road and an entrance /exit on Margaret Street. Additionally, a water meter would be required for this use. Building and Technical Services has no concerns with the proposal. Saint John Transit advises that it offers extensive service in this area, but at this specific location the service travels along Ellerdale Street and not on Westmorland Road. Saint John Transit does not anticipate changing this service. Saint John Energy has been advised of the proposal. Aliant Telecom has no objection. Maritimes & Northeast Pipeline has no objection. Enbridge Gas N.B. has been advised of the proposal. Fire Department has no objection to the application, provided that all construction and renovations are conducted in accordance with the National Building and Fire Codes. School District 8 has been advised of the proposal. ANALYSIS: Site and Neighbourhood The subject site is located at the intersection of Westmorland Road and Margaret Street in East Saint John, directly across the street from the Fundy Funeral Home. The property is a "double lot' containing an older one - storey dwelling and a large detached garage with driveway off of Pamela J. McDermott (Beltone Better Hearing Aid Centre) Page 3 233 Westmorland Road July 6, 2007 Margaret Street. The site has a lot area of approximately 1060 square metres (11,410 square feet), which is larger than the typical residential lot in the neighbourhood. The surrounding area is primarily a one and two - family residential neighbourhood abutting the southeastern edge of Fernhill Cemetery. The only apparent exceptions in the immediate area are a long- existing non - conforming body shop at the corner of Westmorland Road and Hockey Street, Nelson Monuments (located opposite the end of Floral Street), and the previously- mentioned Fundy Funeral Home. Further to the southwest of the subject site, at the intersection of Westmorland Road and Fern Street, is a business office for "Money Concepts" in a building that was converted from residential use after a 1997 rezoning to `B -1" Local Business. The site itself abuts a residential property at 18 Margaret Street and an undeveloped fire lane or local common, on the other side of which is a residential property at 231 Westmorland Road. Proposal The applicant owns and operates Beltone Better Hearing Aid Centre, which is currently located in leased space at the Westmorland Place shopping centre. She wishes to relocate her business to the subject site, which she owns. The existing buildings on the lot would be demolished and replaced by a modern one - storey office building with a floor area of 151 square metres (1,627 square feet). The proposed development is illustrated on the attached plans. It should be noted that some modifications to the submitted site plan will be necessary in order to conform to the site development standards of the Zoning By -law. The applicant is aware of this and has indicated that, if her proposal is approved, she will make the necessary changes rather than seek the Committee's approval of variances. Essentially, the building, parking area and Westmorland Road driveway would all need to be shifted 1.5 metres (5 feet) closer to the fire lane (resulting in a side yard of approximately 3 metres (10 feet) from the fire lane instead of 4.5 metres (15 feet).) The building would also need to be shifted slightly (i.e. no more than 5 feet) further back from Westmorland Road. Finally, some of the proposed parking spaces would need to be deleted — namely the two spaces closest to Westmorland Road and the three spaces labelled as "staff parking ". There would still be more than enough spaces remaining to meet the minimum off - street parking requirement for the office use. The present "R -2" One and Two Family Residential zoning of the property does not permit the applicant's proposal. Consequently, the applicant has requested that the property be rezoned to "B -1" Local Business, a zone in which a business office is a conditional use. Proposed Rezoning The subject site, as well as the surrounding residential neighbourhood (including the non- conforming body shop two blocks away), is designated Low Density Residential by the Municipal Plan. It is the intent of the Plan that non - compatible uses like the body shop cease to Pamela J. McDermott (Beltone Better Hearing Aid Centre) Page 4 233 Westmorland Road July 6, 2007 exist over the long term. On the other hand, Fernhill Cemetery and associated facilities are recognized by the Plan and designated Open Space. The Fundy Funeral Home development was approved in 1994 on the basis of its relationship to the cemetery. The Municipal Plan does provide for the limited establishment of small -scale commercial uses within the Low Density Residential areas of the City, subject to certain criteria, including approval by Common Council of a rezoning of the property to a business zone category, such as the `B -1" Local Business zone. The issue is whether it is appropriate for the subject property to be rezoned for commercial purposes. In this area of the city, the Municipal Plan has specifically designated the nearby Westmorland/ McAllister Regional Centre (where the applicant's business is currently located), the Loch Lomond/McDonald District Centre, and the Kane's Corner/RussellBayside Service Corridor as the commercial areas for this section of the city. The policies of the Municipal Plan do not envision the extension of commercial uses into the intervening residential neighbourhood, or the development of a commercial corridor along this section of Westmorland Road. At present the neighbourhood appears stable, notwithstanding the increased traffic that has resulted because of the continuing commercial development in the Regional Centre. It is recognized that office uses are generally less disruptive in a residential neighbourhood than many other commercial -type uses. However, the introduction of commercial uses, such as the subject proposal and the previous Money Concepts development (which was not recommended by staff), can tend to undermine the stability of a residential neighbourhood over time and set a possible precedent for additional rezonings of this nature. At the same time, individual rezonings of residential properties that are not contiguous to the existing commercial nodes do not reinforce the utilization of areas already designated and/or developed for commercial use. Given these observations, approval of the proposed rezoning is not supported. Site Development Often the conversion of a residential property to commercial use is also problematic in terms of the difficulty in trying to adapt, for commercial purposes, a property that has originally been developed residentially. Issues with respect to parking layout, driveways and on -site circulation usually arise. In this case, however, it can be noted that the proposal does not present such problems (provided that the previously- discussed alterations to the site plan are made). This is mainly because the larger- than - average size of the lot can accommodate the required parking and because this would be a total redevelopment of the site rather than an attempt to modify the existing residential development. Consequently, there are no significant site development issues. Conditional Use The Committee may impose terms and conditions on the proposed office development if it decides to recommend approval of the rezoning. Should this be the case, it would be preferable Pamela J. McDermott (Belton Better Hearing Aid Centre) Page 5 233 Westmorland Road I July 6, 2007 for the Committee to recommend that the conditions be imposed by Council pursuant to Section 39 of the Community Planning Act, which would be tied directly to the rezoning and registered on title. Conditions with respect to limitation of the commercial use to business offices, Development Officer approval of a detailed site plan, and prohibition of mobile signs would be examples of appropriate conditions. CONCLUSION: The present policies of the Municipal Plan do not propose the development of a commercial strip in this area of the City. Non - residential uses of this nature should be located within the commercial nodes nearby or in some other established commercial area. While the proposal can physically be accommodated on the site, further introduction of commercial uses in this area would tend to undermine the stability of the residential neighbourhood and, at the same time, would not support the areas already zoned or developed for commercial uses. It is recommended that the application not be approved. RGP /r Project No. 07 -218 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT 0 1 B- 2 �a o C i •i� � Subject Site /site en question: I Location: 233, chemin Westmorland Road Date: June 15 juin 2007 Scale /echelle: Not to scale /Pas a Mchelle R M- Sr 2 R MM 2 \ I•1f / R \� PID(s) /NIP(s): 00320580 55081681 X11 rpM aCpr x ii _Q 5TAtit ��.� A!-... .. t L� t i c%i' -vFfc mo 9.i�.iYA' at 1't + -v i ent 4Ax-T.. )CING �rrrm I C= t6-b 4 t4-,Cm mAk" -UT. tl.,i_T_4./ -SrO=A I.. pGG�GE1 OF F1 ce, tc -fox !D -Q to 4s7t t0_m .8 4--� t L. : t`1 sq ARC A ? % tat' i . s4.0 I=C. OT�PIC.E buu�wNC-� Po P s� 4.."r'= NI Mj "U ARV LrR AM Cet4T=mb WBSTMC6R LANQ 1ZaA.D 5A t iv.'r Si314 n3 1� r3. f3, SC ALE �J 219 Westmorland Road, Saint John ,N. B. June 26,2007 Planning Advisory Committee. City of Saint John,P.O. Box1971 E2L 4L1 Re:Proposed rezoning 2333 Westmorland Road Dear Committee: I am certain this is an exercise in futility but I will nonetheless express a citizen's view.I would have no objection to the building proposed for this site were it not for the resulting traffic it will create. I came to this residence in 1949 as a seven year old child. At that time ,Westmorland Road was only paved to the first gate of Fernhill Cemetery. We walked in gravel to Woodlawn school. Later when the road was paved further, the only real traffic was race track nights. Now we have utterly lost our residential status. If I want to turn left from my fire Iane,I could easily wait 10 minutes or more .1 certainly see no Improvement with the much touted "new road ".Anyone coming from west or Millidgevillle would just as likely use Westmorland as Rothesay Ave. It is ironic that when we were Parish of Simonds we were considered the "oArred suburb " of the city but now we are supposedly the "star " of the booming area. Personally,my property ahagalways been devalued by the Dobson Auto Body with paint fumes that at times; drive me from my back yard and a city owned fire lane with an underground stream that runs down and under my home. Another business in this area will only further destroy any peace and quiet the community may still retain. J nitaA. Watson C t� July 6, 2007 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, NB E2L 4L 1 Bill & Ruth Melanson 22 Margaret Street Saint John, NB E2J 2M6 To Whom It May Concern: This letter is in regard to the proposed rezoning of 233 Westmorland Road for Beltone Better Hearing Aid Centre. We are concerned about whether it will increase or possibly decrease our property value. We are also very concerned about the amount of traffic coming and going into Margaret Street off of Westmorland Road. We already have a traffic problem and this may cause it to worsen. Margaret Street has been a very quiet residential area for many years and although we have only been in residence for one year, we enjoy the peacefulness of the area. After speaking to some of our neighbors we agree that we would not be in favor of any changes. Sincerely, �6;1 I , f^ lid k &V-� Bill and Ruth Melanson q. July 51 2007 Planning Advisory Committee City of SaintJohn P.O. Box 1971 Saintlohn N.B. E21. 41.1 DearSir /Madam Re: Proposed Rezoning 233 Westmorland Rd. Please take note that I am opposed to the rezoning of said property. This will result in the devaluing of the surrounding properties, mine included. Also there was no mention of signage which would further devalue the area. Thank you for the opportunity to express my concerns, Donald Creamer i a .v :14 SO ITI � Jay BY -LAW NUMBER C.P. 110 -46 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 178 Bridge Street, having an area of approximately 440 square metres, also identified as PID number 00373910, from "RM -IF" Multiple Residential Infill to "IL- 1" Neighbourhood Institutional 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 ARRETE` No C.P. 110 -46 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lots dune reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix-neuf (19) decembre 2005, est modifie par: 1 La modification de ]'annexe «A », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie approximative de 440 metres carres, situee au 178, rue Bridge, et identifiee sous le NID 00373910, de zone d'edification de logements multiples sur terrain intercalaire • RM -IF » 6 quartier 6 vocation collective • IL-1 a conformement d une resolution adoptee par le conseil municipal en vertu de ]'article 39 de la Loi sur Furbanisme - toutes les modifications sent indiquees sur le plan ci j oint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2007, aver les signatures suivantes : Common Clerk/Greffier communal First Reading - July 3, 2007 Premiere lecture - 3 juillet 2007 Second Reading - July 3, 2007 Deuxieme lecture - 3 juillet 2007 Third Reading - Troisieme lecture - PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT REZONING / REZONAGE Amending Schedule W of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John rue Victc �St. _ - neHfmmon _ Ne, too L o FROM I DE TO / A RM -IF Multiple Residential Infill / Zone IL -1 Neighbourhood Institutional d'edifices a logements multiples . / Zone de quartier a vocation sur terrain intercalaire. collectif. Pursuant to a Resolution under Section 39 of the Community Planning Act * Conform&ment a une resolution adoptee par le Conseil municipal en vertu de I'article 39 de la Loi surPurbanisme Applicant: Adams Special Care Homes Inc. Location: 178 Bridge Street PID(s) /NIP(s) 00373910 06N -78SE Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: July 4 juillet, 2007 Considered by P.A.C. /consider& par le C.C.U.: June 26 juin, 2007 Enacted by Council /Approuv& par le Conseil: Filed in Registry Office/Enregistre le: SECTION 39 CONDITIONS - 178 BRIDGE STREET That pursuant to the provisions of Section 39 of the Community Planning Act, the proposed rezoning of 178 Bridge Street be subject to the condition that the use of the property is limited to a group care facility providing care for not more than nine (9) clients and, that further upon rezoning of the property, the land, building and structure thereon must be developed and used in conformity with the proposal and conditions identified herein. BY -LAW NUMBER C.P. 105 -10 A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW Be it enacted by The City of Saint John in Common Council convened, as follows: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2 -A, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID No. 55175558 and portions of PID Nos. 55027163, 55161384 and 55178909, from Low Density Residential and Open Space to Business Park classification - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/Maire ARRETE N° C.P. 105 -10 ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Lors d'une reunion du conseil communal, The City of Saint John a ediete cc qui suit : L'arr@te relatif an plan municipal de The City of Saint John decrete' le 3 janvier 2006 est modifie par : 1 la modification de 1'annexe 2 -A, relative au plan d'utilisation future des terres, afin de faire passer la designation d'une parcelle de terrain dune superficie approximative de 1,3 hectares, situee an 71, chemin Drury Cove, et portant le NID 55175558 et aussi etant une partie des NID 55027163, 55161384 et 55178909, de zone residentielle de faible densite et zone des espaces verts a zone de pare commercial; - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2007, avec les signatures suivantes: Common Clerk/Greffier communal First Reading - July 3, 2007 Premiere lecture - 3 juillet 2007 Second Reading - July 3, 2007 Deuxieme lecture - 3 juillet 2007 Third Reading - Troisieme lecture - PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT MUNICIPAL DEVELOPMENT PLAN / PLAN D'AMENAGEMENT Amending Schedule 2 -A Modifiant annex 2 -A � s V f Y r d i � ♦ u *s e� 0 a' FROM / DE TO / A Low Density Residential Business Park residentielle de densite faible parc commercial Open Space . Business Park espace van parc commercial Applicant: Drury Cove Developments Inc. Location: 71 Drury Cove Road PID(s) /NIP(s) 55175558 and portions of /et parties de 55027163, 55161384, and /et 55178909 07P -03SW Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: July 6 juillet, 2007 Recommended by P.A.C. /Recommande par le C.C.U.: June 26 juin, 2007 Enacted by Council /Approuve par le Conseil: Approved by Minister /Approuve par le Ministre: Filed in Registry Office /Enregistre le: BY -LAW NUMBER C.P. 110 -47 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID No. 55175558 and portions of PID Nos. 55027163, 55161384 and 55178909, from `B -2" General Business and "TH" Townhouse to `BP" Business Park 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 ARRETE No C.P. 110 -47 ARRETE MODIFIANT VARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : Uarrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de 1'annexe uA », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain situee an 71, chemin Drury Cove, et portant le NID 55175558 et aussi etant une partie des NID 55027163, 55161384 et 55178909, de zone Commerciale generate « B -2 n et zone de maisons en rangee a TH » a zone de pare commercial e BP » conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur Furbanisme - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2007, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - July 3, 2007 Premiere lecture - 3 juillet 2007 Second Reading - July 3, 2007 Deuxieme lecture - 3 juillet 2007 Third Reading - Troisieme lecture - PLANNING AND DEVELOPMENT/ URBANISME ET DEVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John r rx e • r eee� M O e e.. 1e a ee t� FROM / DE TO / A 13-2 General Business/ Zone BP Business Park / Zone de commercial gen6rale. parc commercial. TH Townhouse/ Zone de . BP Business Park / Zone de maisons en rangee. parc commercial. Pursuant to a Resolution under Section 39 of the Community Planning Act Conform6ment s une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi surl'wbanisme Applicant: Drury Cove Developments Inc. Location: 71 Drury Cove Road PID(s) /NIP(s) 55175558 and portions of let parties de 55027163, 55161384, and /et 55178909 07P -03SW Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: July 4 juillet, 2007 Considered by P.A.C. /considers par le C.C.U.: June 26 jinn, 2007 Enacted by Council /Approuve par le Conseil: Filed in Registry Office/Enregistre le: SECTION 39 CONDITIONS - 71 DRURY COVE ROAD That, pursuant to the provisions of Section 39 of the Community Planning Act, the development of a parcel of land with an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID number 55175558 and portions of PID numbers 55027163, 55161384 and 55178909, for business park uses be subject to the following conditions: a) The use of the rezoned area is restricted to office uses and /or assembly of heating products. b) The site must not be developed except in accordance with detailed site plan and building elevation plans generally in accordance with the submitted proposal, to be prepared by the proponent of the development and subject to the approval of the Development Officer, showing the location and dimensions of all buildings and structures, freestanding signs, paved parking, concrete curbing, landscaping of all disturbed areas not occupied by buildings, structures and parking areas, exterior lighting, underground utilities and exterior building materials, and the approved plans must be attached to the application for building permit for the development of the site. c) All site improvements shown on the approved plans mentioned in condition (b) must be completed within one year of approval of the building permit for the development of the site. d) The provisions of the Section 39 agreement between the City of Saint John and Drury Cove Developments Inc., dated December 24, 2002, with respect to the payment of a $2,500. lot levy, shall apply to the rezoned area, where 5,000 square feet will be considered equivalent to a lot and therefore subject to the $2,500. payment requirement, as well as any credits provided for in the said agreement. e) The $2,500. per 5,000 square feet payment mentioned in condition (d) shall be in the form of a certified cheque delivered to the Development Officer at the time of submission of the application for building permit for any building on the site. OPEN SESSION M & C 2007 216 July 5, 2007 His Worship Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT Unsightly Premises and Hazardous Buildings and Structures BACKGROUND As Council is aware, the Province of New Brunswick recently introduced changes to the Municipalities Act relating to unsightly premises, hazardous buildings and structures and minimum property standards. On March 29, 2007, the Lieutenant Governor, pursuant to Order in Council 2007- 110, declared that An Act to Amend the Municipalities Act, Chapter 4 of the Acts of New Brunswick, 2006, was to come into force April 2, 2007 (the Proclamation appeared in the April 11, 2007, issue of The Royal Gazette). The Act contains amendments that are relevant to how the City proceeds with respect to buildings and structures that are hazardous and/or unsightly, and dwellings and dwelling units that do not meet minimum property standards. Changes respecting the Dangerous or Unsightly Premises By -law and the Minimum Property Standards By -law are necessary. This report deals with that portion of the changes respecting unsightly premises and hazardous buildings and structures. A subsequent report dealing with minimum property standards and changes to the municipal by -law will follow in due course. M & C 2007 - 216 - 2 - July 5, 2007 Present Dangerous and Unsightly Premises By -Law Present Procedure The City's present Dangerous Or Unsightly Premises By -law was enacted on May 20, 2003, pursuant to the authority of section 190 of the Municipalities Act (Chapter M -22). The by -law states: 1. The Common Council hereby declares that Sections 190.01 to 190.07 of the Municipalities Act being Chapter M -22 of the Revised Statutes of New Brunswick 1973 and amendments thereto shall apply to the entire area comprising The City of Saint John. 2. A By Law of The City of Saint John made and ordained on the 24th day of September 1979 entitled A By Law Respecting Dangerous or Unsightly Premises Within The City of Saint John is hereby repealed. Sections 190.01 to 190.07 of the Municipalities Act, among other things, set out the procedure to follow when dealing with dangerous or unsightly properties. Persons were prohibited from permitting their premises to be unsightly. Owners and occupiers of buildings or structures were prohibited from allowing their buildings or structures to be a hazard to the public by reason of dilapidation or unsoundness of structural strength. If an unsightly or hazardous condition existed, an officer appointed by council could serve a notice on the owner or occupier, requiring that the condition be corrected. As a matter of natural justice and procedural fairness, the City provided the person who was notified an opportunity to appear before Common Council to show cause, if any, as to why the land or building should not be found to be unsightly or hazardous. The City could, in the event of an unsightly or hazardous condition fmding, and if the owner did not obey a notice to remedy the condition, proceed at the owner's expense to demolish a building and clean up the property. There was no guarantee that the City would ever collect the money that it spent on the demolition and clean up. Amendments Regarding Dangerous and /or Unsightly Premises New Procedures The amended section 190 of the Municipalities Act requires that a by -law enacted pursuant to its authority must declare that sections 190.001 to 190.07 shall apply within the municipality. This makes it necessary to amend the Dangerous and/or Unsightly Premises By -law. Persons are still prohibited from permitting their premises to be unsightly. Owners and occupiers of buildings or structures are still prohibited from allowing their buildings or structures to be a hazard to the public by reason of dilapidation or unsoundness of structural strength, and it is now an offence to have a hazardous building or structure. Charges may be laid for having a hazardous building or M & C 2007 - 216 - 3 - July 5, 2007 structure and, upon conviction, significant fines may be imposed. For example, a landlord who fails to comply with a notice may receive a minimum fine of $1,000 and, depending upon the circumstances, a daily fine of $240 if the offence continues. An officer appointed by a council may, in the event that an unsightly and/or hazardous condition exists, issue a compliance notice to the owner or occupier to remedy the condition. A failure to obey a compliance notice is also an offence. In the event that a compliance notice is not obeyed within the time specified, the City may lay a charge in the Provincial Court or it may proceed to do the work at the owner's expense or it may do both. In the event of a conviction, fines similar to those mentioned above may be imposed. Under the new legislation the City is more likely to recover payment of any demolition or clean up costs from either the owner or the Province. Under the new legislation, a person who is served with a compliance notice has a right to appeal to a committee of council. The committee may, after holding a hearing, confirm, modify, or rescind the notice or extend the time for compliance. Council may confer the appeal authority either upon an existing committee of council (such as the Planning Advisory Committee) or upon a newly created committee. Under the new legislation, a council may in its by -law allow an offender to avoid prosecution by making a voluntary payment of an amount that is set out in the by- law and is less than the minimum fines. It is necessary for council to determine whether or not it wishes to provide in the by -law for voluntary payments and the amount of such payments. Staff are not recommending that voluntary payments be included in the by -law at this time. Under the new legislation, a municipality may, at the expense of the owner or occupier, act immediately to terminate a danger in the event that there is nonconformity with a by -law to such an extent as to pose an emergency. The word "emergency" is defined as "includes a situation where there is imminent danger to public safety or of serious harm to premises or to a building or structure ". The municipality and persons acting on its behalf are not liable to compensate the owner or occupier provided that the actions taken are reasonable. The municipality may also clean up an unsightly property or demolish a building or structure if the owner does not comply with an appropriate notice. Under the new legislation, it is an offence to refuse entry to or obstruct or interfere with an officer who wishes to enter upon a property to remedy unsightly and/or hazardous and/or emergency conditions. It is also an offence, where a warrant is obtained, to refuse entry. Substantial fines may be imposed for violations. M & C 2007 - 216 - 4 - July 5, 2007 Under the new legislation, by -law enforcement officers who have been appointed under section 14 of the Police Act and designated by resolution, may serve "tickets" with respect to unsightly and/or hazardous properties. Persons who have been served with a "ticket" are entitled to a trial in the Provincial Court should they contest the validity of the ticket. Tickets for prescribed offences, among other things, advise a defendant as to the alleged offence, that he is to appear in court at a specified time, that he may avoid going to court by paying a fixed penalty, and that he may be convicted if he does not pay the "fixed penalty" or appear in court. Paying the fixed penalty does not relieve the owner from carrying out the specified work. According to section 14(5) of the Provincial Offences Procedure Act, the fixed penalty shall be the sum of "(a) the minimum fine set for the offence charged, (b) any other additional fine or money penalty required to be imposed under an Act, and (c) the surcharge under the Victims Services Act, if any is payable ". It will be necessary to appoint and designate those City employees who may issue and serve tickets. Service New Brunswick is the agency responsible for the production, distribution and tracking of all POPA tickets. Service New Brunswick have advised us that it will be some time in the Fall before these POPA tickets are available to municipalities for the above purpose. The current POPA tickets are structured around motor vehicle offences and therefore have to be modified in order that the municipalities may include pertinent property information. It would be in order to repeal the existing Dangerous or Unsightly Premises By- law and replace it with the following by -law if Common Council wishes, with respect to unsightly and/or hazardous premises and buildings and structures, to take advantage of the recent amendments to the Municipalities Act. Future amendments may be made if Common Council wishes the by -law to allow for voluntary payments in lieu of prosecution. A By Law Respecting Unsightly Premises and Hazardous Buildings and Structures Within The City of Saint John 1. This by -law may be cited as the Saint John Unsightly Premises and Dangerous Buildings By -Law. 2. The Common Council hereby declares that Sections 190.001 to 190.07 of the Municipalities Act, being Chapter M -22 of the Revised Statutes of New Brunswick 1973 and amendments thereto, shall apply to the entire area comprising The City of Saint John. 3. A By Law of The City of Saint John made and ordained on May 20, 2003, entitled A By Law Respecting Dangerous or Unsightly Premises Within The City of Saint John is hereby repealed. The following resolution is also in order. M & C 2007 - 216 - 5 - July 5, 2007 "William Edwards and Amy Poffenroth and David Crawford are hereby appointed and authorized, on behalf of The City of Saint John: to issue any notices and demands referred to in sections 190.001 to 190.07 of the Municipalities Act, and to apply to the Provincial Court for any entry warrants that may be necessary, and to enter upon any property for the purpose of administering or enforcing the City's Unsightly Premises and Hazardous Buildings and Structures By -law, and the City's Minimum Property Standards By- law, and to enter upon any property to terminate any danger from a nonconformity with the by -law that poses an emergency, and, when there has been a failure to comply with a compliance notice which has been deemed to be confirmed or has been confirmed or modified by the committee of council or a Judge of the Court of Queen's Bench, to enter upon the property to cause an unsightly premises to be cleaned up or repaired or to demolish a hazardous building, and to issue tickets and lay charges in the Provincial Court with respect to alleged violations of the unsightly premises and hazardous buildings and structures by -law. " Resolutions will be submitted in the future with respect to City inspectors who will be enforcing the by -law. As previously stated, the amendments to the Municipalities Act will also affect how the City deals with dwellings and dwelling units that do not meet minimum property standards. Members of the Buildings and Inspection Services department and the Legal department are reviewing the City's Minimum Property Standards By -law and will be reporting to Common Council with respect to any changes to that by -law that may be needed. RECOMMENDATION Your City Manager recommends that Council adopt the following: A By Law Respecting Unsightly Premises and Hazardous Buildings and Structures Within The City of Saint John 1. This by -law may be cited as the Saint John Unsightly Premises and Dangerous Buildings By -Law. 2. The Common Council hereby declares that Sections 190.001 to 190.07 of the Municipalities Act, being Chapter M -22 of the Revised Statutes of New Brunswick 1973 and amendments thereto, shall apply to the entire area comprising The City of Saint John. 3. A By Law of The City of Saint John made and ordained on May 20, 2003, entitled A By Law Respecting Dangerous or Unsightly Premises Within The City of Saint John is hereby repealed. M & C 2007 - 216 - 6 - July 5, 2007 and "William Edwards and Amy Poffenroth and David Crawford are hereby appointed and authorized, on behalf of The City of Saint John: to issue any notices and demands referred to in sections 190.001 to 190.07 of the Municipalities Act, and to apply to the Provincial Court for any entry warrants that may be necessary, and to enter upon any property for the purpose of administering or enforcing the City's unsightly premises and hazardous buildings and structures by -law, and the City's minimum property standards by -law, and to enter upon any property to terminate any danger from a nonconformity with the by -law that poses an emergency, and, when there has been a failure to comply with a compliance notice which has been deemed to be confirmed or has been confirmed or modified by the committee of council or a Judge of the Court of Queen's Bench, to enter upon the property to cause an unsightly premises to be cleaned up or repaired or to demolish a hazardous building, and to issue tickets and lay charges in the Provincial Court with respect to alleged violations of the unsightly premises and hazardous buildings and structures by -law. " and Council, before giving third reading of this by -law, confer upon either an existing committee of council or a newly created committee of council the authority to hear appeals with respect to hazardous buildings and structures and unsightly premises. Respectfully submitted, Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager Municipalities Act (b) become a party to any contract or agreement within its powers, (b.1) subject to the regulations, charge interest, at the rate determined by resolution ofthe council, on any debt owing to it, (c)rece ive by donation and otherwise acquire, hold, dispose of and convey any property, real or personal, for any purpose within its powers, and (d) take security in any form for a debt owing to it. 4(3) A municipality may provide for, create, alter and abolish committees, departments, bureaus, divisions, boards, commissions, officials and agencies of the munic- ipality and delegate administrative powers and duties to them. 4(4) When a person defaults in doing any thing he has been lawfully ordered or directed by the council to do, the council may cause such thing to be done and recover the expense thereof, with costs, together with any damages arising from the default, in an action against such person. 1966, c.20, s.4; 1984, c.9, s. I. 5(1) A municipality shall have a corporate seal that the council may alter or change at pleasure. 5(2) Except as provided by regulation, no agreement, contract, deed or other document made or issued after Jan- uary 1, 1967 to which a municipality is a party has any force or effect unless it is (a) sealed with the corporate seal of the municipality, and (b) signed by the mayor and the clerk. 1966, c.20, s.5. 6 The Corporations Act does not apply to a municipality or a rural community. 1966, c.20, s.6; 1999, c.28, s.17; 2005, c.7, s.49. 6.1(1) A municipality shall not be liable in an action in nuisance, where the damage is the result of 13 Chap. M -22 b) titre partie a un contrat on 6 un accord dans les li- miter de ses attributions, b.1) sous reserve des r6glements, faire payer des in- t6rets an taux fixd par resolution du conseil sur toute Somme qui lui est due, c) recevoir par donation et, de toute autre mani&e, acqu6rir, posseder, alidner et transf6rer tout bien, rdel on personnel pour quelque objet que ce soit dans les limites de ses attributions, et d) prendre tout genre de smete en garantie d'une crdance. 4(3) Une municipalitd pent prdvoir, cr6er, modifier on supprimer des comit6s, services, bureaux, subdivisions, fonctionnaires et organismes municipaux et lent d6ldguer des pouvoirs et fonctions d'ordre administratif. 4(4) Lorsqu'une personne n6glige d'accomplir un acte que le conseil lui a 16galement ordonn6 on enjoint d'ac- complir, le conseil pent faire assurer l'ex6cution de cet acte et recouvrer les fais auxquels donne lieu cette execution, ainsi que les dommages- int6rets attribuables a cette n6gli- gence, par une action contre cette personne. 