The URL can be used to link to this page

2008-04-28_Agenda Packet--Dossier de l'ordre du jour City of Saint John Common Council Meeting Monday, April 28, 2008 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom 1.1 Property Negotiations 10.2(4)(d) 1.2 Property Matter 10.2(4)(d) 1.3 Financial Matter 10.2(4)(c) 1.4 Legal Proceedings 10.2(4)(f,g) 1.5 Legal Proceedings 10.2(4)(f,g) Regular Meeting 1. Call to Order – Prayer 6:15 p.m. 2. Approval of Minutes 2.1 March 27, 2008 Special Meeting Council Minutes 2.2 April 14, 2008 Council Minutes 2.3 April 17, 2008 Special Meeting Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.0 Association of Canadian Port Authorities (Recommendation: Refer to City Manager) 5.1 Saint John Waterfront Development St Andrews Park (Recommendation: Receive for Information) 5.2 Barbour Museum (Recommendation: Refer to Saint John Waterfront Development) 5.3 City Solicitor Salary Scale Adjustment (Recommendation in Report) 5.4 Council Meeting Schedule (Recommendation in Report) 5.5 Red Head Road (Recommendation: Refer to City Manager) 5.6 Housing & Infrastructure in East Saint John (Recommendation: Refer to City Manager) 5.7 Property Taxes (Recommendation: Receive for Information) 5.8 Shamrock Park Tennis Court Lighting System (Recommendation in Report) 5.9 2008 Lifeguard Supervision of Beaches (Recommendation in Report) 5.10 Auctioneering Services (Recommendation in Report) 5.11 Clover Valley Road (Recommendation in Report) 5.12 Green Fleet Vehicles (Recommendation in Report) 5.13 Tender for Ball Field Backstops (Recommendation in Report) 1 5.14 Tender for Mobile Generator with Trailer (Recommendation in Report) 5.15 Commissioner of Planning and Development and Municipal Planning Director (Recommendation in Report) 5.16 Establishment Change (Recommendation in Report) 5.17 Operating License - Jet Boat Tours (Recommendation in Report) 5.18 Gas Tax Funding Agreement Program Adjustment (Recommendation in Report) 5.19 Contract 2007-44 Ashburn Lake Rd Road Reconstruction (Recommendation in Report) 5.20 Engineering Services Asphalt Concrete, Portland Cement Concrete and Soils Testing and Inspection 2008 (Recommendation in Report) 5.21 Engagement of Landscape Architectural Consultant Rockwood Park Redevelopment Project (Recommendation in Report) 5.22 Design and Construction Management Rothesay Rd (PDH#100) Colony Rd to Fulton Lane Road Reconstruction (Recommendation in Report) 5.23 Design and Construction Management Manawagonish Rd Watermain, Sanitary Sewer and Storm Sewer Installation and Street Reconstruction (Westgate Dr to Gault Rd) (Recommendation in Report) 5.24 Design and Construction Management Red Head Rd Slope Stabilization and Road Reconstruction (Recommendation in Report) 5.25 Design and Construction Management Pipeline Rd East at Latimer Lake New Transmission Mains and Chlorine Injection and Sampling Chambers (Recommendation in Report) 5.26 Design and Construction Management Somerset St Water Pumping Station Upgrades (Recommendation in Report) 5.27 Contract 2008-22 Somerset St - Barker St to Wellesley Ave Street Reconstruction (Recommendation in Report) 5.28 Acquisition of CP Railway Property 406 Bay St (Recommendation in Report) 5.29 Pipeline Crossing Agreement Maritime Northeast Pipeline KP 100 155 Bayside Dr (Recommendation in Report) 5.30 Pipeline Crossing Agreement with Maritime Northeast Pipeline KP 101 580 Bayside Dr (Recommendation in Report) 5.31 Pipeline Crossing Agreement Maritime and Northeast KP 99 800 Bayside Dr (Recommendation in Report) 5.32 Pipeline Crossing Agreement Maritimes and Northeast Pipeline KP 100 480 Bayside Dr(Recommendation in Report) 5.33 Access Agreement NB Power Lift Station #4 Project (Recommendation in Report) 5.34 Surrender of Lease Saint John Transit and the City of Saint John (Recommendation in Report) 5.35 Land Exchange between City, Park Wood Developments Ltd and Rogerson Thornbrough St (Recommendation in Report) 5.36 Sale to Canterbury Developments Ltd. of City Owned land Blue Rock Ct (Recommendation in Report) 5.37 Dobson Chrysler Dodge 276 Rothesay Ave (Recommendation in Report) 5.38 Proposed Public Hearing Date 112 Mt Pleasant Ave (Recommendation in Report) 5.39 Residential Infrastructure Assistance 46, 47, 48 New Albert Ct, Piper Brook Dr and Acorn Dr(Recommendation in Report) 5.40 Online Data Management WaterTrax Wastewater Service (Recommendation in Report) 5.41 Passenger Train Survey (Recommendation in Report) 2 5.42 Contract No 2008-08901T Asphalt Reinstatement of Utility Cuts (Recommendation in Report) 5.43 Purchase of Parcel K (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Day of Mourning 7.2 Police Week 7.3 Disability Awareness Week 7.4 Emergency Preparedness Week 7.5 Proclamation Volunteer Appreciation Week 8. Delegations / Presentations 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Section 39 Amendment 531 Dunn Ave 9.1(b) Planning Advisory Committee Recommending Section 39 Amendment 10. Consideration of By-laws 10.1 Third Reading Street Closing By-law Amendment Rock St 10.2(a) Third Reading Zoning By-law Amendment 1035 Burchill Rd 10.2(b) Section 39 Conditions 10.3(a) Third Reading Zoning By-law Amendment 304 Westmorland Rd 10.3(b) Section 39 Conditions 10.4(a) Third Reading Zoning By-law Amendment 1060 Sandy Point Rd 10.4(b) Section 39 Conditions 10.5 Third Reading Traffic By-law Amendment St. James St 11. Submissions by Council Members 12. Business Matters – Municipal Officers 12.1 Council Committee System By-Law 12.2 Records Management Policy for The City of Saint John 12.3 Proposed Negotiations Framework Saint John Coast Guard Site 12.4 Design and Construction Management Princess St Watermain, Sanitary and Storm Sewer Installation and Street Reconstruction 12.5 Fairville Blvd Simms Corner Bridge Rd Corridor 12.6 Design and Construction Management - Simms corner Reconfiguration 12.7 Agreement with NB Southern Railway Storm Culvert 13. Committee Reports 13.1(a)(b) Appointments to Canadian Corps of Commissionaires 13.2 Planning Advisory Committee Recommending Approval of Subdivision 1060 Sandy Point Rd 13.3(a) Douglas Heights Subdivision 13.3(b) Planning Advisory Committee Recommending Douglas Heights Subdivision Phase 4 (Revised) 296 Morrison Rd 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment 3 93-394 COMMON COUNCIL MARCH 27, 2008/LE 27 MARS 2008 COMMON COUNCIL SPECIAL MEETING – THE CITY OF SAINT JOHN CITY HALL –March 27, 2008, 5:00 P.M. present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus and White - and - T. Totten, City Manager; J. Nugent, City Solicitor; Greg Yeomans, Commissioner of Finance and Treasurer; J. Baird, Commissioner of Planning and Development; P. Woods, Deputy City Manager; A. Beckett, Deputy City Manager of Programs and Priorities; A. Bodechon, Chief of Police; W. Reid, Deputy Police Chief; E. Gormley, Common Clerk and J. Ferrar, Administrative Assistant 1. Call To Order – Prayer Mayor McFarlane called the meeting to order and offered the opening prayer. 1.1 North of Union Street Development Referring to his submitted report, the City Manager, through an electronic presentation, reviewed the recommendations for the North of Union Development. On motion of Councillor Tait Seconded by Councillor Court RESOLVED that as recommended by the City Manager, Common Council adopt the following recommendations with respect to the North of Union Development: a) With respect to the Development Plan a. That the City of Saint John reconfirm its desire to approve a Development Concept that would result in the construction of Justice Facility, a Police Facility and the required Parking Facility in the area which is now been commonly referred to as "North Of Union". b. That Council confirms its position that the preferred Development Concept includes the Justice Facility being constructed on the lands commonly known as the YMCA site. c. That Council approves the construction of the Police Facility in the block generally bounded by Hazen, Chipman, Peel and Union Streets (may include portions of existing Right of Ways). d. That Council approves the construction of a Parking Facility on what is commonly referred to as the Carleton Street Escarpment. b) With respect to Public Consultations a. That Common Council will require that any development proposal to be considered must address, and be sensitive to, the "Big Ideas" and "Design Guidelines" that were developed as a result of receiving public input. b That any development proposal, when received, be not only evaluated against these "Big Ideas" and a list of other criteria to be developed, but must also be evaluated with respect to the developers commitment to ongoing public consultation as part of the Development Planning Process. c. That the Public be provided with opportunities for input on final designs for each of the major public components and new design concept for the site (Police Facility, Parking Garage, Public Plaza) input regarding proposals for development of the area from the private sector and input regarding art components to be associated with the new development. 4 93-395 COMMON COUNCIL MARCH 27, 2008/LE 27 MARS 2008 c) With respect to the requirements of the Police Facility a. That Common Council request the Police Commission to have their Architects of record revisit their program and conceptual plans to determine if it is possible to: i. Have the facility be located generally within the block as identified without significantly diminishing the operational efficiencies. ii. Pay particular attention to the views expressed regarding streetscapes during the public consultations and in particular the 'Design Guidelines'. iii. Once the Police Commission has approved a revised conceptual design, submit the design to Council for authority to proceed. d) With respect to the Police tenancy in City Hall a. That the City of Saint John formally notify the existing owners of the City Hall building prior to April 30, 2008 that the City is exercising its option to extend its occupancy related to the Police Space until April 30, 2011. e) With respect to developing an effective Alternative Procurement Method a. That Common Council authorize the City Manager, working with the City's Purchasing Agent and City Solicitor to embark on a process of inviting submissions for professional expertise related to the following: i. Preparing a Call for Expressions of Interest and Statement of Qualifications; ii. Assistance in the review and short listing of possible Developers; iii. Preparation of the final Request for Proposal with an established Evaluation Process; iv. Preparation of the final contract documents in consultation with the City Solicitor. f) With respect to the issue of Tender versus An Alternative Procurement Process a. That Common Council authorize the City Manager to proceed on the basis of using an Alternative Procurement Process that would result in: i. A Call for Expressions of Interests and Statement of Qualifications as the initial step; ii. Followed by a Short Listing Exercise based on criteria to be established; iii. Issuance of a Call for Proposals to qualified Development Companies or Consortiums; iv. That the Call for Proposals will stipulate the City's desire to have the respondents indicate options related to the design (excluding Police HQ), construction, financing and perhaps ongoing maintenance of any of the components of the development or part(s) thereof namely, the Police HQ, the Parking Structure, Rehabilitation of the Carnegie Building, all Civil Works, the Plaza and Public Spaces deemed critical to this development. g) With respect to Discussions with Property Owners in the Area a. That Common Council direct the City Manager to cease making any further offers on properties in the general area without prior direction from Council sitting in Committee of the Whole. b. That the City Manager be directed to communicate to any property owner in the area who is in possession of an offer from the City Manager, that they have until April 30th to accept the offer (subject to Council approval) as presented or the Offer is off the table. c. That Council request the Saint John Parking Commission to take any reasonable steps to acquire any additional lands that would allow for a properly designed Parking Facility on the proposed escarpment site. 5 93-396 COMMON COUNCIL MARCH 27, 2008/LE 27 MARS 2008 h) With respect to Negotiations with the Province of New Brunswick a That the City Manager in conjunction with the Police Commission, be directed to work toward finalizing the following: i. A Formal Memorandum of Intent related to the cost sharing of certain elements (Plaza, Public Space, Parking, Secure Link, Holding Cells) of the development including; ii. Agreement with respect to on going responsibilities for each of these components including maintenance, upkeep and staffing and; iii. Agreement with respect to responsibility for design and construction of these shared elements and; iv. Agreement with respect to scheduling and completion dates. Question being taken, the motion was carried. 16. Adjournment The Mayor declared the meeting adjourned. Mayor/maire Common Clerk/Greffière communale 6 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 COMMON COUNCIL MEETING – THE CITY OF SAINT JOHN CITY HALL – April 14, 2008 6:20 P.M. present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus and White - and - T. Totten, City Manager; J. Nugent, City Solicitor; Greg Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations; J. Baird, Commissioner of Planning and Development; D. Park, Inspector, Police Force; E. Gormley, Common Clerk, J. Ferrar, Administrative Assistant SÉANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN À L'HÔTEL DE VILLE, le 14 avril 2008 à 18 h 20 Sont présents : Norman McFarlane, maire la mairesse suppléante Hooton et les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, Titus et White et T. Totten, directeur général; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et trésorier; P. Groody, commissaire aux opérations municipales; J. Baird, commissaire à l'urbanisme et au développement; D. Parks, inspecteur, service de police; ainsi que E. Gormley, greffière communale adjointe et J. Ferrar, adjointe administrative. 1. Call To Order – Prayer Mayor McFarlane called the meeting to order and John Jang of the Saint John Woori Church offered the opening prayer. 1. Ouverture de la séance, suivie de la prière La séance est ouverte par le maire McFarlane et John Jang de l'église Saint John Woori récite la prière d'ouverture. 11.7 Arbour Day Partnership (Councillor Titus) Councillor Titus introduced Geoff Britt from J.D. Irving, Limited who spoke briefly about the upcoming Arbour Day Celebration on Friday, April 25th at Centennial School and presented Mayor McFarlane with the official "Celebrate Arbour Day" poster. 11.7 Partenariat pour la Journée de la verdure (conseiller Titus) Le conseiller Titus présente Geoff Britt de J.D. Irving, Limited qui parle brièvement de la célébration prochaine de la Journée de la verdure qui aura lieu le vendredi 25 avril à l'école Centennial et qui soumet au maire McFarlane l'affiche officielle intitulée « Célébration de la Journée de la verdure ». 2. Approval of Minutes On motion of Councillor Titus Seconded by Councillor White RESOLVED that the minutes of the meeting of Common Council, held on March 31st and April 1, 2008, be approved. Question being taken, the motion was carried. 7 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 2. Approbation du procès-verbal Proposition du conseiller Titus Appuyée par le conseiller White RÉSOLU que le procès-verbal des réunions du conseil communal tenues les 31 mars et 1er avril 2008 soit approuvé. À l'issue du vote, la proposition est adoptée. 3. Approval of Agenda On motion of Councillor Titus Seconded by Councillor White RESOLVED that the agenda of this meeting be approved with the addition of the following Committee of the Whole reports, item 13.6 Motocross/Recreational Vehicle Tracks - Ocean Westway and 13.7 Appeal of WHSCC Appeals Tribunal. Question being taken, the motion was carried. 3. Adoption de l'ordre du jour Proposition du conseiller Titus Appuyée par le conseiller White RÉSOLU que l'ordre du jour de la présente réunion soit adopté moyennant l'ajout des rapports suivants du comité plénier, soit le point 13.6, Pistes de motocross/véhicules de plaisance sur la voie Ocean Ouest et le point 13.7, Appel du tribunal d'appels de la CSSIAT. À l'issue du vote, la proposition est adoptée. 4. Disclosures of Conflict of Interest Deputy Mayor Hooton and Councillor Chase advised that they had a conflict with item 12.8, Development Proposal 131 Pugsley Avenue. 4. Divulgations de conflits d'intérêts La mairesse suppléante Hooton et le conseiller Chase indiquent qu'ils sont en situation de conflit d'intérêts relativement au point 12.8, Proposition d'aménagement – 131, avenue Pugsley. 5. Consent Agenda 5.1 That the letter from Housing Alternatives Inc., be referred to the City Manager 5.2 That the letter from Frank Rodgers on tax concession, be received for information. 5.3 That the Audit Report and Financial Statements from the Saint John Jeux Canada Games Foundation, Inc., be received for information. 5.4 That the letter from residents surrounding the Leinster Court project, be referred to Saint John Non Profit Housing Inc. 5.5 That the request for funds from NB AquaFair be denied. 5.6 That as recommended by the City Manager, the Common Council of The City of Saint John supports the bid proposal for the 2010 Jeux de l Acadie to be submitted by the Comité de Mise en Candidature Saint John 2010. 5.7 That as recommended by the City Manager: 1. The City of Saint John, utilizing the policies adopted by Council on February 27, 2006 for “Rural Roads Upgrades Program: Land Acquisition Policy” (see submitted), acquire the fee simple absolute interest in portions of properties and municipal and/or public utility easements, identified below and shown on the submitted plans: 8 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 i) fee simple absolute interest in 36 square metres ± known as civic # 1960 Westfield Road, being a portion of PID number 289736 from Christian Goldie and Gillian Heathcote; ii) fee simple absolute interest in 100 square metres ± known as civic #10 By Road No. 5, being two portions of PID number 289777 from Linda Thomson; iii) fee simple absolute interest in 17 square metres ± and a public utility easement in 5 square metres ±, known as civic #11 By Road No. 5, being a portion of PID number 289900, from Karen Muzerall; iv) fee simple absolute interest in 36 square metres ±, known as civic #16 By Road No. 5, being a portion of PID number 289793, from Phyllis Bowen; v) fee simple absolute interest in 44 square metres ±, known as civic #22 By Road No. 5, being a portion of PID number 289801, from Blair and Edith Perrin; vi) fee simple absolute interest in 125 square metres ±, known as civic #32 By Road No. 5, being a portion of PID number 289819, from Dale and Mary Corcoran; vii) fee simple absolute interest in 114 square metres ±, known as civic # 30 By Road No. 4, being a portion of PID number 289892 from George (Andy) Legassie and Claudia Dobson including a condition that the City be responsible to plant a stand of 1.2 metre high cedar trees to be situated across the full width of the property abutting By Road No. 5, excluding an existing driveway access; viii) fee simple absolute interest in 102 square metres ±, known as civic #37 By Road No. 5, being a portion of 55117618 from Tina Pitre; ix) fee simple absolute interest in 108 square metres ±, known as civic #38 By Road No. 5, being a portion of PID number 289884, from Tina Pitre; x) fee simple absolute interest in 39 square metres ±, known as civic #46 By Road No. 5, being a portion of PID number 289850, from Kenneth McEachern; xi) fee simple absolute interest in 19 square metres ±, known as civic #49 By Road No. 5, being a portion of PID number 55159560, from James Thompson; xii) fee simple absolute interest in 19 square metres ±, known as civic #5 Poplar Lane, being a portion of PID number 289835, from Trevor McCarthy; xiii) fee simple absolute interest in 19 square metres ±, known as civic #9 Poplar Lane, being a portion of PID number 55003958, from Robert Etmanski; xiv) fee simple absolute interest in 19 square metres ±, known as civic #15 Poplar Lane, being a portion of PID number 55166045, from Robert and Rena MacGregor; and xv) fee simple absolute interest in 25 square metres ±, known as civic #16 Poplar Lane, being a portion of PID number 289827, from Charles and Michelle Breen. 2. That the Mayor and Common Clerk be authorized to sign any documents required to formalize this transaction. 5.8 That as recommended by the City Manager: 1. The City of Saint John sell its fee simple absolute interest in a portion of Rock Street having an area of 1,121 square metres, pending approval of third reading of street closure, identified on the submitted plan of survey dated March 13, 2008, to A.C.Fairweather & Sons Limited for $6,300. plus HST (if applicable) on or before June 27, 2008. 2. A.C. Fairweather & Sons Limited be authorized to apply for a rezoning of the subject property, prior to completion of the land transfer. However, Common Council is not explicitly or implicitly obligated to approve the application. 9 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 3. The Mayor and Common Clerk be authorized to sign any documents required to finalize the transfer. 5.9 That as recommended by the City Manager, The City of Saint John enter into the submitted Road Use Licence with Emera Brunswick Pipeline Company Ltd. under the terms and conditions contained in the License as submitted with M&C 2008 – 74 and further that the Mayor and Common Clerk be authorized to execute the Road Use Licence. 5.10 That as recommended by the City Manager, The City of Saint John transfer the fee simple absolute interest in PID Number 375956 to the ONE Change Inc. for $1.00 on or before July 31, 2008; and that the Mayor and Common Clerk be authorized to execute any document necessary to finalize this transaction. 5.11 That as recommended by the City Manager, The City of Saint John sell PID Number 53025, 672-675 Ashburn Road to Clear View Mobile Homes Ltd. under the terms and conditions contained in the submitted Agreement of Purchase and Sale; and that Clear View Mobile Homes Ltd. be authorized to seek an amendment to the Municipal Plan and apply for a rezoning of the subject parcel however Common Council is not explicitly or implicitly obligated to approve any amendment to the Municipal Plan or any re-zoning, and further that the Mayor and Common Clerk be authorized to execute any document required to effect this transfer. 5.12 That as recommended by the City Manager, Common Council schedule the public hearings for the re-zoning applications of Sandra Gallant, 646 George Street, and Newport Village of the United Church of Canada Inc., 50 Newport Crescent, for Monday, June 9, 2008 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for a report and recommendation. 5.13 That as recommended by the City Manager, Common Council assent to the submitted Hart to Hart Builders Inc. Subdivision, Block 17B, with respect to any necessary public utility or municipal services easement. 5.14 That as recommended by the City Manager, the tenders in the amount of $64,333.85, plus tax for the supply of traffic signal materials be awarded to each bidder as indicated on the submitted summary of bids. 5.15 That as recommended by the City Manager, the tender submitted by Atlantic Crane & Material Handling in the amount of $49,925. plus tax for the supply and installation of a new free standing crane system for the Fleet Services Welding Shop, be accepted. 5.16 That as recommended by the City Manager, the tender submitted by Strongco Equipment in the amount of $162,890. plus tax for the supply of a new Volvo EW 160C wheel mounted excavator, be accepted. 5.17 That as recommended by the City Manager, the tender submitted by Case Equipment Ltd. in the amount of $220,436., plus tax for the supply of one only Case Model 821E wheel loader, be accepted. 5.18 That as recommended by the City Manager, the tender submitted by Wallace Equipment Ltd. in the amount of $78,500. each, plus tax for the supply of two only 2008 John Deere model 410J Backhoe/loaders, be accepted. 5.19 That as recommended by the City Manager, the tender submitted by East Coast International Trucks in the amount of $119,862.73 plus tax for the supply of a 2009 International 41,000 GVW cab and chassis c/w a 7000 litre diesel fuel tank, be accepted. 5.20 That as recommended by the City Manager, the tenders submitted by the lowest bidder in each case, as indicated on the submitted summary of bids, for the supply of 2 new 68,000 GVW cab and chassis trucks, 2 combination dump bodies, 2 quick connect plow and wing assemblies, 2 Dickie John Spread Control Units and necessary hydraulics to operate the trucks and all of their component parts, in the total cost amount of $390,652., plus tax, be accepted. 5.21 That the letter from the Common Clerk regarding the Proposed Municipal Plan Amendment – 47-55 Golden Grove Road be referred to the Planning Advisory Committee and the Clerk to advertise. 10 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 5.22 That as recommended by the City Manager, Council approve a Residential Infrastructure Assistance Grant of $30,000. to Housing Alternative Inc. for the 21-unit development at 64-72 Queen Street. On motion of Councillor Titus Seconded by Councillor White RESOLVED that the recommendation set out for each consent agenda item respectively, be adopted. Question being taken, the motion was carried with Councillor Ferguson voting nay. 5. Questions soumises à l'approbation du conseil 5.1 Que la lettre de Housing Alternatives Inc. soit transmise au directeur général. 5.2 Que la lettre de Frank Rodgers relative à l'allègement fiscal soit acceptée à titre informatif. 5.3 Que le rapport de vérification et les états financiers de la Saint John Jeux Canada Games Foundation, Inc. soient acceptés à titre informatif. 5.4 Que la lettre des personnes qui résident aux abords du projet de l'impasse Leinster soit transmise à la Saint John Non Profit Housing Inc. [organisme de logement sans but lucratif de Saint John]. 5.5 Que la demande de financement de NB AquaFair soit rejetée. 5.6 Que, comme le recommande le directeur général, le conseil communal de The City of Saint John appuie la soumission pour les Jeux de l'Acadie 2010 devant être présentée par le Comité de mise en candidature de Saint John pour 2010. 5.7 Que, comme le recommande le directeur général : 1. The City of Saint John, au moyen des politiques adoptées par le conseil le 27 février 2006 dans le cadre du « Programme de modernisation des immobilisations relatif à l'amélioration des routes rurales – Politique en matière d'acquisition foncière » (voir les plans présentés), acquière le lot d'une partie des biens-fonds et des servitudes nécessaires aux fins de services municipaux et publics déterminées ci-après et indiquées sur les plans présentés : i) le lot d'une parcelle de terrain portant le NID 289736 située au 1960, chemin Westfield, d'une superficie d'environ 36 mètres carrés et appartenant à Christian Goldie et à Gillian Heathcote; ii) le lot de deux parcelles de terrain portant le NID 289777 situées au 10, embranchement no 5, d'une superficie d'environ 100 mètres carrés et appartenant à Linda Thomson; iii) le lot d'une parcelle de terrain portant le NID 289900 d'une superficie totale d'environ 17 mètres carrés et d'une servitude d'entreprise de service public d'approximativement 5 mètres carrés situées au 11, embranchement no 5 et appartenant à Karen Muzerall; iv) le lot d'une parcelle de terrain portant le NID 289793 située au 16, embranchement no 5, d'une superficie d'environ 36 mètres carrés et appartenant à Phyllis Bowen; v) le lot d'une parcelle de terrain portant le NID 289801 située au 22, embranchement no 5, d'une superficie d'environ 44 mètres carrés et appartenant à Blair et à Edith Perrin; vi) le lot d'une parcelle de terrain portant le NID 289819 située au 32, embranchement no 5, d'une superficie d'environ 125 mètres carrés et appartenant à Dale et à Mary Corcoran; vii) le lot d'une parcelle de terrain portant le NID 289892 située au 30, embranchement no 4, d'une superficie d'environ 114 mètres carrés et appartenant à George (Andy) Legassie et Claudia Dobson, y compris une condition selon laquelle la Ville est 11 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 responsable de planter une haie de cèdres de 1,2 mètre de haut sur toute la largeur de la propriété adjacente à l'embranchement no 5, à l'exception d'une voie d'accès existante; viii) le lot d'une parcelle de terrain portant le NID 55117618 située au 37, embranchement no 5, d'une superficie d'environ 102 mètres carrés et appartenant à Tina Pitre; ix) le lot d'une parcelle de terrain portant le NID 289884 située au 38, embranchement no 5, d'une superficie d'environ 108 mètres carrés et appartenant à Tina Pitre; x) le lot d'une parcelle de terrain portant le NID 289850 située au 46, embranchement no 5, d'une superficie d'environ 39 mètres carrés et appartenant à Kenneth McEachern; xi) le lot d'une parcelle de terrain portant le NID 55159560 située au 49, embranchement no 5, d'une superficie d'environ 19 mètres carrés et appartenant à James Thompson; xii) le lot d'une parcelle de terrain portant le NID 289835 située au 5, allée Poplar, d'une superficie d'environ 19 mètres carrés et appartenant à Trevor McCarthy; xiii) le lot d'une parcelle de terrain portant le NID 55003958 située au 9, allée Poplar, d'une superficie d'environ 19 mètres carrés et appartenant à Robert Etmanski; xiv) le lot d'une parcelle de terrain portant le NID 55166045 située au 15, allée Poplar, d'une superficie d'environ 19 mètres carrés et appartenant à Robert et à Rena MacGregor; xv) le lot d'une parcelle de terrain portant le NID 289827 située au 16, allée Poplar, d'une superficie d'environ 25 mètres carrés et appartenant à Charles et à Michelle Breen; 2. le maire et le greffier communal soient autorisés à signer toute documentation requise afin de conclure cette transaction. 5.8 Que, comme le recommande le directeur général : 1. The City of Saint John vende au plus tard le 27 juin 2008 à A.C.Fairweather & Sons Limited pour la somme de 6 300 $ (TVH en sus, s'il y a lieu) son lot afférent à une parcelle de terrain située sur la rue Rock d'une superficie de 1 121 mètres carrés, en attente de l'approbation accordée par la troisième lecture de la fermeture de la rue, délimitée sur le plan d'arpentage présenté et daté du 13 mars 2008; 2. l'entreprise A.C. Fairweather & Sons Limited soit autorisée à présenter une demande de rezonage de ladite propriété, avant de procéder au transfert du bien-fonds. Toutefois, le conseil communal n'a pas l'obligation explicite ou implicite d'approuver la demande; 3. le maire et le greffier communal soient autorisés à signer toute documentation requise pour conclure le transfert. 5.9 Que, comme le recommande le directeur général, The City of Saint John octroie un permis d'utilisation du réseau routier à l'entreprise Emera Brunswick Pipeline Company Ltd., conformément aux modalités stipulées dans le permis présenté avec le contrat no MC 2008 – 74, et, en outre, que le maire et le greffier communal soient autorisés à signer le permis d'utilisation du réseau routier. 5.10 Que, comme le recommande le directeur général, The City of Saint John transfère le lot du terrain portant le NID 375956 à l'entreprise ONE Change Inc. pour la somme de 1 $ au plus tard le 31 juillet 2008, et que le maire et le greffier communal soient autorisés à signer les documents requis pour conclure cette transaction. 5.11 Que, comme le recommande le directeur général, The City of Saint John procède à la vente de la parcelle de terrain inscrite sous le NID 53025, située au 672- 675, chemin Ashburn, à Clear View Mobile Homes Ltd., sous réserve des modalités prévues à la convention d'achat-vente présentée; que Clear View Mobile Homes Ltd. soit autorisée à présenter une demande de modification du plan municipal et de rezonage relativement à ladite parcelle, mais que le conseil communal n'ait pas l'obligation implicite ou explicite d'approuver toute modification du plan municipal ou de rezonage, et que le maire et le greffier communal soient autorisés à signer toute documentation exigée afin de conclure ledit transfert. 12 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 5.12 Que, comme le recommande le directeur général, le conseil communal prévoie les audiences publiques relatives aux demandes de rezonage de Sandra Gallant, du 646, rue George et de Newport Village de la United Church of Canada Inc. du 50, croissant Newport, le lundi 9 juin 2008 à 19 h dans la salle du conseil, et que les demandes soient soumises au Comité consultatif d'urbanisme aux fins de la présentation d'un rapport et de recommandations. 5.13 Que, comme le recommande le directeur général, le conseil communal donne son assentiment au projet de lotissement présenté par l'entrepreneur en construction Hart to Hart Builders Inc. (bloc no 17B), en ce qui concerne toute servitude nécessaire aux fins de services publics ou municipaux. 5.14 Que, comme le recommande le directeur général, les soumissions au montant de 64 333,85 $, taxes en sus, relatives à la fourniture de matériel pour feux de signalisation, soient accordées à chaque soumissionnaire inscrit au sommaire des soumissions présenté. 