1966, c.20, art.4; 1984, c.9, art.l. 5(1) Une municipalitd doit posseder un sceau corporatif que le conseil pent modifier ou remplacer a sa discretion. 5(2) Sauf lorsque to r6glement le pr6voit, les conven- tions, contrats, actes on autres documents faits on dtablis apr8s le ler janvier 1967 et auxquels une municipalitd est partie, n'ont de validit6 on d'effets que s'ils a) portent le sceau corporatif de la municipalitd, et b) sont revetus de la signature du maire et du secre- taire. 1966, c.20, art.5. 6 La Loi sur les corporations ne s'applique pas aux mu- nicipalitds on aux communautes rurales. 1966, c.20, art.6; 1999, c.28, art. 17; 2005, c.7, art.49. 6.1(1) Une municipalitd ne pent etre tenue responsable d'une action en nuisance, lorsque les dommages r6sultent Municipalities Act 189(18) For the purposes of this section, a corporation created or continued under section 15.2 of the Clean En- vironment Act shall be deemed to be a municipality. 189(19) A municipality that sells gas or provides cus- tomer services as defined in the Gas Distribution Act, 1999 is not required to base the price of gas and customer ser- vices on cost unless the New Brunswick Energy and Utilities Board requires it to do so on the grounds that market forces do not adequately protect customers. 189(20) This section applies with the necessary modi- fications to a rural community. 1966, c.20, s.188; 1967, c.56, s.25; 1968, c.41, s.42; 1970, c.37, s.9; 1973, c.60, s.11; 1975, c.40, s.6; 1977, c.35, s.13; 1981, 0.52, s.15; 1982, c.3, s.50; 1982, c.43, s.9; 1983, c.56, s.13; 1985, c.61, s.2; 1996, c.45, s.3; 1999, c.G -2.11, s.103; 2000, c.26, s.206; 2001, c.15, s.7; 2003, c.27, s.58; 2004, c.2, s.14; 2005, c.7, s.49; 2006, c.E -9.18, s.100. DANGEROUS OR UNSIGHTLY PREMISES 2003, c.27, s.59. 190 A municipality may by by -law provide that sections 190.001 to 190.07 apply to such areas of the municipality as the by -law prescribes. 1968, c.41, s.43; 1975, c.40, s.7; 1979, c.47, s.13; 1981, c.52, s.16; 1987, c.6, s.68; 1990, c.61, s.89; 2003, c.27, s.60; 2006, c.4, s.5. 190.001(1) In sections 190.01 to 190.07 "dwelling" means a building any part of which is used or is intended to be used for the purposes of human habi- tation, whether or not the building is in such state of disrepair so as to be unfit for such purpose; "dwelling unit" means one or more rooms located within a dwelling and used or intended to be used for hu- man habitation by one or more persons. 190.001(2) In subsection 190.01(3) and sections 190.025 190.0215 190.04, 190.041 and 190.05 "owner" includes the person for the time being manag- ing or receiving the rent for premises or a building or structure, whether on the person's own account or as agent IClII Chap. M -22 189(18) Aux fins d'application du present article, one corporation creee ou continuee en application de Parti- cle 15.2 de la Loi sur Passainissement de Penvironne- ment est reputee titre un municipalite 189(19) La municipalite qui vend du gaz ou offre des services a la clientele an Sens de la Loi de 1999 sur la distribution du gaz nest pas tenue de baser le prix du gaz et des services a la clientele sur le cofit, a moins que la Commission de l'energie et des services publics ne l'oblige a le faire pour le motif que les forces du marche ne proftent pas suffisamment les clients. 189(20) Le present article s'applique avec les adapta- tions necessaires a one communaut6 rurale. 1966, c.20, art. 188; 1967, c.56, art.25; 1968, c.41, art.42; 1970, c.37, art.9; 1973, c.60, art.11; 1975, c.40, art.6; 1977, c.35, art.13; 1981, c.52, art.15; 1982, c.3, art.50; 1982, c.43, art.9; 1983, c,56, art.13; 1985, c.61, art.2; 1996, c.45, art.3; 1999, c.G -2.11, art.103; 2000, c.26, art.206; 2001, c.15, art.7; 2003, c.27, art.58; 2004, c.2, art. 14; 2005, c.7, art.49; 2006, c.E -9.18, art. 100. LIEUX DANGEREUX OU INESTHETIQUES 2003, c.27, art.59. 190 Une municipalite peat, par arrete, disposer que les articles 190.001 a 190.07 s'appliquent aux secteurs de la municipalite que determine Parretti. 1968, c.41, art.43; 1975, c.40, art.7; 1979, c.47, art.13; 1981, c.52, art.16; 1987, c.6, art.68; 1990, c.61, art.89; 2003, c.27, art.60; 2006, c.4, art.5. 190.001(1) Aux articles 190.01 a 190.07 habitation » designe on batiment dent one partie sert on est destine a loger des personnes, que cc batiment soit ou non dans un etat de delabrement qui le rende inhabita- ble; « logement » designe une on plusieurs pieces situees dans one habitation et servant on destines a loger one on plusieurs personnel. 190.001(2) An paragraphe 190.01(3) et aux articles 190.02, 190.021, 190.04, 190.041 et 190.05 t proprietaire v s'entend notamment de la personne qui, pour le moment, ge're des lieux, un batiment on une cons- truction on qui en pergoit le loyer pour son compte on a titre de mandataire on de fiduciaire d'une autre personne Chap. M -22 Loi sur les municipalites or trustee of any other person, or who would receive the rent if the premises, building or structure were let. 2006, c.4, s.6 190.01(1) No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of such premises (a) any ashes, junk, rubbish or refuse, (b) an accumulation of wood shavings, paper, saw- dust or other residue of production or construction, (c) a derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or machinery, or (d) a dilapidated building. 190.01(2) No person shall permit a building or structure owned or occupied by him or her to become a hazard to the safety of the public by reason of dilapidation or un- soundness of structural strength. 190.01(2.1) A person who violates or fails to comply with subsection (2) commits an offence that is, subject to subsections (2.2) and (2.3), punishable under Part I1 of the Provincial Offences Procedure Act as a category F of- fence. 190.01(2.2) Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a dwelling or dwelling unit to another per- son commits an offence under subsection (2.1) in relation to the dwelling or dwelling unit, the minimum fine that may be imposed by ajudge under that Act in respect of the offence shall be one thousand dollars. 190.01(2.3) Where an offence under subsection (2.1) continues for more than one day, (a) if the offence was committed in relation to a dwelling or dwelling unit by a person who is leasing the dwelling or dwelling unit to another person, (i) the minimum fine that may be imposed is the sum of ou qui en percevrait le toyer si les lieux, le batiment on la construction dtaient loads. 2006, c.4, art.6. 190.01(1) Nul ne doit toldrer que soient inesthdtiques des lieux qu'il poss6de ou qu'il occupe en permettant la pr6sence en un endroit quelconque de ces lieux, a) de cendres, de ferraille, de d6tritus on de d6chets, b) d'une accumulation de frisures de bois, de papier, de sciure on d'autre r6sidu de fabrication on de cons- truction, c) d'une 6pave d'automobile, de 1'6quipement on des machines ou de la carrosserie on toutes pies d'auto- mobiles, d'6quipements on de machines, on d) d'un batiment d6labrd. 190.01(2) Nul ne doit tol6rer qu'un batiment on une construction qu'il poss6de on occupe deviennent dange- reux pour la sdcuritd du public du fait de leur ddlabrement ou de leur manque de soliditd. 190.01(2.1) Quiconque contrevient on omet de se con- former an paragraphe (2) commet une infraction qui est, sous r6serve des paragraphes (2.2) et (2.3), punishable en vertu de la Partie II de la Loi sur la procedure applicable aux infractions provinciales d titre d'in£raction de la classe F. 190.01(2.2) Nonobstant le paragraphe 56(6) de la Loi sur la procedure applicable aux infractions provinciales, lorsqu'une personne qui lone one habitation on un loge- ment a une autre personne commet Pinfraction prdvue an paragraphe (2.1) relativement a Phabitation on an loge- ment, l'amende minimale qui peat @tre imposde par un juge en vertu de cette loi relativement a ]'infraction est de 1000$. IU 190.01(2.3) Lorsqu'une infraction prdvue an paragra- phe (2.1) se poursuit pendant plus d'une journ6e, a) dans le cas ou ]'infraction a dt6 commise relative - ment a une habitation on a un logement par une per - sonne qui lone Phabitation on le logement a une autre personne, (i) 1'amende minimale qui peut @tre imposde est la somme des momants suivants : Municipalities Act (A) one thousand dollars, and (B) the minimum fine set by the Provincial Of- fences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Pro - cedure Act for a category F offence multiplied by the number of days during which the offence continues, and (b) in any other case, (i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Proce- dure Act for a category F offence multiplied by the number of days during which the offence continues, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Pro- cedure Act for a category F offence multiplied by the number of days during which the offence continues. 190.01(3) Where a condition mentioned in subsec- tion (1) or (2) exists, an officer appointed by council may notify the owner or occupier of the premises, building or structure by notice in the form prescribed by regulation which shall (a) be in writing, (b) be signed by the officer, (c) s tate that the condition referred to in subsec- tion (1) or (2) exists, (d) state what must be done to correct the condition, (e) s tate the date before which the condition must be corrected, and (e.1) if an appeal may be brought under subsection 190.021(1), state the final date for giving notice of the appeal. Kul Chap. M -22 (A) 1 000 $; et (B) Famende minimale prdvue par la Loi sur la procedure applicable aux infractions provin- ciales pour une infraction de la classe F multiplide par le nombre dejours pendant lesquels l'infrac- tion se poursuit apres la premiere journde; et (ii) Pamende maximale qui peat titre imposde est l'amende maximale prdvue par la Loi sur la proce- dure applicable aux infractions provinciales pour une infraction de la classe F multiplide par le nombre dejours pendant lesquels l'infraction se poursuit; et b) dans tout autre cas, (i) 1'amende minimale qui pent etre imposde est Famende minimale prdvue par la Loi sur la proce- dure applicable aux infractions provinciales pour une infraction de la classe F multiplide par le nombre dejours pendant lesquels l'infraction se poursuit, et (ii) Famende maximale qui peut titre imposde est Pamende maximale prdvue par la Loi sur la proce- dure applicable aux infractions provinciales pour une infraction de la classe F multiplide par le nombre de jours pendant lesquels Finfraction se poursuit. 190.01(3) Lorsqu'une situation mentionnde an paragra- phe (1) on (2) existe, on fonctionnaire nommd par un conseil pent aviser le propridtaire on l'occupant des lieux, du batiment on de la construction par avis selon la formule prescrite par reglement et qui doit a) titre dcrit, b) titre signe par le fonctionnaire, c) dtablir 1'existence de la situation indiqude an pa- ragraphe (1) on (2), d) spdcifier cc qu'il faut faire pour remddier a cette situation, e) specifier le ddlai accorde pour remddier a cette si- tuation, et e.1) spdcifier le ddlai imparti pour dormer on avis d'appel si un appel peat titre interjetd en vertu du para- graphe 190.021(1). Chap. M -22 69 Repealed: 2006, c.4, s.7. 2003, c.27, s.61; 2006, c.4, s.7. Loi sur les municipalites 190.011 A notice referred to in subsection 190.01(3) shall be given (a) if the person to be notified is an individual, by personal delivery on the individual or by posting the notice in a conspicuous place on the premises, building or structure, or (b) if the person to be notified is a corporation, by personal delivery on an officer, director or agent of the corporation or on a manager or person who appears to be in control of any office or other place of business where the corporation carries on business in New Brunswick or by posting the notice in a conspicuous place on the premises, building or structure. 2006, c.4, s.8. 190.02(1) Proof of the giving of notice in either manner provided for in section 190.011 may be by a certificate or an affidavit purporting to be signed by the officer referred to in subsection 190.01(3), naming the person to whom notice was given and specifying the time, place and man- ner in which notice was given. 190.02(2) A document purporting to be a certificate un- der subsection (1) shall be (a) admissible in evidence without proof of signature, and (b) conclusive proof that the person named in the cer- tificate received notice of the matters referred to in the certificate. 190.02(3) In any prosecution for a violation of a by- law under section 190 where proof of the giving of notice is made as prescribed under subsection (1), the burden of proving that one is not the person named in the certificate or affidavit shall be upon the person charged. 190.02(4) A notice given under section 190.011 and purporting to be signed by an officer appointed by council shall be (a) received in evidence by any court in the Province without proof of the signature, 150 J) Repealed : 2006, c.4, art.7. 2003, c.27, art.61; 2006, c.4, art.7. 190.011 L'avis vise an paragraphe 190.01(3) doit titre notifie a) si le destinataire est un particulier, par remise en main propre au destinataire on par son affichage sur les lieux, le batiment on la construction en un endroit vi- sible, ou b) si le destinataire est une corporation, par remise en main propre a tout dirigeant, Atout administrateur, A tout representant de la corporation on a tout gerant ou a toute personne qui parait "titre responsable d'un bureau on au- tre etablissement de la corporation an Nouveau - Brunswick ou par son affichage sur les lieux, le batiment on la construction en un endroit visible. 2006, c.4, art.8. 190.02(1) La preuve de la notification d'un avis par l'une des fapons prevues A Particle 190.011 pent titre faite an moyen d'un certificat on d'un affidavit presente comme etant sign par le fonctionnaire vise an paragra- phe 190.01(3), et indiquant le nom de Pinteresse, ainsi que Pheure, la date, le lieu et le mode de notification. 190.02(2) Un document presente comme dtant un certi- ficat en vertu du paragraphe (1) doit a) &re admissible en preuve sans qu'il soit necessaire de prouver I'authenticite de la signature, et b) constimer une preuve concluante que la personne designee dans le certificat a regu notification des faits qui y sent mentionnes. 190.02(3) Dans toute poursuite pour une infraction A un arrete en vertu de Particle 190, lorsque la preuve de la no- tification de 1'avis est faite conformement an paragra- phe (1), it incombe A la personne accusee de prouver qu'elle nest pas la personne nominee dans le certificat on l'affidavit. 190.02(4) Un avis notifie en application de Iarticle 190.011 et presente comme etant sign par on fonction- naire nomme par un conseil a) doit titre admis comme preuve devant tout tribunal de la province sans qu'il soit necessaire de prouver 1'authenticite de la signature, Municipalities Act (b) proof in the absence of evidence to the contrary of the facts stated in the notice, and (c)in a pr osecution for a violation of a by -law under section 190, proof in the absence of evidence to the contrary that the person named in the notice is the owner or occupier of the premises, building or structure in re- spect of which the notice was given. 2003, c.27, s.61; 2006, c.4, s.9. 190.021(1) An owner or occupier of premises or a build- ing or structure who has been given a notice under section 190.011, other than a notice prepared under subsection 190.041(2), and who is not satisfied with the terms or con- ditions set out in the notice may appeal to the appropriate committee of council by sending a notice of appeal by registered mail to the clerk of the municipality within fourteen days after having been given the notice. 190.021(2) A notice that is not appealed within the time referred to in subsection (1) shall be deemed to be con- firmed. 190.021(3) On an appeal, the committee of council shall hold a hearing into the matter at which the owner or oc- cupier bringing the appeal has a right to be heard and may be represented by counsel. 190.021(4) On an appeal, the committee of council may confirm, modify or rescind the notice or extend the time for complying with the notice. 190.021(5) The committee of council shall provide a copy of its decision to the owner or occupier of the prem- ises, building or structure who brought the appeal within fourteen days after making its decision. 190.021(6) The owner or occupier provided with a copy of a decision under subsection (5) may appeal the decision to a judge of The Court of Queen's Bench of New Bruns- wick within fourteen days after the copy of the decision was provided to the owner or occupier on the grounds that (a) the procedure required to be followed by this Act was not followed, or Chap. M -22 b) doit faire foi, en ('absence d'une preuve contraire, des faits qui y sent enonces, et c) dans tome poursuite pour une infraction a un arret6 pris en vertu de Particle 190, doit faire foi, en ('absence d'une preuve contraire, que la personne qui y est nom - mee est le propri6taire on ]'occupant des lieux, du batiment ou de la construction pour lesquels la notifi- cation a ete effectu6e. 2003, c.27, art.61; 2006, c.4, art.9. 190.021(1) Le propridtaire on ]'occupant des lieux, du batiment on de la construction a qui un avis a 6t6 notifid aux termes de Particle 190.011, a ]'exception d'un avis qui a 6t6 prepare aux termes du paragraphe 190.041(2), et qui n'accepte pas les modalites ou les conditions qui y sent enonc6es peut interjeter appel devant le comite du conseil approprie en envoyant un avis d'appel par courrier recom- mande au secretaire de In municipality dans lea quatorze jours qui suivent la notification de Pavis. 190.021(2) L'avis dent it West pas imerjete appel dans le delai imparti au paragraphe (1) est repute confirme. 190.021(3) Lots d'un appel, le comite du conseil doit tenir, sur le point en litige, une audience au cours de la- quelle le propri6taire on l'occupant qui interjette appel a le droit d'etre entendu et pent se faire representer par un avocat. 190.021(4) Lots d'un appel, le comite du conseil peut confirmer, modifier ou annuler Pavis ou proroger le delai pour s'y conformer. 190.021(5) Le comite du conseil doit f nimir une copie de sa decision an propri6taire ou a ]'occupant des lieux, du batiment on de la construction qui lui a interjet6 appel dans les quatorze jours suivant la date a laquelle it a rendu sa decision. 190.021(6) Lepropri6taireoul 'occupantaquiunecopie d'une decision a 6te fournie aux termes du paragra- phe (5) peut, dans les quatorze jours qui suivent, interjeter appel de la decision devant unjuge de la Cent du Banc de la Reine du Nouveau - Brunswick au motif que a) la demarche a suivre en vertu de la prysente loi Wit pas et6 suivie, ou (b) the decision is patently unreasonable. b) la decision est manifestement deraisonnable. IF71 Chap. M -22 Lot sur les municipalites 190.021(7) On the appeal, the judge of The Court of Queen's Bench of New Brunswick may confirm, modify or rescind the whole or any part of the decision of the committee of council, and the decision of the judge under this subsection is not subject to appeal. 190.021(8) A notice that is deemed to be confirmed un- der subsection (2) or that is confirmed or modified by the committee of council under subsection (4) or a judge of The Court of Queen's Bench of New Brunswick under subsection (7), as the case may be, shall be final and bind- ing upon the owner or occupier who shall comply within the time and in the manner specified in the notice. 190.021(9) An appeal does not prevent a further notice from being given under section 190.011 or from being prepared and signed under subsection 190.041(2) in rela- tion to a condition referred to in the notice that is the subject of the appeal if there has been a change in the con- dition. 2006, c.4, s.10. 190.022(1) In this section "land registration office" means the registry office for a county or the land titles office for a land registration dis- trict. 190.022(2) A notice given under section 190.011 may be registered in the appropriate land registration office and, upon such registration, any subsequent owner of the premises, building or structure in respect of which the no- tice was given shall be deemed, for the purposes of sec- tions 190.04 and 190.041, to have been given the notice on the day on which the notice was given under section 190.011. 190.022(3) For the purposes of registering a notice un- der subsection (2), section 44 of the Registry Act and section 55 of the Land Titles Act do not apply. 190.022(4) Within thirty days after the terms of the no- tice have been complied with or a debt due to a munici- pality under subsection 190.04(1) or 190.041(5) or due to the Minister of Finance under subsection 190.061(3), as the case may be, is discharged, the municipality shall pro- vide a certificate in the form prescribed by regulation to that effect to the person to whom the notice was given 190.021(7) Lors de Pappel, lejuge de la Cour du Banc de la Reine du Nouveau- Brunswick pout confirmer, mo- difier ou annuler, en tout on en partie, lad6cision du comity du conseil et la decision du juge en vertu de cc paragraphe nest pas susceptible d'appel. 190.021(8) L'avis qui est reput6 confirm6 aux termes du paragraphe (2) on qui est confirm6 on modifi6 par le co- mit6 du conseil aux termes du paragraphe (4) on par un juge de la Cour du Banc de la Reine du Nouveau - Brunswick aux termes du paragraphe (7), selon le cas, est dyfinitif et lie le proprietaire ou ]'occupant, qui sent tenus de se conformer dans le delai et de la maniyre qui sont pr6cis6s dans l'avis. 152 190.021(9) Un appel n'a pas pour effet d'empecher la notification d'un autre avis aux termer de Parti- cle 190.011 on la preparation et la signature d'un autre avis aux termes du paragraphe 190.041(2) par rapport a une situation indiqude dans Favis faisant ]'objet de Pappel s'il y cut on changement de situation. 2006, c.4, art.10. 190.022(1) Dans le present article u bureau d'enregistrement des biens - fonds » design le bureau d'enregistrement d'un comt6 on le bureau d'enre- gistrement foncier d'une circonscription d'enregistrement foncier. 190.022(2) L'avis notifi6 aux termes de Parti- cle 190.011 pout etre enregistre an bureau d'enregistre- ment des biens -fonds appropria et des Penregistrement, tout propridtaire subsequent des lieux, du batiment ou de la construction pour lesquels la notification a 6t6 effectu6e est rdpute, pour ]'application des articles 190.04 et 190.041, avoir repu notification de Pavis a la date a la- quelle Pavis avait eta notifi6 aux termes de Parti- cle 190.011. 190.022(3) L'article 44 de la Loi sur 1'enregistrement et Particle 55 de In Lai sur l'enregistrement fancier ne s'ap- pliquent pas a Pemegistrement d'un avis aux termes du paragraphe (2). 190.022(4) Si les exigences formul6es dans Pavis ont 60 satisfaites on que la crdance de la municipality aux termes du paragraphe 190.04(1) on 190.041(5) on la dette du ministre des Finances aux termes du paragra- phe 190.061(3), selon le cas, a 6te reglae, la municipality doit, dans les trente jours qui suivent, fournir a la personne A qui un avis avait ete notifi6 aux termes de Particle Municipalities Act under section 190.011 or deemed to have been given under subsection (2), as the case may be, and the certificate shall operate as a discharge of the notice. 190.022(5) A person to whom a certificate is provided under subsection (4) may register the certificate in the ap- propriate land registration office, and, upon registration of the certificate, the appropriate registrar of the land regis- tration office may cancel registration of the notice in respect of which the certificate was provided. 2006, c.4, s.10. 190.03(1) A person who fails to comply with the terms of notice under subsection 190.01(3) commits an offence punishable under Part II of the Provincial Offences Pro- cedure Act as a category E offence and notwithstanding the provisions of any Act to the contrary, no judge of the Provincial Court may suspend the imposition of any pen- alty under this section. 190.03(1.1) Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a dwelling or dwelling unit to another person commits an offence under subsection (1) in relation to a notice given under section 190.011 with respect to the dwelling or dwelling unit, the minimum fine that may be imposed by ajudge under that Act in respect of the offence shall be one thousand dollars. 190.03(1.2) Where an offence under subsection (1) con- tinues for more than one day, (a) if the offence was committed by a person in rela- tion to notice given under section 190.011 with respect to a dwelling or dwelling unit the person is leasing to another person, (i) the minimum fine that may be imposed is the sum of (A) one thousand dollars, and (B) the minimum fine set by the Provincial Of- fences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and 153 Chap. M -22 190.011 ou a la personne qui est rdput6e avoir requ noti- fication de Pavis aux termes du paragraphe (2), selon le cas, un certificat a cette fin, en la forme prescrite par re- glement, qui a pour effet d'annuler l'avis. 190.022(5) Toute personne a qui un certificat a 6t6 four - ni aux termes du paragraphe (4) peat faire enregistrer le certificat an bureau d'enregistrement des biens -fonds ap- propri6 et des Fenregistrement, le registraire appropri6 du bureau d'enregistrement des biens -fonds pent annuler Fenregistrement de Favis pour lequel le certificat avait 6td fourni. 2006, c.4, art. 10. 190.03(1) Quiconque omet de se conformer aux exi- gences formul6es dans un avis notifid aux termes de Par- ticle 190.011 commet une infraction qui est, sous reserve des paragraphes (1.1) et (1.2), punissable en vertu de la Partie II de la Loi sur la procedure applicable aux infrac- tions provinciales a titre d'infraction de la classe F. 190.03(1.1) Nonobstant le paragraphe 56(6) de la Loi sur la procedure applicable aux infractions provinciales, lorsqu'une personne qui loue one habitation on un loge- ment a une autre personne commet Pinfraction prevue an paragraphe (1) relativement a Pavis notifid aux termes de Particle 190.011 par rapport a ]'habitation on an logement, Pamende minimale qui pent etre imposee par on juge en vertu de cette loi relativement a l'infraction est de 1 000 $. 190.03(1.2) Lorsqu'une infraction pr6vue au paragra- phe (1) se poursuit pendant plus d'une joumde, a) dans le cas o6 ]'infraction a dt6 commise par une personne relativement a un avis notifi6 aux termes de Particle 190.011 par rapport a une habitation on a un logement que celle -ci loue a une autre personne, (i) 1'amende minimale qui peut titre imposee est la somme des montants suivants : (A) 1 000 $; et (B) l'amende minimale prdvue par la Loi sur la procedure applicable aux infractions provin- ciales pour une infraction de la classe F multipliee par le nombre de jours pendant lesquels ]'infrac- tion se poursuit apres la premiere journde; et Chap. M -22 Loi sur les municipalites (ii) the maximum fine that may be imposed is the (ii) Famende maximale qui pent We imposee est maximum fine set by the Provincial Offences Pro- Famende maximale prevue par la Loi sur la procd- cedure Act for a category F offence multiplied by the dure applicable aux infractions provinciales pour number of days during which the offence continues, une infraction de la classe F multipliee par le nombre and dejours pendant lesquels ('infraction se poursuit; et (b) in any other case, (i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Proce- dure Act for a category F offence multiplied by the number of days during which the offence continues, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Pro - cedure Act for a category F offence multiplied by the number of days during which the offence continues. 190.03(2) Repealed: 2006, c.4, s.11. 190.03(3) The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on his or her part to comply with the provisions of a by -law under section 190. 2003, c.27, s.61; 2006, c.4, s.l 1. 190.04(1) If a notice has been given under section 190.011, other than a notice prepared under subsection 190.041(2), and the owner or occupier does not comply with the notice, as deemed confirmed or as confirmed or modified by a committee of council or a judge under sec- tion 190.021, within the time set out in the notice, the municipality may, rather than commencing proceedings in respect of the violation or in addition to doing so, (a) if the notice arises out of a condition existing con- trary to subsection 190.01 (1), cause the premises of that owner or occupier to be cleaned up or repaired, or (b) if the notice arises out of a condition existing con- trary to subsection 190.01(2), cause the building or structure of that owner or occupier to be demolished, and the cost of carrying out such work, including any re- lated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. 154 b) dans tout autre cas, (i) l'amende minimale qui peut titre imposee est Pamende minimale prevue par la Lot sur la proce- dure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre dejours pendant lesquels l'infraction se poursuit, et (ii) 1'amende maximale qui pout @tre imposee est l'amende maximale prevue par la Lot sur la proce- dure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre dejours pendant lesquels l'infraction se poursuit. 190.03(2) Abroge : 2006, c.4, art.11. 190.03(3) La declaration de culpabilite d'une personne en application du present article n'exclut pas les poursuites ulterieures si cette personne continue de negliger on d'omettre de se conformer aux dispositions d'un arrete en application de Particle 190. 2003, c.27, art.61; 2006, c.4, art. 11. 190.04(1) Si un avis a ete notifie aux termes de Parti- cle 190.011, a ('exception d'un avis qui a ete prepare aux termes du paragraphe 190.041(2), et que le proprietaire ou ('occupant ne se conforme pas a cet avis dans le delai im- parti et tel qu'il est repute confirme on tel qu'il est confir- me on modifie par un comite du conseil ou par unjuge en vertu de Particle 190.021, la municipalite pent, an lieu d'intenter des procedures relatives a ('infraction on en plus d'imenter des procedures relatives a ('infraction, a) si ('avis a pour origine une situation contraire au paragraphe 190.01(1), faire nettoyer on reparer les lieux de cc proprietaire on de cet occupant, ou b) si ('avis a pour origine one situation contraire au paragraphe 190.01(2), faire demolir le batiment on la construction de ce proprietaire ou de cet occupant, et les frais relatifs a 1'execution de ces travaux, y compris toute redevance on tout droit afferent, sont a la charge du proprietaire ou de ('occupant et deviennent une creance de la municipalite. Municipalities Act 190.04(2) For the purpose of subsection (1), the officer who gave the notice in respect of the premises, building or structure and the employees of the municipality or other persons acting on behalf of the municipality may, at all reasonable times, enter upon the premises, building or structure in order to clean up or repair the premises or de- molish the building or structure, as the case may be. 190.04(3) A municipality or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf ofthe municipality in the reasonable exercise of its powers under this section. 2003, c.27, s.61; 2006, c.4, s.12. 190.041(1) In this section "emergency" includes a situation in which there is im- minent danger to public safety or of serious harm to premises or to a building or structure. 190.041(2) If upon inspection of a property under sec- tion 102. 1, an officer referred to in that section is satisfied that there is nonconformity with a by -law under section 190 to such an extent as to pose an emergency, the officer may prepare and sign a notice referred to in subsection 190.01(3) requiring the owner or occupier of the premises, building or structure in respect of which the notice is pre- pared to immediately carry out work to terminate the danger. 190.041(3) After having prepared and signed a notice referred to in subsection (2), the officer may, either before or after the notice is given under section 190.011, take any measures necessary to terminate the danger giving rise to the emergency, and, for this purpose, the officer who pre- pared the notice and the employees of the municipality or other persons acting on behalf of the municipality may, at any time, enter upon the premises, building or structure in respect of which the notice was prepared. 190.041(4) A municipality or a person acting on its be- half is not liable to compensate an owner or occupier or any other person by reason of anything done by or on be- half of the municipality in the reasonable exercise of its powers under this section. 190.041(5) The cost of taking measures under subsec- tion (3), including any related charge or fee, is chargeable 155 Chap. M -22 190.04(2) Pour Papplication du paragraphe (1), le fonc- tionnaire qui a notifi6 Favis relativement aux lieux, an batiment on a la construction et les employes de la muni- cipalitd on toute autre personne qui agit an nom de celle- ci peuvent p6netrer, a tout moment raisonnable, dans les lieux, le batiment on In construction pour nettoyer ou rd- parer les lieux on ddmolir le batiment on la construction, selon le cas. 190.04(3) Lamunicipalitdoutoutepersonneagissanten son nom nest pas tenue d'indemniser le propri6taire, ]oc- cupant on toute autre personne pour quelque acte accompli dans Pexercice raisonnable des pouvoirs que lui confdre le prdsent article. 2003, c.27, art.61; 2006, c.4, art. 12. 190.041(1) Dans le prdsent article o situation d'urgence » s'entend notamment d'une si- tuation otl it existe un danger imminent a la se'curit6 publique on lorsque des lieux, un batiment on une cons- truction sont en danger imminent de subir on grave prdju- dice. 190.041(2) Si au cours d'une inspection d'une propridtd aux termes de Particle 102.1 un fonctionnaire vise a cot article est convaincu que la propridt6 nest pas conforme A un arretd pris en vertu de Particle 190 an point de order une situation urgence, it pout prdparer et signer Pavis vise' au paragraphe 190.01(3) exigeant que le propri6taire on ]'occupant des lieux, du batiment on de la construction visas par Pavis exe'cute immddiatement des travaux on vue d'dcarter le danger. 190.041(3) Apres avoir prdpard et signs Pavis mention - n6 an paragraphe (2), le fonctionnaire pout, avant la noti- fication de Pavis aux termes de ]'article 190.011 on apres, prendre les mesures ndcessaires pour dcarter le danger dormant lieu a la situation d'urgence et a cette fin, le fonc- tionnaire qui a prdpard Pavis, les employds de la munici- palitd on toute autre personne agissant an nom de celle -ci peuvent pdndtrer, en tout temps, dans les lieux, le batiment on la construction vise's par Pavis. 190.041(4) La municipality on toute personne agissant en son nom nest pas tenue d'indemniser le propri6taire, ]'occupant on toute autre personne pour quelque acte ac- compli dans 1'exercice raisonnable des pouvoirs que lui confere le prdsent article. 190.041(5) Les frais relatifs a la prise de mesures en vertu du paragraphe (3), y compris toute redevance on tout Chap. M -22 Loi sur les municipalites to the owner or occupier and becomes a debt due to the municipality. 190.041(6) If the notice was not given before measures were taken to terminate the danger, the officer shall give a copy of the notice under section 190.011 as soon as pos- sible after the measures have been taken, and the copy of the notice shall have attached to it a statement by the of- ficer describing the measures taken by the municipality and providing details of the amount expended in taking such measures. 190.041(7) If the notice was given before the measures were taken, the officer shall give a copy of the statement mentioned in subsection (6) in the same manner as a notice is given under section 190.011 as soon as practicable after the measures have been taken. 2006, c.4, s.13. 190.042(1) No person shall refuse entry to or obstructor interfere with an officer referred to in subsection 190.04(2) or 190.041(3) who under the authority of that subsection is entering or attempting to enter premises or a building or structure. 190.042(2) A person who violates or fails to comply with subsection (1) commits an offence that is, subject to subsections (3) and (4), punishable under Part II of the Provincial Offences Procedure Act as a category F of- fence. 190.042(3) Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a dwelling or dwelling unit to another person commits an offence under subsection (2) in relation to the dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect of the offence shall be one thousand dollars. 190.042(4) Where an offence under subsection (2) con- tinues for more than one day, (a) if the offence was committed in relation to a dwelling or dwelling unit by a person who is leasing the dwelling or dwelling unit to another person, (i) the minimum fine that may be imposed is the sum of IMol droit afferent, sent a la charge du propri6taire ou de ]oc- cupant et deviennent une crdance de la municipality. 190.041(6) Si Pavis n'a pas et6 notifi6 avant que des mesures ne soient prises pour 6carter le danger, le fonc- tionnaire notifie aux termes de Particle 190.011 et aussitot que possible aprys que ces mesures aient 61:6 prises, une copie de Pavis, a laquelle est jointe une declaration du fonctionnaire faisant dtat des mesures prises par la muni- cipalit6 et dormant les details des d6penses engag6es pour ces mesures. 190.041(7) Si Favis a 6t6 notifi6 avant que des mesures ne soient prises, le fonctionnaire notifie une copie de la declaration vis6e au paragraphe (6) de la m6me manidre qu'un avis est notifi6 aux termes de Particle 190.011, et ce, aussit &t que possible apres que ces mesures aient dtd prises. 2006, c.4, art. 13. 190.042(1) Nul ne peut refuser de permettre a un fonc- tionnaire visa an paragraphe 190.04(2) on 190.041(3) de pdndtrer dans les lieux, le batiment on la construction en vertu de cc paragraphe ni Fentraver ou le goner alors qu'il p6n6tre on tente de pdndtrer dans les lieux, le batiment on la construction en vertu de cc paragraphe. 190.042(2) Quiconque contrevient ou omet de se con- former an paragraphe (1) commet une infraction qui est, sous r6serve des paragrapher (3) et (4), punissable en vertu de la Partie II de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. 190.042(3) Nonobstantleparagraphe56 (6)delaLoisur laprocedure applicable aux infractions provinciales, lors- qu'une personne qui lone une habitation ou un logement a une autre personne commet ]'infraction vis6e an paragra- phe (2) relativement a ]'habitation on au logement, 1'amende minimale qui peut titre imposde par un juge en vertu de cette loi relativement A ('infraction est de 1 000 $. 190.042(4) Lorsqu'une infraction pryvue au paragra- phe(2) se poursuit pendant plus d'unejournde, a) dans le cas ou Pinfraction a 6t6 commise relative - ment a une habitation on un logement par une personne qui loue Phabitation on le logement a une autre per - sonne, (i) Famende minimale qui peat @tre imposde est la Somme des montants suivants : Municipalities Act (A) one thousand dollars, and (B) the minimum fine set by the Provincial Of- fences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Pro - cedure Act for a category F offence multiplied by the number of days during which the offence continues, and (b) in any other case, (i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Proce- dure Act for a category F offence multiplied by the number of days during which the offence continues, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Pro - cedure Act for a category F offence multiplied by the number of days during which the offence continues. 2006, c.4, s.13. 190.05(1) Where the cost of carrying out work or the cost of taking measures becomes a debt due to a munici- pality under subsection 190.04(1) or 190.041(5), as the case may be, an officer of the municipality may issue a certificate stating the amount of the debt due and the name of the owner or occupier from whom the debt is due. 190.05(2) A certificate issued under subsection (1) may be filed in The Court of Queen's Bench of New Brunswick and a certificate so filed shall be entered and recorded in the Court and when so entered and recorded may be en- forced as a judgment obtained in the Court by the munic- ipality against the person named in the certificate fora debt of the amount specified in the certificate. 190.05(3) All reasonable costs and charges attendant upon the filing, entering and recording of a certificate un- der subsection (2) may be recovered as if the amount had been included in the certificate. Chap. M -22 (A) 1 000 $; et (B) 1'amende minimale pr6vue par la Lot sur la procedure applicable aux infractions provin- ciales pour une infraction de la classe F multipli6e par le nombre de jours pendant lesquels ]'infrac- tion se poursuit apr6s la premiere journde; et (ii) 1'amende maximale qui pent titre impos6e est Famende maximale pr6vue par In Loi sur la proce- dure applicable aux infractions provinciales pour one infraction de la classe F multipli6e par le nombre de jours pendant lesquels ]'infraction se poursuit; et b) dans tout autre cas, (i) I'amende minimale qui peut titre impos6e est Famende minimale pre'vue par la Loi sur la proce- dure applicable aux infractions provinciales pour une infraction de la classe F multiplide par le nombre de jours pendant lesquels ]'infraction se poursuit, et (ii) 1'amende maximale qui peut etre impos6e est 1'amende maximale pr6vue par In Loi sur la proce- dure applicable aux infractions provinciales pour une infraction de la classe F multiplide par le nombre de jours pendant lesquels ]'infraction se poursuit. 2006, c.4, art. 13 190.05(1) Lorsque les frais relati£s a 1'ex6cution de tra- vaux on a la prise de mesures deviennent une crdance de la municipalit6 en vertu du paragraphe 190.04(1) on 190.041(5), selon le cas, on fonctionnaire de la municipa- litd peut ddlivrer un certificat indiquant le montant de In cr6ance et le nom du propri6taire on de ]'occupant res- ponsable de la crdance. 190.05(2) Un certificat ddlivre en vertu du paragra- phe (1) pent titre depose a la Cour du Banc de la Reine du Nouveau - Brunswick ou it doit titre inscrit et enregistr6, et it peat alors titre exdcutd comme un jugement obtenu de la Coot par In municipality contre la personne dont le nom est inscrit dans le certificat, pour une dette dont le montant y est pr6cis6. 190.05(3) Tousles frais et d6penses raisonnables relatifs au depot, a ]'inscription et a 1'emegistrement d'un certifi- cat en vertu du paragraphe (2) peuvent etre recouvres commie si le montant avait 6td inclus dans le certificat. 2003, c.27, s.61; 2006, c.4, s.14. 2003, c.27, art.61; 2006, c.4, art.14. 157 Chap. M -22 Lot sur les municipalites 190.06(1) The cost of carrying out work under subsec- tion 190.04(1) or of taking measures under subsection 190.041(3), as the case may be, and all reasonable costs and charges attendant upon the filing, entering and record- ing of a certificate under section 190.05 shall, notwith- standing subsection 72(2) of the Workers' Compensation Act and until paid, form a lien upon the real property in respect of which the work is carried out or the measures are taken in priority to every claim, privilege, lien or other encumbrance, whenever created, subject only to taxes lev- ied under the Real Property Tax Act and a special lien under subsection 189(10). 190.06(2) The lien in subsection (1) (a) attaches when the work under subsection 190.04(1) is begun or the measures under subsection 190.041(3) are begun, as the case may be, and does not require registration or filing of any document or the giving of notice to any person to create or preserve it, and (b) follows the real property to which it attaches into whosever hands the real property comes. 190.06(3) Any mortgagee, judgment creditor or other person having any claim, privilege, lien or other encum- brance upon or against the real property to which is at- tached a lien under subsection (1) (a) may pay the amount of the lien, (b) may add the amount to the person's mortgage, judgment or other security, and (c) has the same rights and remedies for the amount as are contained in the person's security. 2003, c.27, s.61; 2006, c.4, s.15. 190.061(1) Where a debt due to a municipality under subsection 190.04(1) or 190.041(5) remains unpaid in whole or in part and the Minister of Finance is of the opin- ion that the municipality has made reasonable efforts to recover the unpaid amount, the Minister of Finance shall, if the municipality requests him or her to do so before De- cember 31 in any year, pay to the municipality the follow- ing amounts at the same time as the first payment is made to the municipality under section 6 of the Municipal As- sistanceAct in the following year: 190.06(1) Les frais relatifs a Pex6cution des travaux on vertu du paragraphe 190.04(1) on a la prise de mesures en vertu du paragraphe 190.041(3), selon le cas, et tons les frais et d6penses raisonnables relatifs an dep6t, a ]ins- cription et a Pemegistrement d'un certificat en vertu de Particle 190.05 constituent, jusqu'a leur paiement, nonob- stant le paragraphe 72(2) de la Loi sur les accidents du travail, un privilege grevant le bien reel sur lequel les tra- vaux sont effectues on les mesures sont prises, en prioritd sur toute reclamation, droit, privilege on autre charge, quelle que soit 1'dpoque de leur creation, sous la seule re- serve des imp6ts ]eves en vertu de la Loi sur Pimp& foncier et d'un privilege special en vertu du paragra- phe 189(10). 190.06(2) Le privilege vise au paragraphe (1) a) s'applique lorsque les travaux vis6s au paragra- phe 190.04(1) on les mesures visdes an paragra- phe 190.041(3), selon le cas, ont d6but6 et sans qu'il soit n6cessaire, pour le cr6er on le conserver, d'enre- gistrer ou de deposer on document quelconque on d'avi- ser qui que ce soit, et b) suit le bien reel qu'il greve en quelques mains que ce bien reel se trouve. 190.06(3) Tout cr6ancier hypothdcaire ou cr6ancier sur jugement on tout autre titulaire d'une reclamation, d'un droit, d'un privilege on de toute autre charge sur le bien reel greve Won privilege en vertu du paragraphe (1), 158 a) pout acquitter le montant du privilege, b) pout ajouter ce montant an montant de son hypo - theque, jugement ou autre s0ret6, et c) a, a l'6gard de ce montant, les memes droits et re- cours que ceux que comporte sa sfirete. 2003, c.27, art.61; 2006, c.4, art.15. 190.061(1) Lorsqu'une creance d'une municipalit6 en vertu du paragraphe 190.04(1) on 190.041(5) demeure im- payee, on totalite on en partie, et que le ministre des Finances est d'avis que la municipalite a fait des efforts raisonnables pour recouvrer le montant impay6, le ministre des Finances doit, si la municipalite lui a fait demande avant le 31 ddcembre d'une ann6e, verser les montants suivants a la municipalite en meme temps qu'il effectue, lors de la prochaine annde, le premier versement a la mu- nicipalite en vertu de Particle 6 de la Loi sur ]'aide aux municipalites : Municipalities Act (a) the unpaid amount of the debt; and (b) interest on the unpaid amount of the debt (i) calculated at the same rate as is applied in de- termining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and (ii) accruing from the day the municipality com- pletes the work or measures in respect of which the debt arose to the day the municipality makes a re- quest under this subsection for payment in respect of the debt. 190.061(2) A municipality shall make a request under subsection (1) by submitting to the Minister of Finance a statement of the expenditures of the municipality that gave rise to the debt. 190.061(3) Subject to subsection (4), where a debt due to a municipality under subsection 190.04(1) or 190.041(5) in relation to work carried out or measures taken with respect to premises or a building or structure remains unpaid, in whole or in part, by the person liable to pay the debt and the Minister of Finance has made a pay- ment under subsection (1) in respect of the debt, (a) any part of the debt that remains unpaid by the person liable to pay the debt becomes a debt due to the Minister of Finance, and (b) the Minister of Finance shall collect the following amounts from the owner of the premises, building or structure in the same manner that taxes on real property are collected under the Real Property Tax Act: (i) any part of the debt under subsection 190.04(1) or 190.041(5) that remains unpaid by the person liable to pay the debt; and (ii) interest on the unpaid part of the debt (A) calculated at the same rate as is applied in determining the amount of a penalty under sub- section 10(3) of the Real Property Tax Act, and (B) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality 159 a) le montant impaye de la creance; et Chap. M -22 b) Fint6ret sur le montant impaye de In creance (i) calcule an meme taux applique pour determiner le montant d'une p6nalite prevue par le paragra- phe 10(3) de la Loi sur 1'imp6t foncier, et (ii) qui court a partir de la date a laquelle la muni- cipalite a achevd les travaux on les mesures qui ont donne lieu a In creance jusqu'a la date a laquelle la municipalitd a fait sa demande pour un versement relativement a la creance aux termes du present pa- ragraphe. 190.061(2) Une municipalit6 fait une demande aux termes du paragraphe (1) en presentant an ministre des Fi- nances un etat des depenses engagees par celle -ci qui a donnd lieu a la creance. 190.061(3) Sous reserve du paragraphe (4), lorsqu'une creance d'une municipalite en vertu du paragra- phe 190.04(1) on 190.041(5) relative a des travaux effec- tu6s ou a des mesures prises par rapport a des lieux, a un batiment on a une construction demeure impayee, en to- talite on en partie, par la personne tenue an paiement de la creance et que le ministre des Finances a effectuc un ver- sement aux termes du paragraphe (1) relativement a la creance, a) toute partie de la creance qui demeure impayee par la personne tenue au paiement de In creance devient une dette due an ministre des Finances, et b) le ministre des Finances doit percevoir du proprie- taire des lieux, du batiment on de la construction les montants suivants de la meme mani6re que l'impot fon- cier en vertu de la Loi sur Pimp6t foncier : (i) toute partie de la cr6ance en vertu du paragra- phe 190.04(1) ou 190.041(5) qui demeure impayee par la personne tenue au paiement de la creance; et (ii) Fint6ret sur la partie de la creance qui demeure impayee (A) calcule au meme taux applique pour deter- miner le montant d'une penalit6 prevue par le paragraphe 10(3) de la Loi sur l'imp6tfoncier, et (B) qui court a partir de Is date a laquelle la mu- nicipalite a achev6 les travaux ou les mesures qui ont donne lieu a la crdance jusqu'a la date a la- Chap. M -22 Loi sur les municipalites makes a request under subsection (1) for payment quelle la municipality a fait sa demande pour un in respect of the debt. versement relativement a la cr6ance aux termer du paragraphe (1). 190.061(4) Subject to subsections (5) and (6), section 7, section 10, except subsection 10(2), and sections 11, 12, 133 14, 14.1, 15, 16, 19, 20, 24 and 25 of the Real Property Tax Act apply with the necessary modifications for the purposes of subsection (3). 190.061(5) Where the amounts referred to in paragraph (3)(b) remain unpaid, those amounts and any penalty added to them under subsection (4) constitute a lien on the real property in respect of which the work was carried out or the measures were taken, and the lien ranks equally with a lien under subsection 11 (1) of the Real Property Tax Act. 190.061(6) Where the real property is sold under any order of foreclosure, order for seizure and sale, execution or other legal process or a power of sale under a debenture or mortgage or under subsection 44(1) of the Property Act, the amount of a lien referred to in subsection (5) con- stitutes a charge on the proceeds that ranks equally with a charge under subsection 11 (1) of the Real Property Tax Act. 2006, c.4, s.16. 190.07 A municipality shall not proceed to act under paragraph 190.04(1)(b) unless it has a report from an ar- chitect, an engineer, a building inspector or the Fire Mar- shal that the building or structure is dilapidated or structurally unsound and such report is proof in the ab- sence of evidence to the contrary that the building or structure is dilapidated or structurally unsound. 2003, c.27, s.61; 2006, c.4, s.17. RURAL COMMUNITIES 2005, c.7, s.49. 190.0705 In sections 190.071 to 190.09, "service" means, unless the context requires otherwise, a service prescribed by regulation. 2005, c.7, s.49. 190.071(1) On the recommendation of the Minister, the Lieutenant - Governor in Council may make regulations re- 190.061(4) Sous rdserve des paragraphes (5) et (6), Far - ticle 7, ]'article 10, a 1'exception du paragraphe 10(2), et les articles 11, 12, 13, 14, 14.1, 15, 16, 195 20, 24 et 25 de la Loi sur Pimpotfoncier s'appliquent avec les modifica- tions n6cessaires pour ]'application du paragraphe (3). 190.061(5) Lorsque les montants vises a Falin6a (3)b) demeurent impayes, ces montants et toute p6nalit6 y ajou- tee en vertu du paragraphe (4) constituent un privilege sur les biens r6els qui ont fait Fobjet de travaux effectu6s ou des mesures prises et le privilege prend on rang egal an privilege pr6vu an paragraphe 11(1) de la Loi sur Pimp& foncier. 190.061(6) En cas de vente d'un bien r6el en vertu d'une ordonnance de saisie hypothecaire, de saisie et vente on d'execution ou par d'autres voies judiciaires on en vertu d'un pouvoir de vente en vertu d'une debenture on d'une hypoth6que on en vertu du paragraphe 44(1) de la Loi sur les biens, le montant d'un privilege vis6 an paragra- phe (5) constitue une charge qui prend un rang egal a one charge visee an paragraphe 11(1) de la Loi sur Pimp& foncier. 160 2006, c.4, art. 16. 190.07 La municipality ne doit pas prendre les mesures pryvues a 1'alinea 190.04(1)b) sans avoir eu un rapport emanant d'un architecte, d'un ingenieur, d'un inspecteur des constructions on du pr6v&t des incendies dtablissant que le batiment on la construction est d6labre on manque de solidity, et ce rapport fait foi, en Fabsence d'une preuve contraire, du d6labrement on du manque de solidit6 de cc batiment on de cette construction. 2003, c.27, art.61; 2006, c.4, art. 17. COMMUNAUTES RURALES 2005, c.7, art.49 190.0705 Aux articles 190.071 a 190.09, service >) design, a moins d'indication contraire du contexte, un service prescrit par r6glement. 2005, c.7, art.49. 190.071(1) Sur la recommandation du Ministre, le lieutenant - gouvemeur en conseil pent 6tablir des r6gle- 1 3 CBY -LAW NUMBER M- A BY -LAW RESPECTING UNSIGHTLY PREMISES AND HAZARDOUS BUILDINGS AND STRUCTURES WITHIN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: 1. This by -law may be cited as the Saint John Unsightly Premises and Dangerous Buildings By- Law. 2. The Common Council hereby declares that Sections 190.001 to 190.07 of the Municipalities Act, being Chapter M -22 of the Revised Statutes of New Brunswick 1973 and amendments thereto, shall apply to the entire area comprising The City of Saint John. 3. A By Law of The City of Saint John made and ordained on May 20, 2003, entitled "A By Law Respecting Dangerous or Unsightly Premises in The City of Saint John is hereby repealed. IN WITNESS WHEREOF The City of Saint John has caused the Common Corporate Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/Maire ARRETE NUMERO M- ARRETE CONCERNANT LES BATIMENTS ET STRUCTURES INESTHETIQUES OU DANGEREUX DANS THE CITY OF SAINT JOHN Le conseil communal de The City of Saint John edicte: 1. Le present arrdte peut titre cite sous le titre : Arrdtd concernant les batiments inesthetiques ou dangereux de The City of Saint John. 2. Le conseil communal declare par la presente que les articles 190.001 a 190.07 de la Loi sur les municipalites, chapitre M -22 des Lois revisees du Nouveau - Brunswick de 1973, ainsi que les modifications afferentes, s'appliquent a toute la region constituant The City of Saint John. 3. Un arrdte de The City of Saint John decrW le 20 mai 2003, intitule Arrdte sur les batiments inesthetiques ou dangereux de The City of Saint John, est abroge. EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrdte le * 2007, avec les signatures suivantes: Common Clerk/Greffier communal First Reading Premiere lecture - Second Reading - Deuxieme lecture - Third Reading Troisieme lecture - July 12, 2007 His Worship Mayor McFarlane And Common Council Your Worship and Council, SUBJECT: TRAFFIC PLANNING BACKGROUND: The neighborhood recently branded "The Village" has experienced tremendous day -time population growth due to a number of new youth initiatives, an increase in employment and development of new businesses and services. The Saint John Boys and Girls Club run programming for children throughout the year. The summer programming sees an increase in children attending the facility. Also important to note, that in an emergency the Saint John Boys and Girls Club is the evacuation meeting site for residents and workers in The Village, NBCC and the South End Community Centre. Samuel de Champlain has established a day care on the corner of Waterloo and Cliff Streets. The YM -YWCA has recently relocated to Prince Edward Square. The "Y" is offering a host of programs including their daycare services. The popularity of their health and fitness programs has challenged parking as well as traffic flow. The new Teen Resource Centre on Richmond Street will house the sexual health clinic and a youth mental health clinic in addition to many other teen related activities. The call centres in Prince Edward Square and on Crown Street are growing and the very busy Waterloo Street Tim Horton's and St. Joseph's Hospital continue to bring a high number of visitors to the area. Additionally, the changes in Crown Street are resulting in increased "cut through" traffic through the centre of The Village. All of the above have brought a significant increase in automobile traffic as well as increased pedestrian traffic of all ages to the streets of The Village. Further traffic congestion can be anticipated with the redevelopment of Union Street in conjunction with the new Police Station and Justice Complex. . With the huge increase in children and youth to the area and with the Seniors' complex on the corner of Prince Edward and Union Streets, we must be assured traffic planning is such as to maximize safety for residents and visitors to the area MOTION: move that the Planning Department together with the Traffic division from the Police department and representatives from Public Transit and Emergency Measures Organization assess the significantly increased pedestrian traffic and vehicle congestion given the increased daytime population in "The Village" and report back to Council with a plan to more adequately meet the safety needs of our citizens. Respectively submitted, Received by e -mail Deputy Mayor Michelle Hooton `1 , Mayor and Common Council Re: City not allowing citizens to access their land. July 16, 2007 I received a letter from a Mr. Walter Vincent who is representing a property owner on the West Side of our City. In this letter addressed to Mayor and Council Mr. Vincent claims that the owner has 5.5 acres of land adjacent to Seaside Park. He states City Staff has advised the owner that the City has purchased the former railway line and will not allow them to use it as an access to their property. If this is the case, I would like staff to explain why the city would keep someone from accessing their land. In explaining this one must keep in mind that City Hall is an identity of the property owners of this city and one also has to keep in mind that these access agreements have been done throughout the history of our city. I move that the appropriate staff repair a report on this issue within six weeks. Respectfully, f f/ X44 Bill Parren Councillor City of Saint John Mayor and Common Council Re: Individual citizens want to help City July 16, 2007 It is very important for very municipality to have concerned and active citizens in order a community to truly grow as a vibrant and inclusive community. This has been stated by many historians, who have shown that vibrant and inclusive communities have always been the hub of commerce and growth for decades. Many recently publications by authors who are also writing about the fact that in order for Cities to survive and succeed in the future as community to live and do business in, is to attract the vibrant and inclusive identities of each community. These identities are such things as the performing arts, historic places, multi cultural events, sport activities and sporting events and the many other identities each community is noted for, such as Calgary for the Calgary Stampede. It is also noted by these same people that they say it is equally as important to look after the smaller details of a community as it is to look after the larger details. I attended a conference at McGill University where the Mayor of Montreal spoke on this very same issue. He stated that every community that wants to attract people and business in the future, even such as large cities as Montreal, has to be very thing to everyone. He pointed out the fact that being every thing to everyone is very costly for a city, no matter what size they are. But in order for a community to prosper in the future it has to be done and if managed in an orderly and proper manner, can be achieved. I believe in having active citizens in our community, I believe it is one of the many positive features of our City. To this point, back in November of 2006 a Mr. Bill Lapp who lives in the South End offered to purchase 2 mini garbage containers and place them on the corners of Wentworth/Mecklenburg and on Wentworth/Queen in order for him to help keep and his neigbourhood, and his City, cleaner. Mr. Lapp has had no response to his offer as of this date. As I have stated earlier, our city has to look after not only the large offers from companies that are willing to help improve our City, but we must be willing to look after the every day citizen who are more than willing to play a part in improving our City as well. I move that staff contact Mr. Bill Lapp and accept his offer of providing 2 mini garbage cans for his neigbourhood and that staff present to Council, within six weeks a plan to better involve such citizens in the future who want to see our city as a vibrant and inclusive community. Respectfully, 7 Bitl Farren Councillor City of Saint John ,q Mayor and Common Council July 16, 2007 Re: The Accurate accountinE of Staff & Council expense's. It has come to light that neither staff nor Council members have an accurate accounting of any expense that they incur while on City business. What I mean by this is that the accounting department can not find any expense incurred by any member of Council or staff without going through a lengthy search by the accounting department. With the use of computers and the software that this City has purchased over the years to keep track of line items such the purchase of piping, sand, salt, parts, etc.... I believe the accounting department can keep a tighter control of such expense's so that if anyone from council or staff wants to see the final cost of an educational course or other trip, they can do so in a more timely manner. I feel it is a must for each elected member of Council and staff to be able to inquire about how much money they have spent performing their duties. It not only provides insight for staff and elected officials but it should be readily available if any member of the public asks for it. This Council has endorsed a booklet at a cost of approximately $30k titled "A View on Saint John; How your tax dollars build value in our community," and I see this information concerning the expenditure of Council and staff members as an extension of that. I move that the finance Department of the City be instructed to keep accurate accounting of expenses of all staff and Council members, starting for the year 2007, as a separate line item for each person as to provide a quick and accurate record of each employee and elected officials expense's at anytime throughout the year. Respectfully, Bill Farren Councillor, City of Saint John ��45� Mayor and Common Council Re: Still waiting for Staff report. July 16, 2007 In the April 3rd 2007 I had asked staff if the motion that this Council made on July 23rd 2006 concerning the benefits of Cultural diversity in our community would be fore coming and approximately when we could expect this report. Council was told at that time that we would have the report in the next few weeks, when questioned on when, the City Manager stated by the end of May. Here it is the middle of July and I have not been provided when the report may be forth coming. I will repeat the 4 questions that this Council had asked staff to provide information on; 1) changes that have taken place in the community through participation of the Arts. 2) growth in cultural diversity in Saint John and the positive impact of the Arts on economic advancements in the community through growth in cultural groups or through spending in the community. 3) any interesting information which illustrates talented new people and/or jobs that have been drawn to Saint John as a consequence of improvements in cultural diversity. 4) Recommendations the Cultural Affairs Officer might make arising from his associations and feedback in the community that might give guidance in public and /or spending policies. I feel strongly that another motion is required with a date for staff to provide this report. I move that the City Manager instruct any /all appropriate staff that can provide this information, to have the report concerning Cultural diversity in our community presented to Common Council at the open session of the July 30`h 2007 meeting. n Respectfully Bill Fakfen ° Councillor City of Saint John July 11, 2007 Mayor and Common Council: RE: DAVID GOULD Tonight your Worship and Council, I would like, on your behalf, to thank David Gould, the Past President of Local 18, our Outside Workers Union. David has been an active member in this Local for over 25 years. He has held the position of President for the past 17 or 18 years. It is fair to say that David's leadership has been responsible for major improvements to the working relationship between the outside workers and city management. Dave was always a champion for the concerns and well -being of his members but always understood the financial limitations of the employer and he believed in and supported Interest Based negotiations. During difficult economic times, David always tried to protect his workforce but at the same time worked with the city managers to save hundreds of thousands of dollars yearly by having his union agree to modifications of working hours and the work week. Some other accomplishments during his tenure as president include: ➢ Upgrading of skills and training of City employees by working in partnership with NBCC ➢ Reduction of grievances to one or two a year ➢ Support for harbour clean -up and Harbour Passage ➢ Fund raisers for many special causes ➢ Stepping forward and offering support for the City's pension problem Finally, David has always said that "the City is a good employer and our workers want to do a good job for the citizens, sometimes we just need the proper tools to do that job!" 1 want to thank David for his years of service to his union and to our citizens for his cooperative approach for dealing with complex, difficult situations over the years. Motion: I would like Mayor and Council to recognize the Past President of Local 18, David Gould for his leadership, integrity and concern for not only his membership but our City and its residents. Respectfully submitted, _egl, Ivan Court COUNCILLOR 6) ft SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E21_41_1 July 12, 2007 II ` I To His Worship Mayor Norm McFarlane And Members of Common Council Subject: Improper Tabling Motion The City's Procedural By -Law requires that a motion to table a motion must state a reason. I believe that the reason given by Councilor Tait at the meeting of July 3 to table my motion did not constitute a valid reason. The reason is so in conflict with my motion that it abused the tabling process, suppressed my motion and put before Council a new motion. While additional information is sometimes a valid reason for tabling a motion, in this case I am being asked to gather information which I was asking Council to obtain through a proper resolution. The motion in effect requires me to go to the City Manager and Departments Heads for information which they can rightfully refuse to an individual Councillor. Because a motion to table outranks every debatable question and a tabling motion is not debatable itself, it is important that the Chair person be alert to its proper use. My aim was to have Common Council evaluate the actual number of sick leave the city has incurred over the past several years. Asking me to justify why I am asking for the sick leave numbers is a delay tactic. The numbers will speak for themselves. Justifying my request before I get an answer is "akin" to a childish taunt of "I'll show you mine if you show me yours ". Why reduce a legitimate request of a Councillor to this level? Therefore, I am requesting that the Common Clerk and/City Solicitor advise Council how my motion can be placed before Council again for a proper disposition. Respectfully S �d, John Cour 1Le my of Saint MM July 12, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Subject: DaimlerChrysler delivers first Orion VII Next Generation bus to Saint John Transit, The City of Saint John and Saint John Transit was the very first community to receive DaimlerChrysler's new environment - friendly Orion VII Next Generation transit buses. Mayor McFarlane, Frank McCarey and I attended a special ceremony at the DaimlerChrysler manufacturing facility in Mississauga, Ontario on July 9th to receive the first of the eleven new buses scheduled to arrive in Saint John over the next few weeks. Four of these 11 new buses will be dedicated to the new Community Express (ComEx) system and the other 7 buses will be used to replace aging buses in the fleet. The new Orion VII transit buses are wheelchair accessible, cleaner, more efficient, and will provide an 80% improvement in particulate matter and a 50% improvement in NOx emissions (greenhouse gas) in comparison to its 2002 predecessor. The Orion VII Next Generation buses will be a great addition to the City Transit fleet. The order of 11 Orion VII Next Generation transit buses is Saint John's largest order ever, and will bring its total fleet of Orions to 22. The funding to purchase the new buses was provided under the Canada -New Brunswick Agreement on Public Transit announced last December. Motion: Receive and file for information. Respectfully Submitted, Received by e-mail Chris Titus Councillor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21_41.1 I www.saintiohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 4L1 REPORT TO COMMON COUNCIL ,/ W M &C #2007 -224 Tim City of Saint john July 10, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: UNDERSTANDING SICK LEAVE PROVISIONS AND POLICIES At the last meeting of Common Council, a motion put forth by Councillor Ferguson (see attached) was tabled. A review of the discussion that ensued left staff with the impression that Council chose to table the motion until such time as Councillor Ferguson tabled information that he had available to him and gave him cause to make a number of statements in his letter to Council. Notwithstanding the decision of Council to table the motion and any information that Councillor Ferguson chooses to share with Council this evening, staff do believe that the issue of Sick Leave is important. Given that the City is going to begin negotiations with three of its Bargaining Units within the next few months, now is an appropriate time for staff to provide Council both a comprehensive and factual report, augmented by a teach - in with a question and answer period. Such information will allow Council, as the Employer, to formulate a position and give direction to their negotiating team as they enter into negotiations with the three Bargaining Units. Sick leave is not simply a matter of looking at "raw data" and formulating quick conclusions. Council needs to understand the evolution of the provisions in the various collective agreements as well as the policy as it relates to non unionized employees. Furthermore, Council needs to understand the concept of Self Insurance as adopted by the City and contrast that approach to Long Term Disability Insurance that exists in many other organizations. Finally, Council needs to be educated on the relationship that has existed between Sick Leave Entitlements and Disability Pensions and appreciate how that relationship has changed since 1994 and the affect that it has had in the workplace. f {, j >url ro Cornn;or, Cotu7�i/ l;;$'at: Unc /ansh;;rr�i;r S;uaL4 RECOMMENDATION: That Common Council entertain staff's request to prepare a full and comprehensive report on all of the issues Teach - In ( mentioned in this report and that Common Council schedule a attend) and susu a ch Committee of the Whole setting where the public would be permitted to Teach -In be scheduled sometime prior to the Employer entering into negotiations with any of the Bargaining Units, for September. the earliest of which is currently scheduled 7 Terrence L. Totten, FCA CITY MANAGER enc. r June 28, 2007 To his Worship Mayor Norm McFarlane and Members of Common Council Subject: Correcting the workplace culture of the City of Saint John In recent months employees and taxpayers of the city have approached me with questions regarding the city's human resource policies in hiring practices (new requirements for job qualifications), sick leave provisions (length of sick leave provided, return to work programs for short term disabilities, injured workers, etc.) and the City's legal duty to accommodate employees. A Telegraph Journal report, Saturday, June 2, 2007, "Is it a must to give advance notice before resigning ?" (which I have attached here for your consideration) throws much needed light on the issue of workplace morale. It answers some of the employee questions about the low workplace morale in too many city jobs. One indication of that depressing morale is that our sick leave rates are drastically high compared to other municipalities across Canada The city has unusually high rates of absenteeism and sick leave among our employees, and both symptoms indicate that we have a problem of workplace culture. Identifying the root cause of a negative workplace culture is very important to decreasing stress caused by low workplace morale. I want to share with you and with Common Council here one demoralizing city management policy affecting our city's non - management staff. Existing Employees who entered into other jobs with the city had applied for their old job that was still vacant and existing casual employees applied to the job they were filling as a casual hoping to become permanent. But Human Resources had arbitrarily raised the job requirement credentials for an applicant to qualify for the jobs. The employees, who did not have those credentials, were now disqualified from applying for their old positions. To me such arbitrary additions to credential requirements for city positions, when the credentials for the jobs are not required to do the work, are a disservice to the employees and the taxpayers of Saint John. Why are people working in positions that if they applied for the jobs now they would not he qualified for because they don't have a college degree or community college certificate? Why are people not meeting job selection criteria by Human Resources writing job specifications that in essence "over qualify" the position. It is for this reason I propose the following resolution. Be it resolved; 1. To assist with identifying and understanding the workplace culture that exists within the City of Saint John, the City Manager provide to Common Council the number of employees on sick leave for the past five years detailing the length and frequency of sick leave used by each department. 