5.15 Que, comme le recommande le directeur général, la soumission présentée par Atlantic Crane & Material Handling, au montant de 49 925 $, taxes en sus, relative à la fourniture et à l'installation d'une nouvelle grue autonome à l'atelier de soudage du parc automobile, soit acceptée. 5.16 Que, comme le recommande le directeur général, la soumission présentée par Strongco Equipment, au montant de 162 890 $, taxes en sus, pour la fourniture d'une nouvelle pelle hydraulique sur pneus Volvo EW 160C, soit acceptée. 5.17 Que, comme le recommande le directeur général, la soumission présentée par Case Equipment Ltd., au montant de 220 436 $, taxes en sus, pour la fourniture d'une seule chargeuse sur pneus, modèle de cas 821E, soit acceptée. 5.18 Que, comme le recommande le directeur général, la soumission présentée par Wallace Equipment Ltd., au montant de 78 500 $ chacune, taxes en sus, pour la fourniture exclusive de deux chargeuses-pelleteuses John Deere 2008, modèle 410J, soit acceptée. 5.19 Que, comme le recommande le directeur général, la soumission présentée par East Coast International Trucks, au montant de 119 862,73 $, taxes en sus, pour la fourniture d'un châssis-cabine International 2009 de 41 000 kg (PNBV) doté d'un réservoir de carburant diesel de 7 000 litres, soit acceptée. 5.20 Que, comme le recommande le directeur général, les soumissions présentées par le soumissionnaire moins-disant dans chaque cas, comme l'indique le sommaire des soumissions présenté, relatives à la fourniture de deux nouveaux châssis-cabines de 68 000 kg (PNBV), dotés de deux bennes basculantes, de deux chasse-neige et ailerons à branchement rapide, de deux unités de contrôle Dickie John et des installations hydrauliques nécessaires au fonctionnement des camions et de toutes leurs parties constituantes, pour la somme totale de 390 652 $, taxes en sus, soit acceptée. 5.21 Que la lettre du greffier communal concernant le projet de modification du plan municipal visant le 47-55, chemin Golden Grove soit transmise au Comité consultatif d'urbanisme et au greffier pour qu'ils publient un avis à cet effet. 5.22 Que, comme le recommande le directeur général, le conseil approuve la subvention de l'ordre de 30 000 $ accordée à l'entreprise Housing Alternative Inc. dans le cadre du programme d'aide à l'infrastructure résidentielle pour l'aménagement de 21 logements situés au 64-72, rue Queen. Proposition du conseiller Titus Appuyée par le conseiller White RÉSOLU que les recommandations formulées relativement à chacun des points de la section Questions soumises à l'approbation du conseil soient adoptées. À l’issue du vote, la proposition est adoptée. Le conseiller Ferguson vote contre la proposition. 13 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 6. Members Comments 6. Commentaires présentés par les membres 7. Proclamation 7. Proclamation 8. Delegations/Presentations 8.1 Senior Citizens’ Services Referring to his submitted presentation, Lawrence McGrath, Treasurer of Senior Citizens' Services Saint John Incorporated, reviewed the services offered at the Center which is located on the 2nd floor of the City Market. Mr. McGrath expressed concern with respect to the continuing increases that they are experiencing every month in their expenses pointing out that they try to raise money through soliciting donations and fundraising activities throughout the year. He concluded his presentation requesting donations for the Center and encouraging everyone to come for dinner and participate in their activities. 8. Délégations et présentations 8.1 Services aux citoyens aînés Faisant référence à sa présentation antérieure, Lawrence McGrath, trésorier de Senior Citizens' Services Saint John Incorporated, examine les services offerts au centre qui est situé au 2e étage du marché municipal. M. McGrath s'inquiète de l'augmentation continue des dépenses tous les mois et souligne que l'organisme tente d'amasser de l'argent au moyen de dons sollicités et d'activités de financement tout au long de l'année. Il conclut sa présentation en demandant des dons pour le centre et encourage tout le monde à assister à leur souper et à participer à leurs activités. 10.0 Public Presentation - 199 Britain St. A public presentation was given on a proposed Municipal Development Plan that would re-designate on Schedule 2-A and 2-C of the Plan, a parcel of land with an area of approximately 410 square metres, located at 199 Britain Street, also identified as being PID Number 00001339 from Medium Density Residential to Approved Commercial Development; and by adding to the list of Approved Commercial Developments to permit the construction of a community police office and community outreach centre as requested by W & S General Contractors Ltd. 10.0 Présentation publique relative au 199, rue Britain Une présentation publique est donnée relativement au projet de modification du plan d'aménagement municipal afin de faire passer la désignation, aux annexes 2-A et 2-C, d'une parcelle de terrain d'une superficie approximative de 410 mètres carrés, située au 199, rue Britain, inscrite sous le NID 00001339, de zone résidentielle à densité moyenne à zone d'aménagement commercial approuvé, afin de permettre la construction d'un poste de police communautaire et d'un centre de services communautaires, à la demande de W & S General Contractors Ltd. 8.2 School District 8 Celebrate Referring to a submitted electronic presentation, Joan Wilkins, Celebrate Co-ordinator for School District 8, provided Council with an overview of the "Celebrate What's Right With the World" program that was initiated by School District 6 and introduced by School District 8 in February 2008. Ms. Wilkins reviewed the 7 key concepts being brought into School District 8 and explained that the Celebrate program provides opportunities to improve overall business results and employee performance, recognizes contribution to community and celebrates our community as a whole. She concluded pointing out the statements and goals of Vision 2015 tie in directly with the concepts of this program. 8.2 Fête du district scolaire no 8 Faisant référence à une présentation électronique antérieure, Joan Wilkins, coordonnatrice de la fête du district scolaire no 8, fournit au conseil un aperçu du programme intitulé « CÉLÉBRONS le BIEN dans le monde » qui a été lancé par le district scolaire no 6 et présenté par le district scolaire no 8 en février 2008. Mme Wilkins 14 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 passe en revue les sept concepts clés présentés au district scolaire no 8 et explique que ce programme offre l'occasion d'améliorer les résultats fonctionnels et le rendement des employés, reconnaît la contribution apportée à la collectivité et célèbre l'ensemble de notre communauté. Elle conclut en soulignant que les énoncés et les objectifs de Vision 2015 sont liés directement aux concepts de ce programme. 10.1 Traffic By-Law Amendment St. James St On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by-law entitled, "A By-law to Amend a By-law Respecting Traffic on Streets in the City of Saint John Made under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto", amended to regulate the parking of vehicles between St. James and Germain Streets, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled, "A By-law to Amend a By-law Respecting Traffic on Streets in the City of Saint John Made under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto". On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by-law entitled, "A By-law to Amend a By-law Respecting Traffic on Streets in the City of Saint John Made under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto", amended to regulate the parking of vehicles between St. James and Germain Streets, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, "A By-law to Amend a By-law Respecting Traffic on Streets in the City of Saint John Made under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto". (Councillor Ferguson withdrew from the meeting.) 10.1 Modification de l'arrêté relatif à la circulation visant la rue St. James Proposition de la mairesse suppléante Hooton Appuyée par le conseiller White RÉSOLU que l'arrêté intitulé « Arrêté modifiant l'arrêté relatif à la circulation dans les rues de The City of Saint John, édicté en vertu de la Loi sur les véhicules à moteur (1973) et modifications afférentes » soit modifié afin de réglementer le stationnement des véhicules entre les rues St. James et Germain, fasse l'objet d'une première lecture. À l'issue du vote, la proposition est adoptée. Première lecture par titre de l'arrêté intitulé « Arrêté modifiant l'arrêté relatif à la circulation dans les rues de The City of Saint John édicté en vertu de la Loi sur les véhicules à moteur (1973) et modifications afférentes ». Proposition de la mairesse suppléante Hooton Appuyée par le conseiller White RÉSOLU que l'arrêté intitulé « Arrêté modifiant l'arrêté relatif à la circulation dans les rues de The City of Saint John, édicté en vertu de la Loi sur les véhicules à moteur (1973) et modifications afférentes » soit modifié afin de réglementer le stationnement des véhicules entre les rues St. James et Germain, fasse l'objet d'une deuxième lecture. À l'issue du vote, la proposition est adoptée. Deuxième lecture par titre de l'arrêté intitulé « Arrêté modifiant l'arrêté relatif à la circulation dans les rues de The City of Saint John édicté en vertu de la Loi sur les véhicules à moteur (1973) et modifications afférentes ». (Le conseiller Ferguson quitte la séance.) 15 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 9. Public Hearings 7:00 P.M. 9.0(a) Proposed Section 39 Amendment 120 McDonald St (Tabled Mar 31) 9.0(b) Letters of Opposition (Tabled Mar 31) 9.0(c) Planning Advisory Committee Recommending Section 39 Amendment (Tabled Mar 31) 9.0(d) Report on Section 39 Amendment 120 McDonald St On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that the proposed Section 39 amendments for 120 McDonald Street, be lifted from the table. Question being taken, the motion was carried. The Mayor pointed out that the public hearing was held on March 31st and is complete. (Councillor Ferguson re-entered the meeting.) Referring to the submitted report regarding the proposed Section 39 amendment for 120 McDonald Street, Mr. Baird advised that a meeting was held between the applicants and residents of the surrounding neighbourhood that resulted in no consensus being reached. Referring to the staff's position on the matter, Mr. Baird explained that it remains unchanged and stated that should Council approve the requested Section 39 amendments it is recommended that the Section 39 conditions suggested by the Planning Advisory Committee be further amended to reflect the results of the meeting between residents and representatives of Dooly's and the Loch Lomond Mall. On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that the proposed Section 39 Amendment for 120 McDonald Street, be denied. Question being taken, the motion was carried. 9. Audiences publiques à 19 h 9.0a) Modification proposée aux conditions imposées en vertu de l'article 39 relativement au 120, rue McDonald (proposé le 31 mars) 9.0b) Lettres d'opposition (proposé le 31 mars) 9.0c) Comité consultatif d'urbanisme recommandant la modification de l'article 39 (proposé le 31 mars) 9.0d) Rapport recommandant la modification de l'article 39 relativement au 120, rue McDonald Proposition du conseiller Titus Appuyée par la mairesse suppléante Hooton RÉSOLU que les modifications proposées aux conditions imposées en vertu de l'article 39 relativement au 120, rue McDonald soient soumises aux fins de discussion. À l'issue du vote, la proposition est adoptée. Le maire souligne que l'audience publique s'est tenue le 31 mars et qu'elle est terminée. (Le conseiller Ferguson se joint de nouveau à la séance.) Faisant référence au rapport présenté concernant les modifications proposées aux conditions imposées en vertu de l'article 39 relativement au 120, rue McDonald, M. Baird indique qu'une réunion a eu lieu entre les requérants et les résidents du quartier avoisinant au cours de laquelle aucun consensus n'a été atteint. Se reportant à la position du personnel relativement à cette affaire, M. Baird explique que cette dernière demeure inchangée et déclare que si le conseil approuvait les modifications demandées à l'article 39, il est recommandé que les conditions de l'article 39 suggérées par le Comité consultatif d'urbanisme soient aussi modifiées afin de refléter les résultats de la réunion entre les résidents et les représentants de Dooly's et du centre commercial Loch Lomond. 16 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 Proposition du conseiller Tait Appuyée par le conseiller McGuire RÉSOLU que les modifications proposées aux conditions imposées en vertu de l'article 39 relativement au 120, rue McDonald soient rejetées. À l'issue du vote, la proposition est adoptée. 9.1 Street Closing By-law Amendment Rock St. The Common Clerk advised that the necessary advertising was completed with regard to the proposed by-law amendment to stop-up and close a portion of Rock Street, with no objections received. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with no one presenting. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by-law entitled, “By-law Number M-23, a By-law to Amend a By-law Respecting the Stopping-up and Closing of Highways in the City of Saint John” regarding a portion of Rock Street, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled, “By-law Number M-23, a By-law to Amend a By-law Respecting the Stopping-up and Closing of Highways in the City of Saint John”. On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the by-law entitled, “By-law Number M-23, a By-law to Amend a By-law Respecting the Stopping-up and Closing of Highways in the City of Saint John” regarding a portion of Rock Street, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, “By-law Number M-23, a By-law to Amend a By-law Respecting the Stopping-up and Closing of Highways in the City of Saint John”. 9.1 Modification de l'arrêté sur la fermeture de routes visant la rue Rock Le greffier communal indique que les avis requis ont été publiés relativement au projet de modification de l'arrêté sur la fermeture de routes en vue de fermer et de barrer un tronçon de la rue Rock, et qu'aucune opposition par écrit n'a été reçue. Le maire invite le public à exprimer son opposition quant à la modification proposée, mais personne ne prend la parole. Le maire invite le public à exprimer son appui quant à la modification proposée, mais personne ne prend la parole. Proposition de la mairesse suppléante Hooton Appuyée par le conseiller White RÉSOLU que l'arrêté intitulé « Arrêté no M-23 modifiant l'arrêté sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John » relativement à un tronçon de la rue Rock fasse l'objet d'une première lecture. À l'issue du vote, la proposition est adoptée. Première lecture par titre de l'arrêté intitulé « Arrêté no M-23 modifiant l'arrêté sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John ». 17 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 Proposition du conseiller Court Appuyée par le conseiller Farren RÉSOLU que l'arrêté intitulé « Arrêté no M-23 modifiant l'arrêté sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John » relativement à un tronçon de la rue Rock fasse l'objet d'une deuxième lecture. À l'issue du vote, la proposition est adoptée. Deuxième lecture par titre de l'arrêté intitulé « Arrêté no M-23 modifiant l'arrêté sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John ». 9.2(a) Proposed Zoning By-law Amendment 1035 Burchill Rd. 9.2(b) Planning Advisory Committee Recommending Proposed Rezoning The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 1035 Burchill Road with an area of approximately 17 hectares, also identified as being a portion of PID Number 00412189 from "I-2" Heavy Industrial to "PQ" Pits and Quarries to permit the operation of a quarry, as requested by Saint John Industrial Parks Ltd., 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 April 8, 2008 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, to approve the proposed Zoning By-law amendment of a parcel of land located at 1035 Burchill Road as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re-zoning with no one presenting. The Mayor called for members of the public to speak in favour of the re-zoning with no one presenting. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by-law entitled "A Law to Amend the Zoning By-law of the City of Saint John" re-zoning a parcel of land with an area of approximately 17 hectares located at 1035 Burchill Road, also identified as being a portion of PID Number 00412189 from "I-2" Heavy Industrial to "PQ" Pits and Quarries classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By-law of the City of Saint John". On motion of Councillor Court Seconded by Councillor White RESOLVED that the by-law entitled "A Law to Amend the Zoning By-law of the City of Saint John" re-zoning a parcel of land with an area of approximately 17 hectares located at 1035 Burchill Road, also identified as being a portion of PID Number 00412189 from "I-2" Heavy Industrial to "PQ" Pits and Quarries classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By-law of the City of Saint John". (Councillor Titus withdrew from the meeting.) 9.2a) Projet de modification de l'arrêté de zonage visant le 1035, chemin Burchill 9.2b) Comité consultatif d'urbanisme recommandant le rezonage proposé Le greffier communal indique que les avis requis ont été publiés relativement au projet de rezonage d'une parcelle de terrain située au 1035, chemin Burchill, d'une superficie d'environ 17 hectares et faisant partie du terrain portant le NID 00412189 afin de faire passer la désignation s'y rapportant de zone d'industrie lourde « I-2 » à zone de 18 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 gravières et de sablières « PQ » en vue de permettre l'exploitation d'une carrière, à la demande de Saint John Industrial Parks Ltd., et qu'aucune opposition par écrit n'a été reçue. Examen d'un rapport du Comité consultatif d'urbanisme, accompagné d'un exemplaire du rapport du personnel d'urbanisme, étudié lors de la réunion du 8 avril 2008, à laquelle le comité a décidé de recommander l'approbation, telle qu'elle est rédigée dans la recommandation du personnel, du projet de modification de l'arrêté de zonage visant une parcelle de terrain située au 1035, chemin Burchill, tel qu'il est décrit ci-dessus, conformément aux conditions prévues à l'article 39. Le maire invite le public à se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public à se prononcer en faveur du rezonage, mais personne ne prend la parole. Proposition de la mairesse suppléante Hooton Appuyée par le conseiller Farren RÉSOLU que l'arrêté intitulé « Arrêté modifiant l'arrêté de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 17 hectares, située au 1035, chemin Burchill et portant le NID 00412189 en vue de faire passer la désignation s'y rapportant de zone d'industrie lourde « I-2 » à zone de gravières et de sablières « PQ », fasse l'objet d'une première lecture. À l'issue du vote, la proposition est adoptée. Première lecture par titre de l'arrêté intitulé « Arrêté modifiant l'arrêté de zonage de The City of Saint John ». Proposition du conseiller Court Appuyée par le conseiller White RÉSOLU que l'arrêté intitulé « Arrêté modifiant l'arrêté de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 17 hectares, située au 1035, chemin Burchill et portant le NID 00412189 en vue de faire passer la désignation s'y rapportant de zone d'industrie lourde « I-2 » à zone de gravières et de sablières « PQ », fasse l'objet d'une deuxième lecture. À l'issue du vote, la proposition est adoptée. Deuxième lecture par titre de l'arrêté intitulé « Arrêté modifiant l'arrêté de zonage de The City of Saint John ». (Le conseiller Titus quitte la séance.) 9.3(a) Proposed Zoning By-law Amendment 304 Westmorland Rd 9.3(b) Planning Advisory Committee Recommending Proposed Rezoning The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 304 Westmorland Road with an area of approximately 2 hectares, also identified as being PID Number 55160113 and a portion of PID Numbers 55183990 and 00415442 from "RS-2" One and Two Family Suburban Residential to "US" Utility and Service to permit the construction of an electrical substation, as requested by Hughes Surveys & Consultants Inc. on behalf of The Power Commission of the City of Saint John, 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 April 8, 2008 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, to approve the proposed Zoning By-law amendment of a parcel of land located at 304 Westmorland Road as described above with Section 39 conditions. The Mayor called for members of the public to speak against the re-zoning with no one presenting. 19 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 The Mayor called for members of the public to speak in favour of the re-zoning with Carmel McCaig, of 300 Westmorland Road, suggesting that a gate be placed across the right-of-way and inquiring who will look after the maintenance of the road and if Retail Drive was ever considered as an access. Rick Turner, of Hughes Survey & Consultants Inc., speaking on behalf of the applicant addressed Council in support of the application advising that Saint John Energy is in agreement with the staff recommendation. On motion of Councillor White Seconded by Councillor Court RESOLVED that the by-law entitled "A Law to Amend the Zoning By-law of the City of Saint John" re-zoning a parcel of land with an area of approximately 2 hectares located at 304 Westmorland Road, also identified as being PID Number 55160113 and a portion of PID Numbers 55183990 and 00415442 from "RS-2" One and Two Family Suburban Residential to "US" Utility and Service classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By-law of the City of Saint John". On motion of Councillor Court Seconded by Councillor White RESOLVED that the by-law entitled "A Law to Amend the Zoning By-law of the City of Saint John" re-zoning a parcel of land with an area of approximately 2 hectares located at 304 Westmorland Road, also identified as being PID Number 55160113 and a portion of PID Numbers 55183990 and 00415442 from "RS-2" One and Two Family Suburban Residential to "US" Utility and Service classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By-law of the City of Saint John". (Councillor Titus re-entered the meeting.) 9.3a) Projet de modification de l'arrêté de zonage visant le 304, chemin Westmorland 9.3b) Comité consultatif d'urbanisme recommandant le rezonage proposé Le greffier communal indique que les avis requis ont été publiés relativement au rezonage proposé d'une parcelle de terrain d'une superficie approximative de 2 hectares, située au 304, chemin Westmorland, inscrite sous le NID 55160113 et comme étant une portion des NID 55183990 et 00415442 afin de faire passer la classification s'y rapportant de zone résidentielle de banlieue – habitations unifamiliales et bifamiliales « RS-2 » à zone de services publics et généraux « US » pour permettre la construction d'une sous-station électrique, à la demande de Hughes Surveys & Consultants Inc., au nom de la Commission d'énergie de The City of Saint John, et qu'aucune objection par écrit n'a été reçue. Examen d'un rapport du Comité consultatif d'urbanisme, accompagné d'un exemplaire du rapport du personnel d'urbanisme, étudié lors de la réunion du 8 avril 2008, à laquelle le comité a décidé de recommander l'approbation, telle qu'elle est rédigée dans la recommandation du personnel, du projet de modification de l'arrêté de zonage visant une parcelle de terrain située au 304, chemin Westmorland, tel qu'il est décrit ci-dessus, conformément aux conditions prévues à l'article 39. Le maire invite le public à se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public à s'exprimer en faveur du projet de rezonage. Mme Carmel McCaig, du 300, chemin Westmorland, prend la parole et propose qu'une barrière soit installée d'un bout à l'autre du droit de passage. Elle se demande qui s'occupera de l'entretien du chemin et si la promenade Retail a déjà été considérée comme un accès. 20 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 Rick Turner de Hugues Survey & Consultants Inc., au nom du demandeur, s'adresse au conseil pour appuyer la demande. Il indique que Saint John Energy souscrit aux recommandations formulées par le personnel. Proposition du conseiller White Appuyée par le conseiller Court RÉSOLU que l'arrêté intitulé « Arrêté modifiant l'arrêté de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain d'une superficie approximative de 2 hectares, située au 304, chemin Westmorland, et inscrite sous le NID 55160113 et comme étant une portion des NID 55183990 et 00415422, afin de faire passer la classification s'y rapportant de zone résidentielle de banlieue – habitations unifamiliales et bifamiliales « RS-2 » à zone de services publics et généraux « US », fasse l'objet d'une première lecture. À l'issue du vote, la proposition est adoptée. Première lecture par titre de l'arrêté intitulé « Arrêté modifiant l'arrêté de zonage de The City of Saint John ». Proposition du conseiller Court Appuyée par le conseiller White RÉSOLU que l'arrêté intitulé « Arrêté modifiant l'arrêté de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain d'une superficie approximative de 2 hectares, située au 304, chemin Westmorland, et inscrite sous le NID 55160113 et comme étant une portion des NID 55183990 et 00415422, afin de faire passer la classification s'y rapportant de zone résidentielle de banlieue – habitations unifamiliales et bifamiliales « RS-2 » à zone de services publics et généraux « US », fasse l'objet d'une deuxième lecture. À l'issue du vote, la proposition est adoptée. Deuxième lecture par titre de l'arrêté intitulé « Arrêté modifiant l'arrêté de zonage de The City of Saint John ». (Le conseiller Titus est de nouveau présent à la réunion.) 9.4(a) Proposed Section 39 Amendment 101 Kennedy St 9.4(b) Planning Advisory Committee Recommending Section 39 Amendment The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 39 Amendment amending the Section 39 conditions imposed on the June 10, 1992 re-zoning of the property located at 101 Kennedy Street, also identified as PID Number 00377150, as requested by Applied Pressure Inc./Charles Crawford to permit the operation of a hydraulic repair and sales shop, 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 April 8, 2008 meeting at which the Committee made a revised recommendation. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Barry Vincent and Chuck Crawford of Applied Pressure Inc., speaking in support of the proposed amendment and offering to respond to any questions. Mr. Crawford noted they want to bring the property up to standards and hopefully hire additional employees in the future. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that Common Council amend the Section 39 conditions imposed on June 10, 1992 pertaining to 101 Kennedy Street, also identified as PID Number 377150, to read as follows: a) The development be limited to a boat repair facility and a marina, or a hydraulic repair and service shop within the existing building; 21 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 b) The development shall not include any facilities for the consumption of alcoholic beverages; c) The applicant provide a detailed site plan to be approved by the Development Officer prior to any permit being issued, including a change of use permit; such site plan would include, among other site details, the location and details of buffering, landscaping, fencing, parking, storm drainage and vehicular and pedestrian access; d) The site be developed in accordance with the site plan approved by the Development Officer in (c) within one year of approval being given by the Development Officer; e) The applicant provide security prior to adoption of the proposed Section 39 amendments, in an amount to be determined by the Development Officer, to ensure the site is developed in accordance with the site plan approved in (c); f) The existing debris and fill presently located on the site be removed within one year of approval; and g) No development occur or permits be issued by the City until all necessary approvals are received from the various Federal and Provincial jurisdictions dealing with the development of a marina or the protection of watercourses. Question being taken, the motion was carried. 9.4a) Modification proposée aux conditions imposées en vertu de l'article 39 relativement au 101, rue Kennedy 9.4b) Recommandations du Comité consultatif d'urbanisme en faveur de la modification des dispositions de l'article 39 Le greffier communal indique que les avis requis ont été publiés en ce qui a trait à la proposition de modification de l'article 39, visant à modifier les conditions imposées le 10 juin 1992 relatives au rezonage de la propriété située au 101, rue Kennedy, inscrite sous le NID 00377150, afin de permettre l'exploitation d'un atelier de réparation et de vente d'hydrauliques, à la demande de Applied Pressure Inc./Charles Crawford, et qu'aucune opposition par écrit n'a été reçue. Examen d'un rapport du Comité consultatif d'urbanisme accompagné d'une copie d'un rapport du personnel du service d'urbanisme qui ont été étudiés à la réunion du 8 avril 2008 à laquelle le comité a résolu de modifier sa recommandation. Le maire invite le public à exprimer son opposition quant à la modification proposée, mais personne ne prend la parole. Le maire invite le public à se prononcer en faveur de la modification proposée. Barry Vincent et Chuck Crawford de l'entreprise Applied Pressure Inc. prennent la parole pour appuyer la modification proposée et proposent de répondre à toutes les questions. M. Crawford note qu'ils désirent rendre la propriété conforme aux normes et qu'ils espèrent embaucher des employés supplémentaires à l'avenir. Proposition de la mairesse suppléante Hooton Appuyée par le conseiller White RÉSOLU que le conseil communal modifie les conditions de l'article 39 imposées le 10 juin 1992 qui visent la propriété située au 101, rue Kennedy, portant le NID 377150, afin qu'elles se lisent comme suit : a) l'aménagement doit se limiter à une installation de réparation de bateaux et à une marina ou à un atelier de service et de réparation d'hydrauliques au sein du bâtiment existant; b) l'aménagement ne doit comporter aucune installation aux fins de consommation de boissons alcoolisées; c) le requérant doit fournir un plan de situation détaillé devant être approuvé par l'agent d'aménagement avant qu'un permis soit émis, y compris une modification du permis d'utilisation; un tel plan de situation doit inclure, entre autres, l'emplacement et des précisions concernant les zones tampons, l'aménagement paysager, les clôtures, le stationnement, l'écoulement des eaux pluviales, l'accès à l'emplacement au moyen de véhicules et l'accès piétonnier; 22 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 d) l'emplacement doit être aménagé conformément au plan de situation approuvé par l'agent d'aménagement au point c) au plus tard un an après l'approbation donnée par ce dernier; e) le requérant doit fournir une garantie avant l'adoption des modifications proposées aux conditions imposées en vertu de l'article 39, dont le montant sera déterminé par l'agent d'aménagement pour veiller à ce que l'emplacement soit aménagé conformément au plan de situation approuvé au point c); f) le remblai et les débris existants actuellement situés à l'emplacement doivent être retirés dans l'année qui suivra l'approbation; g) aucun aménagement ne devra avoir lieu ou aucun permis ne sera émis par la Ville jusqu'à ce que toutes les autorisations nécessaires aient été reçues de la part des diverses administrations fédérales et provinciales s'occupant de l'aménagement d'une marina ou de la protection des cours d'eau. À l'issue du vote, la proposition est adoptée. 9.5(a) Proposed Zoning By-law Amendment 1060 Sandy Point Rd 9.5(b) Planning Advisory Committee Recommending Rezoning The Common Clerk advised that the necessary advertising was completed with regard to the proposed re-zoning of a parcel of land located at 1060 Sandy Point Road with an area of approximately 9.6 hectares, also identified as being PID Numbers 55164545, 55165781, 55173918 and 55159925 from "P" Park, "B-2" General Business, "TH" Townhouse, "R-1A" One Family Residential and "RM-1" Three Storey Multiple Residential to "B-2" General Business, "RM-1" Three Storey Multiple Residential and "TH" Townhouse classification, as requested by Terrain Group, 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 April 8, 2008 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, to approve the proposed Zoning By-law amendment of a parcel of land located at 1060 Sandy Point Road as described above with Section 39 conditions. The Mayor called for members of the public to speak against the proposed re-zoning with no one presenting. The Mayor called for members of the public to speak in favour of the proposed re-zoning with the applicant, Andrew Toole of Terrain Group Inc., offering to respond to questions that Council members may have. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by-law entitled "A Law to Amend the Zoning By-law of the City of Saint John" re-zoning a parcel of land with an area of approximately 9.2 hectares (22.7 acres) located at 1060 Sandy Point Road, also identified as being PID Numbers 55165781, 55173918 and 55159925 from "B-2" General Business, "TH" Townhouse, "R-1A" One Family Residential and "RM-1" Three Storey Multiple Residential to "B-2" General Business, "RM-1" Three Storey Multiple Residential and "TH" Townhouse classification, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By-law of the City of Saint John". On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by-law entitled "A Law to Amend the Zoning By-law of the City of Saint John" re-zoning a parcel of land with an area of approximately 9.2 hectares (22.7 acres) located at 1060 Sandy Point Road, also identified as being PID Numbers 55165781, 55173918 and 55159925 from "B-2" General Business, "TH" Townhouse, "R-1A" One Family Residential and "RM-1" Three 23 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 Storey Multiple Residential to "B-2" General Business, "RM-1" Three Storey Multiple Residential and "TH" Townhouse classification, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By-law of the City of Saint John". 9.5a) Projet de modification de l'arrêté de zonage visant le 1060, chemin Sandy Point 9.5b) Comité consultatif d'urbanisme recommandant le rezonage Le greffier communal déclare que les avis requis ont été publiés relativement au projet de rezonage d'une parcelle de terrain d'une superficie d'environ 9,2 hectares, située au 1060, chemin Sandy Point et portant les NID 55164545, 55165781, 55173918 et 55159925, pour faire passer la désignation s'y rapportant de zone de parc « P », de zone commerciale générale « B-2 », de zone de maisons en rangée « TH », de zone résidentielle – habitations unifamiliales « R-1A » et de zone résidentielle d'immeubles à logements multiples de trois étages « RM-1 » à la zone commerciale générale « B-2 », à la zone résidentielle d'immeubles à logements multiples de trois étages « RM-1 » et à la zone de maisons en rangée « TH », à la demande de Terrain Group, et qu'aucune objection par écrit n'a été reçue à cet égard. Examen d'un rapport du Comité consultatif d'urbanisme, accompagné d'un exemplaire du rapport du personnel d'urbanisme, étudié lors de la réunion du 8 avril 2008, à laquelle le comité a décidé de recommander l'approbation, telle qu'elle est rédigée dans la recommandation du personnel, du projet de modification de l'arrêté de zonage visant une parcelle de terrain située au 1060, chemin Sandy Point, tel qu'il est décrit ci-dessus, conformément aux conditions prévues à l'article 39. Le maire invite le public à exprimer son opposition au projet de rezonage, mais personne ne prend la parole. Le maire invite le public à se prononcer en faveur du projet de rezonage. Andrew Toole de Terrain Group Inc., le requérant, prend la parole et propose de répondre aux questions que les membres du conseil désirent lui poser. Proposition de la mairesse suppléante Hooton Appuyée par le conseiller Farren RÉSOLU que l'arrêté intitulé « Arrêté modifiant l'arrêté de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 9,2 hectares (22,7 acres), située au 1060, chemin Sandy Point et portant les NID 55165781, 55173918 et 55159925, pour faire passer la désignation s'y rapportant de zone commerciale générale « B-2 », de zone de maisons en rangée « TH », de zone résidentielle – habitations unifamiliales « R-1A » et de zone résidentielle d'immeubles à logements multiples de trois étages « RM-1 » à la zone commerciale générale « B-2 », à la zone résidentielle d'immeubles à logements multiples de trois étages « RM-1 » et à la zone de maisons en rangée « TH », fasse l'objet d'une première lecture. À l'issue du vote, la proposition est adoptée. Première lecture par titre de l'arrêté intitulé « Arrêté modifiant l'arrêté de zonage de The City of Saint John ». Proposition de la mairesse suppléante Hooton Appuyée par le conseiller Farren RÉSOLU que l'arrêté intitulé « Arrêté modifiant l'arrêté de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie d'environ 9,2 hectares (22,7 acres), située au 1060, chemin Sandy Point et portant les NID 55165781, 55173918 et 55159925, pour faire passer la désignation s'y rapportant de zone commerciale générale « B-2 », de zone de maisons en rangée « TH », de zone résidentielle – habitations unifamiliales « R-1A » et de zone résidentielle d'immeubles à logements multiples de trois étages « RM-1 » à la zone commerciale générale « B-2 », à la zone résidentielle d'immeubles à logements multiples de trois étages « RM-1 » et à la zone de maisons en rangée « TH », fasse l'objet d'une deuxième lecture. À l'issue du vote, la proposition est adoptée. 24 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 Deuxième lecture par titre de l'arrêté intitulé « Arrêté modifiant l'arrêté de zonage de The City of Saint John ». 9.6(a) Proposed Zoning By-law Amendment 86-88 Lansdowne Ave. 9.6(b) Planning Advisory Committee Recommending Denial of Rezoning On motion of Councillor Farren Seconded by Councillor Titus RESOLVED that as requested by the applicant, the by-law entitled "A Law to Amend the Zoning By-law of the City of Saint John" re-zoning a parcel of land with an area of approximately 580 square metres, also identified as being PID Numbers 00371120 and 00371138 from "B-2" General Business to "SZ-23" Special Zone #23, be withdrawn. Question being taken, the motion was carried. 9.6a) Projet de modification de l'arrêté de zonage visant le 86-88, avenue Lansdowne 9.6b) Comité consultatif d'urbanisme recommandant le rejet de la demande de rezonage Proposition du conseiller Farren Appuyée par le conseiller Titus RÉSOLU qu'à la demande du requérant, l'arrêté intitulé « Arrêté modifiant l'arrêté de zonage de The City of Saint John », modifiant le zonage d'une parcelle de terrain d'une superficie approximative de 580 mètres carrés et inscrite sous les NID 00371120 et 00371138, afin de faire passer la classification s'y rapportant de zone commerciale générale « B-2 » à zone spéciale no 23 « SZ-23 », soit retiré. À l'issue du vote, la proposition est adoptée. 10.2(a) Third Reading Municipal Plan Amendment 2 St. Paul St. 10.2(b) Third Reading Zoning By-law Amendment 2 St. Paul St. 10.2(c) Section 39 Conditions 2 St. Paul St On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by-law entitled "By-law Number C.P. 105-18 a Law to Amend the Municipal Plan By-law" amending Schedule 2- A, the Future Land Use Plan by re-designating a parcel of land with an area of approximately 5940 square metres located at 2 St. Paul Street, also identified as being PID Number 00022103, from Major Community Facilities to Service Corridor classification, be read. Question being taken, the motion was carried. The by-law entitled "By-law Number C.P. 105-18 a Law to Amend the Municipal Plan By- law", was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the by-law entitled "By-law Number C.P. 105-18 a Law to Amend the Municipal Plan By-law" amending Schedule 2- A, the Future Land Use Plan by re-designating a parcel of land with an area of approximately 5940 square metres located at 2 St. Paul Street, also identified as being PID Number 00022103, from Major Community Facilities to Service Corridor 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. 105-18 a Law to Amend the Municipal Plan By-law". 25 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by-law entitled "By-law Number C.P. 110-68 a Law to Amend the Zoning By-law of the City of Saint John" re- zoning a parcel of land with an area of approximately 5940 square metres located at 2 St. Paul Street, also identified as being PID Number 00022103, adding to the list of zones in Section 30(1) and adding Section 740(25), uses and zone standards, and re- zoning the same parcel from "B-2" General Business to "SZ-25" Special Zone #25, be read. Question being taken, the motion was carried. The by-law entitled "By-law Number C.P. 110-68 a Law to Amend the Zoning By-law of the City of Saint John ", was read in its entirety. On motion of Councillor Farren Seconded by Councillor Court RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 5940 square metres, located at 2 St. Paul Street, also identified as being PID Number 00022103 is subject to the following terms and conditions: a) The use of the rezoned area is limited to a hotel, including ancillary meeting and dining/lounge facilities, together with associated amenity areas and parking facilities; b) Prior to undertaking any development, the developer must submit a traffic impact analysis, prepared by a qualified professional and subject to the approval of the Chief City Engineer or his designate, with input from the N. B. Department of Transportation, which addresses projected traffic flows and turning movements that will result when the traffic to and from the proposed hotel is added to existing traffic movements. The traffic impact analysis must indicate how any potential, problem traffic flows will be addressed through traffic control measures established under TAC guidelines. The developer shall be responsible for the costs of any required improvements to the transportation infrastructure; c) Prior to undertaking any development, the developer must demonstrate, to the satisfaction of the Chief City Engineer or his designate, that the existing piped water supply and sewage disposal systems contain sufficient capacity to accommodate the development. The developer shall be responsible for the costs of any required improvements to piped systems; d) The developer must design and implement a detailed site drainage plan, subject to the approval of the Chief City Engineer or his designate, indicating the manner in which storm water collection and disposal will be handled on the site; e) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the landscaped areas and to facilitate proper drainage; f) The developer must provide all utilities underground, including power and telephone, from the existing overhead facilities; g) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas; h) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas and other site features; i) The approved plans mentioned in conditions (d) and (h) must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation. j) All site improvements (excluding landscaping), transportation infrastructure improvements and extensions of municipal services and utilities must be completed prior 26 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 to the occupation of any building on the site; and the landscaping must be completed within one year of building permit approval; and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by-law entitled "By-law Number C.P. 110-68 a Law to Amend the Zoning By-law of the City of Saint John" re- zoning a parcel of land with an area of approximately 5940 square metres located at 2 St. Paul Street, also identified as being PID Number 00022103, adding to the list of zones in Section 30(1) and adding Section 740(25), uses and zone standards, and re- zoning the same parcel from "B-2" General Business to "SZ-25" Special Zone #25, 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. 110-68 a Law to Amend the Zoning By-law of the City of Saint John". 10.2a) Troisième lecture de la modification du plan municipal visant le 2, rue St. Paul 10.2b) Troisième lecture de la modification de l'arrêté de zonage visant le 2, rue St. Paul 10.2c) Conditions imposées par l'article 39 visant le 2, rue St. Paul Proposition de la mairesse suppléante Hooton Appuyée par le conseiller Farren RÉSOLU que l'arrêté intitulé « Arrêté no C.P. 105- 18 modifiant l'arrêté relatif au plan municipal », visant à modifier, à l'annexe 2-A du plan d'aménagement futur des terres, la désignation d'une parcelle de terrain située au 2, rue St. Paul, d'une superficie d'environ 5 940 mètres carrés et portant le NID 00022103, pour la faire passer de zone d'installations collectives à zone de corridor de service, fasse l'objet d'une lecture. À l'issue du vote, la proposition est adoptée. L’arrêté intitulé « Arrêté no C.P. 105-18 modifiant l’arrêté relatif au plan municipal » est lu intégralement. Proposition de la mairesse suppléante Hooton Appuyée par le conseiller Titus RÉSOLU que l'arrêté intitulé « Arrêté no C.P. 105- 18 modifiant l'arrêté relatif au plan municipal », visant à modifier, à l'annexe 2-A du plan d'aménagement futur des terres, la désignation d'une parcelle de terrain située au 2, rue St. Paul, d'une superficie d'environ 5 940 mètres carrés et portant le NID 00022103, pour la faire passer de zone d'installations collectives à zone de corridor de service, fasse l'objet d'une troisième lecture, que ledit arrêté soit édicté et que le sceau communal y soit apposé. À l'issue du vote, la proposition est adoptée. Troisième lecture par titre de l'arrêté intitulé « Arrêté no C.P. 105-18 modifiant l'arrêté relatif au plan municipal ». Proposition de la mairesse suppléante Hooton Appuyée par le conseiller White RÉSOLU que l'arrêté intitulé « Arrêté no C.P. 110- 68, modifiant l'arrêté de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 5 940 mètres carrés, située au 2, rue St. Paul et portant le NID 00022103, ajoutant celle-ci à la liste des zones inscrite au paragraphe 30(1), ajoutant les usages et les normes de zonage connexes au paragraphe 740(25) et modifiant le zonage de la même parcelle afin de faire passer la 27 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 classification s'y rapportant de zone commerciale générale « B-2 » à zone spéciale no 25 « SZ-25 », fasse l'objet d'une lecture. À l'issue du vote, la proposition est adoptée. L'arrêté intitulé « Arrêté no C.P. 110-68 modifiant l'arrêté de zonage de The City of Saint John » est lu intégralement. Proposition du conseiller Farren Appuyée par le conseiller Court RÉSOLU qu'en vertu des dispositions prévues à l'article 39 de la Loi sur l'urbanisme, l'aménagement et l'usage d'une parcelle de terrain située au 2, rue St. Paul, d'une superficie approximative de 5 940 mètres carrés et portant le NID 00022103, soient assujettis aux conditions suivantes : a) l'usage du secteur rezoné se limite à l'aménagement d'un hôtel, y compris une salle à manger/bar-salon et une salle de réunion auxiliaire ainsi que des aires d'agrément et de stationnement connexes; b) avant d'entreprendre tout aménagement, le promoteur doit présenter une analyse des répercussions de la circulation, préparée par un professionnel compétent et assujettie à l'approbation de l'ingénieur municipal en chef ou de son représentant, qui comportera des commentaires du ministère des Transports du Nouveau-Brunswick sur les débits directionnels et les courants de circulation prévus qui se produiront lorsque la circulation à destination et en provenance de l'hôtel sera ajoutée aux mouvements de circulation existants. L'analyse des répercussions de la circulation doit indiquer la façon dont on réglera tout courant de circulation problématique potentiel au moyen de mesures de contrôle de la circulation établies en vertu des lignes directrices de l'Association des transports du Canada (ATC). Le promoteur sera responsable des coûts afférents à toute amélioration requise à apporter aux infrastructures de transport; c) avant d'entreprendre tout aménagement, le promoteur doit démontrer, à la satisfaction de l'ingénieur municipal en chef ou de son représentant, que les systèmes d'approvisionnement par canalisation et d'évacuation des eaux usées actuels ont une capacité suffisante pour permettre l'aménagement. Le promoteur sera responsable des coûts afférents à toute amélioration requise à apporter aux systèmes par canalisation; d) le promoteur doit concevoir et mettre en œuvre un plan de drainage détaillé sujet à l'approbation de l'ingénieur municipal en chef ou de son représentant indiquant le mode de traitement sur les lieux de la collecte et de la répartition des eaux pluviales; e) le promoteur doit asphalter toutes les aires de stationnement, les aires de chargement et de manœuvre et toutes les voies d'accès et prévoir des bordures de béton coulées sur place pour protéger les espaces paysagers et faciliter le drainage; f) le promoteur doit prévoir toutes les installations d'utilité publique souterraines, y compris les services d'électricité et de téléphone, depuis les lignes aériennes existantes; g) le promoteur doit prévoir l’aménagement paysager des aires perturbées du site où il n’y a pas de bâtiments, de voies d'accès, d'allées piétonnières et d’aires de stationnement et de chargement; h) l’emplacement doit être aménagé conformément aux plans de situation, d'aménagement paysager et d'élévation détaillés, préparés par le promoteur et sujets à l'approbation de l’agent d’aménagement, indiquant l’emplacement de tous les bâtiments, les aires de stationnement, les voies d'accès, les aires de chargement, les affiches, l’éclairage extérieur, les matériaux extérieurs des bâtiments et la finition, les espaces paysagers et les autres caractéristiques de l'emplacement; i) les plans approuvés mentionnés aux conditions d) et h) doivent accompagner la demande d'un permis de construction relativement à l'aménagement, à l'exception des demandes de permis qui ne visent que les travaux de préparation du terrain, pour lesquels lesdits plans ne sont pas exigés; j) toutes les améliorations apportées à l'emplacement (à l'exclusion de l'aménagement paysager), les améliorations apportées aux infrastructures de transport et le prolongement des services publics et municipaux doivent être terminés préalablement à l'occupation de tout bâtiment situé sur l'emplacement, et l'aménagement paysager doit 28 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 être complété dans un délai d'un an à compter de la date d'approbation du permis de construire. De plus, à la suite du rezonage du secteur, les terrains ainsi que tout bâtiment ou construction qui s'y trouvent doivent être aménagés et utilisés conformément à la proposition et aux conditions qui y sont stipulées. À l'issue du vote, la proposition est adoptée. Proposition de la mairesse suppléante Hooton Appuyée par le conseiller White RÉSOLU que l'arrêté intitulé « Arrêté no C.P. 110- 68, modifiant l'arrêté de zonage de The City of Saint John », relativement au rezonage d'une parcelle de terrain d'une superficie approximative de 5 940 mètres carrés, située au 2, rue St. Paul et portant le NID 00022103, ajoutant celle-ci à la liste des zones inscrite au paragraphe 30(1), ajoutant les usages et les normes de zonage connexes au paragraphe 740(25) et modifiant le zonage de la même parcelle afin de faire passer la classification s'y rapportant de zone commerciale générale « B-2 » à zone spéciale no 25 « SZ-25 », fasse l'objet d'une troisième lecture, que ledit arrêté soit édicté et que le sceau communal y soit apposé. À l'issue du vote, la proposition est adoptée. Troisième lecture par titre de l'arrêté intitulé « Arrêté no C.P. 110-68 modifiant l'arrêté de zonage de The City of Saint John ». 10.3(a) Third Reading Zoning By-law Amendment 55 McDonald St. 10.3(b) Section 39 Conditions 55 McDonald St. On motion of Councillor Titus Seconded by Councillor White RESOLVED that the by-law entitled "By-law Number C.P. 110-69 a Law to Amend the Zoning By-law of the City of Saint John" re- zoning a parcel of land with an area of approximately 3 hectares, located at 55 McDonald Street, also identified as being PID Numbers 55188825 and 00319939 as well as the former Tiffany Street, from "I-2" Heavy Industrial, "R-2" One and Two Family Residential, "R-4" Four Family Residential and unzoned former street area to "US" Utility and Service classification, be read. Question being taken, the motion was carried. The by-law entitled "By-law Number C.P. 110-69 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 Titus RESOLVED that pursuant to Section 39 of the Community Planning Act, the development and use of the parcel of land with an area of approximately 3 hectares, located at 55 McDonald Street, also identified as being PID Numbers 55188825 and 00319939, as well as the former Tiffany Street, is subject to the following terms and conditions: a) The use of the rezoned area is limited to an operations complex for Saint John Transit; b) The developer must pave all parking areas, loading areas, manoeuvring areas and driveways with asphalt and enclose them with cast-in-place concrete curbs where necessary to protect the landscaped areas and to facilitate proper drainage; c) The developer must provide adequate site drainage facilities 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 developer must provide all utilities underground, including power and telephone from the terminus of the existing overhead facilities; 29 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 e) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas, and the required landscaping must extend onto the City street right-of-way to the edge of the street curb; f) Access to the site is limited to a maximum of two driveways on McDonald Street, as generally indicated on the submitted proposal, the exact location and design of which is subject to the approval of the Chief City Engineer or his designate. There shall be no access to the site from Tiffany Street or Loch Lomond Road; g) 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, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas and other site features; h) The approved plans mentioned in conditions (c) and (g) above must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation and/or foundation only; i) All site improvements shown on the approved site plan and drainage plans, except for landscaping, must be completed prior to the opening of the facility for business; and the landscaping must be completed within one year of building permit approval; and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that the by-law entitled "By-law Number C.P. 110-69 a Law to Amend the Zoning By-law of the City of Saint John" re- zoning a parcel of land with an area of approximately 3 hectares, located at 55 McDonald Street, also identified as being PID Numbers 55188825 and 00319939 as well as the former Tiffany Street, from "I-2" Heavy Industrial, "R-2" One and Two Family Residential, "R-4" Four Family Residential and unzoned former street area to "US" Utility and Service 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. 110-69 a Law to Amend the Zoning By-law of the City of Saint John". (Councillors Tait, Titus and McGuire withdrew from the meeting.) On motion of Deputy Mayor Hooton Seconded by Councillor Ferguson RESOLVED that items 11.1, 11.2 and 11.3 be lifted from the table. Question being taken, the motion was carried. 10.3a) Troisième lecture de la modification de l'Arrêté de zonage visant le 55, rue McDonald 10.3b) Conditions imposées par l'article 39 visant le 55, rue McDonald Proposition du conseiller Titus Appuyée par le conseiller White RÉSOLU que l'arrêté intitulé « Arrêté no C.P. 110- 69 modifiant l'arrêté de zonage de The City of Saint John » visant à rezoner une parcelle de terrain située au 55, rue McDonald, d'une superficie approximative de 3 hectares, inscrite sous les NID 55188825 et 00319939, et l'ancienne rue Tiffany, afin de faire passer la classification s'y rapportant de zone d'industrie lourde « I-2 », de zone résidentielle - habitations unifamiliales et bifamiliales « R-2 », de zone résidentielle - habitations de quatre logements « R-4 » et de secteur d'anciennes rues non intégrées au zonage à zone de services publics et généraux « US », fasse l'objet d'une lecture. À l'issue du vote, la proposition est adoptée. 30 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 L'arrêté intitulé « Arrêté no C.P. 110-69 modifiant l'arrêté de zonage de The City of Saint John » est lu intégralement. Proposition de la mairesse suppléante Hooton Appuyée par le conseiller Titus RÉSOLU qu'en vertu de l'article 39 de la Loi sur l'urbanisme, l'aménagement et l'usage d'une parcelle de terrain située au 55, rue McDonald, d'une superficie approximative de 3 hectares et portant les NID 55188825 et 00319939, et de l'ancienne rue Tiffany, soient assujettis aux conditions suivantes : a) l'usage du secteur rezoné se limite à l'aménagement d'un complexe des opérations de la Commission des transports de Saint John; b) le promoteur doit asphalter toutes les aires de stationnement, les aires de chargement et de manœuvre et toutes les voies d'accès et prévoir des bordures de béton coulées sur place, au besoin, afin de protéger les espaces paysagers et de faciliter le drainage; c) le promoteur doit assurer des installations de drainage adéquates conformément à un plan de drainage détaillé préparé par le promoteur et sujet à l'approbation de l'ingénieur municipal en chef ou de son remplaçant; d) le promoteur doit prévoir toutes les installations d'utilité publique souterraines, y compris les services d'électricité et de téléphone à partir de l'extrémité des lignes aériennes existantes; e) le promoteur doit prévoir l’aménagement paysager des aires perturbées de l’emplacement où il n’y a pas de bâtiments, d’entrées et d’allées pour piétons, d’aires de stationnement et de chargement, et l'aménagement paysager requis doit s'étendre sur le droit de passage municipal jusqu'à la bordure de trottoir; f) l'accès à l'emplacement est restreint à un maximum de deux voies sur la rue McDonald, comme l'indique de manière générale la proposition présentée, la conception et l'endroit exact sont sujets à l'approbation de l'ingénieur municipal en chef ou de son représentant. Il n'y aura aucun accès à l'emplacement à partir de la rue Tiffany ou du chemin Loch Lomond; g) l’emplacement doit être aménagé conformément aux plans de situation et d'élévation détaillés, préparés par le promoteur et sujets à l'approbation de l’agent d’aménagement, indiquant l’emplacement de tous les bâtiments, les aires de stationnement, les voies d'accès, les aires de chargement, les affiches, l’éclairage extérieur, les matériaux extérieurs des bâtiments et la finition, les espaces paysagers et les autres caractéristiques de l'emplacement; h) les plans approuvés mentionnés aux conditions c) et g) ci-dessus doivent accompagner la demande d'un permis de construction relativement à l'aménagement, à l'exception des demandes de permis qui ne visent que les travaux de préparation du terrain et de la fondation, pour lesquels lesdits plans ne sont pas exigés; i) toutes les améliorations indiquées sur les plans de situation et de drainage, sauf l'aménagement paysager, doivent être terminées avant l'ouverture de l'emplacement aux fins commerciales, et l'aménagement paysager doit être complété dans un délai d'un an à compter de la date d'approbation du permis de construire. De plus, à la suite du rezonage du secteur, les terrains ainsi que tout bâtiment ou construction qui s'y trouvent doivent être aménagés et utilisés conformément à la proposition et aux conditions qui y sont stipulées. À l'issue du vote, la proposition est adoptée. Proposition de la mairesse suppléante Hooton Appuyée par le conseiller Titus RÉSOLU que l'arrêté intitulé « Arrêté no C.P. 110- 69 modifiant l'arrêté de zonage de The City of Saint John » visant à rezoner une parcelle de terrain située au 55, rue McDonald, d'une superficie approximative de 3 hectares, inscrite sous les NID 55188825 et 00319939, et l'ancienne rue Tiffany, afin de faire passer la classification s'y rapportant de zone d'industrie lourde « I-2 », de zone 31 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 résidentielle - habitations unifamiliales et bifamiliales « R-2 », de zone résidentielle - habitations de quatre logements « R-4 » et de secteur d'anciennes rues non intégrées au zonage à zone de services publics et généraux « US », fasse l'objet d'une troisième lecture, que ledit arrêté soit édicté et que le sceau communal y soit apposé. À l'issue du vote, la proposition est adoptée. Troisième lecture par titre de l'arrêté intitulé « Arrêté no C.P. 110-69 modifiant l'arrêté de zonage de The City of Saint John ». (Les conseillers Tait, Titus et McGuire quittent la réunion.) Proposition de la mairesse suppléante Hooton Appuyée par le conseiller Ferguson RÉSOLU que les points 11.1, 11.2 et 11.3 soient soumis aux fins de discussion. À l'issue du vote, la proposition est adoptée. 11. Submissions by Council Members 11.1 Passenger Train Service (Councillor Farren)(Forwarded from Mar 17,18)(Tabled Mar 31) Responding to the inquiry with respect to the renewal of passenger train service in Saint John, Mr. Totten advised that he would undertake to have a report for the next meeting of Council. (Councillor Chang withdrew from the meeting.) 11. Intervention des membres du conseil 11.1 Service ferroviaire pour passagers (conseiller Farren) (point reporté de la séance du 17 et 18 mars) (proposé le 31 mars) En réponse à la demande concernant le renouvellement du service ferroviaire pour passagers à Saint John, M. Totten s'engage à présenter un rapport au cours de la prochaine séance du conseil. (Le conseiller Chang quitte la réunion.) 11.2 Information on Upper Floor Grants (Councillor Farren) (Forwarded from Mar 17,18)(Tabled Mar 31) On motion of Councillor Farren Seconded by Deputy Mayor Hooton RESOLVED that the Commissioner of Planning and Development update Council on the City's plan to promote the Upper Floors Grant formula and the requirements for developers to qualify for these grants at this Council meeting. Mr. Baird responded to questions raised and advised that a report will be coming back to Council on this matter. (Councillor Chase withdrew from the meeting.) Question being taken, the motion was carried. 11.2 Renseignements sur le programme de subvention relatif à la restauration des étages supérieurs (conseiller Farren) (point reporté de la séance du 17 et 18 mars) (proposé le 31 mars) Proposition du conseiller Farren Appuyée par la mairesse suppléante Hooton RÉSOLU que le commissaire à l'urbanisme et au développement présente un compte rendu au conseil sur le projet de la Ville visant à promouvoir la formule de subvention relative à la restauration des étages supérieurs et sur les exigences afférentes à l'admissibilité aux subventions des promoteurs au cours 32 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 de la présente séance du conseil. M. Baird répond aux questions soulevées et indique qu'un rapport sera présenté au conseil relativement à cette affaire. (Le conseiller Chase quitte la réunion.) À l'issue du vote, la proposition est adoptée. 11.3 Update on One Mile House Interchange (Councillor Farren)(Tabled Mar 31) Mr. Groody provided an update on the One Mile House Interchange advising that work will begin on this project this year with completion tentatively scheduled for 2011. (Councillors Chase, Chang, Tait, Titus and McGuire re-entered the meeting.) 11.3 Mise à jour relative à l'échangeur d'un mille (conseiller Farren) (proposée le 31 mars) M. Groody présente un compte rendu sur l'échangeur d'un mille. Il indique que les travaux relativement à ce projet débuteront cette année, et que l'achèvement de ces derniers est provisoirement prévu pour 2011. (Les conseillers Chase, Chang, Tait, Titus et McGuire sont de nouveau présents à la réunion.) 11.4 Bay Ferries Saint John to Digby Service (Councillor Court)(Forwarded from Mar 17,18 and 31) On motion of Councillor Court Seconded by Councillor Farren RESOLVED that a letter be sent to the Federal Minister of Transportation to seek clarity on the future of the Saint John to Digby service and also this matter be referred to Councillor White and our MP, Paul Zed. Question being taken, the motion was carried. 11.4 Navette entre Saint John et Digby assurée par Bay Ferries (conseiller Court) (point reporté de la séance des 17, 18 et 31 mars) Proposition du conseiller Court Appuyée par le conseiller Farren RÉSOLU qu'une lettre soit envoyée au ministre fédéral des Transports dans le but d'obtenir des précisions sur l'avenir de la navette entre Saint John et Digby, et qu'en plus cette question soit soumise au conseiller White et à Paul Zed, notre député. À l'issue du vote, la proposition est adoptée. 11.5 Federation of Canadian Municipalities (Councillor Court) (Forwarded from Mar 17,18 and 31) On motion of Councillor Court Seconded by Councillor Titus RESOLVED that the letter requesting an update on the FCM’s Board of Directors Meeting recently held in Brandon, Manitoba, be received for information. Question being taken, the motion was carried. 33 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 11.5 Fédération canadienne des municipalités (conseiller Court) (point reporté de la séance des 17, 18 et 31 mars) Proposition du conseiller Court Appuyée par le conseiller Titus RÉSOLU que la lettre demandant un compte rendu sur la réunion du conseil d'administration de la Fédération canadienne des municipalités (FCM) qui s'est tenue récemment à Brandon, au Manitoba, soit acceptée à titre informatif. À l'issue du vote, la proposition est adoptée. 11.8 Safer Neighbourhoods and Communities (Councillor Chase) On motion of Councillor Chase Seconded by Deputy Mayor Hooton RESOLVED that Council request the Saint John Police Commission to present to Council on the implications and benefits of a Safer Neighborhood and Communities Act for New Brunswick. (Councillor Titus withdrew from the meeting.) Question being taken, the motion was carried. (Councillor Titus re-entered the meeting.) 