2. Please provide the policies in respect to hiring practices and job specifications for each department. Is it a must to give advance notice before resigning? Published Saturday June 2nd, 2007 Appeared on page Et I love my job's ever variegated extremes, replete with snatches of human life, psychology and politics. Here are some questions from today's e- mails. Resignation: There are two areas of common inquiry: Must an employee provide advanced notice of resignation and how can one obtain severance if they resign? Employees must provide their employers with advanced notice of their intention to resign. The length of that notice is based on how long it would likely take the employer to hire a qualified, trained replacement. If notice is not provided, the employer can sue the employee for all the economic loss it suffers. For example, if a saleswoman resigns and it takes time to replace her, the employer can sue for lost sales. Few employers bother. A lawsuit for wrongful resignation most commonly arises when an employee resigns claiming constructive dismissal and the employer counterclaims, asserting the employee resigned with inadequate notice. Employers should consider this strategy when faced with a frivolous constructive dismissal case. Employees often decry the "unfairness" of not receiving severance when they decide to leave or retire. Unless they were constructively dismissed, employees have no right to compensation, however long or meritorious their service. In an attempt to obtain compensation, employees will often misconduct themselves, hoping to be fired and receive severance_ However superficially attractive this may be, employers should not offer severance in those circumstances. Paying encourages other employees who want to leave to similarly misbehave. Bonuses: Few bonuses are truly discretionary, no matter how they are described. If a bonus is provided as a matter of course so that the employee has a reasonable expectation of receiving it, it is not discretionary. Employees are entitled to such a bonus as part of any severance. What if the bonus is annual and an employee retires midyear? Unless the bonus plan specifically states an employee must be employed as of a certain date, he is entitled to a pro rata bonus. Even without such a statement, if the notice period takes a dismissed employee past the date, severance will include the bonus. Mental harassment: Today, much of the workforce views itself as "harassed." Harassment often is in the eye of the beholder. One employee's "tough boss" is mother's invitation to a lawsuit. Following Canada's first million - dollar damage award for workplace harassment, employees' lawyers are sharpening their pens, routinely adding harassment claims to lawsuits. But not so fast: Unless an employee can prove an employers conduct is such that no reasonable person is able to tolerate it, they cannot resign and sue. Unfortunately, what that level is may depend on the judge you draw. To obtain any significant harassment damages, beyond severance for constructive dismissal, the employee must prove a psychiatric breakdown. Sick leave: There is no entitlement to paid sick leave. Sick pay depends entirely on the employer's policies, notthelaw. The employer has the right to make its criteria for the receipt of sick pay as rigorous as it wishes. Most companies are "soft" with sick -leave administration and then complain employees abuse it. Sick leave policies should be managed the same way insurers manage long -term disability benefits: rigorously. What employers fail to understand is that an employee must be disabled to be entitled to disability benefits. That does not mean merely having a sore throat, a headache or being under the weather. It means being "disabled" from doing their job or any other job the employer could provide as an alternative. The same principle applies as to whether an employer permits an employee to take time off, paid or otherwise. If an employee is neither disabled nor presents a risk of contagious illness to others, the employer has the right to require them to attend work. Producing a medical certificate is not dspositive. If an employee appears to be abusing sick l leave, one I recommend employers arrange a medical appointment with their own physician, p Y who specializes in the field the employee alleges is the cause for disability, and who understands the workplace and the alternate positions available in it. Howard Levitt is the author of D smssal and Employment Law Digest He beare reached at hlevitt@langmichenerfc he OPEN SESSION M & C 2007 — 221 July 10, 2007 His Worship Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT Property located at 120 Carpenter Place BACKGROUND In early April 2005 the Planning Advisory Committee considered an application which would allow the establishment of an outdoor golf driving range to be located at 120 Carpenter Place. The committee approved the application subject to a number of conditions. One of those conditions was: (d) Safety netting and poles must be installed to ensure the retention of golf balls within the driving range perimeter. Such netting must be in conformity to a detailed site plan prepared by a golfing consultant, which is also acceptable to the N.B. Department of Transportation and Development Officer. The approved plan must also be attached to required building permit application for the proposed golfing facility. Shortly after the facility opened for business it became apparent that the property owner had not put in place the necessary safe guards to ensure that golf balls would not leave this property. Neighbouring property owners have made their displeasure known many times to both the property owner and to City staff. City staff have had numerous discussions with the operator of the driving range, and have also sent many violation notices outlining his non - compliance with the conditions that were set out by the Planning Advisory Committee. It appears that there is no resolve to this ongoing problem. It is, therefore, staff's recommendation that the facility cease operation in order to protect neighbouring property owners. The following resolution, if adopted by Council, would M & C 2007 - 221 - 2 - July 10, 2007 authorize the Building Inspector to make an application to the courts for an Order that would require Kelly Carpenter to cease using or permitting the use of his property at 120 Carpenter Place as a golf driving range. RECOMMENDATION Your City Manager recommends that the following resolution be adopted: Whereas Kelly Carpenter is the registered owner of the parcel of land (herein referred to as the Carpenter property) that is located at civic number 120 Carpenter Place in the City of Saint John, N.B., and has Service New Brunswick parcel PID number 403527. The property is zoned Rural (RF) under the Saint John Zoning By -Law, and section 720 of the by -law authorizes, subject to such terms and conditions as may be imposed by the Saint John Planning Advisory Committee, the use of properties in such as zone as "commercial recreational facilities including golf, tennis, boating, swimming, skiing but not including automobile, cycle or horse -race tracks" And Whereas an application was made to the City to establish and operate on the Carpenter property a commercial golf driving range, and on April 5, 2005, the Planning Advisory Committee imposed a number of conditions on the said use of the property. One of the conditions was "(d) Safety netting and poles must be installed to ensure the retention of golf balls within the driving range perimeter. Such netting must be in conformity to a detailed site plan prepared by a golfing consultant, which is also acceptable to the N.B. Department of Transportation and Development Officer. The approved plan must also be attached to required building permit application for the proposed golfing facility ". And Whereas owners of some of the parcels of land that adjoin the Carpenter property have advised the City that numerous golf balls from the driving range have been landing on their properties and some of the golf balls have caused property damage and personal injury. They are concerned for possible future personal injury and property damage. And Whereas the City has notified Kelly Carpenter that the aforesaid condition "(d)" is not being complied with, but he has not remedied the violation. Be It Resolved, in accordance with the recommendation of the City Manager, 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 require Kelly Carpenter to cease using or permitting the use of his property at 120 Carpenter Place, Saint John, N.B. (Service New Brunswick PID 403427) as a golf driving range. M & C 2007 - 221 - 3 - July 10, 2007 Respectfully submitted, Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager M &C— 2007- 159 July 13, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Emera Pipeline BACKGROUND: In May of 2006, Emera Brunswick Pipeline Company Ltd. ( Emera) applied to and received from the National Energy Board approvals relating to the Brunswick Pipeline Project. The Brunswick Pipeline is proposed to extend from Canaport Liquefied Natural Gas (LNG) Terminal in Saint John to an interconnect with the Maritimes & Northeast Pipeline LCC System at the Canada/US border. The Brunswick Pipeline will provide access to regasified LNG from Canaport terminals for markets in the Maritimes and Northeastern United States. The Project's "preferred pipeline corridor" runs through various City owned properties. Emera has submitted for review, approval and execution the following documentation: 1. Options for Easement and Easement Agreements (attached) 2. `Temporary Working Room' Contracts (attached) The Options seek the grant of an irrevocable right to purchase an unencumbered easement and rights in perpetuity to construct, maintain, replace and operate a natural gas pipeline on, over, in, under and or through a strip of land no more than thirty (30) metres in perpendicular width across various lands of the City, together with the right to construct, maintain and operate any above ground valves, meters and other appliances and fittings, devices for controlling corrosion, related communications systems, all for use in connection with the pipeline, for the transmission and distribution of natural gas. The lands to be optioned are designated by the following PIDs: 55024921, 00040238, 00040246, 00040261, 00305433, 55017719, 00035931, 00032599, 00464883, 00407866, 00408815, 00286559, 00429670, 00274456, 00411884 and 55018790. Report to Common Council Page 2 July 13, 2007 As well, PID 00052548 (Rockwood Park), with the consent of the Saint John Horticultural Association, as required by recently obtained legislation, will be optioned in the same manner as previously described. The `Temporary Working Room' contracts would permit Emera to enter upon various lands to perform work during the course of construction of the pipeline. The lands affected by these `Temporary Working Room' contracts are designated by the following PIDs: 55024921, 0040170, 00046649, 00040238, 00040246, 00040253, 00046656, 00046664, 00415646, 00040279, 00040261, 00032599, 00464883, 00407866, 00286559, 00274456, 00411884, 55018790, and 00052548. Attached to this report are various sketches showing the proposed locations of the Easements and Temporary Work Room areas through the previously noted City owned lands. Staff has negotiated with Emera representatives and reviewed the desired easements and are satisfied with the consideration as well as the format of document to convey the necessary interests. The purpose of this report is to seek Council's support to grant to Emera the rights they seek to facilitate the construction of the natural gas pipeline. Agreements with respect to the crossings of public streets will be dealt with in separate reports and recommendations. ' u U lo I am I :-4 N [ "\ 1. That The City of Saint John enter into the "Option for Easement" agreement and, subsequently, the Easement Agreement with Emera Brunswick Pipeline Company Ltd. in the form and upon the terms and conditions attached to this report (M &C # 2007- 159) for properties having PID numbers: 55162093, 55024921, 00040238, 00040246, 00040261, 00305433, 55017719, 00035931, 00032599, 00464883, 00407866, 00408815, 00286559, 00429670, 00274456, 00411884, 55018790 and 00052548; 2. That The City of Saint John enter into a "Temporary Working Room" Agreement with Emera Brunswick Pipeline Company Ltd. in the form and upon the terms and conditions attached to this report (M &C # 2007- 159) for properties having PID numbers: 55024921, 0040170, 00046649, 00040238, 00040246, 00040253, 00046656, 00046664, 00415646, 00040279, 00040261, 00032599, 00464883, 00407866, 00286559, 00274456, 00052548, 00411884 and 55018790; and Report to Common Council Page 3 July 13, 2007 3. That the Mayor and Common Clerk be authorized to execute the Options for Easement and the Temporary Working Room Contracts. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terry Totten, FCA City Manager Attachments File No. SJ 708 NB PID 00i, OPTION FOR EASEMENT THIS AGREEMENT made the day of 12006 BETWEEN: THE CITY OF SAINT JOHN, a body corporate by Royal Charter, in the County of Saint John and Province of New Brunswick. (the "Grantor ") OF THE FIRST PART AND: EMERA BRUNSWICK PIPELINE COMPANY LTD. (the "Grantee ") OF THE SECOND PART WHEREAS: A. The Grantor is the registered owner of lands situate in the Province of New Brunswick more particularly described in Schedule "A" attached hereto, and hereinafter known as the Lands of the Grantor. B. The Grantee is in the business of natural gas pipeline construction, operation, transmission, and distribution, and is intending to construct a natural gas pipeline (the "Pipeline ") in the Province of New Brunswick. (1) IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT THE PARTIES AGREE AS FOLLOWS: GRANT OF RIGHTS AND PURCHASE PRICE 1. In consideration of the sum of Two Hundred and Fifty Dollars ($250.00) (the "Option Fee ") of lawful money of Canada now paid by the Grantee to the Grantor, the receipt and sufficiency of which is hereby acknowledged by the Grantor, the Grantor hereby grants to the Grantee an irrevocable option to purchase an unencumbered easement and rights in perpetuity for itself, its successors and assigns, to construct, maintain, replace and operate a natural gas Pipeline on, over, in, under and /or through a strip of land no more than thirty (30) metres in perpendicular width outlined in the sketch attached hereto as Schedule "B" (the Easement Lands ") across the Lands of the Grantor, together with the right to construct, maintain and operate any aboveground valves, meters and other appliances and fittings, devices for controlling corrosion, related communications systems, all for use in connection with the pipeline, for the transmission and distribution of natural gas, in accordance with the specimen easement agreement (the "Easement Agreement ") attached hereto as Schedule "C ". 2. (a) The consideration to be paid for the easement shall be approximately ) ($: )) of lawful money of Canada, subject to adjustment, at the rate of " ) ($^ D) per acre or _ I 100 ($: ,_ _ _._ J) per hectare of the Easement Lands, that area of which shall be calculated based on a plan of survey prepared by a qualified land surveyor at the Grantee's expense (the "Plan of Survey "). The final adjustment will be made on the Closing Date (as herein defined) in accordance with the area set out in the Plan of Survey and the adjusted purchase price for the easement (the "Purchase Price ") shall be set out in the Easement Agreement. (2) (b) At the time of entering into this Option for Easement, the Grantor shall have the option to choose whether compensation for the easement will be by one lump sum payment or by annual or periodic payments of equal or different amounts over a period of time. Paragraph 2(c) sets out the consideration under the lump sum payment, and Paragraph 2(d) sets out the consideration under the annual or periodic payments. At the time of execution of this Agreement, the Grantor should place their initials by eith8r Paragraph 2(c) or 2(d) to indicate their choice. LUMP SUM PAYMENT OPTION (Initial if this option chosen) (c) In the event the Grantor shall have chosen that the Purchase Price be paid by a lump sum payment, the Purchase Price shall be paid by cash, certified cheque or bank draft of the lawful money of Canada as follows: (i) n /100 ( now paid to the Grantor as the Initial Deposit which is a non - refundable deposit on account of the Purchase Price, the receipt of which is hereby acknowledged by the Grantor; (ii) a further deposit of I /100 ( -- -) paid to the Grantor on account of the Purchase Price by the Grantee upon delivery of the notice referred to in Paragraph 6 of this Agreement (Notice of Exercise of Option); and (iii) the balance of the Purchase Price shall be paid by the Grantee to the Grantor upon the Grantee's receipt of a registrable, valid and fully executed Easement Agreement free and clear of all encumbrances. (3) PERIODIC PAYMENT OPTION (Initial if this option chosen) (d) In the event the Grantor shall have chosen that the Purchase Price be paid by annual or periodic payments, the Purchase Price shall be paid by cash, certified cheque or bank draft of lawful money of Canada as follows: Dollars ($ now paid to the Grantor as the First Payment which is a non - refundable deposit on account of the Purchase Price, the receipt of which is hereby acknowledged by the Grantor; (ii) the balance of the Purchase Price shall be paid by the Grantee to the Grantor by annual payments of Dollars ($ ) per year for a period of nine (9) years, the remaining payments commencing thirty (30) days from the date of the recording at the Registrar of Deeds of a registrable, valid and fully executed Easement Agreement free and clear of all encumbrances, and continuing yearly on the anniversary of such date. (iii) the amount of compensation payable under this Paragraph [2(d)] shall be subject to review every five years at the option of either party to this Agreement by notice in writing to the other party. (4) MUTUAL AGREEMENT BETWEEN THE PARTIES 3. The Grantor authorizes the Grantee to have a qualified New Brunswick Land Surveyor prepare and register a Plan of Survey of the Easement Lands at the Grantee's expense. The Grantor and Grantee agree the legal description as prepared by the land surveyor shall be deemed conclusively to constitute the full, true and accurate description of the Easement Lands and such legal description shall be used in the Easement Agreement. 4. The Grantor agrees that the Grantee's surveyors, engineers, consultants and servants may enter on the Lands of the Grantor forthwith and at any time while this Agreement remains in effect for the purpose of performing soil tests, surveys, environmental and archaeological investigations. The Grantor further agrees that immediately following the giving by the Grantee of the notice referred to in Paragraph 6 hereof (Notice of Exercise of Option), that the Grantee shall have the immediate right in accordance with the terms of the Easement Agreement to enter and bring its equipment and equipment of its servants, agents and contractors upon the Easement Lands to construct and operate its Pipeline. It is understood and agreed that the Grantee shall pay compensation unto the Grantor for all damages suffered as a result of the operations of the Grantee and it being agreed that the amount of any compensation for damages payable herein shall be mutually agreed upon between the Grantor and Grantee but failing such agreement shall be settled by negotiation and /or arbitration proceedings pursuant to the National Energy Board Act, R.S.C., 1985, c.N -7. 5. The option contained in this Agreement shall be exercisable by the Grantee on or before 11:59 p.m. Atlantic Standard Time on the 31 st day of December, 2008 (the "Expiry Date "), subject to the Grantee obtaining all applicable regulatory approvals, or such later date as shall be agreed to in writing between the Grantor and Grantee (the "Extended Expiry Date "). 6. (a) This option may be exercised by the Grantee by letter known as the "Notice of Exercise of Option ", addressed to the Grantor or Grantors at the address as indicated on the front page of this document or such other address as the Grantor may designate in writing to the Grantee. The Notice of Exercise of Option may be delivered to the Grantor by hand or forwarded by registered mail or delivered by courier at any time before, but not after the Expiry Date, or Extended Expiry Date, if applicable; (5) (b) The option will be deemed exercised on the date (the "Exercise Date ") such notice is personally served on the Grantor (as proven by an executed Affidavit of Service), on the date delivered by a courier company to the Grantor or a person found at the Grantor's address who identifies themselves as a resident of that address or on a date 5 days from the date the notice was mailed by registered mail to the Grantor's address. (c) The Closing date shall be as specified in the letter forwarded by the Grantee as specified in Paragraph 6(a) (the "Closing Date "). 7. The Grantor shall_ on or before the Closing Date execute and deliver to the Grantee a good and valid Easement Agreement (with price and description amended as required) in the form attached hereto as Schedule "C" for registration at the Office of the Registrar of Deeds for the county where the Lands of the Grantor are situate in order to enable the Grantee to become the registered owner of such easement free and clear of all encumbrances and the Grantor covenants with the Grantee that the Grantor will execute such further and other assurances and documents of title in respect of the easement as may be reasonably required by the Grantee. (6) REPRESENTATIONS AND WARRANTIES 8. The Grantor covenants, represents and warrants that: (a) To the best of the Grantor's knowledge the Grantor has good and marketable title to the Easement Lands and that title to the Easement Lands will, on the Closing Date, be good and free from all encumbrances. For the purpose of this agreement, the presence of municipal services, or an easement for municipal services do not constitute an encumbrance on the Lands of the Grantor, provided they exist prior to the execution of this agreement. If prior to the Closing Date, any valid objection to title or to the fact the proposed use of the Easement Lands by the Grantee may not lawfully be undertaken is made in writing to the Grantor and which the Grantor is unable to remove, remedy or satisfy and which the Grantee will not waive, the Grantee, in its sole discretion, shall have the option whether to (i) declare this Agreement null and void in which event the deposit paid herein pursuant to Paragraph 2(c)(ii) shall be returned to the Grantee by the Grantor without interest and without liability by the Grantee for any expenses incurred or damages sustained by the Grantor; or (ii) to hold back all monies to be paid pursuant to Paragraph 2(c) or (d) until the Grantee is able to remedy the objections and the Grantor is able to give the easement over the Easement Lands free and clear of all encumbrances; (b) The Grantor has the right to convey the Easement Lands to the Grantee and that the Grantee shall have quiet possession of the Easement Lands free from all encumbrances from and after the Closing Date. (7) 9. The Grantee agrees to pay to the person(s) entitled thereto compensation for all damages suffered as a result of the operations of the Grantee and to indemnify such person(s) from all liabilities, damages, claims, suits and actions arising out of the operations of the Grantee other than liabilities, damages, claims, suits and actions resulting from gross negligence or willful misconduct of such person(s), it being agreed that the amount of compensation for damages payable herein shall be mutually agreed upon between the Grantee and such person(s) but failing such agreement shall be settled by negotiation and /or arbitration proceedings pursuant to the National Energy Board Act, R.S.C., 1985, c.N -7. GENERAL PROVISIONS 10. If the Grantor is not at the date hereof the sole owner of the Lands of the Grantor this option shall nevertheless bind the Grantor to the full extent of the Grantor's interest therein and if the Grantor shall later acquire a greater or the entire interest in the Lands of the Grantor, this option shall likewise bind all such after - acquired property. The Grantor shall be paid a proportion of the purchase price amount based on the proportional interest the Grantor has in the land. 11. The Grantor hereby acknowledges receipt of a notice pursuant to Section 87 of the National Energy Board Ac f, R.S.C., 1985, c. N- 7, prior to the signing of this Agreement. Grantor's Initial 12. This Agreement, including all covenants and conditions contained, shall extend to, be binding upon and enure to the benefit of the heirs, executors, administrators, successors and assigns of the Grantor and the Grantee respectively; and wherever the singular or masculine is used, it shall be construed as if the plural or the feminine or the neuter, as the case may be, has been used, where the context or the party or parties so require and the rest of the sentence shall be construed as if the grammatical and the terminological changes rendered necessary had been made. (8) 13. The Grantor, covenants to notify the upon any conveyance, sale or other or part of the Lands of the Grantor and address of the new owner(s). Grantee shall continue to make all Grantor. Grantee in writing forthwith transfer of any interest in all and shall provide the name Until such notification, the payments hereunder to the 14. The invalidity of any particular provision of this Agreement shall not affect any other provision of it, but the Agreement shall be construed as if the invalid provision had been omitted. 15. The parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatsoever for the better performance of the terms and conditions of this Agreement. 16. Grantor agrees to the registration of this option. The Grantee agrees to register this option in the Saint John County Registry Office. 17. Grantee agrees to remit H.S.T. as required. 18. Grantee acknowledges that if the Grantor is a HST registrant then the Grantee will include HST with the purchase price and the Grantor will give his /her HST number to the Grantee. (9) IN WITNESS WHEREOF the parties hereto have signed this Agreement under seal on the date shown above at Saint John in the County of Saint John, Province of New Brunswick. WITNESSED: WITNESSED: PER: THE CITY OF SAINT JOHN NORMAN MCFARLANE, MAYOR PER: PATRICK WOODS, COMMON CLERK EMERA BRUNSWICK PIPELINE COMPANY LTD. PER: PER: (10) GRANTEE GRANTEE SCHEDULE "A" r�710 Al 0r 7 ) lq":I:) S © SCHEDUL "S" \ NORTH / Is/( �E: 7C 1 -t () r O� PROPOSED EASEMENT TEMPORARY WORKING ROOM WATERCOURSE L/I /\iJs PREPARED DY DWG, NO, IREV, PS- 17,7 -- 00411884 & ) b %v.0r9 La �t Hann 17.7 Oats M 2k 2" — vljO Uo i Pula ON halo Lciy .\ 0 q SCHEDULE "C51 File No, SJ -708 NB PID 00/ EASEMENT AGREEMENT (NEW BRUNSWICK) THIS GRANT OF EASEMENT made the day of , 2006 BETWEEN: THE CITY OF SAINT JOHN, a body corporate by Royal Charter, in the County of Saint John and Province of New Brunswick. ( "the Grantor ") OF THE FIRST PART AND: EMERA BRUNSWICK PIPELINE COMPANY LTD. ( "the Grantee ") OF THE SECOND PART WHEREAS: A. The Grantor is the registered owner of lands situate in the Province of New Brunswick more particularly described in Schedule "A" attached hereto, and hereinafter known as the Lands of the Grantor. B. The Grantee is in the business of natural gas pipeline construction, operation, transmission, and distribution, and is intending to construct a natural gas pipeline (the "Pipeline ") in the Province of New Brunswick. (1) IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT THE PARTIES AGREE AS FOLLOWS: PURCHASE PRICE 1. The Grantee shall pay to the Grantor the sum of "A " L /100 Dollars ($" )) of lawful money or uariaua trine "Purchase Price "). The Grantor shall have been given the option to choose whether compensation for the easement will be one lump sum payment (Lump Sum Option) or by annual or periodic payments of equal or different amounts over a period of time (Periodic Payment Option). The Grantor has . chosen the Lump Sum Option / Periodic Payment Option (cross out the option which does not apply). LUMP SUM OPTION: (a) The Purchase Price, less any deposits which may have already been paid to the Grantor, shall be paid by the Grantee to the Grantor by one lump sum payment upon the Grantee's receipt of this executed Easement Agreement, free and clear of all encumbrances. For the purpose of this agreement, the presence of municipal services, or an easement for municipal services do not constitute an encumbrance on the Lands of the Grantor, provided they exist prior to the execution of this agreement. PERIODIC PAYMENT OPTION: (b) The Purchase Price, less any deposits which may have already been paid to the Grantor, shall be paid by the Grantee by annual payments of �- 7 Dollars ($', i per year Tor a period of ten (10) years, the first payment commencing on the thirtieth (30th) day following the recording at the Registrar of Deeds of this executed Easement Agreement, free and clear of all encumbrances, and continuing yearly on the anniversary of such date. The amount of compensation payable hereunder shall be subject to review every five years at the option of either party to this Agreement by notice in writing to the other party. (2) GRANT OF RIGHTS TO THE GRANTEE 2. The Grantor does HEREBY GRANT, TRANSFER AND CONVEY to the Grantee, for itself, its successors, assigns, employees, agents, servants and licensees, an easement and rights in perpetuity: (a) to use that portion of the Lands of the Grantor described in Schedule "B" attached hereto (the "Easement Lands ") as may be necessary for an easement on, over, under and through the Easement Lands for the purpose of entering, excavation, laying down, construction, installing, operating, maintaining, inspecting, patrolling (including aerial patrol), altering, removing, replacing, reconstructing and repairing an underground natural gas pipeline with any aboveground valves, meters and other appliances and fittings, and devices for controlling corrosion, all for use in connection with such pipeline, for the transmission and distribution of natural gas, and to have the right of ingress and egress at any and all times over, along, across and upon the Easement Lands; (b) in cases of emergency, to have the right of access to and from the Easement Lands at any and all times over, along, across and upon the Lands of the Grantor. If the Lands of the Grantor were disturbed or altered in any way by the Grantee in the process of accessing the Easement Lands, the Grantee shall reinstate the subject portion of the Lands of the Grantor at the Grantee's expense; (c) to clear the Easement Lands and keep it cleared of any trees, growth, buildings, structures or obstructions which in the opinion of the Grantee in its sole and absolute discretion, acting reasonably, may interfere with any rights granted to the Grantee as specified herein; (d) Subject to prior notification where possible to enter upon the Lands of the Grantor to obtain access to the Easement Lands by foot, vehicle, equipment, aerial patrol as may be reasonably necessary, in the opinion of the Grantee, acting reasonably for the purpose of construction, operation, maintenance, repair and replacement of the pipeline; (e) to install, maintain and use gates in all fences which now or hereinafter shall cross the Easement Lands; (f) to install and maintain legal survey posts to mark the boundaries of the Easement Lands and warning signs to indicate the location of the Pipeline; and (3) (g) generally to do all acts reasonably necessary or incidental to the business of the Grantee in connection with the Pipeline. TERMINATION 3. (a) In the event the Grantee shall not have commenced operations upon the Lands of the Grantor for the laying of the Pipeline within five (5) years from the date hereof, this easement and rights, hereby granted shall terminate, the Grantee shall cease making payments as set out in Paragraph 1(b) (Periodic Payment Option), and the Grantee agrees to execute and file such documents as may be necessary to effect a termination of its rights and interests in the Lands of the Grantor under this Agreement. (b) Furthermore, the Grantee may at any time for any reason whatsoever, at its election on notice in writing to the Grantor, terminate this Agreement and the same thereafter shall be of no further effect; ALWAYS PROVIDED, HOWEVER, that upon any such termination, the Grantee, if this Agreement shall then have been registered, shall at its own expense procure a discharge of the same. (c) If the Grantee shall have abandoned the Pipeline the Grantee may, if it so elects, leave the Pipeline or any part of it in place, however if it elects to remove the Pipeline, it will restore the surface of the Easement Lands to the same condition so far as may be practicable, as it was prior to the entry and use of the Grantee.. DUTIES OF THE GRANTOR 4. The Grantor covenants and agrees with the Grantee: (a) not to knowingly do or permit to be done anything which may, in the opinion of the Grantee, interfere with or damage the Pipeline or impair the operation of the Pipeline; (b) not to store or use any inflammable substance or to burn or permit the burning of anything on the Easement Lands; (4) (c) not to make, place, erect, operate, use or maintain any buildings, structure, foundation, pavement, excavation, well, swimming pool, pile of material, obstruction, detention or retention pond, equipment, or to plant any growth upon, the Easement Lands, which in the reasonable opinion of the Grantee, may: (i) interfere with or endanger the Pipeline or the installation, operation, maintenance, removal, repair or replacement of the Pipeline; or (ii) obstruct access by the Grantee's employees, agents, contractors and subcontractors to the Pipeline; or (iii) create any hazard by its operation, use and maintenance or existence on the easement; (d) subject to Paragraph 4(c), not to cultivate the ground inside the Easement Lands where it would disturb more than three tenths of a metre of ground below the initial grade or reduces the total cover over the pipe; (e) not to construct or permit to be constructed, across, on, along or under the Easement Lands any structure, highway, private road, railway, irrigation ditch, drain, drainage system, sewer, dike, telegraph, telephone line or line for the transmission of hydro- carbons, power or any other substance that is to be carried across, along, or upon the Easement Lands or excavate using power- operated equipment or explosives on the easement or within thirty (30) metres of the Easement Lands without the prior written consent of the Grantee, which consent shall not be unreasonably withheld; (f) not to operate or permit to be operated a vehicle or mobile equipment across, on or along the Easement Lands without the prior written consent of the Grantee unless the vehicle or mobile equipment is operated within the traveled portion of a highway or public road, which consent is not to be unreasonably withheld; (g) not to do or knowingly permit to be done any work or prospecting for mines or minerals on the Easement Lands or within forty (40) metres therefrom without the leave of the National Energy Board and without the prior written consent of the Grantee; (5) DUTIES OF THE GRANTEE 5. The Grantee covenants and agrees with the Grantor: (a) to pay compensation to the Grantor for all damages suffered as a result of the operations of the Grantee; (b) to indemnify the Grantor from all liabilities, damages, claims, suits and actions arising out of the operations of the Grantee other than liabilities, damages, claims, suits and actions resulting from gross negligence or willful misconduct of the Grantor; (c) that it shall, as soon as weather and soil conditions permit and where practicable to do so, bury and maintain all pipe and other installations so as not interfere unreasonably with the drainage or ordinary cultivation of the Lands of the Grantor. 6. The amount of any compensation for damages payable under Paragraph 5 herein shall be mutually agreed upon between the Grantor and Grantee but failing such agreement shall be settled by arbitration proceedings pursuant of the National Energy Board Act R.S.C., 1985 c. N -7. GENERAL PROVISIONS 7. The Grantor agrees to notify tenant(s) and /or licensee(s) of the Easement Area of this Agreement and will take all reasonable steps to ensure that any such tenant(s) and /or licensee(s) shall not interfere with the privileges herein and the Grantor agrees to pay any monies due to the tenants and /or Licensees under this Agreement. 8. The Grantee agrees to pay to the person(s) entitled thereto compensation for all damages suffered as a result of the operations of the Grantee and to indemnify such person(s) from all liabilities, damages, claims, suits and actions arising out of the operations of the Grantee other than liabilities, damages, claims, suits and actions resulting from gross negligence or willful misconduct of such person(s), it being agreed that the amount of compensation for damages payable herein shall be mutually agreed upon between the Grantee and such person(s) but failing such agreement shall be settled by negotiation and /or arbitration proceedings pursuant to the National Energy Board Act, R.S.C., 1985, c.N -7. (6) 9. Subject to Paragraph 3, and notwithstanding any rule of law or equity, the Pipeline brought onto, and /or constructed upon or buried in or under the Easement Lands by the Grantee shall remain the property of the Grantee notwithstanding that the same may be annexed or affixed to the freehold and shall at any time and from time to time be removable in whole or in part by the Grantee, its successors and assigns. 10. In performing and observing the covenants and conditions on its part to be performed and observed, the Grantee shall and may peaceably hold and enjoy the rights, liberties, privilege and easements granted without hindrance, molestation or interruption by the Grantor or any person claiming by, through, under or in trust for the Grantor. 11. This Agreement shall not affect or prejudice the Grantee's statutory rights, present or future, to acquire the Easement Lands or any other portion of the Lands of the Grantor as may be provided by law, which rights the Grantee may exercise in its discretion. 12. In the event that the Grantor requests a change in the location of the said pipeline for the purpose of repairing, relying, installing or maintaining municipal services currently located (or planned to be located) in the Easement Lands, the Grantor shall give written notice to the Grantee specifying the location of the proposed change and such change shall be made by the Grantee within a reasonable time at the expense of the Grantor, subject to relocation provisions applicable under s45 and s46 of the National Energy Board Act. 13. Nothing in this Agreement shall be deemed to vest in the Grantee any title to mines, ores, metals, coal, slate, oil, gas or other minerals in or under the Easement Lands, except only the parts thereof that are necessary to be excavated, carried away or used in the construction of the Pipeline. 14. If at the date hereof the Grantor is not the sole owner of the Easement Lands, this Agreement shall nevertheless bind the Grantor to the full extent of his or her interest, this Agreement shall likewise extend to such after - acquired interests. 15. This Agreement shall be construed as running with the lands hereof and shall extend to and be binding upon and enure to the benefit of the heirs, executors, administrators, successors -in -title and assigns of the parties. (7) 16. This easement and rights are appurtenant to and for the benefit of the dominant tenement, being the lands of the Grantee as described in the Indenture recorded at the Registry of Deeds for the County of on , 19 in Book at Page as document number 17. Whenever the singular or masculine is construed as if the plural or the feminine or the may be, had been used, where the context or so require, and the rest of the sentence shall the grammatical and terminological changes necessary had been made. used, it shall be neuter, as the case the party or parties be construed as if thereby rendered 18. All notices to be given pursuant to this Agreement shall be by registered letter or couriered letter to the addresses, shown on the first page of this Agreement, or such other address as the parties may respectively from time to time designate in writing, and any such notice shall be deemed to have been given to and received by the addressee five (5) days after the mailing thereof, postage prepaid and registered. 19. The Grantor covenants to notify the Grantee in writing of any conveyance, sale or other transfer of any interest in all or part of the Lands of the Grantor and shall provide the name and address of the new owner(s). Until such notification, the Grantee shall continue to make all payments hereunder to the Grantor. 20. The invalidity of any particular provision of this Agreement shall not affect any other provision of it, but the Agreement shall be construed as if the invalid provision had been omitted. 21. The Grantor hereby acknowledges receipt of a notice pursuant to Section 87 of the National EnerqV Board Act R.S.C., 1985 c. N -7, prior to the signing of this Agreement. 22.The parties agree that each of them shall, upon reasonable request of the other, do or cause to be done all further lawful acts, deeds and assurances whatsoever for the better performance of the terms and conditions of this Agreement. 23. Grantor agrees to the registration of this Easement Agreement. 24. Grantee agrees to remit H.S.T. as required. 25. Grantor acknowledges that if the Grantor is a HST registrant then the payment made includes HST and the Grantor will give his /her HST number to the Grantee. (8) The parties have signed this Agreement under seal on the date shown above at in the County of Province of New Brunswick. WITNESS WITNESS WITNESS WITNESS CITY OF SAINT JOHN PER: NORMAN MCFARLANE, MAYOR PER: PATRICK WOODS, COMMON CLERK EMERA BRUNSWICK PIPELINE COMPANY LTD. PER: GRANTEE PER: GRANTEE (9) PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, PATRICK WOODS, of the. City of Saint John, in the County of Saint John, in the Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS: 1. 1 am the Common Clerk of THE CITY OF SAINT JOHN, the Grantor named in the within Option, and have custody of the Common Seal thereof. 2. The Seal affixed to the said Option is the Common Seal of the said THE CITY OF SAINT JOHN, and it was so affixed to the said Option by Order of the Common Council of the said City. 3. The Signature "Norman McFarlane" subscribed to the said Option is the signature of Norman McFarlane, Mayor of the said City, and the signature "Patrick Woods" thereto is my own signature. 4. We are the proper officers having authority to execute the foregoing Option on behalf of THE CITY OF SAINT JOHN. SWORN TO at the City of ) Saint John, in the County of ) Saint John, and Province of ) New Brunswick, this day ) of 12006. ) BEFORE ME: ) )PATRICK WOODS A COMMISSIONER OF OATHS ) BEING A SOLICITOR PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, of the Town of in the County of and Province of MAKE OATH AND SAY THAT: 1. 1 have personal knowledge of the matters and things hereinafter deposed to, and I am of the full age of nineteen years. 2. 1 am employed by Emera Brunswick Pipeline Company Ltd., named in the foregoing instrument, and as such have personal knowledge of the matters herein deposed to. 3. 1 was personally present and did see the within Option for Easement Agreement duly executed by ROBIN MCADAM, as Vice President of the said Emera Brunswick Pipeline Company Ltd. 4. The said Robin McAdam appeared to be the full age of nineteen years. 5. 1 am a subscribing witness to the said instrument. SWORN TO at the City of Saint John, in the County of Saint John and Province of New Brunswick, this day of 12006 BEFORE ME: COMMISSIONER OF OATHS ) PID # 00A File # SJ -708 TEMPORARY WORKING ROOM CONTRACT THIS AGREEMENT made the day of 12006 BETWEEN: CITY OF SAINT JOHN P. O. Box 1971 Saint John, NB E2L 4L1 (the "Owner ") OF THE FIRST PART AND: EMERA BRUNSWICK PIPELINE COMPANY LTD. ( "EBPC ") OF THE SECOND PART WHEREAS: A. The Owner is the registered owner of lands situate in the Province of New Brunswick known as PID# 00i i the City of Saint John, in the County of Saint John hereinafter known as the Lands of the Owner. B. EBPC is in the business of natural gas pipeline construction, operation, transmission, and distribution, and is intending to construct a natural gas pipeline (the "Pipeline ") in the Province of New Brunswick. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED IN THIS AGREEMENT THE PARTIES AGREE AS FOLLOWS: 1. The Owner, representing and warranting that the City of Saint John is the sole and absolute owner of the Lands of the Owner, IN CONSIDERATION of the sum of ` Dollars ($. 0) of lawful money of Canada now paid by EBPC to the Owner, by cash, certified cheque or bank draft, the receipt and sufficiency of which is hereby acknowledged by the Owner, hereby authorizes EBPC, its servants, agents, employees, contractors, and sub - contractors to have the privileges as set out herein. 2. EBPC shall have the privilege at any time and from time to time during the term of this Agreement to enter upon, use and occupy that portion of the Lands of the Owner shown as Temporary Work Room on the property sketch attached hereto as Schedule "A" (the "Working Area "), which is immediately adjacent and abutting the lands shown on the property sketch as the proposed Easement, (the "Easement Lands "), for any purpose incidental to,, or that EBPC may require in conjunction with, the construction by or on behalf of EBPC of the proposed natural gas Pipeline and appurtenances on the Easement Lands as shown on the property sketch attached hereto as Schedule "A ". 3. Without limiting the generality of the foregoing, EBPC shall have the privilege to make temporary openings in any fence along or across the Working Area and to remove any other object therein or thereon interfering with EBPC's free and full enjoyment of the privileges hereby authorized and further including the right of surveying and placing, storing , leveling and removing earth, dirt, fill stone, debris of all kinds, pipe, supplies, equipment, vehicles and machinery and the movement of vehicles, machinery and equipment of all kinds on or over or under the Working Area. 4. The term of this Agreement shall be for a period of twenty -four (24) months from the date of commencement of construction of the Pipeline on the Easement Lands. 5. EBPC agrees to pay to the person(s) entitled thereto compensation for all damages suffered as a result of the operations of EBPC and to indemnify such person(s) from all liabilities, damages, claims, suits and actions arising out of the operations of EBPC other than liabilities, damages, claims, suits and actions resulting from gross i negligence or wilful misconduct of such person(s), it being agreed that the amount of compensation for damages payable herein shall be mutually agreed upon between EBPC and such person(s) but failing such agreement shall be settled by arbitration proceedings pursuant to the National Energy Board Act, R.S.C., 1985, c. N -7. 6. As soon as reasonably practical after completion of the construction of the Pipeline, EBPC at its own expense will remove construction debris from the Working Area and restore the Working Area to its former state so far as is reasonably practical, save and except for items in respect of which compensation is due under paragraph 5, and EBPC will also restore any gates and fences interfered with around the Working Area as closely as reasonably practical to the condition in which they existed immediately prior to such interference by EBPC. 7. All notices to be given pursuant to this Agreement shall be by registered letter or couriered letter to the following addresses, or such other addresses as the parties may respectively from time to time designate in writing, and any such notice shall be deemed to have been given to and received by the addressee five (5) days after the mailing thereof, postage prepaid and registered: Owner: The City of Saint John Address: P. O. Box 1971, Saint John, NB E21- 4L1 Phone: 506- 649 -6000 Fax: 506 - 632 -6120 Emera Brunswick Pipeline Company Ltd.: Attention: Address: 40 Wellington Row 2nd Floor Saint John NB E21- 31-13 Phone: 506 - 693 -6770 Fax: 506 - 693 -8929 8. The Owner agrees to notify any potential purchasers of the Lands of the Owner of the existence of this Agreement and agrees to notify EBPC in writing forthwith upon any conveyance, sale or other transfer of any interest in all or part of the Lands of the Owner and provide the name(s) and address(es) of the new owner(s). 9. The Owner agrees to notify any tenants(s) and /or licensee(s) of the Working Area of this Agreement and will ensure that any such tenant(s) and /or licensee(s) shall not interfere with the privileges herein. 10. The undersigned spouse of the Owner hereby consents to this Agreement. The parties have signed this agreement under seal on the day of , 2006, in Saint John, New Brunswick. WITNESS WITNESS CITY OF SAINT JOHN PER: PE EMERA BRUNSWICK PIPELINE COMPANY LTD, PER: WITNESS EBPC Q \NORTH SCHEDUL "Al NsI(�C 7f TEMPORARY WORKING ROOM WATERCOURSE e) r L/ n1J .RED UY I I APPROVED ` AZ, Q 4 o DWG. NO, PS- 17,7- 00411884 17.7 - Dole u 1k 2" - 99J ym De ml Ponta Dy Naia pcl �r lT 0 ni.9. NORTH HEDULE "B" s*� O T PID 55020259 STRESCON LTD. �0 , ce QO Q� ALL DIMENSIONS ARE IN METRES. OWNER; CITY OF SAINT JOHN PID; 55024921 APPROXIMATE AREA OF PERMANENT EASEMENT: 0.3468 hot (0.8570 Acraal) WIDTH OF PERMANENT EASEMENT: 30m (99) APPROXIMATE CENTREUNE LENGTH OF PERMANENT EASEMENT: 115m1 (37011) - APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0.1749 hot (0.4323 Acrasl) CREE1- NOTF, THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPELINE COMPANY LTD. IFrFND PID PARCEL IDENTIFIER PROPERTY LINE HIGHWAY BOUNDARY PROPOSED EASEMENT ON ADJACENT PROPERTY PROPOSED EASEMENT ® TEMPORARY WORKING ROOM WATERCOURSE EMERA BRUNSWICK PIPELINE erQ COMPANY LTD. ` T � , = Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 55024921 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA PROJECT NO. - DRAWN V.J.D. CHECKED PREPARED BY APPROVED SHY. DWG. NO. REV PS -13.9- 55024921 La7w1 Hamm 13.0 Data: .M 27. 2000 - W.2ean nb. ml aortae Or Dan a scram 0? e'�`� ALL DIMENSIONS ARE IN METRES. OWNER: CITY OF SAINT JOHN PID: 00052548 APPROXIMATE AREA OF PERMANENT EASEMENT, 10.1354 hOf (25.0450 Acrest) WIDTH OF PERMANENT EASEMENT: 30m (99') APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: 3364m± (11037'f) APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 16746 hof ( 6.6091 Acresi) lHIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT DE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA 0QUN6WICK PIPELINE COMPANY LTD. I FfFNn MO PARCEL IDENTIFIER PROPERTY UNE HIGHWAY BOUNDARY PROPOSED EASEMENT ON -- ADJACENT PROPERTY. PROPOSED EASEMENT TEMPORARY WORKING ROOM WATERCOURSE 40. DESCRIPTION DATE EMERA BRUNSWICK PIPELINE a.(' �] COMPANY LTD. ` T *3- Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 00052548 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA PROJECT NO DRAWN V.J.D. CHECKED �QqI PREPARED 6Y APPROVED •.arm srli. owc. NO. REV. PS -16,0- 00052548 12), 90.7."% Lay l Nmei 10.0 Dale Aft 10, 2007 1 11106M oaam.nt SCHEDU --' PID 00052548 CITY OF SAINT JC PDF created i 39 i•n} #�, I \ \ I ) ALL DMEN51ONS ARE I1 MEIRES OWNER: CITY OF SAINT JOHN PIO: ODD5250 APPROXIMATE AREA OF PERMANENT EASEMENP. 9.9623 hot (24.6168 Aawt) NO. DESCRIPTION DATE VADTH OF PERMANENT EASEMENT: 30m (991) EMERA APPROXIMATE CENTRELM EENOIH OF PERMANENT EASEMENT: - 3310m! (1095° t) APPROXIMATE AREA OF TEMPORARY WORKING ROW: BRUNSWICK PIPELINE COMPANY LTD. 'fir p Atlantic Gas Engineers 2.4389 hca ( 6.0265 Aam) BRUNSWICK PIPELINE MIIDOaINIT DOES NOT PENESENT A MOAL MVCY MW SNaxn MrT Ke PROPERTY SKETCH USED FOR N ARY aT1N" OR 0011 NG PBRPOS£S MD a DNLY NIENOEO fOR TIE USE OF INE DLEM 9RUNSYACK PPELINE CCMPMY Lm PID 00052548 CITY OF SAINT JOHN SAINT JOHN COUNTY - IEGERQ NEW ORUNSIOM CANADA Pp PMCEI IDENWR PIMP w LINE VATS 011 O j27 SCALE :3OW HIGHWAY I K)NDMY ___ PROPOSED EASEMENT ON ADJACENT PROPERLY PROJECT NO. DRAYM Y.JD. CHECKED - PRO�OSCD V.IDIENT ® DWORMY "KING RO �--- WA1FA0� PREPARED BY APPRo" SNT. OWG N0. PS- 16.0 - 000525488 REV. PDF created © SCHEDUL T NORYhI , / / / / PID 00052548 O� `79X / / CITY OF SAINT JOHN i i i ALL DIMENSIONS ARE IN METRES. OWNER: CITY OF SANT JOHN PID: 00411884 APPROXIMATE AREA OF PERMANENT EASEMENT. 0.3832 hot (0.8975 Acres#) WIDTH OF PERMANENT EASEMENT: 30m (99') APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: i 120mt (394't) APPROXIMATE AREA OF TEMPORARY WORKING ROOM: - 0,1554 hof (0,3839 Acreet) THIS DOCUMENT DOES NOT REPRESENT A EYING SURVEY AND SHOOED NOT BE INTENDED FOR BOUNDARY DEFINITION TH OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRVNSWiCX PIPELINE COMPANY LTD. IFOFND PID - PARCEL IDENTIFIER PROPERTY LINE HIGHWAY BOUNDARY PROPOSED EASEMENT ON .ADJACENT PROPERTY �•�" PROPDSED EA5EMENT TEMPORARY WORKING ROOM WATERCOURSE PID 00411884 CITY OF SAINT JOHN PID 55018790 CITY OF SAINT JOHN EMERA (� BRUNSWICK PIPELINE c�T',j��� COMPANY LTD. Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 00411884 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA DATE 06/06/27 1 SCALE 1'2000 PROJECT N0. DRAM BJ,O. GHECKEO I PREPARED BY- IAPPROVOU �j a- 6 �=Elxdo PS- 17,7 -- 00411884 I op ��2 i i AU OWNER: CITY OF SAINT JOHN PID: 55018790 APPROXIMATE AREA OF PERMANENT EASEMENT: 0.0550 hat (0.1359 Acres±) WIDTH OF PERMANENT EASEMENT: APPROXIMATE CENTERLINE LENGTH OF PERMANENT EASEMENT: 18M± (59'1) APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0.0365 haf (0.0902 Acreet) nits DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWCK PIPEUNE COMPANY LTD. D PARCEL IDENTIFIER R ID PROPERTY LINE HIGHWAY BOUNDARY -- PROPOSED EASEMENT ON ADJACENT PROPERTY PROPOSED EASEMENT ® TEMPORARY WORKING ROOM ��. WATERCOURSE EMERA BRUNSWICK PIPELINE J^ COMPANY LTD, CTI C Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 55018790 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA DATE 06/00/27 SCALE 1:2000 PROJECT N0. DRAWN V.J.D. CHECKED . A/ a-p. n PREPARED BY APPROVED eu SHT. DWG. NO. REV. PS -17.7- 55018790 to 19.B +p Lop t Nano 17.7 (2) Wt4 10, ]Opp &07am Docvmpnt PriniM BY 5 ✓rl Molt . A� I \ NORTH =J� \ \ o a. N � 1 I OWNER: CITY OF SAINT JOHN PID: 00040170 _PID 00040170 CITY OF SAINT JOHN PID 00415208 CITY OF SAINT JOHN APPROXIMATE AREA OF PERMANENT EASEMENT: 0 ha* (0 Acres±) WIDTH OF PERMANENT EASEMENT: Om± (0' ±) APPROXIMATE CENTREUNE LENGTH OF PERMANENT EASEMENT: om± (0•t) APPROXIMATE AREA OF TEMPORARY WORKING ROOM; 0.1231 ha± (0,3042 Acres±) u mt THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA aRUNSMCK PIPELINE COMPANY LTD. I F :FNn p10 PARCEL IDENPHER PROPERTY LINE HIGHWAY BOUNDARY PROPOSED EASEMENT ON ADJACENT PROPERTY PROPOSED EASEMENT ® TEMPORARY WORKING ROOM WATERCOURSE EMERA BRUNSWICK PIPELINE a�-p COMPANY LTD, C T 1 `- Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 00040170 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA DATE 06/06/27 SCALE i:J000 PROJECT NO. — DRAWN V.J.D. CHECKED PREPARED BY APPROVED Z I REV. 2ue pui NO, 70 IQNdx Dee ~l P b kad BK N yzq•.() I i \\ \ HE ' \ VRTH \ \ y/ PID 00415208 \ CITY OF SAINT JOHN E �\ P�4•�J \ \\ \\ CITY PIDF0041 JOHN 220 CITY I OF SAINT JOHN \ so \ a2� 0 woe / r PID 00040238 CITY OF SAINT JOHN y � / ALL DIMENSIONS ARE IN METRES. OWNER: CITY OF SAINT JOHN PID: 00048649 APPROXIMATE AREA OF PERMANENT EASEMENT: 0.0000 hat (D.0000 Acres±) WIDTH OF PERMANENT EASEMENT: Omt (0't) APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: Omf (0't) APPROXIMATE AREA OF TEMPORARY WORKING ROOM, 0.0163 hat (O.04U2 Acres ±) um THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICX PIPEJNE COMPANY LTD. I FQFND PID PARCEL IDENTIFIER PROPERTY LINE HIGHWAY BOUNDARY PROPOSED E SEMENY ON ADJACENT PROPERTY PROPOSED EASEMENT ® TEMPORARY WORKING ROOM -1 WATERCOURSE - +cRRAOE EMERA BRUNSWICK PIPELINE COMPANY LTD, Atlantic Gas E BRUNSWICK PIPELINE PROPERTY SKETCH PID 00046649 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA DAIS OB/00/27 SCALE 1:2000 PROJECT NO. — DRAWN I V.J.D. IGHECKED I PREPARED BY U�, 14�. 'APPROVED VJ.e DWG, N0, Y, PS- 20.5 - 00046649 12.K T«,4 \JORTH If \ 3p L �o App /0Ir \�0q0 GL ` I 1P / yQP ALL DIMENSIONS ARE IN METRES. OWNER: CITY OF SAINT JOHN PID: 00040238 APPROXIMATE AREA OF PERMANENT EASEMENT, 0.0355 ha3 (0.0877 Acreat) WIDTH OF PERMANENT EASEMENT: 17mi APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: 21mi (69'1) - APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0.0050 hat (0.0124 Acreat) THISDOCUMENT DOES NOT REPRESENT A LEGA4 SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITON OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPELINE COMPANY LTD. LE.CLEryQ PIO PARCEL IDENTIFIER PROPERTY LINE HIGHWAY BOUNDARY PROPOSED EASEMENT ON ADJACENT PROPERTY PROPOSED EASEMENT ® TEMPORARY WORKING ROOM —�� - WATERCOURSE / `]` PID 00415208 CITY OF SAINT JOHN PID 1 ITY OF PID 00040246 Y OF SAINT JOHN JOHN ���FRRAC� OA EMERA BRUNSWICK PIPELINE COMPANY LTD. Atlantic Gas E BRUNSWICK PIPELINE PROPERTY SKETCH PID 00040230 CITY OF SAINT JOHN SAINT JOHN COUNTY 14EW BRUNSWICK, CANADA 1:2000 PROJECT NO. DRAWN V.J.D. CHECKED,A PREPARED BY I JAPPROVED NO. PS- 20.5- 00040238 w IW6 - aimpm D�mi Pixuc ey u 0lo `I2q I i i i SCH \ NORTH I \ A / OF,O�kf. / AQ ALL DIMENSIONS ARE IN METRES. OWNER: CITY OF SAINT JOHN PID: 00040246 APPROXIMATE AREA OF PERMANENT EASEMENT: 0.0296 hot (0.0736 Acreet) 13m* (g03F'*�ERMANENT EASEMENT. APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: 21mt (69'3) APPROXIMATE AREA OF TEMPORARY WORRING'ROOM: 0.0212 hat (0.0522 Acres ±) RID 00415206 CITY OF SAINT JOHN 23 I PID 00040238 ITY OF SAINT JOHN PID 00040246 / CITY OF SAINT JOHN THHIISEDOCOMENT DOES NOT REPRESENT A LEGAL SVRVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPELINE COMPANY LTD, LrrF PID CEL IDENTIFIER PROPERTY LINE HIGHWAY BOUNDARY PROPOSED EASEMENT ON L ADJACENT PROPERTY PROPOSED EASEMENT ® TEMPORARY WORKING ROOM WATERCOURSE 10 EMERA BRUNSWICK PIPELINE COMPANY LTD. kin TERRNOE ON PS- 20.5- 00040246 n -1 ?'v Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 00040246 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA DATE 06/06/27 SCALE 1:2000 PROJECT NO, _ DRAWN - V,%LD. CHECKED PREPARED BY APPROVED %-o -6 ENT, , DWC, N0, PS- 20.5- 00040246 n -1 ?'v i \ \ \ \ NORTH \ 30 CITY I OFC SAIN T 53 "' 4 \ ON hw ALL DIMENSIONS ARE IN METRES OWNER: CITY OF SAINT JOHN PID: 00040253 APPROXIMATE AREA OF PERMANENT EASEMENT: 0,0000 hof (0.0000 Aorawk) WIDTH OF PERMANENT EASEMENT: om� (o' ±), APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT. Omt (0't) APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0.0160 haf (0.0444 Aereet) NOTE THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPEUNC COMPANY LTD,. �R PID PARCEL IDENTIFIER PROPERTY LINE HIGHWAY BOUNDARY PROPOSED EASEMENT ON ADJACENT PROPERTY Op� PROPOSED EASEMENT .TEMPORARY WORKING ROOM ---��_ WATERCOURSE Gi \ PIA 00415208 CITY OF SAINT JOHN PID 00040246 Y OF SAINT JOHN ON — tcRRpCE EMERA d BRUNSWICK PIPELINE "�` COMPANY LTD. Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 00040253 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA DATE 06/06/27 SCALE u2000 PROJECT N0, DRAWN V "W' CHECKED PREPARED BY APPROVED . ar SHT. OWG. NO. REV. PS- 20.5 -- 00040253 41 Noma m.ou (2) o.la " 25, 2ma - suipm oeo k pmyw Rn Maw awy. rt N / c / / G ALL DIMENSIONS ARE IN METRES. OWNER: CITY OF SAINT JOHN PID: 00415646 APPROXIMATE AREA OF PERMANENT EASEMENT: 0 hat (0 Acres ±) WIDTH OF PERMANENT EASEMENT: Om± (0' ±) APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: Om± (0' ±) APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0.0037 ha± (0.0091 Acres ±) NDTE: THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPELINE COMPANY LTD. LEGEN PID PARCEL IDENTIFIER PROPERTY LINE HIGHWAY BOUNDARY 'PROPOSED EASEMENT ON ADJACENT PROPERTY PROPOSED EASEMENT ® TEMPORARY WORKING ROOM ��. WATERCOURSE 52 to PID 00415208 CITY OF SAINT JOHN 00046664 SAINT JOHN (1 n A 1 G G A C OA�OTE� EMERA BRUNSWICK PIPELINE COMPANY LTD., Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 00415646 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA aa/u.ico I 1:2000 PROJECT NO. DRAWN P.S.A. CHECKED PREPARED BY e000nvro /i _....I REY. PS -20.5- 00415646 Laµt Nan. 20.52 (5) Dole . l as. 2O 772"m Da m,M pthtW ay. [� SIC mi l / ALL DIMENSIONS ARE IN METRES. OWNER: CITY OF SAINT JOHN PID: 00040279 APPROXIMATE AREA OF PERMANENT EASEMENT: 0.0000 hat (0.0000 Acres±) WIDTH OF PERMANENT EASEMENT: Om± (O' ±) APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: Om± (O' ±) APPROXIMATE AREA OF TEMPORARY WORKING ROOM; 0.0069 ha± (0.0170 Acres ±) NOTE: THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPELINE COMPANY LTD. PID 00415208 CITY OF SAINT JOHN oA��TE� I NO. I DESCRIPTION - I DATE EMERA BRUNSWICK PIPELINE COMPANY LTD. LEGENi2 PID PARCEL IDENTIFIER DATE PROPERTY LINE HIGHWAY BOUNDARY PROJECT NO. PROPOSED EASEMENT ON ADJACENT PROPERTY DRAWN PROPOSED EASEMENT PREPARED BY ® TEMPORARY WORKING ROOM SHT. ------ WATERCOURSE N w 20.52 Atlantic Gas Engine BRUNSWICK PIPELINE PROPERTY SKETCH PID 00040279 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA 06/07/26 1 SCALE 1 :2000 P.S.A. CHECKED -h PS- 20.5- 00040279 !PM - e:21Vm De mnl Pmlw sn wtw N48 i I i i I I \ NORTH \ 0041 CITY SAI. A \�0 d Qo �o ,kl VO Q h Y'130 // Tk ALL DIMENSIONS ARE IN METRES. OWNER: CITY OF SAINT JOHN PID: 00046664 APPROXIMATE AREA OF PERMANENT EASEMENT: 0 hat (0 Acres±) WIDTH OF PERMANENT EASEMENT: Om± (0'±) APPROXIMATE CENTREUNE LENGTH OF PERMANENT EASEMENT: Om± (0'±) APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0.0157 ha± (0.0387 Acres±) - NMI THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPELINE COMPANY LTD. LESEHI2 PID PARCEL IDENTIFIER PROPERTY LINE HIGHWAY BOUNDARY PROPOSED EASEMENT ON ADJACENT PROPERTY PROPOSED EASEMENT ® TEMPORARY WORKING ROOM �-'-� WATERCOURSE 0o mnl Rwmw L\PR0XC1S \2606 \06704 MNP \Eeq\PrWwly 50t0&\PS -KP W 16 t0 PID 00415208 CITY OF SAINT JOHN PID 00046656 TY OF SAINT JOHN PID 00046664 CI OF SAINT JOHN m TcaRACE EMERA BRUNSWICK PIPELINE COMPANY LTD. Atlantic Gas E BRUNSWICK PIPELINE PROPERTY SKETCH PID 00046664 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA DATE 06/07/26 SCALE PROJECT NO. — DRAWN P.S.A. CHECKED PREPARED BY APPROVED SHT. DWG. N0. REV. PS- 20.5- 00046664 Lapel None: 20.62 (4) DOW .LI 25. 2Po6 - 6:24pm D"Umnl PM1tI 6y. 1:2000 i \ NORTH \ Cm P ID 0 F OS� NT J6 s 91* A oF/ / \�09 / O 0 e° vo Q2- ti A ALL DIMENSIONS ARE IN METRES. OWNER: CITY OF SAINT JOHN PID: 00046656 APPROXIMATE AREA OF PERMANENT EASEMENT: 0 hat (0 Acres ±) WIDTH OF PERMANENT EASEMENT: Om± (0't) APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: Om± (0' ±) - APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0.0132 hat (0.0327 Acres ±) NOTL THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPELINE COMPANY LTD. I_Er•M PID PARCEL IDENTIFIER PROPERTY LINE HIGHWAY BOUNDARY PROPOSED EASEMENT ON ADJACENT PROPERTY PROPOSED EASEMENT TEMPORARY WORKING ROOM ® WATERCOURSE !# A J PID 00415208 CITY OF SAINT JOHN I �fI PID 00040253 TY OF SAINT JOHN ) 00046664 OF SAINT JOHN �- TCRRACE OA J0. " DESCRIPTION_ I DATE EMERA BRUNSWICK PIPELINE a{-,pvvv COMPANY LTD. ` T = `- Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 00046656 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK; CANADA DATE PROJECT NO DRAWN PREPARED BY SHT. D1 ' — v P.S.A. CHECKED APPROVED N0. PS- 20.5- 00046656 1:2000 6CH \ NORTH \ \ YY Ap !Q iaj r � � I / PID 1 CITY OF / J / / m Al DIMENSIONS ARE IN METRES. OWNER: CITY OF SAINT JOHN PID: 00040261 APPROXIMATE AREA OF PERMANENT EASEMENT: 0.0108 ha± (0.0268 Acres±) 1 WIDTH OF PERMANENT EASEMENT: - Om± (o'±) APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: Om± (0'±) APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0.0131 hat (0.0323 Acres±) - NOTE• THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWCK PIPEUNE COMPANY. LTD. LEGEdB PID PARCEL IDENTIFIER PROPERTY LINE HIGHWAY BOUNDARY PROPOSED EASEMENT ON ADJACENT PROPERTY PROPOSED EASEMENT ® TEMPORARY WORKING ROOM WATERCOURSE ID OF 9! PID 00415208 CITY OF SAINT JOHN 61 JOHN TERRACE ON EMERA BRUNSWICK PIPELINE -,p COMPANY LTD. ` T 7 C DATE PROJECT NO. DRAWN PREPARED BY SHT Nam 20.52 (1) Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 00040261 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA - 06/07/28. SCALE 1 1.4000 P.S.A. CHECKED APPROVED . 4ro NO. PS- 20.5- 00040261 SC LE « „� NORTH pQ / o� PID 00405407 / ty ROMAN CATHOLIC BII§HOP OF SAINT JOHO / I r T 1 1 1 1 1 I I / FA PID 00305433 Y OF SAINT JOHN _ PID 55176788 J.D, IRVING LTD, i i \ \ SAINT JOHN &I MAINE3RAILWAY COMPANY / Ply ALL DIMENSIONS ARE IN METRES. OWNER: CITY OF SAINT JOHN PID: 00305433 - APPROXIMATE AREA OF PERMANENT EASEMENT: 0,0670 hot (0.1656 Acresi) NO. DESCRIPTION DATE WIDTH OF PERMANENT EASEMENT: 1 VARIES EMERA 6 APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: BRUNSWICK PIPELINE 100m± (328' ±) COMPANYiTD. APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0 hat (0 Acres ±) Atlantic Gas Engineers NDTE BRUNSWICK PIPELINE THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE - PROPERTY SKETCH USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPELINE COMPANY LTD, PID 00305433 CITY OF SAINT JOHN SAINT JOHN COUNTY LEGEND NEW BRUNSWICK, CANADA PARCEL IDENTIFIER PID DATE 06/06/27 SCALE 1 :2000 PROPERTY LINE HIGHWAY BOUNDARY PROJECT NO. —.— —_ —__ PROPOSED EASEMENT ON DRAWN ADJACENT PROPERTY V.J.D. CHECKED PROPOSED EASEMENT PREPARED BY APPROVED ® TEMPORARY WORKING ROOM SHT. DWG. NO. tv *#* WATERCOURSE REV. PS- 22.9 - 00305433 Dewnnl fYnomy \\ 5✓ wr\ OATA \ORAMNCS\Pfl0.EC15 \1Wp \Op]W/ 4HP \tl�p\PloprlY 9uWn\PS -NP $J 16 to 13.tlw9 Loput NmH: ]R.D Data: Jul 10, R006 - p:l6em Docum,ni P,h\N BY. N SAINT JOHN & MAINE RAILWAY COMPANY I / I I I I I I I I I i I ALL DIMENSIONS ARE IN METRES. OWNER: CITY OF SAINT JOHN PID: 55017719 APPROXIMATE AREA OF PERMANENT EASEMENT: 0.0096 hot (0.0237 Acres ±) WIDTH OF PERMANENT EASEMENT: VARIES APPROXIMATE CENTREUNE LENGTH OF PERMANENT EASEMENT: 16mt (53' ±) APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0 hat (0 Acres ±) NOTF: THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPELINE COMPANY LTD. LEGENQ PID PARCEL IDENTIFIER PROPERTY LINE HIGHWAY BOUNDARY PROPOSED EASEMENT ON ADJACENT PROPERTY PROPOSED EASEMENT ® TEMPORARY WORKING ROOM WATERCOURSE AT. EMERA a BRUNSWICK PIPELINE COMPANY LTD. Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 55017719 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA DATE - 06/06/27 SCALE 1:2000 PROJECT NO. DRAWN V.J.D. CHECKED PREPARED BY APPROVED 171.lh.17 REV. PS- 23.3- 55017719 37.o�P5 -ita SJ Q3,1,]3a,23.3,33.4,21%26.7.dn Uo --LW-mw. 213 Dots Nt D �-1l Do mt Prin O NORTH 401 eO 1O S U L E "B' , , I , / I 1 I IN 55017719 1T1\ F SA10 JOHN RID 00035 31 CITYI OF SAINT OHN 22t I PID \ SAINT JOHN & MAINEJR RAILWAY COMPANY \ 3\ ALL DIMENSIONS ARE IN METRES, OWNER: CITY OF SAINT JOHN PID: 00035931 APPROXIMATE AREA OF PERMANENT EASEMENT: 0.0609 haf (0,1502 Acres *) WIDTH OF PERMANENT EASEMENT: VARIES APPROXIMATE CENTREUNE LENGTH OF PERMANENT EASEMENT: 27mt (89'1) APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0 ho3 (0 Acreet) - wml THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSYACK PIPELINE COMPANY LTD. I EGFNn PARCEL IDENTIFIER PID PROPERTY LINE HIGHWAY BOUNDARY —�.� -- PROPOSED EASEMENT ON ADJACENT PROPERTY PROPOSED EASEMENT TEMPORARY WORKING ROOM "�._.. WATERCOURSE EMERA (� BRUNSWICK PIPELINEC- 1T,�...V�,� COMPANY LTC), Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 00035931 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK. CANADA DATE 05/06/27 SCALE 41;20DO PROJECT N0. DRAWN V,dD, CHECKED PREPARED BY APPRDvED PS- 23,1- 00035931 Dolu All 1D, 9W1 � Cdbm Omxno,l lA�Im O% PID 00032599 PID 55176770 J.D. IRVING LTD. ALL DIMENSIONS ARE IN METRES. OWNER: CITY OF SAINT JOHN PID: 00032599 - - APPROXIMATE AREA OF PERMANENT EASEMENT: 0.0279 hat (0,0689 Acrest) WIDTH OF PERMANENT EASEMENT: NO' DESCRIPTION DATE VARIES EMERA APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: BRUNSWICK PIPELINE 30mi (D80*) APPROXIMATE AREA. OF TEMPORARY WORKING ROOM: COMPANY LTD' [_'T�J!'!