11.8 Voisinages et communautés plus sécuritaires (conseiller Chase) Proposition du conseiller Chase Appuyée par la mairesse suppléante Hooton RÉSOLU que le conseil demande à la Commission de police de Saint John de faire une présentation devant le conseil sur les répercussions et les avantages d'une loi sur les voisinages et les communautés plus sécuritaires au Nouveau-Brunswick. (Le conseiller Titus quitte la réunion.) À l'issue du vote, la proposition est adoptée. (Le conseiller Titus est de nouveau présent à la réunion.) 11.9 Exchange with Donghae Korea (Councillor Chang) On motion of Councillor Chang Seconded by Councillor White RESOLVED that Common Council extend an official invitation to the Mayor and representatives of the City of Donghae Korea to visit the City of Saint John to explore cultural and economic development opportunities. Question being taken, the motion was carried. On motion of Councillor McGuire Seconded by Councillor White RESOLVED that items 13.1 - 13.7 inclusive be brought forward for consideration at this time. Question being taken, the motion was carried. 11.9 Échange avec la ville de Donghae en Corée du Sud (conseiller Chang) Proposition du conseiller Chang Appuyée par le conseiller White RÉSOLU que le conseil communal invite officiellement le maire et les représentants de la ville de Donghae, en Corée du Sud, à visiter The City of Saint John afin d'examiner les perspectives de développement culturel et économique. À l'issue du vote, la proposition est adoptée. Proposition du conseiller McGuire Appuyée par le conseiller White RÉSOLU que les points 13.1 à 13.7 inclusivement 34 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 soient examinés dès maintenant. À l'issue du vote, la proposition est adoptée. 13. Committee Reports 13.1 Planning Advisory Committee Recommending Assent to Municipal Services and Public Utility Easements 64-72 Queen St. On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that Common Council assent to any required municipal services and public utility easements with respect to 64-72 Queen Street. Question being taken, the motion was carried. 13. Rapports déposés par les comités 13.1 Comité consultatif d'urbanisme recommandant que soient approuvées les servitudes de services municipaux et d'entreprise de service public situées du 64 au 72, rue Queen Proposition de la mairesse suppléante Hooton Appuyée par le conseiller McGuire RÉSOLU que le conseil communal approuve toute servitude de services municipaux et d'entreprise de service public requise visant le 64- 72, rue Queen. À l'issue du vote, la proposition est adoptée. 13.2 Appointments Canadian Corps of Commissionaires On motion of Councillor Titus Seconded by Councillor Court RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By-Law Enforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By Law and the provisions of Section 5, Section 7, Section 8(1) and Section 15 of the Saint John Traffic By-Law namely: Ken Love; And further that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council whichever comes first. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor Court RESOLVED that pursuant to Section 14 of the Police Act of the Province of New Brunswick, the Common Council of the City of Saint John does hereby appoint the following member of the Canadian Corps of Commissionaires as By Law Enforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By-Law and the provisions of Section 5, Section 7, Section 8 (1) and Section 15 of the Saint John Traffic By-Law namely: Roy McKinney; And further that this appointment shall continue until such time as the appointee ceases to be a member of the Canadian Corps of Commissionaires or until the appointment is rescinded by Common Council whichever comes first. Question being taken, the motion was carried. 13.2 Nominations au Corps canadien des commissionnaires Proposition du conseiller Titus 35 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 Appuyée par le conseiller Court RÉSOLU qu'en vertu de l'article 14 de la Loi sur la police de la province du Nouveau-Brunswick, le conseil communal de The City of Saint John, par les présentes, nomme le membre suivant du Corps canadien des commissaires, à titre d'agent chargé de l'exécution des arrêtés municipaux, investi de la responsabilité et de l'autorité d'appliquer les dispositions de l'arrêté sur les parcomètres et les dispositions des articles 5, 7 et 15 et du paragraphe 8(1) de l'Arrêté relatif à la circulation dans The City of Saint John, à savoir Ken Love. De plus, que cette nomination demeure en vigueur jusqu'à ce que ce dernier cesse d'être membre du Corps canadien des commissaires ou jusqu'à ce que la nomination soit annulée par le conseil communal, selon la première éventualité. À l'issue du vote, la proposition est adoptée. Proposition du conseiller Titus Appuyée par le conseiller Court RÉSOLU qu'en vertu de l'article 14 de la Loi sur la police de la province du Nouveau-Brunswick, le conseil communal de The City of Saint John, par les présentes, nomme le membre suivant du Corps canadien des commissaires, à titre d'agent chargé de l'exécution des arrêtés municipaux, investi de la responsabilité et de l'autorité d'appliquer les dispositions de l'arrêté sur les parcomètres et les dispositions des articles 5, 7 et 15 et du paragraphe 8(1) de l'Arrêté relatif à la circulation dans The City of Saint John, à savoir Roy McKinney. De plus, que cette nomination demeure en vigueur jusqu'à ce que ce dernier cesse d'être membre du Corps canadien des commissaires ou jusqu'à ce que la nomination soit annulée par le conseil communal, selon la première éventualité. À l'issue du vote, la proposition est adoptée. 13.3 Planning Advisory Committee Recommending Subdivision and Variances 2905 Loch Lomond Rd On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that Common Council: 1. Approve the extension of Sunview Road as a public street along the frontage of the proposed Lot 08-01 and assent to any required municipal services or public utility easements. 2. Accept a cash-in-lieu dedication equal to 6% of the market value of the land in the subdivision (exclusive of public streets) at the time of subdivision approval. Question being taken, the motion was carried. 13.3 Recommandation du Comité consultatif d'urbanisme visant les dérogations et le lotissement situé au 2905, chemin Loch Lomond Proposition de la mairesse suppléante Hooton Appuyée par le conseiller Farren RÉSOLU que le conseil communal : 1. approuve l'agrandissement du chemin Sunview comme rue publique en bordure du lot 08-01 proposé ainsi que toute servitude de services municipaux ou d'entreprise de service public exigée; 2. autorise une compensation monétaire égale à 6 % de la valeur marchande du terrain inclus dans le lotissement (à l'exclusion des rues publiques) au moment de la demande d'approbation du plan de lotissement. À l'issue du vote, la proposition est adoptée. 13.4 Planning Advisory Committee Recommending Eagle Subdivision Phase A 1101 Grandview Ave On motion of Deputy Mayor Hooton 36 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 Seconded by Councillor Court RESOLVED that Common Council: 1. Assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Eagle Subdivision (Phase “A”) tentative plan illustrating new public streets with approximately 18 serviced residential lots, as well as any necessary municipal services and public utility easements. 2. Assent to the proposed 1.42 hectare (3.51 acre) Land for Public Purposes dedication, as generally illustrated on the submitted Eagle Subdivision (Phase “A”) tentative plan, which would also provide a 1.23 hectare (3.04 acre) credit for future subdivision development in the area, as well as the 1 metre (3.3 foot) wide Land for Public Purposes parcels along Harby Drive as generally illustrated on the submitted tentative plan. 3. 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. 4. Authorize cost sharing outside of the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By-law. Question being taken, the motion was carried. 13.4 Recommandation du Comité consultatif d'urbanisme visant la phase A du lotissement Eagle situé au 1101, avenue Grandview Proposition de la mairesse suppléante Hooton Appuyée par le conseiller Court RÉSOLU que le conseil communal : 1. approuve le ou les plans de lotissement en une ou plusieurs phases, conformément, de manière générale, au plan provisoire de lotissement Eagle (phase A) délimitant les nouvelles rues publiques qui comportent environ 18 lots résidentiels viabilisés, de même que toute servitude nécessaire aux fins de services municipaux et publics; 2. approuve l'affectation proposée du terrain d'utilité publique d'une superficie de 1,42 hectare (3,51 acres), comme le montre de manière générale le plan provisoire de lotissement Eagle (phase A) qui prévoit également un crédit de 1,23 hectare (3,04 acres) pour l'aménagement futur du lotissement dans le secteur ainsi qu'une largeur de 1 mètre (3,3 pieds) pour les parcelles de terrain d'utilité publique le long de la promenade Harby, comme l'illustre de manière générale le plan provisoire présenté; 3. autorise la rédaction et la signature de conventions de lotissement entre la Ville et le promoteur afin de permettre l'exécution des travaux requis et la mise en place des installations nécessaires, notamment en ce qui concerne l'élaboration de plans de situation et de drainage détaillés soumis à l'approbation de l'ingénieur municipal en chef; 4. autorise le partage des coûts au-delà des limites du projet de lotissement conformément à l'article 26 de l'arrêté sur le lotissement. À l'issue du vote, la proposition est adoptée. 13.5 Planning Advisory Committee Recommending Approval of Subdivision 738 Hillcrest Rd. On motion of Deputy Mayor Hooton Seconded by Councillor Court RESOLVED that Common Council assent to the submitted photo-reduced Joan & Kevin Steele tentative subdivision plan with respect to the following: (a) The vesting of the illustrated 1.85 hectare Land for Public Purposes dedication adjacent to Hillcrest Road, which would satisfy the L.P.P. requirement of 3539 square metres (38,095 square feet) for the proposed subdivision and provide a 37 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 credit of 1.50 hectares (3.7 acres) for any further subdivision development on the subject property; and (b) The vesting of any necessary public utility easements. Question being taken, the motion was carried. 13.5 Comité consultatif d'urbanisme recommandant l'approbation du lotissement situé au 738, chemin Hillcrest Proposition de la mairesse suppléante Hooton Appuyée par le conseiller Court RÉSOLU que le conseil communal approuve le plan provisoire de lotissement avec photo réduite présenté par Joan et Kevin Steele, en ce qui a trait : a) à l'inclusion de l'affectation illustrée du terrain d'utilité publique d'une superficie de 1,85 hectare adjacent au chemin Hillcrest qui répondrait aux exigences de l'UTFP, soit 3 539 mètres carrés (38 095 pieds carrés) pour le projet de lotissement, et qui prévoit un crédit de 1,50 hectare (3,7 acres) pour tout autre projet de lotissement sur ladite propriété; b) à la transmission de toute servitude nécessaire aux fins de services publics. À l'issue du vote, la proposition est adoptée. 13.6 Committee of the Whole Report - Motocross/Recreational Vehicle Tracks - Ocean Westway On motion of Councillor White Seconded by Councillor Farren RESOLVED that WHEREAS Common Council, by resolution dated November 5th, 2007, designated and authorized Mr. William Edwards to make an application to the New Brunswick Court of Queen’s Bench under subsection 94(1) of the Community Planning Act based upon the unlawful use of real property identified therein as civic number 2086 Ocean Westway and further identified by Service New Brunswick Property Identifier (“PID”) No. 00287474 (hereinafter the “Property”) as a motocross track by motocross cycles; and WHEREAS a more complete understanding of the use of the Property has subsequently been gained in the course of preparing the aforesaid application, including its unlawful use by motorized recreational vehicles other than motocross cycles, including ATV’s; and WHEREAS it is Common Council’s intention to have the aforesaid application reflect the understanding described in the immediately preceding recital; NOW THEREFORE BE IT RESOLVED that the aforesaid resolution adopted by Common Council, dated November 5, 2007, is hereby amended as follows: Paragraph 1 is deleted and replaced with the following: 1. Require Allan A. Williams and Edgar Alan Williams to immediately cease using or permitting the use of the Property, now identified by civic number 2074 Ocean Westway, as motocross/recreational vehicle tracks by motocross cycles and all other varieties of motorized recreational vehicles, and Paragraph 2 is deleted and replaced with the following: 2. Require Allan A. Williams and Edgar Alan Williams to refrain from using or permitting the use of the Property as motocross/recreational vehicle tracks by motocross cycles and all other varieties of motorized recreational vehicles in the future, and Paragraph 3 is deleted and replaced with the following: 38 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 3. Require Allan A. Williams and Edgar Alan Williams to, within 60 days or within such other time as the Judge may allow, demolish all of the motocross/recreational vehicle tracks that have been constructed/developed on the Property, and Paragraph 4 is deleted and replaced with the following: 4. Authorize the City to enter upon the Property to cause the demolition of all of the motocross/recreational vehicle tracks on the Property at the expense of Allan A. Williams and Edgar Alan Williams in the event that Allan A. Williams and Edgar Allan Williams do not comply with an order to do so from the Court of Queen’s Bench. Question being taken, the motion was carried. 13.6 Rapport du comité plénier relatif aux pistes de motocross/véhicules de plaisance sur la voie Ocean Ouest Proposition du conseiller White Appuyée par le conseiller Farren ATTENDU QUE le conseil communal a nommé et autorisé M. William Edwards, au moyen d'une résolution datée du 5 novembre 2007, à déposer une requête devant la Cour du Banc de la Reine du Nouveau-Brunswick, en vertu du paragraphe 94(1) de la Loi sur l'urbanisme, en raison d'une utilisation illégale du bien réel déterminé, par les présentes, comme étant le 2086, voie Ocean Ouest, qui est inscrit sous le NID 00287474 (ci-après appelé la « Propriété ») attribué par Services Nouveau-Brunswick, en tant que piste de motocross utilisée par les motocyclettes; ATTENDU QUE les membres du conseil ont acquis ultérieurement une meilleure compréhension de l'utilisation de la Propriété au cours de la préparation de la demande susmentionnée, y compris son utilisation illégale par des véhicules de plaisance motorisés, autres que les motocyclettes, à savoir par des VTT; ATTENDU QUE le conseil communal a l'intention que la demande susmentionnée reflète la compréhension décrite dans l'énonciation qui précède immédiatement; IL EST DONC RÉSOLU que la résolution susmentionnée adoptée par le conseil communal et datée du 5 novembre 2007 soit modifiée par les présentes comme suit : Le paragraphe 1 est supprimé et remplacé par le libellé suivant : 1. exiger que Allan A. Williams et Edgar Alan Williams cessent immédiatement d'utiliser leur Propriété située au 2074, voie Ocean Ouest, ou de permettre l'utilisation de celle-ci, en tant que pistes de motocross/véhicules de plaisance utilisées par les motocyclettes et toutes les autres sortes de véhicules de plaisance motorisés; Le paragraphe 2 est supprimé et remplacé par le libellé suivant : 2. exiger que Allan A. Williams et Edgar Alan Williams cessent d'utiliser à l'avenir la Propriété ou de permettre l'utilisation de celle-ci, en tant que pistes de motocross/véhicules de plaisance par les motocyclettes et toutes les autres sortes de véhicules de plaisance motorisés; Le paragraphe 3 est supprimé et remplacé par le libellé suivant : 3. exiger que Allan A. Williams et Edgar Alan Williams procèdent à la démolition de toutes les pistes de motocross/véhicules de plaisance qui ont été aménagées sur la Propriété dans un délai de 60 jours ou dans tout autre délai ordonné par le juge; Le paragraphe 4 est supprimé et remplacé par le libellé suivant : 4. autoriser la Ville à accéder à la Propriété en vue de procéder à la 39 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 démolition de toutes les pistes de motocross/véhicules de plaisance aménagées sur la Propriété, aux frais de Allan A. Williams et de Edgar Alan Williams, dans le cas où ces derniers omettraient de se conformer à l'ordonnance rendue par la Cour du Banc de la Reine. À l'issue du vote, la proposition est adoptée. 13.7 Committee of the Whole Report - Appeal of WHSCC Appeals Tribunal On motion of Councillor White Seconded by Councillor McGuire RESOLVED that Common Council direct and authorize the City Solicitor or his designate to appeal the February 7, 2008, decision of the Workplace Health, Safety and Compensation Commission Appeals Tribunal, which is identified by Decision Number 20074826, to the New Brunswick Court of Appeal in accordance with the requirements set out in Section 23 of the Workplace Health, Safety and Compensation Commission Act. Question being taken, the motion was carried. 13.7 Rapport du comité plénier – Appel du tribunal d'appels de la CSSIAT Proposition du conseiller White Appuyée par le conseiller McGuire RÉSOLU que le conseil communal charge l'avocat municipal ou son représentant d'en appeler de la décision no 20074826 du tribunal d'appels de la CSSIAT, datée du 7 février 2008, à la Cour d'appel du Nouveau- Brunswick, conformément aux exigences établies dans l'article 23 de la Loi sur la Commission de la santé, de la sécurité et de l’indemnisation des accidents au travail et l'y autorise. À l'issue du vote, la proposition est adoptée. 12. Business Matters - Municipal Officers 12.1 Debt Capacity of Capital Program (Tabled Mar 17, 18) On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that item`12.1 be lifted from the table. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the Debt Capacity Implications of Capital Program report, be received for information. Question being taken, the motion was carried. 12. Affaires municipales évoquées par les fonctionnaires municipaux 12.1 Capacité d'emprunt du programme d'immobilisation (proposé les 17 et 18 mars) Proposition de la mairesse suppléante Hooton Appuyée par le conseiller Titus RÉSOLU que le point 12.1 soit soumis aux fins de discussion. À l'issue du vote, la proposition est adoptée. Proposition du conseiller Titus Appuyée par le conseiller McGuire RÉSOLU que l'incidence du rapport du programme d'immobilisations sur la capacité d'emprunt soit acceptée à titre informatif. À l'issue du vote, la proposition est adoptée. 12.2 Water Service, Sustainability, Quality, Future Generations (Forwarded from Mar 31) 40 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 On motion of Councillor Tait Seconded by Councillor Ferguson RESOLVED that the report dated March 27, 2008, Water - Service, Sustainability Quality, Future Generations, be tabled for consideration by the next Council. Question being taken, the tabling motion was carried. 12.2 Réseau d'aqueduc, durabilité, qualité, générations futures (point reporté de la séance du 31 mars) Proposition du conseiller Tait Appuyée par le conseiller Ferguson RÉSOLU que le rapport daté du 27 mars 2008 et intitulé Réseau d'aqueduc, durabilité, qualité, générations futures soit déposé aux fins d'étude par le prochain conseil. À l'issue du vote, la proposition visant à reporter l'examen de cette question est adoptée. 12.3 Request for Special Meeting for the 2008 Debenture Issue On motion of Councillor Titus Seconded by Deputy Mayor Hooton RESOLVED that Common Council convene a Special Meeting on Thursday April 17, 2008 at 8:00 a.m. in the 8th floor boardroom for the purpose of considering the authorization of a Debenture issue in the amount of $11,000,000. Mayor McFarlane noted that this meeting is open to the public. Question being taken, the motion was carried. 12.3 Demande d'une réunion extraordinaire concernant l'émission d'obligations de 2008 Proposition du conseiller Titus Appuyée par la mairesse suppléante Hooton RÉSOLU que le conseil communal convoque une réunion extraordinaire le jeudi 17 avril 2007, à 8 h, dans la salle de conférence du 8e étage aux fins de considération de l'autorisation d'émettre des obligations au montant de 11 000 000 $. Le maire McFarlane indique que le public peut assister à cette réunion. À l'issue du vote, la proposition est adoptée. 12.4 Engineering Design and Construction Management Services Wastewater Collection System - Sanitary Lift Stations, Associated Forcemains and Collector Sewers On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that the proposal of CBCL Limited Consulting Engineers & Crandall Engineering Ltd. for engineering design and construction management services for Wastewater Collection System - Sanitary Lift Stations, Associated Forcemains and Collector Sewers be accepted and that the Mayor and Common Clerk be authorized to execute appropriate documentation in that regard. Question being taken, the motion was carried. 41 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 12.4 Élaboration des services de gestion de la conception et de la construction du système de collecte des eaux usées – station de relèvement sanitaire, systèmes de conduite forcée et égouts collecteurs Proposition du conseiller White Appuyée par la mairesse suppléante Hooton RÉSOLU que la proposition présentée par CBCL Limited Consulting Engineers et Crandall Engineering Ltd., relative à l'élaboration des services de gestion de la conception et de la construction du système de collecte des eaux usées – station de relèvement sanitaire, systèmes de conduite forcée et égouts collecteurs, soit acceptée, et que le maire et le greffier communal soient autorisés à signer la documentation exigée à cet égard. À l'issue du vote, la proposition est adoptée. 12.5 Wind Power for Water Treatment Preliminary Design New Water Treatment Facilities On motion of Councillor Court Seconded by Councillor McGuire RESOLVED that Common Council provide approval of the first two phases of the wind feasibility project as outlined in the submitted report in the amount of $190,000. with funding being provided from the 2008 Water & Sewerage Utility Fund Capital Program - Preliminary Design Water Treatment Facilities project, and that Common Council authorize staff to conduct negotiations for the engagement of an engineering consultant to carry out the design and construction management services for the project. Question being taken, the motion was carried. 12.5 Énergie éolienne pour le traitement des eaux – Avant-projet sommaire relativement aux nouvelles installations de traitement des eaux Proposition du conseiller Court Appuyée par le conseiller McGuire RÉSOLU que le conseil communal donne son approbation aux deux premières phases de l'étude de faisabilité relative à l'énergie éolienne, au montant de 190 000 $, comme l'indique le rapport présenté, dont le financement proviendra du programme d'immobilisations afférent au fonds du réseau d'aqueduc et d'égouts pour 2008 – avant-projet sommaire relativement aux nouvelles installations de traitement des eaux, et que le conseil communal autorise les employés à entamer des négociations en vue de retenir les services d'un ingénieur-conseil pour effectuer les services de gestion en matière de conception et de construction du projet. À l'issue du vote, la proposition est adoptée. 12.6 Rural Road Upgrade Project By Road #5 and Poplar Lane On motion of Councillor Ferguson Seconded by Councillor White RESOLVED that the report on Rural Road Upgrade Project – By Road # 5 and Poplar Lane, be received for information. Question being taken, the motion was carried. 12.6 Projet de réfection de routes rurales au niveau de l'embranchement no 5 et de l'allée Poplar Proposition du conseiller Ferguson Appuyée par le conseiller White RÉSOLU que le rapport sur le projet d'amélioration des routes rurales à la hauteur de l'embranchement no 5 et de l'allée Poplar soit accepté à titre informatif. À l'issue du vote, la proposition est adoptée. 42 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 12.7 Garbage Collection Garbage Storage Boxes 11.6 Waste Pick-up (Councillor Court)(Forwarded from Mar 31) On motion of Councillor Titus Seconded by Councillor White RESOLVED that the report on Garbage Collection – Garbage Storage Boxes be received for information. Mr. Groody commented briefly responding to questions concerning garbage collection in the Churchland Road area and stated that automated garbage collection would be the solution to this problem. He pointed out that a public information package is being prepared on this matter. Question being taken, the motion was carried. (Deputy Mayor Hooton and Councillor Chase withdrew from the meeting, due to a conflict of interest with item 12.8.) 12.7 Collecte des déchets – Boîtes d'entreposage des déchets 11.6 Ramassage des déchets (conseiller Court) (point reporté de la séance du 31 mars) Proposition du conseiller Titus Appuyée par le conseiller White RÉSOLU que le rapport sur la collecte des déchets – boîtes d'entreposage des déchets soit accepté à titre d'information. M. Groody discute brièvement de ce point, répond aux questions concernant la collecte des déchets dans le secteur du chemin Churchland et déclare que la collecte des déchets automatisée serait la solution à ce problème. Il souligne qu'une trousse d'information publique est en cours d'élaboration relativement à cette question. À l'issue du vote, la proposition est adoptée. (La mairesse suppléante Hooton et le conseiller Chase quittent la réunion, étant donné qu'ils sont en situation de conflit d'intérêts avec le point 12.8.) 12.8 Development Proposal 131 Pugsley Ave On motion of Councillor Titus Seconded by Councillor White RESOLVED that: 1. The City of Saint John sell the fee simple absolute interest in lands identified at PID Number 411876 and 371948 shown on the submitted proposal and sketch, also known as civic #131 Pugsley Avenue to P.W. Chase Holdings Ltd. (or related company) for a purchase price of $50,000. plus H.S.T. (if applicable), on or before 30 days after the filing in the Registry office of the Zoning By-law amendment, subject to the following terms and conditions: a) obtaining satisfactory rezoning and other municipal approvals; and b) the reservation of any municipal services and/or public utility easements identified prior to the sale of PID Number 411876 and 371948; and 2. P.W. Chase Holdings Ltd. be authorized to apply for a rezoning of the above noted property, however Common Council is not implicitly or explicitly obligated to approve the application. 3. In the event development has not commenced within 1 year of transfer of title to P. W. Chase Holding Ltd., the City reserves the right to repurchase the property for $50,000. plus HST if applicable. 4. The Mayor and Common Clerk are authorized to execute any documents required to finalize the transfer. Question being taken, the motion was carried. 43 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 On motion of Councillor Farren Seconded by Councillor Ferguson RESOLVED that all types of City-owned land purchases that are approved have a 12 month development timeframe and if no action is taken, staff will bring back a report to Council. Question being taken, the motion was carried. (Deputy Mayor Hooton and Councillor Chase re-entered the meeting.) 12.8 Proposition d'aménagement relative au 131, avenue Pugsley Proposition du conseiller Titus Appuyée par le conseiller White RÉSOLU que : 1. The City of Saint John vende le lot des terrains portant les NID 411876 et 371948 délimités sur le croquis et la proposition présentés et connus sous l'adresse municipale 131, avenue Pugsley à P.W. Chase Holdings Ltd. (ou à une société affiliée), au prix d'achat de 50 000 $, TVH en sus (le cas échéant), au plus tard 30 jours suivant le dépôt au Bureau de l'enregistrement de la modification apportée à l'arrêté de zonage, sous réserve des conditions suivantes : a) l'obtention d'un rezonage satisfaisant et d'autres approbations municipales; b) la réserve de toute servitude aux fins de services publics et municipaux déterminée avant la vente des terrains portant les NID 411876 et 371948; 2. l'entreprise P.W. Chase Holdings Ltd. soit autorisée à présenter une demande de rezonage pour ladite propriété, mais que le conseil communal n'ait pas l'obligation implicite ou explicite d'approuver la demande; 3. dans le cas où l'aménagement n'a pas commencé dans l'année suivant le transfert du titre à l'entreprise P.W. Chase Holdings Ltd., la Ville se réserve le droit de racheter la propriété pour la somme de 50 000 $, TVH en sus (le cas échéant); 4. le maire et le greffier communal soient autorisés à signer les documents nécessaires pour assurer le transfert. À l'issue du vote, la proposition est adoptée. Proposition du conseiller Farren Appuyée par le conseiller Ferguson RÉSOLU que tous les types d'actions foncières approuvés appartenant à la Ville aient un délai d'aménagement de douze mois, et si aucune mesure n'est prise, le personnel doit présenter un rapport au conseil. À l'issue du vote, la proposition est adoptée. (La mairesse suppléante Hooton et le conseiller Chase sont de nouveau présents à la réunion.) 12.9 Lease of Space City Market On motion of Councillor White Seconded by Deputy Mayor Hooton RESOLVED that: 1. The City of Saint John enter into a Lease of Space at the City Market with Mr. Bill Grant as per the terms and conditions as contained in the Lease submitted herewith to M&C 2008-92; and 2. The Mayor and Common Clerk be authorized to execute the Lease or any other document required to finalize the transaction. Question being taken, the motion was carried. (Councillor Chase re-entered the meeting.) 44 93- COMMON COUNCIL/CONSEIL COMMUNAL April 14, 2008/Le 14 avril 2008 12.9 Location d'espaces au marché municipal Proposition du conseiller White Appuyée par la mairesse suppléante Hooton RÉSOLU que : 1. The City of Saint John conclue un bail au marché municipal entre elle-même et M. Bill Grant, conformément aux modalités et aux conditions stipulées dans le bail joint au contrat no MC 2008-92; 2. le maire et le greffier communal soient autorisés à signer le bail ou toute autre documentation requise afin de conclure la transaction. À l'issue du vote, la proposition est adoptée. (Le conseiller Chase se joint à nouveau à la réunion.) 12.10 Sister City Shenzhen On motion of Councillor White Seconded by Councillor Chang RESOLVED that Common Council extend an official invitation to the Mayor and representatives of the City of Shenzhen P. R. of China to visit the City of Saint John to establish a Sister City relationship. Question being taken, the motion was carried. 12.10 Ville jumelée de Shenzhen Proposition du conseiller White Appuyée par le conseiller Chang RÉSOLU que le conseil communal invite officiellement le maire et les représentants de la ville de Shenzhen de la République populaire de Chine à visiter The City of Saint John afin d'établir une relation à titre de ville jumelée. À l'issue du vote, la proposition est adoptée. 14. Consideration of Issues Separated from Consent Agenda 14. Étude des sujets écartés des questions soumises à l'approbation du conseil 15. General Correspondence 15. Correspondance générale 16. Adjournment The Mayor declared the meeting adjourned at 9:25 p.m. 16. Levée de la séance Le maire déclare que la séance est levée à 21 h 25. Mayor/maire Common Clerk/greffière communale 45 93- COMMON COUNCIL 2008 COMMON COUNCIL MEETING – THE CITY OF SAINT JOHN CITY HALL – SPECIAL MEETING, April 17, 2008 8:00 A.M. present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chang, Chase, Court, and Titus - and - T. Totten, City Manager; J. Nugent, City Solicitor; Greg Yeomans, Commissioner of Finance and Treasurer; and E. Gormley, Common Clerk 1. Call To Order Mayor McFarlane called the special meeting to order. 2. 2008 Debenture Issue On motion of Deputy Mayor Hooton Seconded by Councillor Titus RESOLVED that: Whereas occasion having arisen in the public interest for the following public civic works and needed civic improvements, that is to say: GENERAL FUND General Government $ 500,000 Protective Services $ 750,000 Transportation Services $ 4,000,000 Environmental Health $ 300,000 Economic Development $ 1,500,000 Parks and Recreation $ 1,450,000 $ 8,500,000 WATER & SEWERAGE UTILITY Water System $ 2,000,000 Sewer System $ 500,000 $ 2,500,000 TOTAL $ 11,000,000 1. Therefore resolved that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto to the amount of $11,000,000. 46 93- COMMON COUNCIL , 2008 2. Commissioner of Finance be authorized to issue and to sell to the New Brunswick Municipal Finance Corporation (the “Corporation”) a City of Saint John bond or debenture in the principal amount of $11,000,000 at such terms and conditions as are recommended by the Corporation. 3. And further that the City of Saint John agrees to issue post-dated cheques to the Corporation, or other such arrangements as the Corporation may from time to time accept, in payment of principal and interest charges on the above bond or debenture as and when they are required by the Corporation. 