„�' 0.0165 hat (0.0408 Acres3) Atlantic Gas Engineers BRUNSWICK PIPELINE THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE PROPERTY SKETCH USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPELINE COMPANY LTD. PID 00032599 CITY OF SAINT JOHN SAINT JOHN COUNTY I Er;PUn - NEW BRUNSWICK, CANADA PARCEL IDENTIFIER PID DATE PROPERTY LINE 08/06/27 SCALE P.4404701 HIGHWAY BOUNDARY PROJECT N0. - -- PROPOSED EASEMENT ON ADJACENT PROPERTY DRAWN V.J.D. CHECKED PROPOSED EASEMENT TEMPORARY WORKING ROOM PREPARED BY APPROVED SHT. WATERCOURSE DWG. N0. - REV. PS -23.2- 00032599 u^MI Ne,ene \ \grr'\DA]A\DBANWDf\pgp,�Cll \3W0 \01]101 yqP \Q.yVbP✓Ir 3gglMq\PD.NP 0.I SJ Is 3].A,O le]out None 313 Do14 .W ID. 3ME � 1P, q]m, Dpuvnnl PININ By. N l 1 I '0 PID 00405589 MARITIME PAPER PRODUCTS LTD. / V ALL DIMENSIONS ARE IN METRES. OWNER: CITY OF SAINT JOHN PID: 00564883 APPROXIMATE AREA OF PERMANENT EASEMENT: 0,1750 hat (0,4324 Acrest) WIDTH OF PERMANENT EASEMENT: VARIES APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: 145mf (476'f) APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0,0699 hat (0.1727 Acrest) NOTE; THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWCK PIPELINE COMPANY LTD. LEOEND PID PARCEL IDENTIFIER PROPERTY LINE HIGHWAY BOUNDARY PROPOSED EASEMENT ON ADJACENT PROPERTY. PROPOSED EASEMENT TEMPORARY WORKING ROOM WATERCOURSE m PID 00036657 SAINT JOHN & MAINE RAILWAY COMPANY PID 00464883 CITY OF SAINT JOHN EMERA BRUNSWICK PIPELINE �{^„QW COMPANY LTD. � � 7 `" Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 00464883 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK. CANADA DATE OB /06/27 I SCALE f•cnnn PROJECT NO. DRAWN I V.J.D. CHECKED 4tiia�l PREPARED BY APPROVED PS- 23.4--00464883 ---1 24.4 Beau Jul 21, 2W! + e!]EGffl wwmml sml� u. ♦w. P C:r PID 00405589 MARITIME PAPER PRODUCTS LIMITED i PID 55002968 .DEXTER CONSTRUCTION ALL DIMENSIONS ARE IN METRES OWNER: CITY OF SAINT JOHN PID: 00407866 APPROXIMATE AREA OF PERMANENT EASEMENT: 0.0592 ha* (0.1464 Acres*) WIDTH OF PERMANENT EASEMENT: 30m (99') APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: 20m* (66'*) APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0.0251 hat (0.0619 Acres *) HQTE: THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEDNMON OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPELINE COMPANY LID. LEGEN PID PARCEL IDENTIDER PROPERTY UNE HIGHWAY BOUNDARY PROPOSED EASEMENT ON -- - - - -- ADJACENT PROPERTY PROPOSED EASEMENT TEMPORARY WORKING ROOM WATERCOURSE rlmom L\PKP[al5\2000xmfr Mw \mgw✓M Yas,m, \a1. — PID 00000003 , \ NBDOT ROW NO. EMERA BRUNSWICK PIPELINE ip COMPANY LTD. ` T r L `- Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 00407866 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA PROJECT NO. — DRAWN V.J.D. CHECKED J (\{1j PREPARED BY 1APPROVED rl_(.0,P1 7J No. PS- 23.8- 00407866 Hans 212 eul1. Mn SG. 2W7 — 156m Dtt m -?0 % B; PID 00408815 CITY OF SAINT JOHN PID 00415687 MR qOI ITHFRN RAII WAY CO I TIT ALL DIMENSIONS ARE IN METRES. OWNER: CITY OF SAINT JOHN PID: 00408815 APPROXIMATE AREA OF PERMANENT EASEMENT: 0.0538 hat (0.1329 Acres ±) WIDTH OF PERMANENT EASEMENT: 30m (99') APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: 18m± (59'±) APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0 ha± (0 Acres ±) NOS: THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNS'MCK. PIPELINE COMPANY LTD. LEfiEdQ PID PARCEL IDENTIFIER PROPERTY LINE HIGHWAY BOUNDARY PROPOSED EASEMENT ON —� ADJACENT PROPERTY PROPOSED EASEMENT ® TEMPORARY WORKING ROOM WATERCOURSE Dw�mnl A= N pLACE EMERA BRUNSWICK PIPELINE ',p COMPANY LTD. C 1=r Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 00408815 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA DATE PROJECT NO. I DRAWN I V.J.D. CHECKED PREPARED BY APPROVED VJ lgrbM PS- 26.7- 00408815 — YOlpm De ml p,MW By. N tw Dolph I 6 !0 C) d' 1 O N h (V 0 0 i v [V , 0 M Of In M O N (V M a x a 0 N L v X `v 0 a` rn n. z a m i 0 0 U 0 0. J E 0 v iL c E u 0 D EDULE IT" a PID 0028A99 CITY OF SAINT JOHN Q Q SPLICE LAKE - 0 j PID NB rV/ EXISTING I, y o '.NPS16 EXISTIN s EASEMENT � PID 551826 NATURE CONSER ANOY GcF OF CANADA ALL DIMENSIONS ARE IN METRES. OWNER: CITY OF SAINT JOHN PID: 00286559 APPROXIMATE AREA OF PERMANENT EASEMENT: 13.2782 ha* (32.8104 Acres *) WIDTH OF PERMANENT EASEMENT: 30m (99h) APPROXIMATE CENTERLINE LENGTH OF PERMANENT EASEMENT: 4466mt (14652'}) APPROXIMATE AREA OF TEMPORARY WORKING ROOM: D.5005 haf (1.2370 Acres #) ROLE: NOIT BE DOCUMENT USEDFOREBOUNDARYRDE INITI AND SHOULD PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPELINE COMPANY LTD. IFGFN PID PARCEL IDENTIFIER PROPERTY LINE HIGHWAY BOUNDARY PROPOSED EASEMENT ON — —� -- ADJACENT PROPERTY - — • — NPS16 EASEMENT _ - - - - -- POWER LINE EASEMENT PROPOSED EASEMENT KC�/� TEMPORARY WORKING ROOM WATERCOURSE BRUNSWICKS (PIPELINE ��IJJI An Elum Conlpillf Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 00286559 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA DATE 06/06/27 SCALE 1:2DDOD PROJECT NO. - OF AWN V.J.D. CMEGKED PREPARED DY APPRO`/ED SHY, DWG. NO - PS- 32.2 - 00286559 -A REV. fS L i I I i i i NORTH MCI PID 00426609 NBDOT NS HIGHWAY NO 1 FERGUSON CREEK TRIBUTARY ALL DIMENSIONS ARE IN METRES, OWNER: CITY OF SAINT JOHN PID: 00286559 APPROXIMATE AREA OF PERMANENT EASEMENT: 0.6189 hat (1.5292 Acres*) WIDTH OF PERMANENT EASEMENT: VARIES APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: 210mt (690' *) APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0.1745 hat (0.4311 Acreat) mm, THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF 1HE EMERA BRUNSWICK PIPEUNE COMPANY LTD. LEGENQ PID PARCEL IDENTIFIER PROPERTY LINE HIGHWAY BOUNDARY •-- -_____ PROPOSED EASEMENT ON ADJACENT PROPERTY I PROPOSED EASEMENT ® TEMPORARY WORKING ROOM WATERCOURSE Ol -II PID 00286559 CITY OF SAINT JOHN E ERA BRUNSWI K PIPELINE ar-p COM ANY LTD. "J"= Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 00286559 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA DATE OB/06/27 SCALE 1:60DO PROJECT NO. _ DRAWN V.J.D. CHECKED PREPARED BY APPROVED SHT.. DWG. NO. REV. PS- 37.0- 00286559 -B + t Numr 37,0 Wla ml oli YWt — ie7w ooa Mt pmtw B. ue w.n..,.,.. �J� NORTH SPRUCE LAKE PID 00286559 CITY OF SAINT JOHN ALL DIMENSIONS ARE IN METRES. I / O , OWNER: CITY OF SAINT JOHN - PID: 00429670 APPROXIMATE AREA OF PERMANENT EASEMENT: — 0.9373 hat (2.3161 Acresf) WIDTH OF PERMANENT EASEMENT: 30m (99') No. DESCRIPTION DATE EMERA APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: 313m± (1027'±) BRUNSWICK PIPELINE APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0 hat (0 Acres ±) COMPANY LTD. Atlantic Gas Engineers — NOM, BRUNSWICK PIPELINE THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPELINE COMPANY LTD. PROPERTY SKETCH PID 00429670 CITY OF SAINT JOHN SAINT JOHN COUNTY LFGFNn NEW BRUNSWICK, CANADA PARCEL IDENTIFIER PID - PROPERTY LINE DATE 06/06/27 SCALE i:50D0 PROJECT NO. HIGHWAY BOUNDARY PROPOSED EASEMENT ON ADJACENT PROPERTY PROPOSED EASEMENT ®. TEMPORARY WORKING ROOM WATERCOURSE DRAWN V.J.D. CHECKED e PREPARED BY APPROVED 'Q SHT. DWG. NO. , REV. PS- 35.0- 00429670 umnt fyaneml: L\Pgp iC15\2008 \08110{ M8P \0op\Pwp y %*tcec\PS —qP W 32 to 39.8w9 Loyout Name ]SO Detc .N 10. 2008 — "km p cumwt PNntW ey. mm mmu Dololt Ax I OWNER: CITY OF SAINT JOHN PID: 00274456 APPROXIMATE AREA OF PERMANENT EASEMENT: 1.3838 hc± (3.4195 Acree ±) WIDTH OF PERMANENT EASEMENT: 30m (99') APPROXIMATE CENTRELINE LENGTH OF PERMANENT EASEMENT: 459m± (1507'±) - APPROXIMATE AREA OF TEMPORARY WORKING ROOM: 0.2381 ho± (0.5883 Acres ±) Km THIS DOCUMENT DOES NOT REPRESENT A LEGAL SURVEY AND SHOULD NOT BE USED FOR BOUNDARY DEFINITION OR CONVEYING PURPOSES AND IS ONLY INTENDED FOR THE USE OF THE EMERA BRUNSWICK PIPELINE COMPANY LTD. 0e mmt ""n LEGEND PID PARCEL IDENTIFIER PROPERTY UNE HIGHWAY BOUNDARY PROPOSED EASEMENT ON ADJACENT PROPERTY PROPOSED EASEMENT ® TEMPORARY WORKING ROOM WATERCOURSE EMERA BRUNSWICK PIPELINE �r p COMPANY LTD. ` 7 `- Atlantic Gas Engineers BRUNSWICK PIPELINE PROPERTY SKETCH PID 00274456 CITY OF SAINT JOHN SAINT JOHN COUNTY NEW BRUNSWICK, CANADA ATE 1 06 /06/27 SCALE 1:5000 PROJECT N0. J � I � DRAWN V.J.D, CHECKED IPREPAREO BY I - (APPROVED / /✓.A4. /A WG. NO. PS =39,2- 00274456 AW 00, 2000 — F, 17" Da Mffll PrhIW er. V w Da 0 OPEN SESSION M &C — 2007 - 231 July 11, 2007 His Worship Mayor Norman McFarlane and Members of Common Council Your Worship and Councillors: RE: 2007 Interim Financial Results BACKGROUND: f City of saint ]cohn The purpose of this report is to present the preliminary projections of the City's financial operations for the year ended December 31, 2007 based on actual operating results as of April 30th. The financial results are presented to Council at a minimum of three times a year as follows: Reporting Period Cut -off Date Report to Council Winter Season Aril 30 June Summer Season August 31 October Year -end December 31 March As has been noted in prior years, more frequent reports will be provided to Common Council if the on -going review of financial results show any significant variation from over -all budgeted targets. The Finance Department provides all operating departments with detailed financial reports on a monthly basis. These reports are generated approximately 10 working days after month -end. This 10 day period is needed to ensure that all inter- departmental charges are processed in the correct financial period. For purposes of the seasonal reports to Council, Departments are given two weeks to analyze their operating results and present a report to the Finance Department of any significant variances from budget to date and a projection of the expected financial results at year -end. Report to Common Council M &C — 2007 — 231 Page 2 ANALYSIS: At the end of April the city's actual expenditures totaled $30,921,743 which represents slightly less than 28% of the total budgeted expenditures for the year. It should be understood that at this time it is not possible to say with certainty what the results for the year will be. Based on the results of the reports presented to the Finance Department for the period ended April 30, 2007 along with departmental projections to December 31, 2007 it would be that the most reasonable estimate at this time is that the City will be on budget at year end. This projection is based on the following areas of note at this time: Revenues are projected to be $300,000 or .003% under budget on total anticipated revenues of $110,650,669. This shortfall is primarily attributed to LNG building permit revenues not at anticipated levels and to date no revenue from pipeline easement sales. It is still possible that these revenues will fall in line. A clearer indication of the status of these accounts should be available when the August results are presented in the fall. On the expenditure side of the equation we are currently anticipating an under expenditure of approximately $600,000. The main components of this include - Winter Snow Control — this past winter salt usage was down due to the relatively mild winter and a reduction in usage as a result of not using the west salt storage for the remainder of the year estimated saving $157,000. - Fleet usage and fleet fuel for Municipal Operations are projected to be under spent by a total of approximately $254,000 as a result of the mild winter weather and the probability that a new packer that was budgeted will not be acquired. - Wage costs are estimated to be under spent by approximately $500,000 as a result of delays in filling positions in various departments. A cost of roughly $175,000 will be incurred for contract services for the ISS area as a result of the delays infilling positions. - Heating costs are projected to be over spent by $100,000 as a result of increased commodity costs. - Tipping Fees —it is estimated that a savings of approximately $150,000 will be realized in this cost for the year as a result of reduced fees Report to Common Council M &C — 2007 — 231 Page 3 - Solid waste collection was budgeted for six months but the cost will be incurred for the entire year resulting in a short fall of $390,000 The other area in which costs will be greater than anticipated relate to the additional contribution of 2% by employees to assist in funding the going concern liability. It was anticipated that these contributions would commence on January 1't but the actual date was May 1St. These additional contributions were budgeted to be approximately $900,000 in the General Fund. Since these contributions will be received for two thirds of the year, $600,000 will be received resulting in an additional $300,000 being contributed by the City. It should be understood that these are projections based on departmental best estimates as at April 30, 2007. While there are no significant events that have come to the attention of staff to require modification of these estimates at this time, events could occur that could alter these results over the remainder of the year. RECOMMENDATION: It is recommended that this report be received and filed. Respectfully submitted, Gregory J. Yeomans, CGA, MBA Commissioner of Finance X3.1 July 16, 2007 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors Subject: Committee of the Whole Report — Withdrawn Agenda Items and Letters from Frank Rodgers At the July 3, 2007 meeting of Committee of the Whole, the Committee referred the attached items to the July 3, 2007 open session of Council. This item was subsequently brought forward to the July 16, 2007 meeting due to lack of time at the July 3 meeting. Recommendation: that Council consider the attached items withdrawn from the February 12, 2007 meeting as well as letters dated June 3 and June 26, 2007 from Frank Rodgers. Sincerely, Michelle Hooton Deputy Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I wwvsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E21. 41-1 Common Clerk's Office Bureau du greffier communal www. saintjohn, ca July 3, 2007 His Worship Norm McFarlane and Councillors Your Worship and Councillors, P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 Re: Withdrawn Agenda Items Referred to Legal Session Background At the February 12, 2007 meeting of Common Council, Council withdrew the following items: 11.6 Defamation Action (Councillor Ferguson) 13.7 Letter from the Secretary of the Board of Trustees, City of Saint John Pension Plan 15.1 Letter dated February 6, 2007 from Frank Rodgers At the February 26, 2007 meeting of Common Council, Council passed a resolution to have all matters addressed to the Council pertaining to the legal action between the City and J. Ferguson referred to Legal Session. It is unclear as to whether the items which were withdrawn from the agenda on Feb 12 were to be considered matters pertaining to the legal action and come back before the Committee as directed in the February 26 resolution. Second and third letters dated June 3 and June 26, 2007 dealing with the legal action, were received from Mr. Rodgers, and in compliance with Council's resolution to refer such matters to Legal Session, the letters are attached for the Committee's consideration. Recommendation: That the Committee of the Whole decide how it wishes to dispose of the letters from Mr. Rodgers, and if the withdrawn items are to be considered or remain as items not to receive Council's or the Committee's consideration. Sincere) E i;4zabeth Gormley Assistant Commo erk Attachment June 3, 2007. The Common Council of Saint John, Your Worship and Councillors. At the Council meeting of February 12, 2007 there were letters from concerned citizens placed on the agenda regarding the Pension Board dispute and the conflict of the City Solicitor. Those letters were "withdrawn from the agenda" by Council resolution. With that unusual action by Council, the questions that it raises are: Where are the letters? What authority does the Common Clerk have to retain this correspondence? How can these letters be part of the official Common Council record? Most importantly, it raises the following question. Did Council believe that any and all problems connected with the Pension Board dispute would somehow disappear by ignoring the letters from the citizens? Then at the subsequent meeting of Council on February 26, an unsuccessful attempt was made by Councillor White "that all matters submitted to Common Council in relation to the legal action between the Saint John Pension Board and J. Ferguson be held in the Common Clerk's office until the issue is finalized." Instead a referral to Legal session was used to move the discussion from the public session, without any consideration of the fact and law that Legal session is for Council discussion with the City Solicitor involving the legal liability of the City. This action by Council coupled with the Pension Board's decision to appeal a Court decision that confirms and protects the qualified privilege of elected public officials, and says that the Pension Board would not succeed against the elected official, should be a concern to local government throughout the province and the country. In the appeal, the Pension board is attempting to limit this privilege. Like the privilege of elected officials at the Federal and Provincial levels of government, qualified privilege at the local level is a fundamental part of the cornerstone to democracy. It was not a whimsical move on the part of Lenin that his first official act in taking power was the abolition of all offices of all Mayors. The appeal by the Pension Board which included the approval by the Mayor and the two elected Councilors who are all members of the Pension Board by virtue of their elected Council membership, defies reason and makes it an obvious personal matter at public expense. To put their personal aim and satisfaction above their rights that have devolved over time to them as elected officials for the common good, is to confuse roles by not only trying to serve two masters but forgetting that the primary role is to serve the Council. Free speech and democracy are closely tied, and this is no more evident than the privilege granted to elected officials in the deliberate and discussion of public policy combined with the questioning that is central to a citizen -based society. John Ralston Saul points out in his book, "The Unconscious Civilization" that this Council and all elected officials in the free world are enjoying rights and privileges together with the citizens because the Greek poet - playwrights 2,500 years ago talked in their plays "of the free tongue as an essential democratic element." In the light of the previous treatment by Council of the citizens' letters on this subject, I am not too confident that Council will come to the realization that the recent court decision was in the interest of Council and the Councillors as they carry out their primary function on behalf of all citizens. The Court decision was to the benefit of all Councillors because qualified privilege is necessary in order for a Councillor at a duly constituted meeting to properly fulfill his or her role in a democratic process. An opposite finding by a Court would have a chilling effect on many aspects of the democratic process that we have come to take for granted at the local level of government as citizens watch, write letters, and take part in the political process as it moves forward. Because of the blindness on the part of Council to these important considerations, and refusal to become involved from the standpoint of Council's own interest together with the momentous consequences flowing from a restriction to the present law on qualified privilege, I am sending a copy of this letter to Democracy Watch. Yours truly, Frank Rodgers (verified by phone) EG cc: The Telegraph- Journal Democracy Watch, Ottawa. June 26, 207, The Common Council of Saint John, Your Worship and Councillors. My letter to Council of February 4, 2007 dealing with the conflict -of- interest of the City Solicitor was withdrawn from the agenda by a Council resolution at its meeting of February 12 under the guise of it touching on the Pension Board dispute. I have been told by the Clerk that my later letter to Council of June 3, 2007 dealing with the qualified privilege of Councillors was not placed on the agenda for the June 18 meeting because of a heavy agenda. In the circumstances this decision is troubling, especially when the Council meeting adjourned early in the evening. To add to this questionable reason for holding my letter from Council, the Clerk informed me that my letter would not go on the open session agenda but would be sent to the Committee meeting of the Council on July 3. The authority the Clerk is using for sending my letter to Committee is the Council resolution of February 26, 2007 which referred the Pension/Ferguson correspondence to Legal session. By some unknown means the Clerk knows the intention of Council and has interpreted the referral to Legal session to be instead to Committee. There is no authority coming from the February 26 meeting to hold future correspondence in the Clerk's office or send it to Committee. Councillor White's motion was defeated. The rules governing referral motions are clear. It is the motion or subject that has been referred. Referral is the key word and a referral motion of a defeated motion is not a policy decision for the future guidance of the administration. The Council action to date shows a Council not interested in the Pension Board dispute. To make an attempt to penetrate the prevailing group spirit, this letter is particularly directed to the Deputy Mayor and the six other Councillors who are not on the Pension Board or involved in the dispute. This clear majority should have no interest but the common good of City. For this reason, this clear majority of Council should officially request the members of the Pension Board to take no further action and accept the positive judgment of the Court. A moment's reflection will reveal how the qualified privilege of Councillors, preserved by a Court of Law serves that common good. The insight and far sight of the brilliant judgment of Mr. Justice McLellan, who with legal precedent, took a 200 year old human practice connected with defamation which has since been outlawed, and brought it forward to a case of wrong desires of the present day shows only that laws have changed but human nature is the same. Furthermore, the clear majority of Council should ask the City Solicitor to resign from the Pension Board. There is potential for many intricate legal questions connecting the Council to this dispute and the Legal department can only be paralyzed by the City Solicitor being a member. Because of the holding on, there is undoubtedly some question now about the effectiveness of a resignation in so far as it relates to this dispute. However, by Council requesting the City Solicitor to resign shows Council's awareness of the danger of the City Solicitor serving on City Boards connected with the City. The independence of the Legal department can be diminished by imperceptible action and not noticed until the erosion has advanced too far. The preserving of the independence of the City Solicitor and the Legal Department is as important as preserving the qualified privilege of the Councillors. Yours truly, Verified by phone EG Frank Rodgers d 1 � � February 6, 2007, The Common Council of Saint John, Your Worship and Councilors. This letter is not about the dispute going on between the Saint John Pension Board and Councillor Ferguson. It is however a very difficult and reluctant letter to write but the appearance and possible real damage to the integrity of the position of City Solicitor is of interest to me and should be a concern of all citizens as well as the Council. From this dispute Councillor Court has said that "the relationship between city staff and council members will be poisoned forever." The way things are going there is every indication that this "poison" will be touching the position of City Solicitor and the City's Legal Department. Ever since the first meeting of Common Council in May 1785 with the position of Recorder through the Royal Charter, the Common Council has had access to independent legal advice and objective legal opinions. The successor to the Recorder was the City Solicitor in the early 1900s and that position by Statute is still separate and apart from the civic administration with the employees of the Legal Department responsible to the City Solicitor. At a recent meeting of Council, Council requested a legal opinion from an employee of the Legal Department regarding a possible solution to the Pension Broard /Fergusion dispute. The request for an opinion from the solicitor who is an employee of the Department came about because the City Solicitor with other appointed and elected officials of the Pension Board declared a conflict of interest. The cause of the conflict of interest of the City Solicitor is different from the other appointed and elected officials on the Pension Board. The Mayor is a member by virtue of his position. The Treasurer is a member by virtue of his position. The Pension Act also makes for provision for elected officials to be on the Pension Board. There is however no statutory requirement for the City Solicitor to be a member of the Pension Board. The City Solicitor is a member by his personal and voluntary act to serve. While the Municipalities Act makes provision for dealing with conflicts of interest when they arise, it does not seem reasonable that the law would encourage voluntary conflicts giving rise to the City Solicitor removing himself from the primary responsibility to advice Council. c5rwari¢e� � 3" 1� doo? I 2.ca7 -' ?ZrrrEm" �m t, � r� „ the I�JFnI� "�u.3,2.bb The opinion that, Council has requested from an employee of the Legal Department in these circumstances is as inappropriate as if the opinion was requested from a solicitor in the law firm that is representing the Pension Board. It would also be an inappropriate expenditure of public funds to engage outside legal Counsel to advise Council when the conflict of interest is self imposed and the City Solicitor can correct it by resigning from the Pension Board. It should be obvious that this dispute has the potential for more intricate legal questions from the Council. The inability of the City Solicitor to advise Council in this instance about mediation and any other future questions regarding the dispute is not the same as Council getting advice from other employees of Legal Department when the City Solicitor is ill or on vacation, or away on duties pertaining to the Legal Department. Any policy of Common Council that encourages the City Solicitor to voluntarily serve on City Boards, Commissions, or Committees that can relate any part of their activity to Council has the potential all the time for conflicts that leave Council without the advice the position is responsible for providing. The City Solicitor sacrifices certain rights when filling the full time salaried position as head of the Legal Department and the Council's chief independent legal advisor. While there are numerous conflicts of interest being declared from various appointed and elected officials connected with this dispute, it seems to me that safety in numbers is not the best policy for the position of City Solicitor. YMF r 1 (° www.saintjohn.ca February 8, 2007 P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 Your Worship Mayor Norman McFarlane & Members of Common Council; RE: Defamation Action I have received a copy of a letter dated January 25, 2007, which I understand was sent to all Pension Plan Participants and City Councillors. It is only today that I, like you, have received this correspondence in the ordinary course. The issues are now indeed before the Court, in an action in which I am the only Defendant, and I will not comment on the merits of that action. There are, however, some factual errors within that letter and I need to clarify those briefly for you, the Citizens of Saint John. As a member of Saint John Common Council, I owe a fiduciary duty to all taxpayers, in addition to the Pension Plan Participants. This role requires me to ask the hard questions of those who are entrusted with your pension funds and, perhaps more importantly, your tax dollars. Any comments I made regarding the Pension Fund were made in good faith and for that purpose. As taxpayers, and beneficiaries of that Fund, you should expect nothing less from any elected City Councillor - a Citizen just like you. Again, I repeat, the legal action has been brought against me personally by the Board and the individual Trustees. I did not choose to bring the matter before the Court, but I will defend that action vigorously. I have retained the oldest independent firm in New Brunswick to defend me and my family. I will also continue to fulfill my duty to investigate those Pension Plan deficiencies. We, the Citizens of Saint John, must ensure someone is held accountable. This is responsible government, not Defamation. r(Pe6 ;o Conwl:Hre L vc)7 �or QYri2aI t:J ,`(J. a'..',i a)ALbl -2- I attempted to communicate with you, the Pension Plan Participants, directly, but the Board was not forthcoming with your addresses. Accordingly, I hope that you will receive this advice in due course through some form of communication. Yours very truly, cc: The Citizens of Saint John Pension Plan Participants Christopher T. Titus, Member of the Board Glendon Tait, Member of the Board Common Clerk's Office Bureau du greffier communal Twww.saintjohn.ca February 8, 2007 Mayor Norm McFarlane and Members of Common Council Your Worship and Councilors: P.O. Box /C.P. 1971 Saint John, NB /N. -B, Canada E21, 4L1 Re; Mediation kension Board v. I Ferguson W The Board of Trustees of the City of Saint John Pension Plan met on Thursday February 7, 2007 to consider a resolution of Council adopted on January 29, 2007 namely; "...and that Council send a letter to the City of Saint John Pension Board and to Councillor Ferguson requesting that they consider mediation in the Pension Board's defamation action against Councillor Ferguson." The Board has advised Councillor Ferguson's solicitor (copy attached) that it is willing to consider any reasonable dispute resolution mechanism including mediation in an effort to resolve this matter. Respectfully submitted, Patrick Woods Secretary Board of Trustees City of Saint John Pension Plan l,Ul'�y'1. Ynub ) aYd e J {o 't,(o , 2.aa? CLARK DRUMMIE LAWYERS 1 IIIII II S A full- service bilingual law firm Cabinet d'avocats offrant une gam?he comp@te de services bilingues VIA HAND DELIVERY Messrs. Gilbert McGloan Gillis Barristers & Solicitors 22 King Street Saint John, NB E2L 163 ATTN: David N. Rogers, Esq, Dear Mr. Rogers: 40 Wellington Row P.O. Box 6850 Saint John, NB E21, 4S3 (506)633.3800 Barry R. Morrison, Q,C, Direct Line: 633 -3838 Direct Fax: 633 -3812 Direct I<mail:caf@clarkdmrnmie.ca www.clarkdrummie.ca Our file: 265 -47 February 8, 2007 RE: Board of Trustees of the City of Saint John Employee Pension Plan et al v. Ferguson Your File Ref: 8001026 As you may know, Common Council of the City of Saint John adopted a resolution relative to mediation of the dispute between our clients and your client, Mr. Ferguson. A copy of the resolution is attached to this letter for your information. Without passing comment on the resolution itself, our clients have authorized us to inform you of their continuing willingness to consider any reasonable dispute resolution mechanism, including mediation. As you are also aware, your client was offered an out of court resolution. The offer was met with silence. We hope this overture will be met with more enthusiasm. A copy of this letter is being delivered to the Mayor and Common Council for their information. Yours very truly, CLARK DRUMMIE V% Barry R. Morrison BRM/caf cc: Mayor Normcm McFarlane Common Council SAINT JOHN • MONCTON • ST. ANDREWS • ST. STEPHEN i` CommoA Clerk's Office Bureau du greffier communal www.salntJohn.ca February 5, 2007 J. Patrick Woods Secretary City of Saint John 8`h Floor, City Hall Saint John, NB Pension Board P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 A44, �ft Subject: Council Resolution Proposing Mediation in the Defamation Action Dear Mr. Woods, At the January 29, 2007 meeting of Common Council, Council adopted the following resolution, and it is forwarded for the Pension Board's consideration: "RESOLVED that the Solicitor determine if Council, as the Pension Plan sponsor, can force mediation in the Pension Board action against Councillor Ferguson, and report back to Council, and that Council send a letter to the City of Saint John Pension Board and to Councillor Ferguson requesting that they consider mediation in the Pension Board's defamation action against Councillor Ferguson." Sincerely, Elizabeth Gormley Assistant Common Clerk July 16, 2007 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors: Subject: Committee of the Whole Report — Engagement of Barry Spalding At the May 28, 2007 meeting of Committee of the Whole, the Assistant Clerk was directed to engage the law firm of Barry Spalding, Saint John to provide advice on pension matters when the City Solicitor needs to withdraw from meetings because of a conflict of interest as it relates to his serving on the City's Pension Board of Trustees. It is appropriate that this engagement be referred to open session of Council, and if Council wishes the following resolution is in order. Recommendation: that the Assistant Clerk engage the law firm of Barry Spalding, Saint John, and specifically David O'Brien, to provide advice on pension matters when the City Solicitor needs to withdraw from meetings because of a conflict of interest as it relates to his serving on the City's Pension Board of Trustees Sincerely, Michelle Hooton Deputy Mayor July 16, 2007 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors: Subject: Committee of the Whole Report — Teach -In on Qualified Privilege At the July 3, 2007 meeting of Committee of the Whole, the Committee expressed its wish to have a Teach -in for Council on the subject of Qualified Privilege. The City Solicitor was not present when the subject arose. Recommendation: That Council direct the City Solicitor to arrange a Teach -in for Council on the subject of Qualified Privilege. Sincerely, Michelle Hooton Deputy Mayor 13 Saint John Parking Commission Commission sur le stationnement de Saint John June 18, 2007 His Worship Mayor Norman McFarlane and Members of Common Council 8th Floor, City Hall Saint John, N.B. Your Worship and Members of Common Council: Re: Residential On- Street Parking on Central Peninsula: 11th Floor, City Hall, 11ieme Etage, H6tel de Ville P.O. Box 1971 / C.P. 1971 Saint John, N.B. /N. -B. E2L 4L1 Tel/ Tel: (506) 658 -2897 Fax/ T6I6copieur: (506) 649 -7938 E-mail/ Courriel: parking @saintjohn.ca On May 7, 2007 Common Council made the following motion "Resolved that the issue of residential on- street parking in the Central Peninsula be referred back to the Saint John Parking Commission, for a report including a recommended solution back to Common Council." The specific issue that the Parking Commission was asked to investigate and comment on is: whether there would be an advantage to marking, or lining, the on- street parking spaces in the residential areas of the Peninsula. The previous report forwarded to Common Council dated April 10, 2007 provided a summary with the following information: Having lines painted on both sides of the street may cause confusion for parkers and leave the impression with parkers they can park on both sides of the street when in fact the alternate side parking rules apply, based on signage. • Standard parking spaces are generally 9' wide by 22 ' long. Only one vehicle would be parked in a lined space, whether it was a large or small vehicle. Unpainted street parking often has the result of parking an average of more than two vehicles (because many vehicles are smaller that the standard space size) in the area of two painted spaces. • There is the concern that lines in residential streets may give the impression to residents in a particular area that they are entitled to park in the lined parking of the residence where they live. It should be noted that the Residential Parking Program does not guarantee anyone a parking space in the Zone area where they live. Parking is on a first come basis. • Enforcement is carried according to the signage on the street and line markings are not used in determining violations, and would not be visible for a portion of the year. • There is a yearly cost associated with lining the streets and that cost would need to cover painting both sides of the street due to alternate side parking. www.saintjohn.ca Recommendation: It is the recommendation of the Saint John Parking Commission that the City should not paint parking space lines on residential streets in the South Central Peninsula, however, the SJPC enforcement staff will monitor the situation on the streets in the South Central Peninsula on a regular basis and pass out a friendly reminder to any residents or guests who are occupying more than one parking space. Sincerely, L Christopher Titus Chairman eral Manager Planning Advisory Committee 4 June 27, 2007 Your Worship and Councillors: SUBJECT: Proposed Subdivision 71 Drury Cove Road P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 City of Saint John On May 22, 2007 Common Council referred a Municipal Plan amendment, rezoning and subdivision application to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 26, 2007 meeting. This letter deals with the proposed subdivision. It should be noted that the Committee's recommendation with respect to the Municipal Plan amendment and rezoning of the property was the subject of a separate letter from the Committee to Council. Mr. Mac Blair of Drury Cove Developments Inc. attended the Committee's June 26th meeting on behalf of the applicant and 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 adopted the recommendation in the attached report, including the approval of the proposed street name Stonegate Drive. RECOMMENDATION: That Common Council: a) assent to the subdivision of the property located at 71 Drury Cove Road with respect to the vesting of Stonegate Drive as a public street, the proposed vesting of the land for public purposes along the shore of Drury Cove, and any required municipal services easements and public utility easements. b) authorize the preparation and execution of a City /developer subdivision agreement to ensure the provision of the required work and facilities, Planning Advisory Committee June 27, 2007 including detailed site and drainage plans for the approval of the Chief City Engineer or his designate. Respectfully submitted, p`G' /�1 tephen Horgan Chairman RGP /r ITMI MITI Project No. 07- 106 Planning and Development Urbanisme et developpement wvwmsaintjchn.ca DATE: JUNE 22, 2007 P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JUNE 26, 2007 Randall G, Pollock, -MCIP Planner SUBJECT: Name of Applicant: Drury Cove Developments Inc. Name of Owner: Drury Cove Developments Inc. Location: 71 Drury Cove Road PID: 55175558 and portions of 55027163, 55161384 and 55178909 Municipal Plan: Existing: Low Density Residential and Open Space Proposed: Business Park Zoning: Existing: "B -2" General Business and "TH" Townhouse Proposed: `BP" Business Park Proposal: To permit the development of a building for office uses and light assembly of heating products Type of Application: Municipal Plan Amendment, Rezoning and Subdivision Drury Cove Developments Inc. Page 2 71 Drury Cove Road June 22, 2007 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Development Plan and Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Tuesday, July 3, 2007. The Act also authorizes the Committee to advise Council with respect to the creation of public streets and land for public purposes (LPP) in conjunction with the subdivision of land. In addition, the Subdivision By -law authorizes the Committee to approve the names of new streets in a subdivision. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council redesignate on Schedule 2 -A of the Municipal Development Plan, from Low Density Residential and Open Space to Business Park, a parcel of land with an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID number 55175558 and portions of PID numbers 55027163, 55161384 and 55178909. 2. That Common Council rezone the same parcel of land from "B -2" General Business and "TH" Townhouse to "BP" Business Park. That, pursuant to the provisions of Section 39 of the Community Planning Act, the development of a parcel of land with an area of approximately 1.3 hectares, located at 71 Drury Cove Road, also identified as being PID number 55175558 and portions of PID numbers 55027163, 55161384 and 55178909, for business park uses be subject to the following conditions: a) The use of the rezoned area is restricted to office uses and/or assembly of heating products. b) The site must not be developed except in accordance with detailed site plan and building elevation plans generally in accordance with the submitted proposal, to be prepared by the proponent of the development and subject to the approval of the Development Officer, showing the location and dimensions of all buildings and structures, freestanding signs, paved parking, concrete curbing, landscaping of all disturbed areas not occupied by buildings, structures and parking areas, exterior lighting, underground utilities and exterior building materials, and the approved plans must be attached to the application for building permit for the development of the site. Drury Cove Developments Inc. 71 Drury Cove Road Page 3 June 22, 2007 c) All site improvements shown on the approved plans mentioned in condition (b) must be completed within one year of approval of the building permit for the development of the site. d) The provisions of the Section 39 agreement between the City of Saint John and Drury Cove Developments Inc., dated December 24, 2002, with respect to the payment of a $2,500. lot levy, shall apply to the rezoned area, where 5,000 square feet will be considered equivalent to a lot and therefore subject to the $2,500. payment requirement, as well as any credits provided for in the said agreement. e) The $2,500. per 5,000 square feet payment mentioned in condition (d) shall be in the form of a certified cheque delivered to the Development Officer at the time of submission of the application for building permit for any building on the site. 4. That, if and when third reading is given to the rezoning mentioned in (2) above, Common Council: a) assent to the subdivision of the property located at 71 Drury Cove Road with respect to the vesting of Stonegate Drive as a public street, the proposed vesting of the land for public purposes along the shore of Drury Cove, and any required municipal services easements and public utility easements. b) authorize the preparation and execution of a City/developer subdivision agreement to ensure the provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate. 5. That the Planning Advisory Committee approve the street name Stonegate Drive for the proposed new public street off Drury Cove Road. BACKGROUND: The majority of the subject site was rezoned to `B -2" General Business in two stages, as part of the overall Highlands of Drury Cove development. The central portion including the area along the shore of Drury Cove was rezoned in November 2003, while the northerly and southerly extremities of the site were added to the `B -2" General Business area in November 2005. Section 39 conditions were imposed at the time of the rezonings, setting out the following requirements: a) The use of the rezoned area is restricted to professional offices, hotel and restaurant facilities. b) Each lot in the rezoned area must not be developed except in accordance with detailed site plan and building elevation plans, to be prepared by the proponent of the Drury Cove Developments Inc. 71 Drury Cove Road Page 4 June 22, 2007 development and subject to the approval of the Development Officer, showing the location and dimensions of all buildings and structures, freestanding signs, paved parking, concrete curbing, landscaping of all disturbed areas not occupied by buildings, structures and parking areas, exterior lighting, underground utilities and exterior building materials, and the approved plans must be attached to the application for building permit for the development of the applicable lot. C) All site improvements shown on the approved plans mentioned in condition (b) must be completed within one year of approval of the building permit for the development of the applicable lot. d) The provisions of the Section 39 agreement between the City of Saint John and Drury Cove Developments Inc., dated December 24, 2002, with respect to the payment of a $2,500. lot levy, shall apply to the rezoned area, where 1,000 square feet of building floor area shall be considered equivalent to a lot and therefore subject to the $2,500. payment requirement as well as any credits provided for in the said agreement. e) The $2,500. per 1,000 square feet payment mentioned in condition (d) shall be in the form of a certified cheque delivered to the Development Officer at the time of submission of the application for building permit for the building on the applicable lot. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposal. Building and Technical Services advises that detailed plans will be required before any National Building Code decisions can be made. Saint John Transit advises that it does not offer service in this area. Saint John Energy advises that it has underground facilities on Drury Cove Road. An extension of facilities will be required to service the proposed lot and this would be at the developer's cost. In addition, an easement will be required to serve the proposed lot. Aliant Telecom advises that it has no issues with the proposed amendments. Maritimes & Northeast Pipeline has no objection. Enbridge Gas N.B. has been advised of the proposal. GIS Division/Civic Addressing advises that the street name Stonegate Drive is acceptable. Drury Cove Developments Inc. Page 5 71 Drury Cove Road June 22, 2007 Leisure Services has been advised of the proposal. Fire Department has no objection to the application, but given the scope of the project a number of comments are relevant. It is expected that the development of the road network and parking areas, as well as the construction and operation of the commercial occupancies, will adhere to both the National Fire and Building Codes. Section 3.2.5 of the National Building Code makes particular reference to the provisions for firefighting. The stated provisions shall be adhered to and included but are not limited to the following: • Section 3.2.5.4 Access Routes • Section 3.2.5.5 Location of Access Routes • Section 3.2.5.6 Access Route Design With respect to the consideration on access routes, Appendix A- 3.2.5.6(1) provides that the design and construction of fire department access routes involves the consideration of many variables, some of which are specified in the requirements in the Code. All these variables should be considered in relation to the type and size of fire department vehicles available in the municipality or area where the building will be constructed. It is appropriate therefore that the local fire department be consulted prior to the design and construction of access routes. • Section 3.2.5.7 Water Supply On this particular note, the Fire Department would require that the hydrant network be extended throughout and that appropriate hydrant placements are extended throughout. • Plans Review The applicant is reminded that building plans need to be submitted to the Technical Inspection Division of the Department of Public Safety. Finally, the Saint John Fire Department will reserve the right to review the development as it progresses; nothing within this initial assessment precludes the Saint John Fire Department from raising additional concerns or recommendations based on the state of the development at a future date. N.B. Department of Environment and Local Government has been advised of the proposal. School District S has been advised of the proposal. ANALYSIS: Site and Neighbourhood The subject site is located on the west side of Drury Cove Road just inside the entrance to the Highlands of Drury Cove subdivision. The site is irregularly shaped with an area of approximately 1.3 hectares (3.2 acres). It extends from Drury Cove Road to the shore of the inner cove. Except for one small parcel of approximately 210 square metres (2,260 square feet) in the extreme northwest corner, the site is part of the area that was rezoned as part of the business area Drury Cove Developments Inc. Page 6 71 Drury Cove Road June 22, 2007 of the development. The small parcel in the northwest corner (PID 55175558) was part of the area rezoned to "TH" Townhouse in 2003 but not included in the subsequent residential condominium development as it is intended to be incorporated into the shorefront land for public purposes (LPP) area. Directly to the north of the site is the Highlands of Drury Cove residential condominium area fronting on Drury Cove Road and Upper Deck Lane. To the south is the balance of the existing zoned business area that, at present, is not developed except for the applicant's office building (under construction) at the intersection of Drury Cove Road and Stagecoach Drive. The site is characterized by a steep drop -off from Drury Cove Road and from much of the "13-2" General Business area to the south, as well as from the adjacent portion of the condominium development. Consequently, the majority of the site is closer to the level of the shoreline than that of the surrounding properties and Drury Cove Road. Proposal The applicant proposes to construct a three- storey building of approximately 4,645 to 5,574 square metres (50,000 to 60,000 square feet) of floor area, containing a mixture of office and light assembly activities as well as indoor parking facilities. The proposed development includes boutique office space on the bottom level facing a landscaped public walking trail along the shoreline, which would vest in the City as land for public purposes (LPP). The balance of the building is proposed to contain the head office facilities for NTI, a New Brunswick company that assembles home heating systems. The applicant indicates that the assembly activities are minor in nature and do not result in any emissions of noise, smoke, dust or fumes. All activity and storage would be confined to the interior of the building. A preliminary site plan and a perspective view of the proposed development are attached. The site plan also shows the development concept for the adjacent `B -2" General Business lands to the south that are not part of the present application. The applicant indicates that the proposal fits with the development plan of Drury Cove to provide a community with cutting edge design and concepts. "Green Building" designation is proposed. The building will have a three- storey fagade facing the cove. Due to the topography of the site, the roof of the building will be at or below the level of Drury Cove Road and will not affect the view from the nearby condominiums. The applicant indicates that the existing trees along the edge of the subject site (directly adjacent to the condominium site) will be retained as a feature of the development that will screen the view of the building. Access to the development will not be from Drury Cove Road but, rather, will be via a new public street (proposed name Stonegate Drive). In the future, this new street would be extended into the future development lands on the south side of the cove. The applicant indicates that the proposal has been presented to the owners of units in the condominium development, as well as to other residents of the Highlands of Drury Cove. Drury Cove Developments Inc. Page 7 71 Drury Cove Road June 22, 2007 Proposed Amendments The Municipal Plan currently designates the site Low Density Residential, except for the shoreline, which is designated Open Space. As noted previously, the site is zoned `B -2" General Business, except for PID 55175558 in the northwest corner, which is zoned "TH" Townhouse. In order to permit the proposal, the applicant has requested that the site be redesignated to Business Park and rezoned to `BP" Business Park. A Municipal Plan amendment and rezoning is necessary because the proposal includes a manufacturing component. Otherwise, the proposal would be permitted under the existing zoning of the site. The Business Park concept was introduced in the late 1990s in order to provide the appropriate locations, facilities and environment for the demand for research, high technology and light manufacturing and related office uses, such as call centres and technical repair functions in a campus -like setting. A major feature of the Business Park concept is extensive landscaping, large lots and high quality design standards. The "BP" Business Park zone permits a limited range of uses that are generally appropriate in most business park environments. No outdoor storage or activity is permitted in the `BP" Business Park zone and any manufacturing or assembly activities must be of a nature that they: • are wholly contained within a building; • do not require or result in outside storage of materials, partially finished or finished products; • do not result in the discharge of smoke, fumes, vapours, vibrations or noise which is visible or detectable beyond the lot on which the use is located. From the beginning, the applicant has referred to this area of the Highlands of Drury Cove as the "business park" area of the development; however, due to the limited range of activities originally contemplated by the applicant (i.e. office buildings and a possible restaurant/inn on the cove), the area could be placed in a `B -2" General Business zone and thus avoid the need for a Municipal Plan amendment. Generally, the introduction of manufacturing activities in proximity to or within a residential neighbourhood is not encouraged. However, the applicant is confident that the scale and intensity of the manufacturing component of its proposal will not have any greater impact than the potential activities that are already approved for the site. Based on the attached submission, the applicant is obviously proposing a high quality development that will complement the area and add to the distinctive nature of its development. Provided that the uses are limited to the applicant's proposal, approval of the proposed amendments can be recommended. Section 39 Conditions As noted in the Background, the existing "B -2" General Business zoning of the property is tied to a Section 39 resolution setting out conditions with regard to uses, site development and payment of the lot levy that was put in place in order to recover the City's significant up -front expenditure Drury Cove Developments Inc. Page 8 71 Drury Cove Road June 22, 2007 when the trunk services were extended to this area. These conditions should remain applicable in conjunction with the `BP" Business Park zoning, with the necessary changes to the uses that will be permitted in order to accommodate the current proposal. With regard to the actual amount of the lot levy, the present conditions require a payment of $2,500 for every 1,000 square feet of floor space, regardless of use. This dollar amount was set on the basis of the majority of anticipated uses being offices only (i.e. there would be no manufacturing or extensive indoor parking area). While a payment is still considered necessary, for this particular development it is recommended that the lot levy be calculated at a rate of $2,500 for every 5,000 square feet of floor space in recognition of the nature of the overall use of the building. Subdivision The proposed subdivision of the site involves the creation of the lot for the development, as well as the vesting of the proposed walkway area along the shoreline as land for public purposes (LPP) and the creation of a new public street (Stonegate Drive). The property will front on this new street, which is intended to be extended into the future development area as further development proceeds. The proposed name Stonegate Drive is not similar in sound or spelling to existing streets in the greater Saint John area and can, therefore, be recommended for approval. The proposed LPP is consistent with the original concept for the Highlands of Drury Cove to provide public access to the inner cove in this area. The parcel will connect with existing LPP that extends into the condominium area to the north and beyond, resulting in a continuous public linear open space corridor from Stonegate Drive to Fox Point Drive, Deer Glen Drive and the upper portion of Drury Cove Road. The subdivision recommendation includes Common Council's assent to the proposed public street, LPP and any required municipal services easements and public utility easements. Council authorization of the required City /developer subdivision agreement, to ensure the provision of the required street work and service extensions, is also included. Potential Further Required Aonrovals The applicant has not prepared a detailed site plan as its primary objective at this time is to ascertain whether or not the proposed use will be approved. Because of the preliminary nature of the applicant's plans, this report does not address any potential variances that may be required as more detailed plans are prepared. Given the unique nature of the site and proposed development, it is anticipated that at least some variances may be required, and these will be considered when they are identified. RGP /r Project No. 07 -106 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT pom. Fox PokA a• 1 oi Fox P"� ` • j \` I .iF .I. OPI .° k P°r D .� • ln. j if ^\ ' 1 TH • RS- " . RF. 00 4%e .,• ,l' • t t r ( 1 RF 47k�� I % N ; B -2 t .,• •$' 1 e- � .•• t .° RUTF7 R r �. °. 1} t PID(s) /NIP(s): Subject Site /site en question: ® 55175558 55027163 (portion) Location: 71 chemin Drury Cove Road 55161384 (portion) 55178909 (portion) Date: May 18 mai 2007 [Scale/dchelle: Not to scale /Pas A I'6chelle TH � r PROPOSED •%BP; ' '\ 3.2 Ac,- 0.4 LP 1 �` PID.: #r5� ;61384 r "• op W �T J• ll , QUO R� r .•o' !f• E f • prOp�S ��r A ' Z5 Pi�y Cove RJck O I1&4LANDS uF Dn'U4Y CGv= echnetcgy Centre Aprl. 5, 2CGI r T�_ !L'1 c rk . 4-: IRS jt �r OR 7 c rk . I' s J� f 1t � �, IRS jt I' s J� f 1t � �, July 2, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: White Rocks Road BACKGROUND: At its meeting of June 4, 2007 Common Council resolved; That Common Council approves the transfer of ,$150, 000 in the Saint John Industrial Parks Ltd. Capital Budgetfrom the Paddy's Hill Drive project to the White Rocks Road project. The Saint John Industrial Parks (SJIPL) would like to thank Common Council for its ongoing support and cooperation. The White Rocks Road project is an important step for the SJIPL as it aims to fulfil its mandate in the Spruce Lake Park. Serviced land will be available for fall 2007 development. RECOMMENDATION: That this report be received and filed. Respectfully submitted, J.C. MacKinnon, President Saint John Industrial Parks Ltd. SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E21, 4L1 Bureau des Commissaires du Service de Police de Saint John C.P. 1971 Saint John Nouveau - Brunswick Canada E2L 4L1 ANDREW BRITTON Chair /President DAVID EMERSON Vice Chair/Vice President CHARLENE HAYES Secretary/Secretaire IVAN COURT Commissioner/ Commissaire NORMAN McFARLANE Commissioner /Commissaire ALLEN G. BODECHON Chief of Police /Chef de Police SARAH WILSON Executive Secretary/ Secretaire Administrative Telephone/Telephone: (506) 674 -4142 Fax/Telecopieur: (506) 648 -3304 E- mail /Courriek sarah. wilson@saintjohn. ca SAINT JOHN Explore our past/ Explorez notre passe Discoveryourfuturel Decouvrez votre avenir July 5, 2007 His Worship Mayor Norman McFarlane And Members of Common Council Your Worship and Councillors: Re: 2007 Operating Budget — April YTD Financial Results Attached for the information of Common Council is a copy of the Saint John Police Force 2007 Operating Budget Analysis covering the period from January 1 to April 30, 2007. This report was accepted at a meeting of the Saint John Board of Police Commissioners on July 4, 2007, and is provided to Common Council in accordance with Article 7(3) of the New Brunswick Police Act. submitted Andrew Britton Chair Attachment C: Greg Yeomans, Commissioner of Finance 1 fii REPORT TO SAINT JOHN BOARD OF POLICE COMMISSIONERS PUBLIC SESSION July 4, 20,07 Andrew Britton, Chairman and Members of the Board of Police Commission Chairman Britton and Members SUBJECT 2007 Operating Budget — April YTD Financial Results BACKGROUND The purpose of this report is to provide the Board with an April 30, 2007 update on the financial position of the Saint John Police Force's Operating Budget. FINANCIAL POSITION/RESULTS For the period ended as at April 30, 2007 the Saint John Police Force was under budget by $235,675, which is equivalent to 3.93% of the Year -to -date operating budget of $57998,275. ➢ Overview of the Under Budget Variance �;- There were five key items that contributed to the $235,675 favorable budget variance for the first reporting period in 2007. The savings identified in the Goods and Services accounts relate to the timing of purchases rather than the actual reduction in expenditures, 1. Salaries and Wages were under budget by $99,637. 2. Overtime costs were slightly under budget by $7,357. 3. Fringe Benefits were under by $48,740. 4. Good and Services were below budget by $117,162. 5. Wage costs for Other Personnel and Court Time were over budget by $37,221. Yyy Andrew Britton, Chairman and Members of the Board of Police Commission July4, 2007 Page 2 Subject: 2007 Operating Budget — April 2007 Financial Results ANALYSIS The Variance Analysis Report explains any variance of +/- $5,000 from Budget to Actual results for a specific reporting period. In addition, there is a commentary section of the report that identifies and provides an explanation of significant variances from the budgeted amounts. Budget — Variance Analysis SALARIES AND WAGES Local 61 Salaries were under budget by $90,165. This saving was attributed mainly to three vacancies that occurred during the first four months of the year Local 61 The overtime incurred for the first four months is below target based on the 4 -month budget allocation. The peak period for overtime is typically during June- September when resource levels are reduced due to higher number of members on vacation, star time, and other time off. OTHER PERSONNEL COSTS Court Time - Local 61 The court time for the Patrol- Uniform division is over budget by $34,806 for the first quarter of 2007. Court appearances are scheduled by the judicial system and officers often are required to attend hearings on their days off. GOODS & SERVICES The under budget amounts for the various Goods and Services is primarily attributed to the timing of purchases and the allocation of the budget over the twelve months. For example, there is an actual expense amount of $100,653 for vehicles purchases at the end of April and the budget allocation was made in May -July for the acquisition of new cars. The first trimester or the April financial reporting period has not been a good indicator of the projective year -end financial position of the Force. Andrew Britton, Chairman and Members of the Board of Police Commission July4, 2007 Page 3 Subject: 2007 Operating Budget— April 2007 Financial Results This is a time of the year when resources levels are higher (low overtime) and the purchase of high value Goods and Services are usually not completed until June to August of the fiscal year due to tendering processes and delivery times. The August financial report provides a better snapshot to use when projecting the year -end budget position as the summer season is completed and all major purchases are finalized. INPUT FROM OTHER SOURCES The financial data used for this report was extracted from the financial information that was generated and provided from the HTE financial reporting system by City of Saint John finance staff. RECOMMENDATION • It is recommended that the Board accept and approve this Financial Report for the period ended as at April 30, 2007 and forward a copy to Common Council as required under Section 7 (3) of the New Brunswick Police Act. Enclosed reports and documents: Budget Variance Analysis — April 30, 2007 Consolidated Statement of Operations — Comparative Report 2007 vs. 2006 Detailed Statement of Operations Respectfully submitted, 11/� L710 Mary . Corscadden DIRECTOR HR & FINANCE 4 K4 POLICE /Wilham Of. Reid DEPUTY oe :Allen G. Bodechon CHIEF OF POLICE SAINT JOHN POLICE FORCE BUDGET VARIANCE ANALYSIS For the Period Ended April 30, 2007 Budget Expenses Variance Current Variance is: Timing Actual $ 59998,275 $ 5,762,600 $ 2359675 $ 2059667 $ 30,008 Details of Actual variance: (Comment on Actual variances over /under $5,000) FYnpncp Catpoory Variance Explanation of Variance Salaries & Wages $999637 • Non -Union Salaries — ($9k) - This variance results from a coding error and it will be corrected in the next reporting period. Salaries -486 is under budget by $29k and there is an offset in Salaries -Temp for ($11 k). This initial saving will be decrease by the end of the year. • Local 61 Salaries are under budget by $90k and most of this variance relates to 3 vacancies that occurred during the first reporting period. • The increase in Salaries -Temp for ($11k) has a corresponding offset of $29k for Salaries -486. Overtime $7,357 . Overtime - Patrol: Overtime was under budget by $7k for the first four months of 2007. Overtime- Non -Union ($6k): Coding error and this amount will be corrected in June 2007. Other Personnel Costs ($37,221) Court -Time: Payment for overtime relating to court appearances for Patrol members was over budget by ($37k). Fringe Benefits $48,740 . Benefits are calculated at 21 %. This expense is directly proportional to actual wages and other earnings for the year. Saint John Police Force - April 2007 Budget Variance Analysis Eznsnse Catenery Variance Explanation of Variance General Services $59,904 Telephone ($18k): This amount results from the timing and coding of invoices from Aliant. • Radios $40k: There is a coding error of charges between the Telephone and Radio accounts that will be corrected in the next accounting period. • Employer Training: This account is under budget by $13k and this is due largely to the delivery time of courses. • ETS Training 15k: This amount is cost recovery from providing ETS refresher training to Pt. Lepreau and these funds will offset 2007 training costs for the SJPF ETS team. Insurance $33,716 Vehicle Insurance: The actual premium cost for insurance coverage in 2007 (fleet and facilities) was $30k less than anticipated. A new tendering process has realized 10% lower premiums, but claims in 2007 are higher than expected. Professional Services $20,664 . Other Services: Under by $14k and this is a timing issue between the budget allocation and when actual services are rendered. Other Purchased Services $95576 • Other Purchases: Under by $10k and this is a timing issue between the budget allocation and when actual services are rendered. Repair & Maintenance $4,284 . No significant variance at the end of April. Rentals $650 No significant variance at the end of April. Saint John Police Force — April 2007 Budget Variance Analysis Frnansa Catanory Variance Explanation of Variance Purchased Goods $58,584 Other Goods: $15k —Timing difference between when purchases occur and the monthly budget allocation. • ETS Equipment and Supplies $6k — Timing difference between when purchases occur and the monthly budget allocation. • Firearms and Ammunition $12k — Timing difference between when purchases occur and the monthly budget allocation • Special Operations $12k — Timing difference between when Special Investigative operations occur and the monthly budget allocation Government Services $1,4732 No significant variance at the end of April. Internal Services ($5,823) Fleet Maintenance: Fleet maintenance costs were under budget by $9k and this variance results from the timing of when repairs are completed and the monthly budget allocation. • Building Maintenance: The repairs and maintenance costs to the police facilities were over budget by $17k but there a year -end accrual entry for $17k that will be reversed in June to clear this amount.. • Evergreen Computer Replacement Program $9k — Timing between the monthly rental charge by the City's ISS Dept for of all computers assigned to the Police Force and the budget allocation. Saint John Police Force - April 2007 Budget Variance Analysis Expense Category Variance Explanation of Variance Asset Purchases ($65,866) Vehicle Purchases: ($101k) —This variance is a timing difference between the receipt of new units and the budget allocation in May -July 2007. • Office Furniture, Equipment, Computers & Other Assets: These under - budget amounts for $35k are related to the timing of purchases. July 13, 2007 Your Worship and Councillors: SUBJECT: Land for Public Purposes 1709 Hickey Road The Planning Advisory Committee considered the attached report at its July 10, 2007 meeting. Mr. Ronald Scott of Scott Bros. Ltd. appeared before the Committee in support of the application and staff recommendation. Ms. Paula Tippett also appeared before the Committee, and while she had no objection to the proposal, did indicate her desire that an existing fence to the north of the area (parcel shown as "Scott Bros. Ltd. — Future Location of Heather Way ") not be removed, nor that a vehicle barrier situated at the end of the existing portion of Heather Way be removed. There was also a letter received regarding this application (see attachments). After considering the presentations and staff report, the Committee resolved to adopt the staff recommendation, which is set -out below for your convenience. The Committee also approved the proposed right -of -way as the means of access to the Land for Public Purposes. There is also another report concerning the City purchase of the remainder of the subject area (parcel shown as "Scott Bros. Ltd. — Future Location of Heather Way ") on the Council agenda. RECOMMENDATION: That Common Council assent to the attached photo- reduced Eastwood Subdivision (Revised 2007) tentative plan that would vest four parcels of land as Land for Public Purposes, including a 4207 square metre (45,285 square foot) parcel of land (Land for Public Purposes No. 3) that would satisfy the L.P.P. requirements for this developing subdivision at 1709 Hickey Road. Respectfully submitted, Stephen Cronk Vice - Chairman Attachments ' V • Planning and Development Urbanisme et developpement www.saintjohn.ca DATE: JULY 63 2007 P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JULY 10, 2007 f yo.l.,lJl..1l. cz `S1r,t 1 Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Kierstead Quigley and Roberts Ltd. Name of Owner: Scott Bros. Ltd. Location: 1709 Hickey Road PID: 55167902 & 55094999 Municipal Plan: Low Density Residential R 11W ia The City of Saint John Zoning: "R -2" One and Two Family Residential and "RS -2" One and Two Family Suburban Residential Proposal: To consider a different Land for Public Purposes dedication for a developing subdivision. Type of Application: Subdivision Eastwood Subdivision Page 2 1709 Hickey Road July 6, 2007 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning land for public purposes dedications in conjunction with the subdivision of land. The Subdivision By -law authorizes the Committee to approve other accesses than public streets when advisable for the development of land. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to the attached photo- reduced Eastwood Subdivision (Revised 2007) tentative plan that would vest four parcels of land as Land for Public Purposes, including a 4207 square metre (45,285 square foot) parcel of land (Land for Public Purposes No. 3) that would satisfy the L.P.P. requirements for this developing subdivision at 1709 Hickey Road. 2. That the Planning Advisory Committee approve the proposed right -of -way over PID No. 55094999 from Heather Way as the means of access to the Land for Public Purposes No. 3 parcel. BACKGROUND: On April 9, 1991 the Planning Advisory Committee favourably considered a rezoning and subdivision application by Scott Bros. Ltd. to rezone the subject property at 1709 Hickey Road from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential in order to undertake a new residential subdivision development (see attached Eastwood Subdivision tentative plan — Original 1991). All the necessary assents and approvals were recommended to Common Council. Council assented to the subdivision on May 6, 1991. On May 4, 2004 the Committee considered a further report with respect to new names for the proposed streets. This change was at the request of City staff (Civic Addressing). These new names appear on the attached Eastwood Subdivision tentative plan (Revised 2007). Later in 2004 the Developer began construction of the initial phase of the project, which involved 13 serviced residential lots along a portion of Omega Drive and Kappa Avenue. The Developer is intending to undertake the next phase of this subdivision later this summer, which will involve the remainder of Omega Drive, Lamda Avenue, and a portion of Sigma Street. Eastwood Subdivision Page 3 1709 Hickey Road July 6, 2007 INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to this proposal. Building and Technical Services has no concerns with regards to this application. Leisure Services originally supported the acquisition of a Land for Public Purposes dedication along the Little River. ANALYSIS: On May 6, 1991 Common Council assented to a new residential subdivision development by Scott Bros. Ltd. (see attached Eastwood Subdivision tentative plan — Original 1991). Part of the approval included the assent to three Land for Public Purposes dedications. Two of these dedications (shown as LPP2 & LPP3 on the original plan) were narrow strips of land to prevent access onto Hickey Road and Heather Way. Originally they were proposed to be 3 metres (10 feet) in width, but were approved on the basis that they would be reduced to 1 metre (3.3 feet). Besides these two mentioned L.P.P. parcels, a more central dedication was proposed at the intersection of Redwood Street and Chestnut Lane (now known as Sigma Street and Lamda Avenue). This dedication was initially to be approximately 1970 square metres (21,206 square feet), but was enlarged to include the adjoining Lot 68 in light of the reduced widths of LPP2 & LPP3 parcels. Also required was a L.P.P. dedication to be located somewhere along the north section of Ridgewood Drive (now Omega Drive) in order to provide for the potential of a walkway towards the Little River. The Developer undertook the initial phase of this subdivision in 2004, and has now expressed a desire to undertake a further phase this year. However, before proceeding the proponent would like to dedicate a 4207 square metre (45,285 square foot) L.P.P. parcel adjacent to the Little River (shown as Land for Public Purposes No. 3 on the attached Eastwood Subdivision tentative plan — Revised 2007) instead of the originally proposed L.P.P. in the vicinity of Lots 68 -71. The Developer is also seeking to sell the remainder of this parcel of land (PID No. 55094999) at the end of Heather Way to the City, which was favourably discussed with City staff some time ago. This area is shown on the revised tentative plan as "Scott Bros. Ltd. (Future Location of Heather Way)." This is subject to negotiations and acceptance by Common Council. In the meantime a right -of -way would be provided over this portion of the property in order to ensure public access to the proposed L.P.P. dedication. The City has no plans to extend Heather Way, but if approved by Council would own this land that contains long- existing sanitary sewer works. The Subdivision By -law requires that 6 percent of the subdivision area (exclusive of public streets) be dedicated as Land for Public Purposes. The entire subdivision requires a dedication of Eastwood Subdivision 1709 Hickey Road Page 4 July 6, 2007 3432 square metres (36,943 square feet). The Developer is proposing a total dedication of 5002 square metres (53,843 square feet), which is 1570 square metres (16,900 square feet) more than required. .When the original subdivision proposal was considered by the City back in 1991, while the Parks Department could support the originally proposed L.P.P. dedication, they felt a more desirable dedication would be along the Little River, which is also encouraged by the City's Municipal Development Plan. In light of the support for a L.P.P. dedication along the Little River, the request by the Developer for the new location of the main L.P.P. dedication can be recommended with access being provided via the proposed right -of -way. This right -of -way will no longer be necessary should the City purchase the remainder of the property. R - -i PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT RS- 2 R S 2 �� w � s�.� b {7I � CA tYF RS2, RS -2 TU 4 i I `-t t a IL- 2 RS- PID(s) / NIP(s): Subject Site / site en question: s ;) 55167902 55094999 Location: 1709 Hickey Rd. / ch. Hickey Date: June / juin 26, 2007 Scale / echelle: Not to scale / Pas a 1'echelle RS-1 • M 1 14 i it or S- t r ION t � t a Of �s t ., SOO* w � 3 j :1 t ' t '♦ %� ♦ t t S rt \ .i t w= S5% � =Z W L .i •i z wi } r i .f $A •) . F +i = • •i II «• V i iI pp�l! Opp M3 Woe •� i It all iL e W W a r N O O O 3 W J 0 z « r Mi s •i ' ei� ei w 3 «i _i i V M jt f� E X RA Y . • i i v e 0 K w i t Y xy V ' �loM qtr O� Haw ei w 3 «i _i i V M jt f� E X RA Y . • i i v e 0 K w i t Y xy V ' �loM qtr O� d p pOd � Fa i 'y c i �ro� $ ii Yo p I Orc /P 3� ^ta` ad e•fl E R t eN�� n n I? Woo Wig It 'ow .t,�FA �i A q p� g'�Y '4 �• 4ww p P g '�' ��E6 �S g �xP A �9e �•f i' 8 e� 8 A 59 v IT 505 w T' x 39 PS BP r•`" �# sa r gg s °tli so �O e P x •a �q A J§ P A. " v i� Y .i Y T i Ih W Wro nFAJ� p ®$P S 8 S'Y R It wR x w A 9a IF °� x n8 a a v a %f a �� a s� 4 E 31 a e a ww T e Y s spa 59 �9 3 ..f q Q� y�A ^x ��. R .� �§ Qa �E ♦E A t^ Jy• �O y �e „a ga R 8 a$ a i 3 i "fir �' g ��'• 4 9e �a �i a �"€ 6y. 1d N°W'Y eT. qY P'°• 9 b ^P 'riy c 0.. a J"a •, a :.r . s 3 OL f o priVe e a 08 3 3 `i R 3 N.B. and Noeh - a�� WoY o Het/ w e,aate. wml �\ s. m., 5cp11 YEW O LUMYS aid ° I 4 np .3 0104 Naw 'a AeoA ' I 5800 -1 n j 0 I O Z CT Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, N.B. E2L 4L I Dear Sirs: 4273 Loch Lomond Rd Saint 1 Chn, N.B. I &„"vvv� July 2, 2007 RECEIM JUL 5 2007 RE: Eastwood Subdivision (Land for Public Purposes) 1709 Hickey Road In reply to Mr. O'Heam's letter of June 26 concerning the changes in Land for Public Purposes in the Eastwood Subdivision: Although it is true, as noted by the Parks department, that it would be more advantageous to the public to designate land along the Little River as Land for Public Purposes, I have some concerns about the proposed changes. Currently, the land at the top of the bank of the Little River has been used by the public for walking trails and ATV trails, and by some people for the abandonment of old cars and other debris. We have watched people at the current construction area throw construction debris over the bank. Activities of this kind (ATVing, depositing old cars, and tossing garbage) pose risks to the integrity of the Little River, a clean river, home to ducks and other living things, which originates from the City water supply and flows from the Lakewood Reservoir. These damaging activities would also pose risks to our adjacent property. If the land is to be developed for public access: 1. The integrity of the Little River and Conacher Brook must be protected during any construction of walkways, etc., to prevent contamination, siltation, etc. 2. Toxic products such as pressure - treated wood should be avoided, and no pesticides or herbicides should be used. 3. A fence should be maintained between the edge of the property and our adjoining Property at 1440 Loch Lomond Road. 4. Barriers should be maintained to prevent ATV and other motor vehicle access to the River and Brook, and to prevent deposition of junked cars and other debris. 5. The river bank should be kept treed. 6. To further protect the Little River the City should ensure that Conacher Brook and its source Tyner's/Cruikshank/Blackall Lake are protected from contamination. July 13, 2007 Your Worship and Councillors: SUBJECT: Lakewood Heights Subdivision North Star Holdings Ltd. 436 Summit Drive The Planning Advisory Committee considered the attached report at its July 10, 2007 meeting. Mr. Bob Darling of North Star Holdings Ltd. appeared before the Committee in support of the application and staff recommendation. There were also presentations made by several area residents from the Summit Drive area. While the residents were not objecting to the proposed new subdivision development, they did express concern that as the development expanded all the traffic would be limited to just the one proposed street connected to Summit Drive. Both the Developer and staff later explained that there would be a requirement an additional public street access on Willie Avenue in the next phase of the development. There was also correspondence received from another area resident (see attachments). After considering the presentations and report, the Committee resolved to adopt the staff recommendation, which is set -out below for your convenience. The Committee also granted the requested width variance for proposed Lot 07 -1, and approved the street name "Dolly Drive." RECOMMENDATION: 1. That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the attached photo- reduced Lakewood Heights Subdivision tentative plan, including the proposed new public street (and future streets), and any necessary municipal services and public utility easements. 2. That Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. Planning Advisory Committee Page 2 July 13, 2007 3. That Common Council accept a cash -in -lieu Land for Public Purposes dedication for this subdivision development. 4. That Common Council authorize cost - sharing outside of the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By -law. Respectfully submitted, Stephen Horgan Chairman MRO Attachments Project No. 07 -261 Planning and Development Urbanisme et developpement www.saintjohn.ca DATE: TO: FROM: FOR: SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: JULY 6, 2007 P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E2L 4L1 PLANNING ADVISORY COMMITTEE PLANNING AND DEVELOPMENT MEETING OF JULY 105 2007 W AiN CN CbQai ) Mark O'Hearn Planning Officer Kierstead Quigley and Roberts Ltd. North Star Holdings Ltd. (Bob Darling) 436 Summit Drive 551675973 55158760,55167571 & 55158760 Low Density Residential "RS -2" One and Two Family Suburban Residential To undertake a new phase of the Lakewood Heights Subdivision. Type of Application: Subdivision and Variance that would reduce the minimum lot width requirement of 22 metres (72 feet) to approximately 20 metres (66 feet). North Star Holdings Ltd. Page 2 436 Summit Drive July 6, 2007 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning subdivision developments, including the location of public and future streets, municipal services and public utility easements, and land for public purposes (or acceptance of cash -in -lieu ) dedications in conjunction with the subdivision of land. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. The Subdivision By -law authorizes the Committee to approve new street names. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the attached photo- reduced Lakewood Heights Subdivision tentative plan, including the proposed new public street (and future streets), and any necessary municipal services and public utility easements. 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. That Common Council accept a cash -in -lieu Land for Public Purposes dedication for this subdivision development. 4. That Common Council authorize cost - sharing outside of the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By -law. That the Planning Advisory Committee grant a variance from the requirements of the Zoning By -law that would reduce the minimum lot width requirement of 22 metres (72 feet) to approximately 20 metres (66 feet) for proposed Lot 07 -1 on Willie Avenue. 6. That the Planning Advisory Committee approve the name Dolly Drive for the proposed new public street. North Star Holdings Ltd. 436 Summit Drive INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has been advised of this application. Building and Technical Services has no issues with regards to this matter. Saint John Transit has been advised of this application. Page 3 July 6, 2007 Saint John Energy has facilities in the general area that could be extended to service the proposed development. Any costs and easement requirements can be discussed with the Developer when detailed servicing plans are prepared for approval. Aliant Telecom has no servicing issues with regards to this subdivision proposal. Rogers has been advised of this proposed development. Maritimes & Northeast Pipeline has no concerns with this project. Leisure Services has been advised of this matter. Fire Department has no objection to the proposed subdivision provided the public streets are constructed to at least the minimum requirements of the National Building Code of Canada. In addition, the Fire Department requires that the hydrant network that exists on Summit Drive must be extended in accordance with the hydrant separation distances as adopted by Saint John Water. School Board has been advised of this application. ANALYSIS: Subject Site and Neighbourhood The subject area is comprised of four parcels of land having a total area of 6.3 hectares (15.6 acres). The site has frontage on Summit Drive and Willie Avenue, and the property is covered by trees. There are nineteen (19) properties that adjoin the subject site. To the south and west is the Lakewood Heights Subdivision (Summit & Riley Drive and Willie Avenue neighbourhoods). To the east is City water tower. The lands to the north have remained undeveloped and are also covered by trees. North Star Holdings Ltd. Page 4 436 Summit Drive July 6, 2007 Development Proposal and Variance The Developer, North Star Holdings Ltd. (Bob Darling of Darling Construction Ltd.), is seeking permission to undertake a new phase of the Lakewood Heights Subdivision (see attached photo - reduced tentative plan). This phase would consist of a new public street (Waylon Drive) from Summit Drive with 13 fully serviced residential lots. There would also be a new lot (Lot 07 -1) created along Willie Avenue (between 22 & 26 Willie Avenue), which had been reserved for the possibility of extending Lakeview Drive further north. The new subdivision development along Waylon Drive can satisfy the applicable Zoning and Subdivision By -law requirements. However, proposed Lot 07 -1 on Willie Avenue only has a width of 20 metres (66 feet), whereas the "RS -2" One and Two Family Suburban Residential zoning requires a minimum width of 22 metres (72 feet). A variance would have to be granted by the Planning Advisory Committee in order to create this building lot. Staff can support this variance since there still would be sufficient width (14 metres or 46 feet) to construct a new dwelling on this proposed lot. As mentioned it was intended to be used as a public street. Provisions of Work and Facilities The Subdivision By -law requires the Developer to construct the proposed new public street (Waylon Drive) to Local Street standards. This would include a 9 -metre (30 -foot) wide asphalt surface, concrete curbing on both sides, and the installation of a 1.5 -metre (5 -foot) wide concrete sidewalk along the one of the new street. Underground public utilities, street lighting, and full municipal services (i.e., sewer, water and storm) would also have to be provided. This was the requirement for the newer phases of Lakewood Heights Subdivision, though the original development was not constructed to all these standards. With respect to the Future Streets proposed at the end of Waylon Drive for this initial phase, it is intended that these parcels would be vested to the City for the purposes of being later constructed as part of the public street network. In the meantime the Developer will develop a gravel turnabout in this area. There will need to be a notation placed on the final subdivision plan that will prohibit the construction of any private driveway to the Future Street right -of -way adjacent to proposed Lot 6 -B until such time that the public street is constructed. The Development Officer will not endorse the final plan unless this notation is included. With respect to the preliminary subdivision design illustrated on the submitted tentative plan, as discussed with the applicant, a public street will have to be provided between 118 & 132 Willie Avenue in the future phase. This will provide the development with two public street accesses to the existing Lakewood Heights Subdivision. Presently this area is being used by the City (via a right -of -way) to access the water tower situated behind 196 Willie Avenue to the east of the subject area. North Star Holdings Ltd. Page 5 436 Summit Drive July 6, 2007 The staff recommendation includes all the necessary assents and approvals for this proposed subdivision. Also required will be a detailed drainage plan subject to the approval of the Chief City Engineer to ensure proper drainage. Land for Public Purposes The Subdivision By -law requires that a Land for Public Purposes dedication of 752 square metres (8,093 square feet) be provided by the Developer for this subdivision. The proponent has requested that a cash -in -lieu Land for Public Purposes dedication be provided for this initial phase of the development. A land dedication may be included in the next phase of the project. As previously mentioned in previous reports, the Lakewood Heights Subdivision enjoys the benefit of the Lakewood Heights School property that is centrally located on Lakeview Drive. This 3.53 hectare (8.72 acre) property includes a large sports field and associated amenity spaces. In addition, there is also an undeveloped Land for Public Purposes dedication between 9 & 15 Willie Avenue. This 7240 square metre (77,933 foot or 1.8 acre) area could eventually be developed, especially with the support of the neighbourhood, into a playground or other such amenity space. In previous phases Leisure Services has supported the acceptance of cash -in -lieu in light of the public lands available in this subdivision. Consistent with these other applications, a cash -in -lieu dedication can be recommended. Street Naming The Developer has proposed to name the new public street "Waylon Drive." However, Civic Addressing has determined that this name sounds similar to another existing street name. After some discussion the name "Dolly Drive" has been accepted, and is recommended for approval by the Planning Advisory Committee. CONCLUSION: The proposed subdivision would continue the development of the Lakewood Heights Subdivision. The proposal can satisfy the requirements of the Zoning and Subdivision By -laws (except the width of proposed Lot 07 -1 as mentioned). All the necessary assents and approvals have been recommended. MRO Project No. 07 -261 3�13bg��8 i t s '�l1 :' lice` t vy ,, yyJ \(; pp 133tt 13 itEUe3 xJPOiiaai 4 _ p i a V�p n J�S k } 1 810 -1 am S2 g 1 o'c i 9 z dN' 2� N i QQ OMNI > 60 11 z O w' $t ~YN v. Y ° N Se! ldf NN, .r e �T. PI 4 N 1 810 -1 am S2 g 1 o'c i 9 z dN' 2� N i QQ OMNI > 60 11 z O w' $t ~YN v. Y ° N Se! ldf NN, .r e �T. DOTS `� •, OA. NOON Ouw ., __— � a 1 J N 1 i v ip m o > i� ____ __ Z. _ r _ J 3 a a NOOolg , ` L t Neoax mw w n IN v NONNI 3 . Awl yNONs 01 q wNva Y IN wN..s ... ,e � cerJ p.mr IN 0 `rPf' NP JYY NON IN w,l /C I p . <' 91 �;� Ql PPY ...0 O. \' 0 oast . ^^ I IN L-40 ~ ♦PP .. E ,! i Y IwnA v .wan .q...s.y PPp ..ON,, Uem Wow♦ P. €P cPti 3i 'P 4 �aA a¢�ia+ i «. SaP. j�e �!a 33 8Nsi 33 ` �Y {, � 192 Y Y BAIJQ j!wwns anuo M0JAaj0� p04 JWJV4Y IRECE JUL � 4 2007 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, N.B. E2L 4L1 Gentlemen: Re: Proposed Lakewood Subdivision 436 Summit Drive 434 Summit Drive Saint John, N.B. E2J 3Y8 July 3, 2007 I regret that due to the short notice given for the proposed Sub - Division meeting on July 10, 2007 I will be unable to attend due to previous commitments. Please find attached a letter outlining my concerns, as requested, based only on the limited information supplied by Mr. Mark O'Hearn in his letter of June 26, 2007. Yours truly, Mona Fillmore JUL 4 2007 y; 434 Summit Drive Saint John, N.B. � E2J 3Y8 �r,� ��S July 3, 2007 Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, N.B. E2L 4L1 Gentlemen: Re: Proposed Lakewood Subdivision 436 Summit Drive The letter received by Mr. O'Hearn dated June 26, 2007, raises serious concerns about the validity of recent surveying, without mentioning what, if any, impact there will be to properties adjacent to the proposed Waylon Drive. Mr. O'Hearn's letter states Lot 07 -1 on Willie Avenue does not meet the 72 ft RS -2 requirement but has not mentioned that the proposed Waylon Drive also has only a 66 ft lot that does not meet the RS -2 requirement. Please explain how Waylon Drive with a 66 ft lot width can satisfy all zoning requirements, but Lot 07 -1 cannot? The undersigned cannot agree with the proposed road on Waylon Drive until the Variance details and remedial surveying action are made available for review and assessment, prior to commencement of any work on the sub - division. Since clear cutting of the proposed sub - division in the fall of 2006, the flow of groundwater to Summit Drive has increased substantially. In early spring of this year there was approximately 3 inches of water in and around my property due to removal of trees and vegetation that previously held back water run -off. There is no mention in Mr. O'Hearn's letter of how drainage from the proposed sub - division will be addressed. Currently, there is already marginal drainage on Summit Drive from the streets dead end to the intersection of Willie Avenue. It seems the subdivision proposal will be to drain all the water from Waylon Drive via ditches to the existing storm drain at the intersection of Summit and Waylon. I have concerns about the existing single storm drain as it has not performed well in the past with considerably less flow than it will experience in the future under the proposed subdivision scheme. In my opinion, the intersection of Waylon and Summit will experience overflow and water problems with the current proposal. -2- July 3, 2007 Aside from the economic gain of maximizing lots including the proposed new lot 07 -1, the sub - division proposal does not address how proper drainage will be achieved and ensure that adjacent properties on Summit Drive will not be subjected to flooding, based on information received to date. At this time I remain unconvinced the elimination of a roadway at Lot 07 -1 achieves a workable construction plan that best serves the neighborhood. In my opinion, the drainage issue must be reviewed and an approved action plan be in place prior to proceeding with any further work on the sub - division. Yours truly, Mona Fillmore July 10, 2007 His Worship Mayor Norm McFarlane And Common Council Your Worship and Council SUBJECT: Postering By -Law and Enforcement BACKGROUND The By -law Review Committee has been discussing the issue of posters being placed on utility poles. There is a general feeling that postering leads to a deterioration of the poles causing a visual and esthetic blight and can contribute to litter. The on -going maintenance and repair to the poles is costly. The Supreme Court of Canada refers to the fact that "postering" has for centuries been an effective and relatively inexpensive means for communicating political, cultural and social information. The By -law Review Committee has met with the entertainment community most responsible for postering and a shared solution was found. The solicitor's office has begun researching other municipalities with respect to relevant postering by -laws. Given the heavy workload of the solicitor's office, the By -law Review Committee felt it prudent to seek Council's authority to move forward with the creation of this by -law. As Council is aware, without effective enforcement a by -law is meaningless. It has yet to be determined which department could most effectively enforce a postering by -law. The By -law Review Committee is seeking approval from Council to continue to move forward in the drafting of a "postering" by -law with the understanding that enforcement will need to be considered for implementation. Respectively submitted, Deputy Mayor Michelle Hooton Chair By -law Review Committee AND JI� 85 Princess St, Saint John, N.B. Canada E2L 1K5 Common Clerk BY Hand Re Princess Street Improvements PHONE 800 -561 -9444 F AX (506)658 -1201 June 28, 2007 Enclosed please find 12 copies of a letter to Mayor and council re Princess Street Improvements for inclusion in the next council package. I would be prepared to attend to discus if possible. Thank you, David AND JK 85 Princess St, Saint John, N.B. Canada E2L 1K5 Mayor Norm McFarlane And Common Council City Hall By Hand RE PRINCESS STREET UPTOWN IMPROVEMENTS PHONE 800 -561 -9444 F AX 888-6658 -1201 June 28, 2007 Dear Mayor McFarlane; We are happy there has been an announcement on intention to complete capital improvements on Princess Street in the Uptown. We are advised the city staff are making a recommendation to proceed with the Princess Street improvements on a phased program over 3 years commencing 2008 starting at Prince William street and proceeding east, resulting in improvements to the block from Germain to Charlotte street waiting until 2009. This letter will recommend completing work our block from Germain to Charlotte street during 2008. I have been advised by the engineering department there is no necessity work must start on the western portion first. This letter will demonstrate that if there must be a phasing of work over 3 years then our block must come first. We have obtained assessment information from Mapping department at City Hall with the following results . It should be noted these values include all buildings in the blocks in question whether or not their civic address is on Princess Street . DESCRIPTION ASSESSED VALUE BLOCK FROM SYDNEY TO CHARLOTTE STREET 1.8 Million BLOCK FROM CHARLOTTE TO GERMAIN STREET 3 1 Million BLOCKS FROM GERMAIN STREET TO PRINCE WILLIAM ST 2 0 Million If all other things are equal these results recommend commencing work on the portion of the street between Charlotte and Germain Street as this portion has a much greater tax assessment value than any other portion. We then obtained occupancy data by inquiry and observation with the following results; These results are by reviewing the civic addresses on Princess Steet, (excluding those buildings which do not have entrances on Princess Street.) DESCRIPTION Commercial Apartment Premises Dwellings TOTAL BLOCK FROM SYDNEY TO CHARLOTTE 3 29 32 BLOCK FROM CHARLOTTE TO GERMAIN 20 50 70 BLOCKS FROM GERMAIN TO PRINCE WILLIAM These results very clearly recommend commencing the work on the portion of the street from Charlotte street to Germain street as the work completed would benefit far more residents and businesses than either of the other two portions. To further support our recommendation it should be noted there are two major renovations currently underway on our block. One of these, at 81 -83 Princess street has experienced significant difficulties in restoring services after a complete interior renovation due to deteriorated water and sewage service to the property. This will also highlight the problem recently on the street due to water line breakage at 109 Princess street resulting in a street closure Monday June 11 eh during which the water line service was restored to the property. SUMMARY If City Finances require long overdue improvements on Princess street be phased in; We believe the 70 residents/businesses compared to 5 from Germain to Prince William recommend that improvements to Princess Street between Germain Street and Sydney must be completed first in any phased reconstruction program. Please do not hesitate to contact me regarding this letter. We hope this results in a recommendation to City staff to commence work on our block in 2008. Respectfully submitted; David Hayward Controller Lxecativa Direrzor Christopher Lane Grand of Dneclors Euan Strachan, President Carey Ryan, Vice - President Paul Bustin, Vice President Marilyn Williams, Treasurer Dr. Susan Sanderson, Secretary Dianne Scott, Office Manager Dr. Gordon Chapman Dr. Thomas Goud Dr. Kathryn Hamer Peter Hyslop Ann Jamieson Matt Letson Martha MacLean Matthew McKim Cheryl M. G. Robertson Wendy Sentner Gervais Warren Christianne Vachon Horgan !;3¢ern:ruG;;al Advisory cow, "?7 Wendy Nielsen, Chair Sally Breyley Bliss Van Burdon George Fry Michael Gormley Dr Ludmila Kneskova- Hussey Rosemarie Landry, C.M. Dr. S. Timothy Maloney Hon. Margaret Norrie McCain, 0. C. Mary Lee McKenna Rev. D. Erik Oland, S.J. Lisa Roy Dr. Peter Simon Pierre Vachon Fawn Wilson White Marsha Zed June 28, 2007 Mayor Norm MacFarlane and Councillors c/o Common Clerk's Office City Hall PO Box 1971 Saint John, NB E2L 41-1 Your Worship and Councillors: Imagine an aria without a voice, an orchestra without a conductor, a lavish set without lights. All are important parts of creating an opera, but all are impossible without your financial support. During the past twelve years, Opera New Brunswick has been bringing high quality operatic productions to the people of New Brunswick through fully staged operas and concerts. Following our highly acclaimed production of Puccini's Toss in 2005, we are striving to maintain our world class standard as we prepare to present Verdi's grand opera La Trawata in September 2007. The existence of professional artistic organizations such as Opera New Brunswick assists businesses and learning instihttions in attracting quality personnel with advanced degrees and top management skills. Moreover, Opera New Brunswick contributes immeasurably to the quality of life of our region and is a factor in evaluation of our city and province as a potential relocation site for the corporate community. we are requesting sponsorship for this year's production of La Traviata in dre amount of ;30,000. As you will see in the attachment, this production of La Trdviata is at a nationally recognized artistic level and involves significant expenditures as outlined in the budget. As a leader in the New Brunswick artistic community, Opera New Brunswick is committed to serving the province, and in particular the greater Saint John area, through innovative musical programming, education programs, outreach projects, and new artistic endeavors. Opera New Brunswick provides a variety of important services to our community: It assures that a pool of highly- skilled musicians continues to be available to provide quality, professional -level musical education throughout the city Through our special Student Dress Rehearsals, Opera New Brunswick has been instrumental in introducing children to enjoyable, educational musical experiences It is committed to the development and promotion of young, emerging New Brunswick singers through our Master Class opportunities and casting of these emerging artists in our various productions • It is committed to the inclusion of local singers, actors and volunteers with 90% of our programming taking place in the Greater Saint John area PO Box 6671, Saint John, NB E21L 4S1 Telephone: (506) 847 -5800 www.operanb.com E -mail: operanb@nbnet.nb.ca t`zecu < C %irec; r<5r Christopher Lane IdoA (o of Euan Strachan, President Carey Ryan, Vice- President Paul Bustin, Vice President Marilyn Williams, Treasurer Dr Susan Sanderson, Secretary Dianne Scott, Office Manager Dr Gordon Chapman Dr Thomas Goud Dr Kathryn Hamer Peter Hyslop Ann Jamieson Matt Letson Martha MacLean Matthew McKim Cheryl M. G. Robertson Wendy Senmer Gervais Warren Christianne Vachon Horgan L -W) Wendy Nielsen, Chair Sally Brayley Bliss Van Burdon George Fry Michael Gormley Dr Ludmila Kneskova- Hussey Rosemarie Landry, C.M. Dr. S. Timothy Maloney Hon. Margaret Norrie McCain, 0. C. Mary Lee McKenna Rev. D. Erik Oland, S.J. Lisa Roy Dr. Peter Simon Pierre Vachon Fawn Wilson White Marsha Zed Your support of Opera New Brunswick: SWICK Enables us to maintain the recognition that a Saint John based enterprise has made on the national artistic map a Enriches the community and the individuals who reside in it through innovative and interactive experiences with the arts Allows for flourishing education programs for thousands of children a Identifies you as a leading municipality in the recognition of the role of arts and culture within the community a Will ensure that we are able to present live opera for years to come The great soprano Maria Callas once said "An opera begins long before the curtain goes up and ends long after it has come down. It starts in my imagination, it becomes my life, and it stays part of my life long after I've left the opera house." Opera New Brunswick depends on the support of all levels of government to ensure that we are able to continue presenting nationally recognized performances that reach beyond the imagination. Your support is critical to sustaining and enhancing Opera New Brunswick's high musical standards, outreach programs and audience development objectives. Join us today and continue to make Opera New Brunswick a part of the cultural excellence that makes Saint John a Creative City. Should you require further insight in order to make a decision, we would welcome the opportunity to make a presentation to you or your staff as appropriate. Thank you for taking time to consider your support of Opera New Brunswick. Sincerely, 446 Christopher Lane Executive Director Euan S. Strachan President, Board of Directors Attachments 1. La Traviata Information a. Synopsis b. Cast & Production Team Listing 2. 2007 Budget PO Box 6671, Saint John, NB E2L 4S1 Telephone: (606) 847 -5800 www.operanb.com E -mail: operanb@nbnet.nb.ca Attachment #1 A r/ � 1 .,, ;i UNSWICK LA IRAVL4TA- SYNOPSIS Act I - Paris, in mid -18th century. There is a great party in the house of Violetta Valery, a well -known prostitute: this is how she stifles the anguish that torments her, since she knows that her health is gravely undermined. A nobleman, Gastone, introduces to her his friend Alfredo, who sincerely admires her. The interest Violetta shows for the new acquaintance does not escape the attention of Duphol, her current lover. While Violetta and Alfredo dance, he declares his love for her and Violetta gives him a flower, a camellia: she will see Alfredo again when the flower has withered. The festivities concluded, Violetta has to admit that for the first time, she has truly fallen in love. Act II Alfredo and Violetta have abandoned the city and are living happily together in a villa in the country. But when he learns from the servant -girl Annina that Violetta is selling her jewels because they have no more money, he rushes off to Paris to find some. Violetta's friend Flora invites her to a party, but she does not want to go and, staying at home, unexpectedly receives a visit from Alfredo's father Giorgio Germont. He accuses her of dragging his son into misery, but Violetta denies this, showing him that it is she who is selling her precious jewels and affirms that she has never asked Alfredo for anything. Giorgio seems convinced, but remains firm in his intent to separate Alfredo and Violetta. Their relationship is considered scandalous and as long as it continues, the other daughter cannot be married. Violetta must choose, and does what she believes to be the best for her beloved. She abandons him, but he becomes blinded by jealousy. Violetta goes to a party once more accompanied by Duphol, who wants to challenge Alfredo to a duel. Violetta implores Alfredo to leave the house; he will go only if she goes with him. She reveals to him that she has sworn not to see him and lets him think this oath was made to Duphol, in order not to have to tell him of the encounter with his father about Alfredo's sister. Alfredo is indignant and treats her like a prostitute. Giorgio arrives and rebukes him for his behaviour, but does not tell him the whole truth. Act III The illness undermining Violetta's health has worsened considerably. The woman is confined to her bed, too weak to rise. A letter from Germont arrives: finally, he has decided to explain everything to his son. Alfredo is touched with pity and is on his way. Violetta is incredibly happy, but, for her, there is no more time; she fears she will not last until his arrival. But at last, there he is, at her side. His father has also come, profoundly regretting his conduct. Tuberculosis kills Violetta before their eyes, in an atmosphere of extreme sorrow, softened only by the delicacy and purity of their emotions. PO Box 6671, Saint John, NB E21L 4S1 Telephone: (506) 847 -5800 www.operanb.com E -mail: operanb @nbnet.nb.ca UNSWICK La Traviata- Cast Listing Violetta Valery Sally Dibblee Alfredo Germont Marc Hervieux Giorgio Germont John Avey Annina Marcia Swanston Gastone Cian Horrobin Baron Douphol Paul Bustin Marquis d'Obigny Thomas Goud Dr. Grenvil Paul Bustin Giuseppe Josh Britten Flora TBC Flora's Servant TBC The Messenger TBC Attachment #16 Fredericton, NB Montreal, QC Montreal, QC Halifax, NS Saint John, NB Saint John, NB Saint John, NB Saint John, NB Saint John, NB Chorus Lauren Andrew, Melanie Beckett, Joshua Britten, Allie Casey, Elizabeth Cormier, Brenda Craig Brooks, Angelina Davey, Lauren Estey, David Farren, Colleen Foster, Patricia Gallagher, June Garnett, Tom Goud, Heather Harker, Allison Hughes, Gary Hyslop, Victor Kindred, Pavel Koulaev, Kate LaFrance, Holly Langford, Kevin Langford, Matt Letson, Owen MacCausland, Alan MacDonald, Graeme MacKay, Maxine MacMillan, Mark McGillivray, Laura McLean, Rosanna Murphy, Theresa Nichols, Theresa Patterson, Jaemi Rost, Gisele Roy, Dave Shoots, Maureen Stackhouse, Jim Warfield, Marilyn Williams, Jennie Wood La Traviata- Production Team Director Tom Diamond Toronto, ON Conductor Giuseppe Pietraroia Victoria, BC Chorus Master Spencer Belyea Saint John, NB Executive Director Christopher Lane Saint John, NB Production Director Dean Roberts Saint John, NB PO Box 6671, Saint John, NB E2L 4S1 Telephone: (506) 847 -5800 www.operanb.com E -mail: operanb @nbnet.nb.ca 0VI UNSWICK 2007 OPERATING BUDGET Revenue Ticket Sales Corporate Donations/Sponsorships Donations ( Individuals /foundations /trusts,etc) Federal Grants (Canada Council for the Arts) Provincial Grants Municipal Grants Other (in -kind donations) Other (HST rebate - La Traviata) Other- program advertising Equity Rebate HST Rebate (2005/2006) TOTAL La Traviato Office/Operations Performing artists' fees Orchestra Creative artists' fees Other artistic expenses Production manager Costumes and sets Technical personnel Supertitles Hall rental Other expenses - rehearsal Advertising, publicity and promotion Program Miscellaneous Expenses TOTAL LA TRAVIATA Payroll Office Liability insurance for board Banking fees NB Festival Scholarship Subscriptions Professional Development Accounting /Audit Fees Storage of costumes Miscellaneous Website hosting TOTAL OFFICE /OPERATIONS TOTAL EXPENSES Budget $95,000.00 $35,000.00 $35,000.00 $16,500.00 $40,000.00 $35,000.00 $15,500.00 $6,000.00 $6,000.00 $30,000.00 $17,000.00 $331,000.00 Budget $53,750.00 $30,000.00 $48,600.00 $14,350.00 $15,000.00 $38,000.00 $7,200.00 $5,500.00 $25,000.00 $5,000.00 $15,500.00 $4,500.00 $5,000.00 $267,400.00 Budget $39,337.97 $10,332.82 $3,525.96 $368.07 $1,300.00 $546.00 $1,389.22 $2,278.58 $1,026.00 $221.91 $2,086.86 $62,413.39 $329,813.39 Attachment #2 PO Box 6671, Saint John, NB E21. 4S1 Telephone: (506) 847 -5800 www.operanb.com E -mail: operanb @nbnet.nb.ca