4. And further that the Commissioner of Finance be hereby authorized to receive an offer in connection with the foregoing debentures at a price not less than $98 per $100 of debenture, at interest rates not to exceed an average of 6.50% and at a term not to exceed 15 years for the issue related to the General Fund and Transit and not to exceed 20 years for the Water & Sewerage Utility. 5. And further that the Commissioner of Finance report to Common Council the exact values for price per $100 of debenture, interest rate and term in years, together with the date of the issue. Question being taken, the motion was carried. 3. Adjournment The Mayor declared the meeting adjourned at 8:05 p.m. Mayor/maire Common Clerk/greffière communale 47 6 April 24 2008 Mayor Norm McFarlane Common Council Common Clerk s Office PO Box 1971 E2L 4L1 Saint John NB DELIVERED BY HAND Dear Mayor McFarlane I am pleased to announce that Saint John will be hosting the Annual General MeetingandConferenceoftheAssociationofCanadianPortAuthoritiesfromAugust17th20th2008ontheoccasionofits50thanniversary Founded in 1958 as the Canadian Port and Harbour Association the Association ofCanadaPortAuthoritiesisthepreeminentAssociationfortheadvocacyandadvancementoftheCanadianPortIndustryItsmembershipcomprisesofCanadianportsterminaloperatorscompaniesdoingbusinessinthemarinesectorandvariousgovernmententities The Association s objective is to encourage and stimulate the development of theCanadianportindustryandtoadvancethevestedinterestsofitsmembersThemissionisaccomplishedthroughthedevelopmentofprogramsthatenhanceandpromotethebusinessclimatewithintheportindustry As we have witnessed in Saint John ports are important economic engines Ports arecommerciallyviableselfsufficientbusinessenterprisesactingasgatewaystotradeforthecommunitiesandregionstheyserveCanadaPortAuthoritiesprovideover250000directandindirectjObsnationwideandhandleover200milliontonnesvaluedat141billionofgoodseachyearapproximatelyanother200milliontonnesishandledatprivateportsandatsmallerregionalportsacrossCanada The annual conference attracts executive management from Ports across Canada inadditiontootherkeystakeholderssuchasgovernmentandsupplierstotheportandtransportationindustriesHistoricallytheeventhosts200delegatesandcompanionsfor4daysofbusinessandsocialprogrammingThisyearsthemePortsTheCanadianAdvantagepromisestodeliveracomprehensiveandinformativebusinessprogramthatwillassistinlaunchingACPAandtheindustryintothenextfiftyyearsTheconferencewillalsoprovideexcellentnetworkingopportunitiesforallthosedoing 48 business in the port community and a more than memorable social program to celebrate ACPA s 50th Anniversary featuring plenty of great Maritime food fun festivities and public fireworks As a port city and with this prestigious and landmark event taking place in Saint JohnSaintJohnPortAuthorityisrespectfullyrequestingyourfinancialsupporttowardsshowcasingourportandourcitytotheindustryinfluencersandexecutiveswhowillbe attending the conference We see this as a key partnership in building a successfuleventandleadingtofurtheropportunitiesforeconomicspinoftsforboththePortand City of Saint John Thank you for your consideration and we look forward to your response 49 SAINT JOHN WATERFRONT DEVELOPMENT One Market Square Suite 301 Saint John New Brunswick EZL 4Z6 Tel 506 6744278 Fax 506 649 6068 Email info@sjwaterfrontcom Website www sjwaterfrontcom April 23 2008 Mayor Norm McFarlane Members of Saint John Common Council City of Saint John 8th Floor City Hall P O Box 1971 Saint John N B E2L 4L1 Dear Mayor McFarlane Members of Common Council Subiect Saint Andrews Park Water Street Precinct We are very pleased to report the start of construction on the Saint Andrews park located at the foot of King Street Due to the high visibility of this site and the temporary demolitioril of the existing space during the construction period we are providing you with this report to ensure you kept up to date and informed of the development As you are aware this construction project is one of several phases of the W ter Street Precinct redevelopment The discussion on this project first started in 2005 with sevetal organizations expressing a need to have a coordinated design for the new proposed Cruise Terminal Coast Guard Site private investment proposals in the precinct and the reconstruction ofthe Water Street The design consultation for this project spanned over six months with a very comprehensive attempt to solicit input and feedback In total there were 31 special interest groups eacr separately consulted on this project Additionally a special design input session exclusively for prop rty and business owners on Prince William and Water Streets was held at the Delta Brunswick as wer several additional one on one meetings with a select few business on request As you are also aware the final unveiling of preliminary designs and public input session was a highly publicized special presentation and council meeting on the Waterfront in 2006 Again the designs were presented as preliminary and comment cards were circulated during this presentation to solicit new and additional input This event was well attended and well promoted with special invitations distributed through several channels advertising in the local papers and an overwhelming support via the media In total more that 15 separate stories many including the designs were published in the local newspaper about the project in addition to 11 additional press releases and or updates to council in the open session As a quick reminder we are providing you with the following summary ofthe cheduled project phases and design considerations for the project Saint Andrews Park Construction starting spring 2008 and finishing mid August 2008 SAINT JOHN AI1MINIHRATIONP Wf1 IRErWSAI T OHN saint john1MOe Saint John Board of Trade ENTERPRISE IZ1 SAINT JOHN RitRT UPT City of Saint John50 Design to feature relocation of Barbour s General Store to this park The store will continue as a popular period museum and also serve as the downtown Vi itor Information Center during the tourism season A large transformer pad scheduled to be placed in this park previ usly will be disguised in a concealed vault in a special basement designed for the store Fuinding for this was made courtesy of Saint John Energy A new and expanded green space will be created with the remov 1 of the asphalt at the former bus turnaround area The old Saint Andrews Bicentennial Garden and signage will be restored and new trees will be planted The former brick walkway and a new additional plaza will be crea ed New lighting seating and interpretative panels consistent with th Trinity Royal Design Theme will be introduced The People in Waiting John Hooper sculptures will be featured iin the new design Saint Patrick s Three Sisters Tenders have been advertised and will close on May 13th 2008 Construction is expected to be in 2008 with a construction schedule to follow upon award Designs have accommodated all four separate monuments currertly located in this park The main features will be the Three Sister s Lamp and the Celtic Cross with two new plazas created around these monuments The park will feature new and expanded green spaces plantings and trees The west portion of the site will be expanded as green space Coordination on design has been prepared in conjunction with th adjacent condominium development Puqslev Park Foot of Princess Street Final designs have not been started pending final land approvals iof the Saint John Port Authority Designs will be complete to coordinate with a possible private deVelopment as established with the recent call for proposals issued from the SJPA for the sections of land north of Duke Street to South Market Slip Construction is tentatively scheduled for 2009 We are very mindful of the high visibility of these development sites and nee to keep all ofour stakeholders well informed We also recognize that there has been some tinjle between the design consultations and construction and we hope this report helps to keep you inf rmed of the project and next steps As always we will continue to strive for improvements to our con ultation process and we hope this report supports and keeps you informed Yours truly SAINT JOHN WATERFRONT DEVELOPMENT General Manager cc Terry Totten Paul Groody 51 April 17 2008 To Your Worship Mayor McFarland Councilors Mr Terry Totten and Mr Paul Groody Re Barbour Tea Museum and Greenspace Park on Prince William King Street and Water Street From Owners Margret and Axel Begner Status URGENT It has brought to my attention without consultation to meor other business owners on Prince Willliam Street that the Barbour Tea Museum will be moved to Prince William Street and situated perpendicular to Prince William with the front dqor facing King Street For Opera Bistro and our Patrons this is a totally unacceptable One bfthe significant reasons we signed a lease with Commercial Properties wasbased on our long term marketing plans to incorporate the green space as a visual opportuni and in the near future when weather permits to create outdoor events During the W terfront Development consultation process the now green space across from pPera Bistro would remain a green space and consultation would take place with land d business owners if anything would change There was No communication No reason why the Museum is placed that way which will elilminate mature trees No enhancement to the curb appeal of the invested business wners already here on Prince William Street especially Opera Bistro No timely notice that there would be construction on the stre t in front ofour building that could potentially decline our patrons business I At no time did we see hear or were asked to attend a meeting that Uld allow the repositioning ofthe Barbour Tea Museum to be placed in such a wa that the majority of the buildings real estate would be an empty wall directly across fro Opera Bistro s main front window and in the summer time creating a vacant wall for our utdoor patrons while dining to look at i I highly suggest before Opera Bistro engages in legal action with Copunercial Propertiesthatthissituationberectifiedandthecurrentprocessofmovingtheuseumand construction be stopped Margret and Axel Degner Cc Prince William Street Merchants Peter Asimakos General Manater Uptown Saint John r 52 April 28, 2008 Deputy Mayor Hooton And Councillors Deputy and Councillors, Subject: City Solicitor Salary Scale Adjustment The Committee of the Whole having met on April 14, 2008, makes the following recommendation: RESOLVED that Common Council authorize the placement of the City Solicitor at Step C, Group 9 of the Management Professional Pay Scale effective January 1, 2007 and at Step D, Group 9 effective January 1, 2008. Yours truly, Norm McFarlane Mayor 53 April 28, 2008 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors: Subject: Council Meeting Schedule Revision According to the Council Meeting Schedule, there is a meeting listed for May 12. As you are aware, the Municipal Election will occur on this date, and the next scheduled regular meeting of Council will be June 9, 2008. If there is an urgent matter that arises before June 9th, a meeting will be arranged to deal with that issue. Recommendation: That the Council meeting scheduled for Monday, May 12, 2008 be cancelled due to the Municipal Election taking place on this date. Sincerely, Elizabeth Gormley Common Clerk 54 r i April 24 2008 Common Council City of Saint John 15 Market Square Saint John NB E2L 1 E8 Your Worship Deputy Mayor and Councillors This letter is directed to you further to correspondence dated March 12 2008 and is specific to the Redhead Road and the pending disaster in this area It must again be stated that engineers have reported that a storm or wave action may cause severe slope failure that would probably cause disruption of sewerage lines road access and power phone utilities This report was commissioned by the city and appears to have been ignored to date At a community meeting held last night in Redhead with more than one hundred local residents in attendance it was agreed that we want the opportunity to direct questions to city staff members when we appear before council It must be understood that city staff has had this matter before them for a substantial period of time and should have a clear vision of what must be done to rectify problems regarding slope erosion and the subsequent deterioration of road and infrastructure Discussions last night underlined the fact that this matter has been bantered around through three consecutive councils with no sincere attempt to correct the problem At this time the community is adamant that this matter be brought forward and resolved with expediency A partial petition is appended hereto demanding that action be taken Comments at past council meetings have suggested that staff feels the erosion problem can only be repaired by expending vast amounts of monies Our community completely disagrees with this misconception and have documented and physical proof that cost effective solutions exist Sincerely r Alan Maund 1812 Manawagonish Road Saint John NB E2M 3Y5 55 We the undersigned are residents of Saint John and demand that the City of Saint John take immediate action to protect and maintain the Redhead Road and its associated infrastructure Name t jO Se Ilo lcll J 5o 11 c e f kI I I I T eL L1 s So 0 II rd I I M Iv ICfAlCUVLif W O b y t I c Address Phone Signature l q Clleu c 721 38 1q ULVSi l I f4J ttl ov f f e frurrsv p d 95 J 7 1 5771 J JJ7I390 51 o 3 C JkIj r CIfvQLlhG t U fc 1LA L r 4 56 We the undersigned are residents of Saint John and demand that the City of Saint John take immediate action to protect and maintain the Redhead Road and its associated infrastructure Name y l U ctV 0 l rt le 01 e I c Jv 1v e Address Phone Signature 1bA J cJ J b5J 4fIy UJ e Lf2 1St I Jj7If 1cf IhD Ztn h 7 Tq 3 Si7 l 1 AIIDI fk c r5 2 Q Q02 1 l IVI tcut to J HBJt tLJ W ci It L irf Lcv I 2 6 DoAsickc 40 2 1i 3oJL 2 b o r le Ct t sO 01 11J V 0 M A f4u iJdivlCtlJlDST 1 1 I I 7i JkL I c f t L f1 L iL 5 4 k LJt flLr z wifj lt jl CI o c J i 57 We the undersigned are residents of Saint John and demand that the City of Saint John take immediate action to protect and maintain the Redhead Road anditsassociatedinfrastructure Name Address J II 3PJtXSIDf L I2 i c r Ifb3 f1ci IleAl 12 6 th nsb i v IN rt Uzff rt N11 I I it l n Lv rt Phone Signature h 8 qY19 6JJ 2 Y I I c j fl 1 J 5J f 75 rr 11 L h Yft 171 11 LA fs rIr11N1tVjrnfI D b t3 l e v 0 IJ r tJPI fY I J j t 2 S litIt 4 n1 I v 12t U 5tJl j j L Ie ttu l e I 1 I 2 0 c L C U Pl t t 6 P J 58 We the undersigned are residents of Saint John and demand that the City of Saint John take immediate action to protect and maintain the Redhead Road and its associated infrastructure Name Address Phone Signature t 2 40 1 J2J lb 1000 01lv T 1 Ji oJ j j0 13I to7d 72 1 1430 I l i7 fJ 7 lhoj1 j C e A 7 C J 3 5 c Y00 3 1L cJ oe i33S c 7 l v1ltdutJ itl j v59 We the undersigned are residents of Saint John and demand that the City of Saint John take immediate action to protect and maintain the Redhead Road and its associated infrastructure Name Address Phone Signature A xk J PI tl iG 8 1 Jo 6 Y AC r f ks tl kr6r J x J0 rcJ ICLe 4 II11tLI@ 0 eel 14 2 Ie Cj civ 7 iVC 70t 7II EO7rJOZ ftmi 1J6 U JXJi7 II 0 tfC 1 q WK L 1 2 11 21 4 lkJnyLUDb 9 7 j j7j7L 011 C7 7f1lY n j I I ICI Ltrvv cyy I q 10 411v L 3 Si7r4 1 jc 3 v u 2 y 4 ileAI Ie 60 We the undersigned are residents of Saint John and demand that the City of Saint JohJKejrrlJnediate to protect and maintain the Redhead Roaa and its associated infrastructure Name Address Phone Signature I it i ED DO YL t r S EA f4AD G33 21f r CLtA I 1 I 0 cJJ nlAuJ 111 I l 1 5r J c 11 t C J l cJ2 t1 r A Y z r 2II P i 1 t 7 t IIs 0 fL1L4 0 i 3 5 1 OGt t Yu rt 6Lt V L 61 Common Council City of Saint John 15 Market Square Saint John New Brunswick E2L 1 E8 Your Worship and Councillors The residents of East Saint John are concerned about the apparent lack of attention being given to a dangerous and expensive problem facing the City I have received information that there is a way that housing and infrastructure in East Saint John and in particular Harbour View and adjacent developments can be protected while saving the city money but this seems to be ignored Council has taken the position that it will not deal with this until after the election I feel this is improper as you have not heard all the facts Further if there is a land slippage which can occur at any time a resulting sewer discharge will cause extensive environmental damage not only to Courtney Bay but to the entire harbour and even up the Saint John River I cannot understand how our City can arrange to contribute to a clean up of pollution of the Saint John Harbour and yet allow the danger of a major pollution event to continue I ask the Council to give this matter a priority for the benefit and protection of all citizens of the City Citizen of Saint John lo 3 o 31 62 Saint John Council Norm McFarlane Mayor Phone Bus 658 2912 Phone Res 635 0385 norm mcfarlane@saintiohn ca Michelle Hooton Dep Mayor 122 Carmarthen St Saint John NB E2L 2N8 Phone Cell 650 1967 michelle hooton@saintiohn caJayYoungChang 278 Waterloo St Saint John NB E2L 3T5 Phone Res 657 9987 Phone Bus 693 0884 iav chanQ@saintiohn ca Peter McQuire 88 Dexter Dr Saint John NB E2M 5K2 Phone Res 674 1151 peter mcguire@saintiohn ca Stephen Chase 30 Anglin Drive Saint John NB E2K 3P9 Phone Res 652 2966 stephen chase@saintiohn ca Glen Tait 19 Skyline Dr Saint John NB E2M 4K2 Phone Res 696 6250 Qlen tait@saintiohn ca Ivan Court 2 Valentine Boulevard Saint John NB E2M 5G9 Phone Res 672 0872 Phone Bus 658 5358 ivan court@saintiohn ca Chris Titus 300 Balmoral Crescent Saint John NB E2M 4V3 Phone Res 672 6261 Phone Bus 658 2580 christophertitus@saintiohn ca Bill Farren 873 Edgehill Row Saint John NB E2M 4G7 Phone Res 674 8102 bill farren@saintiohn ca John Ferguson 33 Vista Ridge Cres Saint John NB E2J 4K4 Phone Res 674 1237 Phone Bus 658 2492 iohn ferQuson@saintiohn ca Carl White 23 Cedarwood Dr Saint John NB E2K 4T4 Phone Res 658 0701 Fax Res 652 7691 carl white@saintiohn ca 63 To Concerned Residents of Redhead For years we have been fighting to have our road and the adjacent ocean front protected The responsibility for this now falls on our City and its Councillors Make shift attempts have been carried out in a stopgap attempt to improve our situation the cables and tires on the beach These proved to be vain attempts by the Province trying to save money at our expense The most recent report pertaining to our road was completed in the fall of 2007 following a massive slide This report states that there will be another failure in that area of the road within the next 1 to 5 years It states further that the integrity of our road and the sewer lines located beneath it will be affected by this next event This report was presented to council 6 months ago and nothing has been done When this next event takes place we will have 2 ten inch forced and 1 gravity feed sewer lines destroyed in the area of Redhead Road and Ocean Drive Not including the clean up of dumped sewerage in our area the cost of relocating these lines will exceed 1 million dollars It brings into question how the City intends to service the homes in the area when this happens We will also lose the use of our roadway from the subdivisions to the marsh a historic and scenic access route to our homes Some homeowners have paid considerable monies to build seawalls The areas in which this was done have remained intact since this was done The cost of doing the length of our roadway is projected at approximately 500 000 It is time that the City of Saint John undertakes its obligation to the residents of Redhead and acts to remedy this situation As residents we all need to call write and otherwise voice our opinion to the Major and councillors MLA s and MP s AI Maund 1196 Redhead Road 721 3879 64 7 0 l I Garry Prosser 85 Anthony s Cove Road Saint John N S E2P 1 K9 April 15 2008 City of Saint John PO Box 1971 Saint John N S E2L 4L1 Att Common Council SUBJECT Property Taxes Mayor and members of Common Council Property Tax bills are now out and it is now time to advise you it is my opinion that Common Council and therefor the City of Saint John have breached the duty of fairness By offering a tax reduction to a private business in this City you have imposed a hardship on property owners such as myself Also by maintaining this reduced flat tax to private business for a number of years the hardship to homeowners will become compounded over this same time period My requests to Common Council are a Refer this letter to the City Solicitor for their report and recommendation s based on all knowledge known to them This report and recommendation s to be placed on the agenda of an open session of Council and b The City of Saint John reduces my property tax for this year to 50 and maintains this tax rate for the duration of the guaranteed flat tax granted to this private business Our home was constructed four 4 years ago based on the existing land uses in our community Council members have stated this project would not have proceeded without the tax reduction this places Council in direct responsibility for the destruction and stagnation of our community Our home was to be an asset that over a period we would see an increase in City services new homes being built in the area and property values increasing This will not happen There will be no improvement in City services homes have been sold and demolished while others have been purchased by private business to protect the investment of this private business Homes that have been purchased by business and now rented will not see home maintenance and improvements that a homeowner would normally make The private and rushed manner in which this agreement was made with private business did not allow input from the property owners of this City proper evaluation by members of Common Council and appropriate City staff and to this date not all facts are known of the relationship of your decision to the construction of our new Red Head Road and expropriation of private property for pipeline s right of way 65 REPORT TO COMMON COUNCIL M C 2008 97 OPEN SESSION City of Saint John April 25 2008 His Worship Norm McFarlane and Members of Common Council Your Worship and Councillors SUBJECT Supply and Installation ofNew Lighting System for Shamrock Park Tennis Courts BACKGROUND As part ofthe 2008 Facility Management Capital budget funds were included for the replacement of existing lighting systems at Shamrock Park The existing system was commissioned some 25 years ago and is now due for replacement The existing lights are inadequate energy inefficient and the poles themselves have deteriorated to a point where they may fall A call for proposals for a new lighting system was issued recently and closed on Thursday April 24 2008 There were two respondents to the request for proposal RFP All respondents intend to provide the same technology and equipment Musco lighting This is the lighting equipment preferred by City staff Consultations were held with Leisure Services contractors Saint John Energy and representatives from Musco If installed this lighting system will be state of the art It will provide better service for the community and also attract national and provincial sporting events for Saint John These lights will provide considerably more illumination on all field surfaces and at the same time will reduce spillage on the neighbourhood and streets by as much as 50 These lights are more energy efficient and are warranted by the company for 25 years labour and parts Musco s warranty includes a provision that they will replace any and all lights should the lighting levels at any location in the field 66 M C 2008 97 2 April 25 2008 be diminished over the 25 year warranty period Musco will know this through electronic remote monitoring The poles have a concrete base and are of galvanized steel ranging from 40 to 50 feet high The lighting system is designed specifically to the requirements and lay out of the tennis courts Musco lighting company is recognized as a world class leader in sports lighting with lighting systems installed around the globe There were two respondents to the request for proposal All companies are capable to perform the work Staff are recommending acceptance ofthe low tender O Brien Electric Company Ltd The amount of the tender including the 25 year warranty is 204 000 00 plus HST Funds are available in the 2008 budget for this project RECOMMENDATION Your City Manager recommends that Council approve the submission of O Brien Electric Company Ltd for the supply and installation of the new lighting system for the Shamrock Park Tennis Courts in the amount of 204 000 00 plus HST Respectfully submitted t Wm Edwards P Eng Commissioner Buildings and Inspection Services Terrence Totten CA City Manager 67 M & C 2008 April 28, 2008 HIS WORSHIP MAYOR NORM McFARLANE AND MEMBERS OF COMMON COUNCIL YOUR WORSHIP AND COUNCILLORS: SUBJECT: PROVISION OF LIFEGUARD SERVICES - 2008 BACKGROUND: For the past number of years, the Canada Games Aquatic Centre (CGAC) has provided lifeguard supervision at City beaches. For the 2008 season, the CGAC has submitted a proposal for lifeguard supervision at four beaches: Dominion Park; Lakewood Reservoir; Fisher Lakes and Lily Lake. These are the same beaches at which the CGAC provided lifeguard supervision in 2007; whereas the City of Saint John financed lifeguard services at Dominion Park, Lakewood Reservoir and Fisher Lakes; and entered into an agreement with the Lily Lake Pavilion to finance 50% of the cost to provide lifeguard service at Lily Lake. The total cost to provide lifeguard service at all four beaches in 2008 is $92,099 plus $11,973 HST for a total of $104,072. ANALYSIS: The CGAC has proposed to supervise four beaches: Dominion Park, Lakewood Reservoir, Fisher Lakes and Lily Lake daily from June 21 to August 24, 2008. Attached is the proposal from the Canada Games Aquatic Centre for the upcoming 2008 season, as well as, a report on the activities of the 2007 season for Council’s information. The period of lifeguard supervision will be from 11:00 a.m. until 5:30 p.m. seven days a week at the four beaches. Notices will be posted at each beach to inform the patrons about the hours of supervision. As Council is aware, there was much effort made by a private group to restore the Lily Lake Pavilion for multiple usages and re-establish the lifeguard supervision service at Lily Lake. Common Council responded by entering into an agreement with the Lily Lake Pavilion Inc. whereby the City of Saint John would finance 50% of the cost to re-establish lifeguard services at Lily Lake for the 2007 season. For 2008, Lily Lake Pavilion Inc. has requested the City of Saint John to finance the full cost for lifeguard supervision at Lily Lake. 68 Attached for Councils information is the proposal from Canada Games Aquatic Centre and their report of activities for 2007. FINANCIAL ANALYSIS: The proposal presented by the Canada Games Aquatic Centre has a service fee of $92,099 plus HST to provide lifeguard services at the four city beaches. Presently, funds are provided in the 2008 Leisure Services Department budget to only operate the Lakewood Reservoir, Fisher Lakes and Dominion Park beaches. The Lily Lake beach will be an additional amount required which is not included in the 2008 Leisure Services Budget. Furthermore, as a result of an increase in lifeguard employee wages at the Aquatic Centre, the cost of the lifeguard supervision has increased $1,358 per beach in the CGAC 2008 lifeguard supervision proposal to that of 2007. Staff will require permission from Council to overspend the Leisure Services budget by $25,645 plus HST to provide lifeguard services at the four civic beaches listed. RECOMMENDATION: It is recommended that: 1. Common Council authorize staff to engage the Canada Games Aquatic Centre to provide lifeguard supervision at four City beaches in 2008, as outlined in the attached proposal at a cost of $92,099 plus HST, and that; 2. the City Solicitor be directed to prepare all necessary documents, and that; 3. the Mayor and Common Clerk be authorized to sign these documents. Respectfully submitted: Bernie Morrison Director of Leisure Services Terrence Totten, C.A. City Manager 69 2008 PROPOSAL CITY OF SAINT JOHN BEACHES The purpose of the lifeguard service is to provide safety supervision to the many citizens who attend City Beaches during the summer. Lifeguards will be on duty seven days a week from June 21 to August 24, 2008 from 11:00am to 5:30pm daily at Dominion Park, Fisher Lake, Lily Lake and Lakewood Reservoir. CANADA GAMES AQUATIC CENTRE RESPONSIBILITIES: The Aquatic Centre will select, train, supervise and employ all staff required to safely guard the beaches. Uniforms for the staff will be provided by the Aquatic Centre. The Aquatic Centre will be responsible for all safety and rescue equipment except for the lifeguard chairs and beach signage. CITY OF SAINT JOHN RESPONSIBILITIES: The Leisure Services Department of the City of Saint John will provide the following on site for opening day and will pick up on closing day: 1. lifeguard chairs 2. signage: beach hours, lifeguard on/off duty, beach rules 3. access to locked storage area for equipment 4. shelter and toilet facilities for lifeguards. It will be the responsibility of Leisure Services to arrange physical maintenance of the beaches including grass cutting, sand quality, etc. The City of Saint John will pay the Canada Games Aquatic Centre $92099.00 + $11973.00 (HST) = $104,072.00 for the provision of the services outlined above. 70 CITY OF SAINT JOHN 2007 BEACH REPORT Introduction Lifeguard service was provided at Lakewood Reservoir, Fisher Lake, Lily Lake and Dominion Park for 65 days (June 23 – Aug. 26). Stats at a Glance Beach # Days # Foul Weather Days Average Daily Attendance # Of Major / Minor Rescues # Of Major / Minor First Aids # Of P.R.s Water Temp High / Low Air Temp. High / Low Dominion 65 23 76 1/2 0/14 705 21/19 40/17 Fisher 65* 27 42 0/3 3/9 744 26/19 30/15 Lakewood 65 24 39 0/4 0/5 783 23/19 29/15 Lily Lake 65* 25 49 0/2 0/11 487 25/20 33/13 * Fisher was closed for 5 days at the beginning of the season and Lily was closed for the last 10 days. Dominion Park Dominion Park continues to be the most popular beach for day camps and other large groups. This is very challenging for the lifeguards as there will suddenly be 30-40 more children to watch. The following is a summary of the groups who used Dominion Park Beach: - Go Fundy Kayaking Tours: approx. 50-60 children often. - Boys and Girls Club: approx. 100 children every weekday. - Kick ‘n’ Kids Karate: approx. 20 children on sunny days. - Milford Community Centre: approx. 20 children most week days. - YMCA Day Camp: approx. 30 children often. - Other community centre day camps: approx. 25 children often. - City of Saint John Playgrounds Beach Party (Dominion Day): approx. 300 children July 13. 71 Fisher Lakes Fisher is still a popular beach for Saint John residents on sunny days. It is not unusual to see over 100 people on the beach. The following is a summary of the groups who visited Fisher Lakes: - CGAC Day Camp: 60 children, two days - CGAC Outdoor Adventure Camp: 10-15 campers daily for a week - KidsZone: 20 children - Carlton Community Centre: 10 children July 18 & Aug 22 - Latimore Lake Community Centre: 20 children Aug 14 - YMCA Day Camps: Approx. 30 children Tuesdays. - City camps: 20 children July 12, 20, Aug 8, 16 - Samuel de Champlain: 40 children July 24 - Rockwood Park: 10 children Aug 20-24 Lakewood Reservoir The following is a summary of the groups that visited Lakewood Reservoir: - Latimore Lake Camp: 22 campers July 18 - Cochran’s Daycare: 15 children June 25 - Canadian Parents For French: 11 children July 25, 8 children July 26 - Glen Falls/Loch Lomond: 21 children June 29, 12 children Aug 1 - Kids Zone: 36 children Aug 1 - Baptism: 33 people Aug 12 Lily Lake As expected, Lily Lake was a popular beach for individuals, families, and groups. The following is a summary of the groups that visited Lily Lake beach: - Greekfest: 500 people June 30 - Boys and Girls Club: 80-100 children throughout the summer - Kids Choice: 35 children Tuesdays & Thursdays throughout the summer - City of Saint John camps, YMCA camps, Tender Tots Day Care, KBM Camp, Tae Kwon Do Camp, Carlton Community Centre: visited on an irregular basis. Incidents The Dominion Park lifeguards treated a boy for possible spinal injury on August 23. He was transported to hospital by ambulance and later released. These lifeguards also had some public relations complaints at the beginning of the summer which were subsequently dealt with. 72 The lifeguards at Fisher Lake called 911 on July 11 for a 12 year old girl whose arm was hit with a rock. On July 22, a 12 year old girl visiting from Toronto jumped off a rock and severely cut two of her toes. The family refused the ambulance call and took the child to the hospital themselves. On August 12, the Lily Lake lifeguards treated a 12 year old girl suffering from heat exhaustion. On August 1, the lifeguards at Lily received complaints of a man inappropriately touching children in the water. The police were called and the man was subsequently charged as a sexual predator and was banned from going to Lily Lake or anywhere else where children congregate. On August 14 the same man was seen by the lifeguards at the beach. The police were called and the man was taken into custody. The police officers involved, as well as Carol Mazzerole, the Lily Lake Pavilion supervisor, commented that the lifeguards handled the situation appropriately and should handle any future incidents in the same manner. Keeping Lakewood Reservoir beach area clean continues to be a problem. The lifeguards pick up goose feces off the beach daily and deposit it in the trash cans, but the cans are often overflowing. Also, the portable toilet is often overturned on the weekends. The Beach Captain called the portable toilet company to ask for clean-up but was told she is not authorized to make that call. The Lakewood lifeguards also have to clean up garbage, bottles and bonfires after Friday and Saturday night beach parties. Fisher Lake was closed for swimming from June 23 to June 27 after vandals dumped the portable toilet in the swimming area. Lily Lake was closed August 17 to August 26 by the Department of Health and Wellness as a public health precautionary measure. Recommendations If the Leisure Services Department would have the lifeguard chairs painted and ready for set up and provide each beach with a couple of good spades, the lifeguards should install the chairs themselves. They are the best ones to judge where they need to be and how deep to put them in the sand. The new signs (ie. beach rules) at Lily Lake and Lakewood need to be affixed to something more permanent. Currently they tend to blow over in the wind or people knock them over. Next year, if the portable toilets at Lakewood are not usable because it has not been emptied or it has been tipped over, I am recommending the beach be closed. The lifeguards cannot be expected to work a seven hour shift without toilet facilities. 73 REPORT TO COMMON COUNCIL M & C – 2008-103 25 April 2008 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Auctioneering Services BACKGROUND: In May 2007, Council adopted a staff recommendation that would see a significant change in the way the City disposed of surplus fleet assets. In accordance with the recommendations of the report, the historical practice of calling for competitive bids for the engagement of auctioneering service for the disposal of all surplus assets, at locations provided by the City was to be changed. On a go forward basis staff has been authorized to separate the disposal of surplus vehicles and equipment from other lesser valued items such as bicycles, office equipment and miscellaneous supplies. In addition staff recommended, after investigation and a pilot project, that surplus vehicles and equipment be relocated and disposed of at the auctioneer’s place of business. This was found to be more efficient, more cost effective and more profitable, to the City’s approach to asset disposal. In keeping with this approach, staff called for proposals for the engagement of auctioneering services for the disposal of vehicles and equipment surplus to the City of Saint John. The term of this engagement is intended to be 36 months, with staff reserving the right, after careful reviews, to extend the agreement for 2 additional 12 month engagements for a possible total term of 60 months. 74 Page Two ANALYSIS: Two vendors chose to respond to the City’s request for bids by submitting proposals. They were Burden Auctioneers and Jardine Auctioneers, both of Fredericton. Staff from Materials and Fleet Management have evaluated both bids in accordance with the criteria contained in the proposal call and have found that the offer submitted by Jardine Auctioneers met and in many cases exceeded expectations. While both of these firms have provided surplus disposal services through public auctions to the City in the past, and while staff are satisfied with the efforts of both, for the purposes of this new approach to fleet disposal we have found Jardine, based on our experiences in 2007 and again with their written bid submission, to be the most experienced and knowledgeable. In addition to this experience we have found that when Jardine Auctioneers couples the disposal of surplus City vehicles with their auctions for the Government of Canada that the City’s revenues from increased competition exceed, for the most part, our anticipated residual amounts. FINANCIAL IMPLICATIONS: While the sale of surplus is a revenue generator for the City of Saint John, and therefore there are no cost implications to the City, auctioneers also generate their revenues from a percentage of the total revenues. In the case of Burden Auctioneers, they bid a 6.99 percent of total revenue fee while Jardine offered to dispose of our surplus vehicles and equipment for a fee of only 5 percent of total revenues. Given their experience and volumes with the Government of Canada sales and given their overall approach to the provision of this service, staff believes the City will benefit the most from the Jardine proposal. It is estimated annually that revenue from the sale of surplus vehicles and equipment, depending on the mix, will be in the area of $150,000.00 to $200,000.00. This amount is reinvested in the Fleet Replacement Program as a part of the annual budget presentation. 75 Page Three RECOMMENDATION: It is recommended that the proposal submitted by Jardine Auctioneers for the provision of surplus vehicle and equipment disposal by means of advertised public auctions, to be held at their place of business, for a period of 36 months with 2 options for 12 month extensions, pending successful review by staff, be accepted based on a fee quote of 5% percent of total revenues. Respectfully submitted, _____________________ David J. Logan Purchasing Agent _____________________ T.L. Totten, FCA City Manager 76 R E P O R T T O C O M M O N C O U N C I L April 17, 2008 M&C #2008- His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: CLOVER VALLEY ROAD Clover Valley Road is a municipal road running off to the right of Loch Lomond Road out beyond the Airport. That portion of the road owned by the City of Saint John is void of any residential or commercial properties, hence there is no tax revenue accruing to the City. Having said this, a number of residences are located at the far end of the road, outside of the City of Saint John. Each and every year, particularly in the spring, the City of Saint John receives a number of complaints from these residents with respect to the deplorable conditions of that portion of the city road which is the responsibility of the City of Saint John. Recently, the City Manager was presented with an offer or request by Stuart Jamieson, MLA, in this particular riding. The request was essentially that the Province will invest approximately $83,200.00 to reseal approximately 2.4 km of Clover Valley Road belonging to the Province. In addition, the Province is prepared to invest a further $114,000 (50% of the total estimated cost of $228,000) to fix up that portion of the road lying within the City of Saint John, provided that the City of Saint John matches the provincial investment of $114,000. The work would be carried out by Provincial forces and include ditching, road hammer work, piping and culverts, pulverizing, and a double coat of asphalt. Staff has reviewed the request and would acknowledge that Clover Valley road is nowhere near the top of any municipal list of priorities. Having said this, staff is supporting this investment on the basis that the Province of New Brunswick agrees to assume responsibility for ongoing maintenance of Clover Valley Road. 77 Report to Common Council Page 2 Subject: Clover Valley Road FINANCIAL IMPLICATIONS: It is proposed that this investment be charged against the “Unspecified Capital Budget Line” which was established to allow Council the flexibility to make investments that would result in levering additional funds from the other levels of Government. RECOMMENDATION: That Common Council advise the Department of Transportation of the Province of New Brunswick that the City is prepared to contribute $114,000 to the upgrading of Clover Valley Road on the basis that the City’s investment is matched by the Province and that the Province assumes responsibility for the ongoing maintenance of the entire road. Respectfully Submitted, Terrence L. Totten, FCA CITY MANAGER 78 REPORT TO COMMON COUNCIL M & C – 2008-100 25 April 2008 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Green Fleet Vehicles BACKGROUND: At its regularly scheduled meeting of Monday March 31st and Tuesday April 1st, council adopted the following resolution; “Direct Staff to implement a “green vehicle” component to the City of Saint John’s fleet program.” During discussions surrounding the presentation of this item, staff from Materials and Fleet Management welcomed the initiative which if and when adopted would bring more formality and attention to staff’s present philosophy for green fleet initiatives. Following that meeting, the Commissioner of Municipal Operations, who is himself a strong supporter of environmental initiatives, requested that Fleet Administration staff look at the remaining fleet replacement budget for 2008 in order to see if there might be any opportunities to increase the number of fuel efficient vehicles to be purchased. He indicated that Municipal Operations would be willing to sacrifice a number of larger, less fuel efficient vehicles in consideration for replacing them with “Smart Cars”. Given recent and predicted long term increases in the cost of fuel, staff from Fleet were more than receptive to this initiative and immediately looked at opportunities to improve efficiency while reducing emissions. 79 Page Two ANALYSIS: While the list of vehicles and equipment for replacement and the subsequent supporting budget for 2008 has already been committed, staff pursued other possible options and found what we believe to be an opportunity to meet the challenge from the Commissioner without exceeding the budget. The original plan for 2008 identified that a number of intermediate size sedans had reached the end of their Life Cycle and should be replaced, however given there are limited funds available and priorities dictated the final equipment list, it was determined that the City’s focus in 2008 had to be on construction and heavy equipment as opposed to cars and light trucks. These therefore had to be rescheduled for replacement in 2009. Staff of Fleet Administration has revisited the budget and have identified savings as a result of some opportunities that the City was able to capitalize on. As a result there are sufficient funds available in the budget forecast to cover the cost to bring forward the replacement of 4 of the vehicles rescheduled for 2009. These include two 2000 model year Ford Taurus Sedans, one 2001 model year Ford Taurus Sedan and one 2001 Dodge 2 wheel drive ½ truck. The Smart Car dealer, Tri Star Fine Cars, Saint John, has offered to sell to the City of Saint John, 4 Smart Cars equal in specifications and standards to the one previously purchased during the Phase I Fleet Replacement process, for a cost of $17,685.00/each plus tax. FINANCIAL IMPLICATION: Since staff and Council both agree that it is important to consider fuel efficiency and environmental impacts when purchasing replacement vehicles and since an opportunity has presented itself to the City to move more rapidly than anticipated, after Council’s adoption the above named resolution to green the fleet, staff would be remiss if we did not make every effort to embrace this opportunity. This is not a planned expenditure, however upon review of the budget estimates for fleet replacement for 2008 and the actual amounts spent and/or still committed, there remains within the estimated amount sufficient funds to cover the cost to purchase 4 Smart Cars at a cost of $17,685.00/each, plus tax. 80 Page Three RECOMMENDATION: It is recommended that the proposal submitted by TriStar Mercedes Benz for the supply of 4 only 2008 Smart Cars at a cost of $17,685.00/each, plus tax be accepted. Respectfully submitted, _____________________ David J. Logan Purchasing Agent _____________________ T.L. Totten, FCA City Manager 81 REPORT TO COMMON COUNCIL M & C – 2008-130 25 April 2008 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Ball Field Backstops BACKGROUND: Tenders closed on Wednesday April 23, 2008 for the removal of the old ball field backstops and the supply and installation of new ones at a number of locations. Ball fields included on the list for this project were; Forest Hills #3 Forest Hills #4 Barrack Green Jack Kyle Memorial Field Memorial Field (west) ANALYSIS: Two companies responded by submitting bids. They were; Fundy Fencing Ltd. $53,000.00 Saint John Eastern Fence td. $64,300.00 Moncton Staffs of Leisure Services and Materials Management have reviewed the tenders and have found them to be complete in every regard. 82 Page Two FINANCIAL IMPLICATIONS: The total cost to remove existing backstops from he identified ball fields and to replace them with new ones, will be, if awarded to the lowest bidder, $53,000.00 plus tax. This is a planned project which is a part of the on going ball field maintenance and upgrade program and as such funds are included in the 2008 Capital Budget to cover this cost. RECOMMENDATION: It is recommended that the tender submitted by Fundy Fencing Ltd, in the amount of $53,000.00 plus tax, for the removal of the old ball field backstops identified in the tender call, and this report, and for the supply and installation of new ball field backstops at the identified locations, be accepted. Respectfully submitted, _____________________ David J. Logan Purchasing Agent _____________________ T.L. Totten, FCA City Manager 83 REPORT TO COMMON COUNCIL M & C – 2008-129 25 April 2008 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Mobile Generator with Trailer BACKGROUND: Tenders closed on Wednesday April 23, 2008 for the supply of a new trailer mounted tow behind mobile generator for use by Saint John Water for infrastructure maintenance projects. ANALYSIS: Four suppliers of this type of equipment opted to participate in this tender process by submitting bids. As is sometimes the case, after this tender was called it was determined by staff that the specification was incomplete and that this information had to be communicated to potential bidders as there would be a cost implication associated with the additional requirements. The accepted standard for this type of communication is an “Addendum” to the tender. There are very strict requirements on behalf of the buyer and the seller as they relate to the acceptable process for an addendum. One of the requirements is that the bidder must include a signed copy of the addendum notification in their tender submission. This provides acknowledgement to the buyer that the bidder is aware of the required changes and that the tender reflects any and all implications of the change. Should the bidder fail to meet this requirement, the City’s tender policy requires that the tender be deem incomplete and rejected at the public opening. 84 Page Two ANALYSIS….Cont’d; One bidder, United Rentals Ltd., failed to meet this requirement and as a result their bid had to be rejected at the opening and as such has been removed for further consideration. A staff has completed a review of the other tenders received and have included a summary of the bids for Council’s information and consideration. FINANCIAL IMPLICATIONS: If awarded to the lowest bidder to meet the requirements of the tender, the total cost of a new trailer mounted tow behind mobile generator will be $54,995.00 plus tax. This is a planned expenditure and as such funds were included in the Saint John Water Capital Budget. RECOMMENDATION: It is recommended that the tender submitted by Hewitt Rentals Ltd., in the amount of $54,995.00 plus tax, for the supply of one only Wacker Model G120 trailer mounted tow behind mobile generator be accepted. Respectfully submitted, _____________________ David J. Logan Purchasing Agent _____________________ T.L. Totten, FCA City Manager 85 City of Saint John Tender 2008- 611501T Mobile Generator with Trailer Tender Opening: 2:30 P.M., Wednesday, April 23, 2008 2nd Floor Boardroom, 175 Rothesay Avenue Description A-Z RENTALS SANSOM EQUIP HEWITT RENTALS Tender Price MQ Power DCA150USJ $69,708.00 Kohler 125RE02JD $68,500.00 Wacker G120 $54,995.00 * Delivery 10 Weeks 9 Weeks 6-8 Weeks * Indicates Recommendation 86 M & C – 2008-95 April 25, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Commissioner of Planning and Development and Municipal Planning Director BACKGROUND: The Community Planning Act authorizes in Section 16(1) that a Council may appoint a “Municipal Planning Director”. With this designation the appointed individual also becomes the Development Officer. Development Officer approval is required by legislation for: · Endorsement of Building Permits · Tentative subdivision approval · Final subdivision approval · A number of deed exemptions · Approval of other documents for registration On a day to day basis these approvals are provided by the Planning and Development staff who have received authority to provide such approvals by virtue of the delegated authority provided in Section 81(6) of the Act. Jim Baird has been the Municipal Planning Director and Development Officer since May 29, 1995. His last day as an employee of the City of Saint John will be May 28, 2008. In order to ensure that there is a continuity of approval authority Council should appoint Ken Forrest as the Municipal Planning Director effective May 29, 2008. Mr. Forrest will be beginning his employment with the City on May 12, 2008 which will provide for a short period of transition. 87 Report to Common Council Page 2 April 25, 2008 These recommendations have been reviewed with both the City Solicitor and the Director of Human Resources. RECOMMENDATION: Mr. Ken Forrest be appointed as the Municipal Planning Director pursuant to Section 16(1) of the Community Planning Act effective May 29, 2008. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager JRB/mmf 88 REPORT TO COMMON COUNCIL April 28 2008 City of Saint John His Worship Mayor Norman McFarlane And Members of Common Council Your Worship and Councillors RE Establishment Change BACKGROUND The position ofDirector Information Systems Support wasrecently vacated as a result ofa staff person moving to a new position with the Saint John Police Force As a result ofthis move and a realignment ofresponsibilities including some functions having been transferred to the Police Department it has been determined that the administration can function in an appropriate manner for the foreseeable future without this position The purpose of this report is to recommend the elimination ofthis position and the addition ofa new position in the Programs Priorities area Vision 2015 to support the on going efforts to implement the recommendations from the City s Operational Review ANALYSIS For the past two years the City has been completing detailed work associated with a number ofkey aspects ofdeveloping a long term planning framework for the City s services as recommended by the Operational Review Significant accomplishments to date include 1 Coordination and support for an extensive community consultation that resulted in development ofa long term vision for the City and a set of20 year goals 2 Development of an integrated planning framework to guide the process of turning the Community Vision into Action 89 3 A detailed refinement ofthe Service Profiles developed as part ofthe Operational Review as well as inclusion of services delivered by the City s Agencies Boards and Commissions 4 Research and support for the development ofa new governance structure for the City 5 Support and coordination for a detailed audit ofthe City s Communication efforts and 6 Preparation of an information booklet distributed to all City residents and businesses Work has now begun on development ofa Corporate Strategic Plan that will provide guidance to the City s administrative functions in support ofCommon Council s priorities and the Community s outcomes The Corporate Plan is to be completed byOctober31ofthisyearInadditionDepartmentsarenowexpandingtheServiceProfiles to identify key programs associated with each service and clearly articulate the measures that are used to demonstrate effectiveness and efficiency This will result in a comprehensive performance management system that is scheduled to be completed by December 31 ofthis year To provide leadership guidance and support for these significant initiatives it is recommended that a new position be added to the establishment ofpermanent positions Manager Corporate Planning An individual seconded from the Municipal Operations Department Stephanie Rackley Roach has been providing this support and direction for the past two years With the work that has been done to date it is now clear that this support will be needed on an on going basis This position would work in conjunction with the Manager Programs Priorities Kim Graham whose efforts are directed towards the City s Integrated Community Sustainability Plan and policy support for the Council and city administration FINANCIAL IMPLICATIONS The money for this position is included in the current Vision 2015 operating budget With the elimination ofthe Director ofInformation Systems Support position the net savings to the annual budget is approximately 70 000 90 RECOMMENDATION That Common Council approve the following amendments to the Establishment of Permanent positions for the City 1 That the position ofDirector Information Systems Support Group 7 be eliminated and 2 That the position ofManager Corporate Planning Group 6 be added Respectfully submitted AnlB Deputy City Manager Programs Priorities jl 1 ILUCI Terry L Totten F C A City Manager 91 REPORT TO COMMON COUNCIL 51 1 His Worship Mayor Norm McFarlane and Members ofCommon Council April 8 2008 City of Saint John y our Worship and Councillors Re Operating License Jet Boat Tours Attached is a renewal of the operating license for the Jet Boat operation at Falls View Park The Jet Boat has proven to be a key tourist attraction at the Falls for 13 years Under this license the seasonal rental increases from 750 to 1 500 and it allows for the operator to provide bicycle rentals The agreement also calls for the City and the operator to negotiate an agreement for the use of their equipment during on water emergencies The other terms ofthe license remain essentially unchanged There is an outstanding issue with uncontrolled access to the site by peddlers and hawkers during cruise ship visits The current situation is unsightly and reflects poorly on the City Staff will be working with the City Solicitor and Building Inspector to develop a solution to this matter Motion That Common Council approve the attached license between the City of Saint John and Hargo Jet Boat Tours Inc Excursions Nautiques Hargo Inc for the term May 1 S 2008 to April 30 2009 and that the Mayor and Common Clerk be authorized to sign the license L Terrence L Totten FCA City Manager 92 THIS LICENSE made in duplicate this day of May A D 2008 BY AND BETWEEN THE CITY OF SAINT JOHN a body corporate by Royal Charter in the County of Saint John and Province of New Brunswick hereinafter called the Licensor OF THE OTHER PART and HARGO JET BOAT TOUR INC I EXCURSIONS NAUTIQUES HARGO INC a company duly incorporated under the laws of the Province of Quebec having its head office at the City of Montreal hereinafter called the Licensee OF THE OTHER PART WHEREAS the Licensor is the owner of the lands shown on Schedule A annexed hereto and forming a part hereof and WHEREAS the Licensor has agreed to grant the within License upon the terms and conditions hereinafter set out NOW THEREFORE THIS INDENTURE WITNESSETH that for and in consideration of the sum of One Dollar 1 00 lawful money of Canada and other good and valuable consideration the receipt whereof is hereby acknowledged the Licensor does hereby grant subject to the terms conditions covenants and provisions herein contained permission and license to the Licensee its servants agents employees contractors and invitees to enter into and upon and exit from the lands shown outlined in red on Schedule A for the purpose of constructing erecting pertaining and maintaining a boat tour food stand facility and bike rental facility as well as undertaking any activities approved by the Licensor necessarily incidental thereto from and including the 18t day of May 2008 to and including the 308t day of April 2009 during the term of this License The term of this License shall commence on the 18t day of May 2008 and conclude at 11 59 p m local time on the 30th day of April 2009 provided however that this License may be terminated forthwith by the Licensor or Licensee on 90 days written notice during the term of this License In the event of such Notice of Termination being given as aforesaid this License shall be terminated at 11 59 p m on the date specified in said notice THE LICENSEE HEREBY COVENANTS AND AGREED WITH THE LICENSOR AS FOLLOWS 1 That it shall pay to the Licensor during the term of this License an annual fee of 1 500 00 One Thousand Five Hundred Dollars and HST or any tax in lieu thereof The 1 500 00 and HST or any tax in lieu thereof plus HST shall be tendered to the Licensor as follows 750 00 plus HST not later than May 18t 2008 and 750 00 plus HST not later than August 18t 2008 93 2 2 That the Licensee shall not have any claim against the Licensor for loss or damage of any nature kind or description whatsoever arising from the exercise or purported exercise of the License herein granted unless such loss or damage is due to the negligence of the Licensor or its employees servants or agents 3 a That the Licensee shall at its sole cost obtain and keep in force during the term of this License comprehensive general liability insurance for bodily injury and property damage which coverage shall have an inclusive limit of not less than Two Million Dollars 2 000 000 00 and shall include the following i The Lessor added as an Additional Insured ii A Cross Liability Clause and iii Contractual Liability with regard to this License b That it shall provide a Certificate of Insurance to the Licensor at the time of the execution of this License evidencing the insurance coverage described in a herein and providing that the coverage shall not be altered or cancelled without the insurers giving 30 days notice in writing to the Licensor prior to any such alteration or cancellation c That in the event the Licensor received notice from the insurer that it intends to cancel or alter the said insurance coverage or in the event the Licensee fails to provide proof of insurance the Licensor may arrange for the continuation or purchase of such coverage described in a hereof and add the cost of such coverage to the fee required to be paid by the Licensee pursuant to Clause 1 hereof 4 That notwithstanding Clause 3 hereof it does hereby indemnify and save harmless the Licensor from all damages claims demands actions suits or other proceedings by whomsoever made brought or prosecuted in any manner and whether in respect of property owned by others or in respect of damage sustained by others based upon or arising out of or in connection with this License or anything done or purported to be done in any manner hereunder 5 The Licensee shall 14 days after the termination of this License at its own expense remove from the lands any and all property constructed erected made brought or placed upon the said lands by the Licensee and shall restore the lands to as good condition as prevailed immediately prior to the commencement of the term hereof and in the event of the failure of the Licensee to do so with reasonable expedition the Licensor shall be become the sole owner of any property constructed erected made brought or placed upon the said lands by the Licensee and the Licensee shall not by reason of any action taken or things required under this paragraph be entitled to any compensation reimbursement to indemnity whatsoever 6 Notwithstanding the expiration or the termination of this License for any cause the obligations of the Licensee set forth in Clause 5 of this Licence shall survive any such expiration or termination and shall remain in force until discharged 7 The Licensee shall pay promptly all charges taxes rates and assessments of whatsoever description which during the term of this Licence 94 3 shall be chargeable upon or become payable in respect to the operation of the Licensee or its occupation of the lands 8 The Licensee shall at all time and at its own expense keep the lands free from all garbage and debris related to the operation of the boat tour and food stand facility 9 The Licensee shall at all times during the term hereof maintain the lands in a condition compatible with the natural state of Fallsview Park 10 The Licensee shall in the interest of safety maintain all buildings or storage containers on the lands at all times secure from unauthorized use and occupation 11 The Licensee shall at all times not obstruct or permit the obstruction of walkways in any manner 12 In the event any landscaping on adjacent Licensor owned property is disturbed during the construction or erection of the said tour boat facilities the Licensee shall at its own cost immediately restore the said landscaping to the condition in which it existed prior to such disturbance 13 The Licensee shall construct erect and maintain every structure upon the said lands in accordance with the plan submitted to the Commissioner of Planning and Development and the location and design of buildings structures signs stairs and all improvements the Licensee wishes to make shall be subject to the approval by the Commissioner of Planning and Development THE LICENSOR FOR ITS PART COVENANTS AND AGREES WITH THE LICENSEE AS FOLLOWS 14 The Licensor hereby grants to the Licensee its servants agents employees and contractors permission and licence to erect use and maintain poles guys anchors and lines for telephone and electrical power transmission in and over the lands of the Licensor 15 The Licensor hereby grants to the Licensee its servants agents employees and contractors permission and Licence to enter into and upon the lands identified on the submitted plan for the purpose of gaining access to and egress from the lands and further it grants permission and licence to the Licensee its servants agents employees contractors and invitees in common with all other persons lawfully using the Fallsview Park Area to use the Parking Lot and access road in connection with the exercise of this License 16 The Licensor hereby grants to the Licensee the right to sell souvenirs related to the boat tour offer bike rentals sell snack foods including ice cream and non alcoholic beverages within the licensed area 17 The Licensor may permit other uses within Fallsview Park save and except uses which offer boat tours of the Reversing Falls Rapids and bike rentals 18 If the Licence fee hereby reserved or any part thereof or any other sums or charges payable hereunder or any part thereof shall be in arrears for 30 days whether or not the same shall have been in any manner demanded or in the event of a breach or non performance by the Licensee of any of the other terms or conditions in this licence contained which on the 95 4 part of the Licensee ought to be observed or performed then and in every such case it shall be lawful for the Licensor by notice in writing to terminate this Licence and no acceptance of any License fees subsequent to any breach or non performance or any condoning excusing or overlooking by the Licensor on previous occasions of breaches or non performance similar to that for which this Licence shall be terminated shall be taken as a waiver of these conditions or any way defeat or affect the rights of the Licensors hereunder 19 There shall be no assignment by the Licensee of this License or any rights granted herein without the written consent of the Licensor 20 The Licensee is permitted to expand its building and operations within the area of the licence provided that a no building or site improvement work commences until a site development plan including architectural renderings of the proposed building and site expansion are presented to and approved by the Commissioner of Planning and Development b the proposed building and site expansion together with the existing building s comply with all Municipal by laws rules and regulations and c the proposed building and site expansion do not adversely effect the future extension of Harbour Passage Trail on and along Fallsview Park 21 A service protocol for the joint coordination and use of the jet boat equipment during emergency responses will be negotiated between the City of Saint John and the Licensee and 22 The Mayor and Common Clerk be authorized to sIgn the licence agreement IN WITNESS WHEREOF the parties hereto have set their corporate seals duly attested by the signature of their properly authorized officers respectively the day and year first above written SIGNED SEALED AND DELIVERED THE CITY OF SAINT JOHN in the presence of Mayor Common Clerk Common Council Resolution April 2008 HARGO JET BOAT TOUR INC I EXCURSIONS NAUTIQUES HARGO INC Janine Harris President General Manager PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN 96 5 I ELIZABETH GORMLEY of the City of Saint John in the County of Saint John and Province of New Brunswick make oath and say 1 That I am the Common Clerk of the City of Saint John and have custody of the Common Seal hereof 2 The seal to the aforegoing instrument affIxed is the Common Seal of the said The City of Saint John and that it was so affixed by Order of the Common Council of the said City 3 That the signature Norman McFarlane to the said instrument is the signature of Norman McFarlane Mayor of the said City and the signature Norman McFarlane thereto is my own signature 4 That we are the proper offIcers to sign the aforegoing instrument on behalf of the City of Saint John SWORN TO at the City of Saint John in the County of Saint John in the Province of New Brunswick this day of 2008 BEFORE ME A Commissioner of Oaths Being a Solicitor John Nugent Esq PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN 97 6 I Janine Harris of the City of Saint John In the Province of New Brunswick make oath and say 1 That I am the President of Hargo Jet Boat Tour Inc jExcursions Nautiques Hargo Inc the Licensee named in the within Indenture and have knowledge of the matters and things hereafter deposed to 2 That the seal affixed to the said Indenture purporting to be the Corporate Seal of Hargo Jet Boat Tour Inc jExcursions Nautiques Hargo Inc is the corporate seal of the said Company and was affixed by Order of the said Company 3 That the signature Janine Harris to the said Indenture is the signature of Janine Harris President of the said Hargo Jet Boat Tour Inc jExcursions Nautiques Hargo Inc and the signature of Janine Harris thereto is my own signature 4 That I am duly authorized to sign the said Indenture on behalf of Hargo Jet Boat Tour Inc jExcursions Nautiques Hargo Inc 5 That the said Indenture was signed sealed executed and delivered by the said Excursions Nautiques Hargo Inc to and for the uses intents and purposes therein expressed and contained J anine Harris 98 co o oN o LL caCCD CDC sc c CD CD U c c CD UJ J Io c ca Q al zCO D c c 0 0 J oJme co co LLen en I Z rn 0 0m e CDu J fa oJ E J99 M & C 2008 - 120 April 23, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council, SUBJECT: Gas Tax Funding (GTF) Agreement - Program Adjustment BACKGROUND At the April 17, 2007 meeting of Common Council, Council adopted the proposal for the 5-Year Capital Investment Plan - Gas Tax Funding Agreement in the total amount of $14,194,908 for projects within the time period of 2005 to 2009. The proposed program was also accepted by the Province of New Brunswick for funding under the program. Work completed to date under the original GTF Program includes the construction of Retail Drive ($3,440,434.22 – representing the City’s investment into this project to date), the first phases of the watermain cleaning and lining projects ($425,870.35), the reconstruction of Ashburn Lake Road between N.B. Highway Route #1 and Rothesay Avenue ($951,661.43) and the ongoing project at the Latimer Lake Screen House ($860,000). This work was all as proposed in the original GTF Program approved on April 17, 2007. There have been some funding revisions within the completed projects, however, the total for all work to be completed under the program remains the same and within the original approved program amount of $14,194,908. ANALYSIS The program approved by Council in April of 2007 included a project in 2008 for the renewal of a section of deteriorated 600mm transmission main between Old Champlain Drive and Westmorland Road in the amount of $2,840,000. This project will not be constructed in 2008 as staff continues to review the scope of work within this project as it relates to the overall 100 M & C 2008 – 120 April 23, 2008 Page 2 operation of the future water transmission system. To that end, design work for this project has not yet been awarded to an engineering consultant. After confirmation of the scope of work for this project, it will be proposed in a future years Water and Sewer Utility Capital Program for approval by Common Council. It is now proposed this project be replaced with additional phases of the watermain cleaning and lining projects totaling $2,838,982 within the GTF program for the 2008 construction season. Watermain cleaning and lining projects were approved within the 2008 Water & Sewer Utility Capital Program in the amount of $2,300,000. With the transfer of these projects to the GTF program, these funds would now be available within the 2008 Water and Sewer Capital Program to fund other projects. It is also proposed that staff report back to Council in the near future with recommendations to utilize the $2,300,000 approved for watermain cleaning and lining projects within the 2008 Water and Sewer Utility Capital Program. A copy of the revised Gas Tax Funding Program proposal is attached for Council’s review. Upon approval of the revised Gas Tax Funding Program, staff will submit it to the Provincial Department of Local Government for approval. Staff has discussed the project proposal with staff at the Province and they concur that the watermain cleaning and lining projects would be considered an acceptable replacement for the 2008 construction season. FINANCIAL IMPLICATIONS The total expenditure within the Gas Tax Funding Agreement will remain the same as originally approved in April 2007 at $14,194,908. Staff will report back to Council in the near future with recommendations for projects to utilize the $2,300,000 approved within the 2008 Water and Sewer Utility Capital Program. The Water and Sewer Utility Capital Program budget envelope will remain unchanged for 2008 after new project recommendations are proposed. RECOMMENDATION It is recommended that Common Council approve the revised 5-Year Capital Investment Plan for the GTF Agreement as attached and further that staff be directed to submit the revised plan to the Province of New Brunswick for final approval under the Gas Tax Agreement. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering 101 102 M&C 2008-119 April 24, 2008 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council: SUBJECT Contract No. 2007-44: Ashburn Lake Road – Road Reconstruction PURPOSE The purpose of this report is to update Council on the status of the 2007 Ashburn lake Road Reconstruction project and the additional costs incurred. BACKGROUND The approved 5-year Capital Investment Plan, Gas Tax Funding (GTF) Agreement included funding for the reconstruction of Ashburn Lake Road between Rothesay Avenue and Route #1. Common Council, at its meeting of September 24, 2007, awarded Contract 2007-44 (M&C 2007- 314) to Debly Enterprises Ltd. at a tender amount of $519,216.00. Under this contract the work consisted generally of the supply of all necessary labour, materials and equipment for the following work: 1. Reconstruction of Ashburn Lake Road between the Marsh Creek Bridge and the new Route #1 / Ashburn Lake Road exit ramp (constructed by NBDOT) including storm sewer installation. 2. Upgrading of the existing Ashburn Lake Road between Rothesay Avenue and the Marsh Creek Bridge. ANALYSIS The majority of the work under Contract 2007-44 has been completed. The final quantities and summary of change orders for the project have been finalized with the exception of asphalt seal placement between the Marsh Creek Bridge and the tie in point with the new exit ramp. The 103 M&C 2008-119 Contract 2007-44 Ashburn Lake Road – Road Reconstruction April 24, 2008 Page 2 majority of the quantities and change orders have been agreed upon between the City and the Contractor. Council was previously updated (M&C 2007-356) in October 2007 on the issue of contaminated soils encountered during construction that would require treatment and disposal at an additional cost to the contract in the amount of approximately $240,000. The additional costs on the project thus far have been compiled into four categories as follows: 1. Change Orders associated with the removal and remediation of contaminated material $236,791.27 2. Change Orders associated extra asphalt (handwork) $20,855.76 3. Change Orders associated with raising buried manholes and valve chambers, landscaping, retaining walls and rock placement. $21,952.27 4. Variation in quantities $31,583.86 Total Change Orders: Minus: contingency Allowance: Net Additional Cost: $311,183.16 -$40,000.00 $271,183.16 COST SUMMARY Original Contract Value: $519,216.00 Minus: Contingency Allowance: -$40,000.00 Value of Original Estimated Work: $479,216.00 Summary of Change Orders: +$311,183.16 Work top be completed in 2008 +46,000.00 Estimated Final Contract Value: $ 836,399.16 The estimated final construction cost of the project based on change orders to date and asphalt seal work to be completed in 2008 is $836,399.16. The difference between the final contract value and the original tendered price is $317,183.16 ($836,399.16 - $519,216.00). The approved General Fund Capital Program budget for the project is $955,965.75 under the Gas Tax Funding Agreement. The anticipated final net cost of this project including the construction costs, engineering services and after considering the City’s eligible HST rebate is $1,045,636.94 resulting in a negative variance of $89,671.19 in the General Fund Capital Program. There is adequate funding to cover this budget shortfall within the overall General Fund Capital Program envelope. 104 M&C 2008-119 Contract 2007-44 Ashburn Lake Road – Road Reconstruction April 24, 2008 Page 3 RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 105 M & C 2008 - 99 April 22, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: ENGINEERING SERVICES – ASPHALT CONCRETE, PORTLAND CEMENT CONCRETE AND SOILS TESTING AND INSPECTION FOR 2008 BACKGROUND Proposals were called by Municipal Operations and Engineering for engineering inspection and testing services during the 2008 construction season for: Ø Asphalt concrete mix and placement; Ø Portland cement concrete; Ø Soils compaction. In each of these three areas there are significantly different services required in providing for inspection and testing. Asphalt concrete requires a number of tests on both its physical and chemical properties. Portland cement concrete requires a number of field tests as well as a physical stress test for which the City does not possess the equipment. Soils compaction testing involves both field and laboratory evaluation for base/subbase aggregate for road construction, retaining wall construction and other projects. PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for asphalt concrete, Portland cement concrete and soils testing and inspection for 2008 on various projects approved under the Operating Program, General Fund and Utility Fund Capital Programs. ANALYSIS With a comprehensive and very detailed terms of reference document developed by staff, a public call for proposals was made for consulting engineering services. Submissions were received from three consulting engineering companies. In conjunction with the comprehensive review of its General Specifications for construction contracts and with the assistance of expert technical advice, the City of Saint John has developed 106 M & C 2008-99 April 22, 2008 Page 2 updated and enhanced specifications for hot-mix asphalt concrete for roadway systems, including standards for quality assurance. These higher standards have been incorporated into the terms of reference for this call for proposals. A Review Committee of staff was selected to complete an analysis of all aspects of the submissions: ¨ Brian Keenan, P.Eng. Engineering Manager, Municipal Engineering ¨ James D. Flogeras, P.Eng. Municipal Engineer ¨ Rodney Mahaney, C.E.T. Engineering Technologist ¨ Cindy Calvin, C.P.P.B. Assistant Purchasing Agent Each member completed an independent review of the submissions, and a joint discussion was held to develop the final ranking of submissions. The Review Committee came to a unanimous conclusion on their recommendation, which follows later in the report. The evaluation process uses the expertise of a variety of staff from Purchasing, Operations and Engineering to ensure a thorough review of the various submissions. The work contemplated is very significant, vital to the overall Transportation system and with a high consequence of error. Care must be taken to ensure that the necessary level of effort and expertise is being directed to the various tasks involved in the work, while still ensuring that costs to be incurred are appropriate and controllable. It is for these reasons that cost, although very important, cannot be the sole nor most critical deciding factor in making the selection of a consulting engineering firm. Proposals were received from the following three firms: ® Gemtec, Saint John, N.B. ® Conquest Engineering, Saint John, N.B. ® Jacques Whitford Limited, Saint John, N.B. As previously stated, the proposals were reviewed on the basis of the comprehensive and detailed terms of reference and their relationship to the following criteria: 1. Quality and Completeness – Does the proposal address all of the concerns raised? 2. Experience – Has the consultant demonstrated, for all parties concerned (primary consultant firm, sub consultant firms and staff of both), sufficient experience with this type of project? 107 M & C 2008-99 April 22, 2008 Page 3 3. Methodology – Has the consultant addressed all of the areas called for in the terms of reference and have they allowed sufficient time and resources to adequately address all needs? 4. Cost – Is the price quoted in line with the City’s estimate for the work and has it allowed for each aspect of the project to be adequately addressed? After careful, independent consideration of presentation, company experience, personnel and technical proposal, the Review Committee met to analyze the findings of each member. After completion of the “technical” evaluation, the financial proposals were opened and addressed. These had been submitted in separate, sealed envelopes. After due consideration the Review Committee unanimously selected the submission of Conquest Engineering Ltd. as the best proposal based on an overall rating of the evaluation criteria – presentation, company experience, personnel, technical proposal and cost. The submission from Conquest Engineering Ltd. met all of the requirements of the proposal call, in a manner acceptable to the committee, with a cost-effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work from Conquest Engineering Ltd. to provide engineering services for asphalt concrete, Portland cement concrete and soils testing and inspection services for 2008 is approximately $134,123.20 not including the City’s eligible HST rebate. Funds to cover the cost of these services are included in the Operating Program, General Fund and Utility Fund Capital Program Budgets. RECOMMENDATION It is recommended that the proposal of Conquest Engineering Ltd. for Engineering Services – Asphalt Concrete, Portland Cement Concrete and Soils Testing and Inspection for 2008 be accepted and that the Mayor and Common Clerk be authorized to execute appropriate documentation in that regard. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner City Manager Municipal Operations & Engineering 108 M & C 2008-104 April 23, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Engagement of Landscape Architectural Consultant – Rockwood Park Redevelopment Project PURPOSE The purpose of this report is to request that Common Council authorize staff to conduct appropriate negotiations for the engagement of a landscape architectural consultant to carry out the design and project management services for the Rockwood Park Redevelopment Project. BACKGROUND Common Council approved the Rockwood Park Redevelopment Plan on March 31, 2008. Previously, Common Council approved three other projects in the same area and it is recommended that they be included in the total scope of the Rockwood Park Redevelopment Project. The following projects were approved by Council under the 2008 General Fund Capital Program and the 2008 Water & Sewerage Utility Fund Capital Program on December 17, 2007: Project Location Description Other Share City Share Rockwood Park/Lily Lake Redevelopment Plan Mount Pleasant Ave. & Lake Dr. South Road reconstruction at entrance to Park and landscape around Pavilion $1,000,000 $2,000,000 Lake Dr Bridges & Dam Duck Pond end of Lily Lake Design of bridges and dam in preparation for construction in 2009 $272,750 Mount Pleasant Ave. Civic #400 to Rocky Terrace Renew & relocate 270m of 200mm sanitary sewer $180,000 109 M & C 2008-104 April 23, 2008 Page 2 Mount Pleasant Ave. Civic #400 to Rocky Terrace, including Arrow Walk Rd. to Hawthorne Ave. Ext. Renew & relocate 270m of existing and install 170m of new 250mm watermain $340,000 ANALYSIS Staff recommend the direct engagement of BDA Landscape Architects for the design work and project management associated with the Rockwood Park Redevelopment Project as BDA has demonstrated that they have the expertise and experience in the completion of similar projects. The terms of reference will require BDA to engage the services of a qualified engineering firm as a sub consultant to carry out the municipal component of the project. The estimated cost of the design work and project management is approximately $800,000. The consultant engagement will be conducted in accordance with the process approved by Council on January 21, 2008, for the engagement of Engineering Consultants – 2008 Capital Program (M&C 2008-04). INPUT FROM OTHER SOURCES Leisure Services fully support this project and the following recommendation. RECOMMENDATION It is recommended that notwithstanding the City’s Procurement Policy for engagement of professional services, Common Council authorize staff to conduct negotiations for the engagement of BDA Landscape Architects, to carry out design and project management services for the Rockwood Park Redevelopment Project as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 110 M & C 2008-114 April 23, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Design and Construction Management: Rothesay Road (PDH#100) Colony Road to Fulton Lane – Road Reconstruction BACKGROUND The approved 2008 General Fund Capital Program – Transportation category includes a project for the reconstruction of Rothesay Road, from the railroad overpass near the Brookville Quarry to Colony Road. The proposed 2009 General Fund Capital Program includes a project for the reconstruction of Rothesay Road from Fulton Lane to the railroad overpass near the Brookville Quarry. The projects include funding necessary to engage engineering services to complete the following: · Site survey and preliminary investigation; · Preliminary design, cost estimates and design report; · Public consultation process; · Detailed design; · Inspection services and construction management. PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. 111 M & C 2008-114 April 23, 2008 Page 2 ANALYSIS On July 30, 2007 (M&C 2007-245), Common Council approved a recommendation authorizing staff to conduct the necessary negotiations with Godfrey Associates Ltd. to carry out design and construction management services for the Rothesay Road reconstruction project between Colony Road and Fulton Lane. On February 29, 2008, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Godfrey Associates Ltd. In response to this request, Godfrey Associates Ltd. submitted a proposal on March 15, 2008. A Review Committee consisting of the following staff completed an analysis of the submission: · Brian Keenan, P. Eng. Engineering Manager, Municipal Engineering · James D. Flogeras, P. Eng. Municipal Engineer · Kevin O’Brien, P. Eng. Operations Manager, Transportation · David Logan, CPPB Purchasing Agent/Manager Materials and Fleet Management Each member completed a review of the submission and a subsequent meeting of the Review Committee was held to jointly discuss the information presented in the Godfrey Associates Ltd. proposal. The submission from Godfrey Associates Ltd. met all of the requirements of the proposal call, in a manner acceptable to the committee, with a cost effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work from Godfrey Associates Ltd. to provide design and construction management services is approximately $369,318.00, including the City’s eligible HST rebate. An amount of $370,000.00 was included in the 2007 General Fund Capital Program for design and construction management services. Engineering fees to cover the cost of design and construction management generally do not exceed 12-17% of the total overall project cost, depending on the nature of the project and the engineering services required. This upset fee is approximately 15.0% of the total overall project cost, which is considered appropriate for this type of project. 112 M & C 2008-114 April 23, 2008 Page 3 RECOMMENDATION It is recommended that the proposal of Godfrey Associates Ltd. for engineering services (design and construction management) for the Rothesay Road – Road Reconstruction project be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 113 M & C 2008 - 117 April 24, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Design and Construction Management: Manawagonish Road – Watermain, Sanitary Sewer and Storm Sewer Installation and Street Reconstruction (Westgate Drive to Gault Road) BACKGROUND The 2008 General Fund and Water & Sewerage Utility Fund Capital Programs include projects for the installation of watermain, sanitary sewer and storm sewer as well as street reconstruction on Manawagonish Road, from Westgate Drive to Gault Road. The projects include funding necessary to engage engineering design and construction management services to complete the following: · Site surveys, preliminary investigation and data collection; · Preliminary design, cost estimates and design report; · Public consultation process; · Detailed design and specifications preparation; · Construction management and inspection services and; · Record drawings in digital and hard copy format. PURPOSE The purpose of this report is to make a recommendation for consulting engineering services for this project. 114 M & C 2008 - 117 April 24, 2008 Page 2 ANALYSIS On April 2, 2008 with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Crandall Engineering Limited. In response to this request, Crandall Engineering Limited submitted a proposal on April 18, 2008. Staff was previously authorized to conduct negotiations with this consultant for engineering services for the Manawagonish Road projects. A Review Committee consisting of the following staff completed an analysis of the submission: · Brian Keenan, P.Eng. Engineering Manager, Municipal Engineering · Tim O’Reilly, P.Eng. Operations Manager -Transportation · Susan Steven-Power, P.Eng. Municipal Engineer, Municipal Engineering · David Logan, CPPB Purchasing Agent/Manager, Materials and Fleet Management Each member completed an independent review of the submission and, subsequently, a Review Committee meeting was held to jointly discuss the information presented in the Crandall Engineering proposal. The upset price contained in the proposal was also evaluated by the Committee and staff negotiated with Crandall Engineering to settle on an acceptable consultant’s fee to submit to Council for approval. The submission from Crandall Engineering 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 for Crandall Engineering Limited to provide design and construction management services is $301,521 including the City’s eligible HST rebate. An amount of $2,135,000 was included in the 2008 General Fund and Water & Sewerage Utility Fund Capital Programs for design, construction management and construction. Engineering fees to cover the cost of design and construction management generally do not exceed 12-17% of the total overall project cost, depending on the nature of the project and the engineering services required. This upset fee is approximately 14.1% of the total overall project cost, which is considered appropriate for this type of project. 115 M & C 2008 - 117 April 24, 2008 Page 3 RECOMMENDATION It is recommended that the proposal from Crandall Engineering Limited for engineering services (design and construction management) for Manawagonish Road - Watermain, Sanitary Sewer and Storm Sewer Installation and Street Reconstruction (Westgate Drive to Gault Road) 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 116 M & C 2008 - 101 April 24, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT Design and Construction Management - Red Head Road – Slope Stabilization and Road Reconstruction PURPOSE The purpose of this report is to update Council on the status of the Red Head Road – Slope Stabilization and Road Reconstruction project. BACKGROUND On January 16, 2006 (M&C 2006-15), Council approved the engagement of Crandall Engineering Ltd. to provide design and construction management services for the above noted project. The consultant’s fee for design and construction management including the City’s eligible HST rebate was $205,763.41, approximately 15.8% of the original $1,300,000 budget under the 2006 General Fund Capital Program. The 2007 and 2008 approved General Fund Capital Programs included an additional $1,415,000 for road reconstruction including slope stabilization, road realignment, and design and construction management services for this Red Head Road project. The total approved Red Head Road General Fund project budget is now $2,715,000. On March 4, 2008, Common Council approved the recommendation of M&C 2008-31 for a curve realignment between Civic #360 and Civic #389 Red Head Road with the construction to be completed under Contract 2007-32. - Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction by Fairville Construction Ltd. 117 M & C 2008 – 101 April 24, 2008 Page 2 ANALYSIS The original Request for Proposal sent to Crandall Engineering contained a detailed project scope. The City of Saint John awarded Contract 2007-32 - Red Head Road Sanitary Forcemain, Water & Sewer Mains, Slope Stabilization and Road Reconstruction to Fairville Construction Ltd. During the Public Information Session of May 16, 2007 held at the Red Head United Church citizens asked about the possibility of realigning the sharp curve near Civic #360 Red Head Road. The citizen requests at the Public Information Session as well as additional slope stabilization analysis and inspection resulted in an increase in the overall engineering project scope as follows: · Additional survey; · Additional geotechnical investigation; · Additional slope work requiring additional Construction Management Services and Inspection Services; · Re-alignment of curve near Civic #360 Red Head Road required the development of cross sections, alignment design, generation of quantities, power line re-alignment coordination with Saint John Energy, Aliant, and Rogers, production of revised Contract drawings and additional inspection services. FINANCIAL IMPLICATIONS The consultant’s upset fee of $228,782.95, (not including the City’s eligible HST rebate) was derived from the original project scope. The increased scope will require the consultant to perform additional work over an extended period of time. The final cost for design and construction management services for this project is expected to be $296,417.43. There is adequate funding within the project budgets to cover this additional cost. RECOMMENDATION It is recommended that the engineering services agreement with Crandall Engineering Ltd for engineering design and construction management for the Red Head Road – Slope Stabilization and Road Reconstruction project be increased from $228,782.95 to $296,417.43 as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner City Manager Municipal Operations & Engineering 118 M & C 2008 - 118 April 22, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT Design and Construction Management – Pipeline Road East at Latimer Lake – New Transmission Mains and Chlorine Injection and Sampling Chambers PURPOSE The purpose of this report is to update Council on the status of the Pipeline Road East at Latimer Lake – New Transmission Mains and Chlorine Injection and Sampling Chambers project. BACKGROUND On April 10, 2007 (M&C 2007-80), Council approved the engagement of Ralph Smith Engineering Inc. to provide design and construction management services for the above noted project. The consultant’s upset fee for design and construction management including the City’s eligible HST rebate was $144,448, approximately 16.7% of the overall project cost. ANALYSIS The original Request for Proposal contained a detailed project scope. The project was tendered and awarded to Fairville Construction Ltd in July 2007 (M&C 2007-207). The expected completion date for the project was November 30, 2007. During the course of construction several issues arose that extended the construction management time well beyond the forecasted completion date. These issues included: · Additional survey from the need to enlarge the planned parking lot to accommodate larger vehicles, · Additional design for the parking lot grading and ditching, · Additional design for containment fencing for larger parking area, 119 M & C 2008 – 118 April 22, 2008 Page 2 · Additional design for new stairwell to fluoride building and adjustment of landscaping related to grade change of the parking lot, · Additional design of chambers for electrical pull boxes related to flow monitor cabling, · Expanded electrical design for sampling and injection chambers to prevent freezing in the event of temporary shutdown during winter months, · Additional management time based on extended construction window and need to supervise repair of damaged chlorine and fluoride lines caused by cold weather excavation, · Additional design to raise 60 inch sluice gate to prevent overtopping and undermining of SCADA tower foundations during peak high water levels and flooding events, FINANCIAL IMPLICATIONS The consultant’s upset fee of $159,212 (before City’s eligible HST rebate) was derived from the original project scope. The increased scope will require the consultant to perform additional work over an extended period of time. The final cost for design and construction management services for this project is expected to be $309,915. The additional cost can be managed within the overall Water & Sewerage Utility Fund Capital Program envelope. RECOMMENDATION It is recommended that the engineering services agreement with Ralph Smith Engineering Inc. for engineering design and construction management for the Pipeline Road East at Latimer Lake – New Transmission Mains and Chlorine Injection and Sampling Chambers be increased from $159,212 to $309,915 as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering 120 M & C 2008 - 116 April 22, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT Design and Construction Management – Somerset Street Water Pumping Station Upgrades PURPOSE The purpose of this report is to update Council on the status of the Somerset Street Water Pumping Station Upgrades project. BACKGROUND On July 31, 2006 (M&C 2006-222), Council approved the engagement of Terrain Group Inc. to provide design and construction management services for the above noted project. The consultant’s upset fee for design and construction management including the City’s eligible HST rebate was $47,427, approximately 13.4% of the overall project cost. ANALYSIS The original Request for Proposal contained a detailed project scope. The project was tendered and awarded to G. J. Cahill and Company Ltd. in October 2006 (M&C 2006-287). The expected completion date for the project was May 2007. During the course of construction several issues arose that extended the construction management time well beyond the forecasted completion date, which is now expected to be July 2008. These issues included: · Revised scope of monitoring and controls (SCADA) equipment, · Design and replacement of electrical distribution panel “A” , (originally specified to be left in place), · Replacement of soft starter for pump #3 (originally specified to be left in place) with a variable frequency drive, · Asbestos testing and reporting, 121 M & C 2008 – 116 April 22, 2008 Page 2 · Additional inspection time as retrofit work took significantly longer to complete than forecasted based on the need to operate the pumping station at full capacity during construction. FINANCIAL IMPLICATIONS The consultant’s upset fee of $52,493 (before City’s eligible HST rebate) was derived from the original project scope. The increased scope will require the consultant to perform additional work over an extended period of time. The final cost for design and construction management services for this project is expected to be $92,359.93. The additional cost can be managed within the overall Water & Sewerage Utility Fund Capital Program envelope. RECOMMENDATION It is recommended that the engineering services agreement with Terrain Group Inc. for engineering design and construction management for the Somerset Street Water Pumping Station Upgrades project be increased from $52,493 to $92,359.93 as outlined in this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 122 M & C 2008-115 April 23, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract 2008-22: Somerset Street (Barker Street to Wellesley Avenue) Street Reconstruction – Regionally Designated Highway BACKGROUND The 2008 General Fund Capital Program for Transportation includes funding for street reconstruction on Somerset Street. The work consists generally of the supply of all necessary labour, materials and equipment for the installation of approximately 650 lineal metres of concrete curb, 665 lineal metres of concrete sidewalk, 1,020 m3 of crushed rock sub-base, 1,020 m3 of crushed rock base, 775 tonnes of asphalt base course type “B” mix, 385 tonnes of asphalt surface course type “D” mix, 40 m2 of Allan Block retaining wall and 1,000 m2 of nursery sod and other related work. TENDER RESULTS Tenders closed on April 23, 2008, with the following results: 1. Fairville Construction Ltd. $ 469,621.79 Saint John, NB 2. Lafarge Canada Inc. $ 494,193.64 Saint John, NB 3. Debly Enterrprises Ltd. $ 533,769.34 Saint John, NB The engineer’s estimate for the work was $535,230.15. 123 M & C 2008-115 April 23, 2008 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. 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 The Contract includes work that is charged against the 2008 General Fund Transportation Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes work that will be performed by City forces and others. The analysis concludes that a total amount of $320,000.00 was provided in the budget and that the projected completion cost of the project is estimated to be $ 484,748.70 including the City’s eligible HST rebate – a $ 164,748.70 negative difference. An offset will be identified in the coming weeks to maintain the overall General Fund Capital Program at the original approved level. The section of Somerset Street between Barker Street and Wellesley Avenue is part of the provincial Regionally Designated Highway System. Funding was provided for the reconstruction of Somerset Street within the approved 2008 General Fund Transportation Capital Program as funds were not approved under the Department of Transportation programs for 2008. Staff will submit invoices for eligible costs to the Province upon completion of the project in an attempt to obtain provincial cost sharing. 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 2008-22: Somerset Street (Barker Street to Wellesley Avenue) – Street Reconstruction – Regionally Designated Highway, be awarded to the low tenderer, Fairville Construction, at the tendered price of $469,621.79, 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. Terrence L. Totten, F.C.A. Commissioner City Manager Municipal Operations & Engineering 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 M & C – 2008-125 April 25, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Access Agreement-NB Power Lift Station #4 Project BACKGROUND: Council, in March of 2007, adopted a policy of expropriation to ensure the timely acquisitions of the lands (save and except those lands owned by corporations with higher expropriating authority than the City) which may form part of the Harbour Clean Up project. The first section of work to be performed in this project is identified as Thorne Avenue Lift Station #4 project. Council subsequently adopted a resolution allowing the City and its agents authority to enter upon and undertake investigations. This resolution does not affect Provincial or Federal owned lands. The City has determined it must perform intrusive testing on New Brunswick Power Generation Corporation’s lands identified as PID#s 55042675, 348060, 55021653 located along Bayside Drive (see attached sketch) as part of the Lift Station # 4 project design. NB Power agreed to grant the City access under the terms and conditions contained in the attached Agreement. The purpose of this report is to secure Council’s support to enter into an access agreement with New Brunswick Power Generation Corporation under the terms and conditions of the Agreement attached to this report. RECOMMENDATION: That Common Council enters into an access agreement with New Brunswick Power Generation Corporation under the terms and condition contained in the Agreement submitted with M&C 2008-125; and further that the Mayor and Common Clerk be authorized to execute the Agreement. Respectfully submitted, Jim R. Baird, MCIP Terrence Totten, F.C.A. Commissioner City Manager Planning and Development 199 200 201 202 203 M & C – 2008-124 April 25, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Surrender of Lease Saint John Transit and the City of Saint John BACKGROUND: The Saint John Transit Commission granted the City of Saint John a lease in 1982 for space at its site on Fairville Blvd., which the City used as its West Works Depot up until 2007. The agreement was a year to year arrangement whereby the lease could be terminated by mutual agreement. As Council is aware it is the Transit Commission’s desire and the City’s intent to see the transfer of this real estate to Plaza Corp. Property Holdings Ltd. In order for the transfer to occur the Transit Commission must secure a surrender of the lease from the City. Staff contacted the Director of Operations, Mr. Shayne Galbraith in the matter. He advised that West Works are not operating from that site currently; however there are some miscellaneous items stored on site which can be removed in short order if necessary. The City has no intention of impeding the transfer. As such it should be prepared to support the surrender as requested. RECOMMENDATION: That the City of Saint John agrees to surrender its lease of space with the Saint John Transit Commission (copy attached), and further the Mayor and Common Clerk be authorized to execute any document necessary to effect the surrender. Respectfully submitted, Jim R. Baird, MCIP Terrence Totten, F.C.A. Commissioner City Manager Planning and Development BI/mmf 204 205 206 207 208 209 210 211 212 213 214 215 M & C –2008-102 April 25, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Land Exchange between City, Park Wood Developments Ltd. and Rodgerson – Thornbrough Street BACKGROUND: In 1941, the City acquired a large parcel of land, 13 plus acres, comprising part of which is now Thornbrough Street and lands to the north of the street. In the 1950’s a storm sewer was constructed through these lands and other lands not City owned between Sandy Point Road and Princess Elizabeth School. Part of the large parcel was conveyed to the Province for the Thornbrough Housing Project and Thornbrough Street was constructed through City owned land and land privately owned. For many years, the City has attempted to negotiate a compensation for the privately held lands used for the construction of Thornbrough Street. In fact, several resolutions in the mid to late 1990’s were adopted but various issues could not be resolved and the matter remains outstanding. Specifically, ownership of a few of properties has changed in recent years and encroachments onto City land were discovered. The current owners, Park Wood Development Ltd. have expressed a desire to resolve this matter and to that end the following land exchange is proposed. Park Wood will convey to the City the lands required for Thornbrough Street and Anglin Drive together with the municipal services easement and the City will convey two parcels of land to Park Wood, all as shown on the attached plan. Incidental to this exchange will be the conveyance of a small parcel of land to the owners of 170 Anglin Drive to remove an encroachment of an accessory building now upon City lands. Should Council agree to this proposal, subdivision plans will be required from both parties to create the public streets and municipal services easement. The City’s parcel of land currently exists as one parcel, and would need a Council resolution to create the street rights-of-way and Parcels “A1” and “B” as shown on the attached plan. The land exchange does not obligate the City to approve any subdivision plan or the rezoning of lands in question. 216 Report to Common Council Page 2 April 25, 2008 RECOMMENDATION: 1. The Common Council rescind its resolution of December 11, 2000 pertaining to the Thornbrough Street land exchange; 2. That The City of Saint John subdivide and sell a 239 square metre ± portion of PID Number 411892, being Parcel “V” on an attached Tentative Subdivision Plan to Christine and Adelaide Rodgerson, owners of 170 Anglin Drive, also identified as PID Number 46474 for the sum of $800.00 plus H.S.T. (if applicable); 3. Authorize a subdivision plan creating the public streets and Parcels “A1” and “B” on Thornbrough Street, as generally shown on the submitted plan; 4. Exchange lands with Park Wood Development Ltd. whereby: The City shall convey to Park Wood Developments Ltd. parcels “A1” and “B”, Park Wood Developments Ltd. shall prepare, file and pay for a subdivision plan to vest the public street right-of-ways for Thornbrough Street and Anglin Drive on land currently owned by Park Wood Developments Ltd., as generally shown on the submitted plan; 5. Park Wood Developments Ltd. will prepare, file and pay for a subdivision plan creating a 6 metre wide municipal services easement on land owned by Park Wood Developments Ltd. for vesting, as generally shown on the submitted plan; the location of the aforesaid street right-of-ways and municipal services easement to be acceptable to the Chief City Engineer; and the City of Saint John has no obligation to approve any future subdivision plans or rezoning of parcels “A1 and “B”; and 6. That the Mayor and Common Clerk be authorized to execute the required documents. Respectfully submitted, Jim R. Baird, MCIP Terrence Totten, F.C.A. Commissioner City Manager Planning and Development CL/c 217 218 219 220 M & C – 2008-128 April 25, 2008 Her Worship Mayor Shirley McAlary and Members of Common Council Your Worship and Councillors: SUBJECT: Sale to Canterbury Developments Ltd. of City Owned Land Blue Rock Court BACKGROUND: On January 6, 2003 Common Council approved an amendment regarding an extension to the closing date for the sale of City owned land off Blue Rock Court to Canterbury Developments Ltd. The sale was to close on or before May 31, 2003. Canterbury Developments Ltd. has been working to resolve boundary and title problems that were encountered when they were working toward the purchase of the subject lands from the City. These issues are very close to being resolved and they are seeking from Council a new resolution with respect to the purchase for the sale of this property. Since May of 2003 Real Estate Services have had ongoing discussions with the developer concerning some of the outstanding issues regarding the sale of the City property. These issues were not the fault of the developer and as a result staff has always maintained that all aspects regarding the sale of this property would remain the same, once outstanding issues were resolved. The following recommendation is the same as it was originally, except for a new closing date. As the closing date is less than one year away, a specific requirement for a formal review in 12 months is not required. However, in keeping with the intent of recent Council policy, the recommendation contained in this report includes a review within 12 months of title transfer. This is to ensure developers seeking permission to acquire City owned property are not just speculating, rather they intend to proceed with a specific development proposal. 221 Report to Common Council Page 2 April 25, 2008 In addition, the applicant is seeking authorization from the City who is the present owner of the subject property so the developer can make any necessary zoning application. However Common Council will not be implicitly or explicitly obligated to approve the application. RECOMMENDATION: 1) That The City of Saint John sell Blue Rock Court including those properties identified as PID Numbers 368076, 367144, 365619, 367581 and 367573, to Canterbury Developments Ltd. for $15,000.00 plus H.S.T. (if applicable), and that Canterbury Developments Ltd. be responsible for their own legal fees and any associated registration or administration fees associated with the closing and registration of title on or before March 31, 2009; 2) That the City of Saint John retain an option to repurchase the land for the purchase price, exercisable by the City in the event the developer does not commence within 12 months of title transfer (meaning the servicing of land, site excavation and pouring of foundation(s); 3) That Common Council assent to any public or utility services easements (if required); 4) That Canterbury Developments Ltd. be authorized to apply for any necessary zoning application of the above noted property, however Common Council is not implicitly or explicitly obligated to approve the application; and 5) That the Mayor and Common Clerk be authorized to sign any documents or plans related to the transfer of this property. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager CL/c 222 223 M & C – 2008-113 April 23, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Dobson Chrysler Dodge 276 Rothesay Avenue BACKGROUND: Dobson Chrysler Dodge is in the final stages of developing modern 30,000 square foot automobile dealership to replace their existing buildings. The developer in this area has had to respond to a number of challenges and has worked closely with the City to find the most cost effective and least disruptive option. Initial plans called for a new building to be immediately adjacent to the present building on lands used for many years for used car sales. This property was bisected by a sewer easement containing the large diameter trunk sewer serving large parts of East Saint John. After discussion with our Engineers, plans were prepared to relocate the sewer. The cost was estimated to be approximately $415,000 which would have been shared with the City as various improvements would be made to the sewer system in the area. However, final tender costs were in excess of $500,000 and this option was abandoned. Dobson then began negotiations to purchase the adjacent Hideaway Lounge. While a premium was paid for the additional land, this was offset by not having to relocate the sewer. Discussions continued as development plans were modified and it was discovered that the trunk sewer on this lot was not fully located within the easement. City Engineers ensured that the trunk sewer was appropriately protected and easements were adjusted accordingly. The building is now nearing completion. The development will be a major upgrade with not only a new building but improved landscaping to compliment work already undertaken by the City. There were however, significant costs associated with revising these plans. Dobson has absorbed the cost of additional lands purchased and plans that were not used but has asked the City to contribute to the additional incurred costs to relocate to the new site. They feel this is a reasonable request on the basis that the relocation also lead to the City avoiding cost sharing of the sewer relocation, estimated at the time to be $240,000. 224 Report to Common Council Page 2 April 23, 2008 Additional cost documented includes: · Civic Engineering $14,700 · Architecture $10,500 · Structural Engineering $12,300 · Civic Engineering $ 2,945 · Project Management $13,619 · Demolition $40,000 · Total $94,064 All items except the demolition were clearly items required for the developer to respond to specific City concerns with respect to our infrastructure. In light of the potential for a much larger cost of relocation was avoided an amount of $54,064 is recommended as assistance with additional design cost. These funds are available in the City’s capital budget for commercial incentive. RECOMMENDATION: That the City contribute $54,064 to Dobson Chrysler Dodge for extra design services required as a result of major trunk sewer easement affected in developing. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager JRB/mmf 225 M & C – 2008 – 123 April 24, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date - 112 Mt. Pleasant Avenue BACKGROUND: As provided in Common Council’s resolution of August 3, 2004, this report indicates the rezoning and Section 39 applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk’s office and will form part of the documentation presented at the public hearing. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Pierre Rouleau 112 Mt. Pleasant “R-1A” “SZ-23” To permit con- Avenue version of an accessory building to a dwelling RECOMMENDATION: That Common Council schedule the public hearing for the rezoning application of Pierre Rouleau (112 Mt. Pleasant Avenue) for Monday, June 9, 2008 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, Jim R. Baird, MCIP Terrence Totten, F.C.A. Commissioner City Manager Planning and Development 226 M & C – 2008 - 131 April 24, 2008 Her Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Residential Infrastructure Assistance #46, 47 and #48 New Albert Court, Piper Brook Drive, Acorn Drive ANALYSIS: On May 7, 2001, Council approved the establishment of a program to assist developers with the installation of services for residential developments. The following applications have been received and qualify for assistance as set out in the program guidelines: Applicant Location # and Type Estimated of Units 2008 Assistance #46 Galbraith Construction New Albert Court 25 townhouses $150,000 Ltd. #47 Caliber Consulting Piper Brook Drive 95 townhouses $264,000 Limited & apartments #48 Ellerdale Investments Acorn Drive 72 one & two $186,000 Ltd. family Both the Galbraith and Ellerdale developments have begun and their applications have been on file with staff for some time. The Caliber development was recently received required subdivision approval but has not proceeded yet. 227 Report to Common Council Page 2, April 24, 2008 RECOMMENDATION: It is recommended that Common Council approve Residential Infrastructure Assistance for: #46 Galbraith Construction Ltd. development of New Albert Court with an estimated expenditure of $150,000. #47 Caliber Consulting Limited development on Piper Brook Road with an estimated expenditure of $264,000. #48 Ellerdale Investments Ltd. development along Acorn Drive with an estimated expenditure of $186,000. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager JRB:mmf 228 229 230 231 232 M & C 2008 - 126 April 23, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Online Data-Management - WaterTrax Wastewater Service PURPOSE Since the adoption of M&C 2007-352 in November 2007, Saint John Water has implemented a best in class practice for water quality data management. This new WaterTrax Utility Service now provides a centralized database to organize water quality data, it saves valuable staff hours, provides earlier notification of potential adverse water quality events and allows the capability of promptly trending water quality data. Given that this service has been successfully implemented for all water quality related data, Saint John Water is interested in implementing the same system for wastewater related data. This new Wastewater Service, which will provide a means of organizing wastewater data, was just released across North America over the past couple of months. The service will provide a means of streamlining the management of wastewater quality information and it will further improve the efficiency of the operation while putting in place another best practice. The main benefits of implementing such a new service would include: · Earlier notification of potential adverse wastewater quality events · Quick access to current and historical data (electronic) · Prompt wastewater quality trending capabilities · Time savings 233 M & C 2008- 126 April 23, 2008 Page 2 BACKGROUND Saint John Water Environmental Laboratory analyzes wastewater from seven wastewater treatment facilities. Samples are obtained from the influent entering the facilities, the effluent leaving the treatment facilities and at various strategic locations within the processes. The New Brunswick Department of Environment (DOE) issues certificates of Approval to Operate that outline their analysis requirements. Saint John Water consistently collects and analyzes more samples than are required by the Approval to Operate as close monitoring enables better control over the efficiency of the treatment facility operations. In 2007, Saint John Water Environmental Laboratory analyzed over 9,000 wastewater samples. In addition to the Environmental Laboratory, Saint John Water currently uses a number of external private labs to perform testing required by the National Pollutant Release Inventory (NPRI), Toxicity, Canadian Council of Ministers of the Environment (CCME) Strategy, Municipal Wastewater Effluent (MWWE) characterization samples and biosolids metals analyses. The requirements for wastewater analyses continues to grow and presently Saint John Water does not have the ability to receive electronic transfers of data from laboratories nor does it have the ability to automatically screen results and issue alerts via electronic mail (E-mail) for results of concern. Saint John Water for its wastewater quality data currently uses a combination of paper-based and computer-based methods (i.e. spreadsheets) to manage water quality data. This requires time consuming employee involvement related to inputting data, and does not adhere to best practices for record keeping. ANALYSIS Given the importance and the ever growing need for wastewater quality information, and the inefficiencies of managing paper-based data, it is evident there is a requirement for a wastewater quality management tool that is efficient, effective, and reliable. Saint John Water has researched the new Wastewater Utility Service and after a number of demonstrations, it was clear that this new service meets the needs for today and well into the future. Saint John Water will be subscribing to this new service which will simply require a amendment (add Wastewater Service) to the Customer Service Agreement that exists for the Water Service. Being a web-based service, data in the Wastewater Utility Service like the Water Utility Service is shared among authorized users and there is the potential for expanding the application to additional users in the future. There will be numerous Saint John Water staff trained over the next two months in the use of the new WaterTrax Wastewater Service. 234 M & C 2008- 126 April 23, 2008 Page 3 The WaterTrax Utility Service will provide a centralized database to organize wastewater quality data as well as provide an electronic alerting system which will notify, via E-mail, the appropriate personnel if results exceed preset parameters such as regulatory standards. It is expected that the implementation of this service will save valuable staff hours, while at the same time introduce another best practice for wastewater records management. FINANCIAL IMPLICATIONS The cost of the service is based on: the number and size of wastewater systems under management and the number of users. Based on Saint John’s system, the annual subscription fee cost is $11,750 (exclusive of taxes) per year, however, since the existing Water Service agreement is being amended to include the new Wastewater Service, the prorated cost for the remainder of the subscription period is $6,148.00 (exclusive of taxes). In addition to the subscription cost, there is a one time setup and training charge. The fee is $1,500/day plus travel and living expenses. These fees will be covered within the Saint John Water operating budget. No additional software or hardware is required as it simply requires the use of existing personal computers and internet connections. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 235 R E P O R T T O C O M M O N C O U N C I L M&C #2008-109 April 22, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: PASSENGER TRAIN SURVEY Sometime ago, Councillor Farren raised the topic of “ the return of passenger train service to Saint John.” His Worship, Mayor McFarlane, immediately wrote to Dr. Shelly Rinehart, Chair, Enterprise Saint John and to Nathalie Godbout, Chair, Saint John Board of Trade on May 16, 2007. Both letters were in the form of a request and contained the following. “The development of a passenger train service in Saint John could contribute significantly to this community and it is asked of the Board to investigate this resource potential in the City.” Councillor Farren inquired again and staff made contact with both Enterprise Saint John and the Board of Trade. Unfortunately, the suggestion of the re-instatement of passenger service has not been a matter which either Organization has pursued nor is it one of their priorities. As a result, City staff has contacted VIA Rail directly on April 21, 2008, and received the following response. “In 1994, Canadian Pacific Rail decided to abandon their line on which Via Rail operated due to a lack of freight traffic. Canadian Pacific Rail owns the rail line that passes through Saint John, N.B. and in discontinuing freight service on this line it also would no longer maintain the infrastructure (rail). As a result of CP’s decision, VIA Rail was forced to cancel its passenger rail service named the Atlantic which included a stop in Saint John. VIA rents the right-of-way from the Railway owners such as CP who own and operate the tracks.” Since with time, there does appear to be an increase in freight traffic and in particular with the involvement of Southern New Brunswick Railway. However, a decision to 236 Report to Common Council Page 2 Subject: Passenger Train Survey provide passenger service is significantly different than a freight service and a whole array of issues will know doubt come to the forefront. While there does not appear to be any movement or consideration being given to re-instatement of passenger service, City staff will continue to make inquiries. RECOMMENDATION: Report to be received and filed. Respectfully submitted, Terrence L. Totten, FCA CITY MANAGER 237 M & C 2008 - 127 April 24, 2008 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council, SUBJECT: CONTRACT NO. 2008-08901T: ASPHALT REINSTATEMENT OF UTILITY CUTS BACKGROUND Tenders were called for reinstatement of cuts made in street asphalt over the winter period by Water & Sewage crews doing emergency repairs on underground sewers. This is an annual activity to make permanent repairs to cuts which were temporarily reinstated with cold mix or granular material during the winter period. This contract includes all work associated with the reinstatement of a total of 45 utility cuts at various locations. This work consists generally of the supply of all necessary labour, materials and equipment for the reinstatement of approximately 2,490 square metres of utility cuts using the “T” patch method. Tendering this work will allow City forces to focus their efforts to repair potholes and other street deficiencies that have become more prominent during the winter and spring freeze and thaw cycle. TENDER RESULTS Tenders closed on April 23, 2008, with the following results: 1. Classic Construction Ltd., Saint John, N.B. $ 89.00/m² 2. Lafarge Canada Inc., Saint John, N.B. $ 95.00/m² 3. Debly Enterprises Ltd., Saint John, N.B. $ 137.00/m² The Engineer’s estimate for the work was $65.00/m². 238 M & C 2008 - 127 April 24, 2008 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. 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 The 2008 Water and Sewer Utility budget includes a provision of $743,000.00 for utility cut reinstatement. The project completion cost of utility cuts included in this contrct is $221,610.00 plus taxes. 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 No.2008-084901T: Asphalt Reinstatement of Utility Cuts, be awarded to the low tenderer, Classic Construction Ltd., at the tendered price of $89.00/m² 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 239 REPOR T TO COItlMON COUNCIL M C 2008 135 1be City of saint John April 25 2008 His Worship Mayor Norm McFarlane and Members ofCommon Council Your Worship and Members ofCouncil SUBJECT PURCHASE OF PARCEL K In 2007 the City ofSaint John successfully negotiated a new lease for the space it occupies in City Hall This lease was based on a Letter ofIntent executed by the City and the owners The Letter of Intent also contained provisions for the City ofSaint John to purchase from owners a piece ofproperty identified as Parcel K Parcel K is the land on which the city owned pedway between City Hall and the escalators leading to Market Square sits as well as a portion ofthe pedway to the Aquatic Center In any event the parties executed the lease and had agreed on the fair market value of Parcel K The actual purchase of Parcel K was not completed because the seller has insisted that the garage dumpsters sitting on Parcel K to service City Hall were to remain in the location at no charge in perpetuity As a result periodic discussions have been held and a resolution to the issue has been reached RECOMMENDATION The City of Saint John purchase Parcel K upon the following conditions a The Purchase price is 78 000 subject to normal adjustments b The City accepts all liabilities with respect to the pedways and indemnifies the owners of City Hall 240 Report to Common Council Page 2 Subject Purchase ofParcelK c The City will provide an irrevocable license allowing the current owners ofCity Hall to locate the garbage dumpsters on Parcel K for as long as the current owners have title to the City Hall building 241 The City of Saint John Norm McFarlane Mayor s Office Bureau du maire WHEREAS WHEREAS WHEREAS PROCLAMATION ii The City of Saint John in conjunction tith the Workplace Health Safety and Compen ation Commission ofthe Province ofNew B nswick and the New Brunswick Federation of Labour ecognizes an annual Day of Mourning I This is a day ofremembrance and resp ct for workers who have suffered fatal and disabling i juries in workplace accidents We extend our s pathies to all injured workers and their families we ffirm our commitment to employee safety and w express our appreciation to the many dedicated emnloyees in our organization and throughout our commvnity who strive to make all workplaces safe health an4 accident free I this solemn day of remembrance wasI first observed in 1984 when the Canadian Labour qmgress declared April 28 as Canada s Day of MOUjning April 28 signifies the date the first compre ensive Worker s Compensation Act was passed in anada Ontario 1914 Today more than 100 counries ave joined Canada as we observe the Day ofM i and NOW THEREFORE I Mayor Norm McFarlane of Saint John do hereby request the citizens ofSaint John toj in a moment of silence on April 28 2008 to observe a Day ofMourning t remember those workers who have suffered injury illness or death and iF our resolve to improve workplace health and safety i I In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John SAINT JOHN P O Box 1971 Saint john NB Canada E2L4L11 www saintjohn ca I c P 1971 Saint ohn N B Canada E2L4L1 242 The City of Saint John Norm McFarlane Mayor s Office Bureau du maire WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS PROCLAMA nON The Government and Prime Minister of Canada have designated May 15th as Peace Officer s Memori l Day and the week in which May 15th falls as National Police Week and the Saint John Police Force will be recogniz d as providingexemplaryleadershipandservicereflectiveofthepublicsafetyneedsofthecommunitytoenhancethequalityoflife and the Saint John Police Force has grown to be a modern and scientific law enforcement body which incre singly provides a vital public service and everyday law enforcement officers render de icated service to their community often times exposing themselves to substantial risk of death or great bodily harm nd as concerns about crime rise the way Canadi ns think about policing transformed Integration of the crea ive thinking of law enforcement administrators and academi s with a wide body of policy research findings has yielded he concept of community policing Unlike programs inten ed to address specific problems faced by law enforceme t communitypolicingcallsanallencompassingchangeinhewaypoliceperformtheirdutiesand it is important that all citizens know and nderstand the problems duties and responsibilities of thei police force recognize their duty to serve the people by s feguarding life and property by protecting them against dec ption and the weak against oppression or intimidation THEREFORE I Mayor Norm McFarlane on behalf of the Ctizens of Saint John do hereby proclaim the week of May 11th to May 17th 2 08 as POLICE WEEK and do further proclaim Thursday May 15th 2008 as PEACE OFFICERS MEMORIAL DAY In witness whereof I have set my hand and affixed the offi1ial seal of the Mayor of the City of Saint John I SAINT JOHN P O Box 1971 Saint John NB Canada E2L 4L11 www saintjohn calc p 1971 S int John N B Canada E2L 4L1 243 The City ofSaint John Norm McFarlane Mayor s Office Bureau du maire WHEREAS WHEREAS WHEREAS WHEREAS PROCLAMATION the City of Saint John is committed to assisting citizens with disabilities to participate fully in the resources of our community and ii many persons living with disabilities f e barriers in the areas of employment access to information transportation housing education recreation and other disability related supports and i we believe that more citizens with djsabilities should have the chance to access approproate disability related supports to improve their opport4nities in New Brunswick and we support the theme Disabirt Disability Supports Create Self S NOW THEREFORE I Mayor Norm McFarlan f Saint John do hereby request the Citizens of Sain ohn join with our Council in recognizing persons with disabilities and their po ential role in our community by the observance of Disability Awareness Wee June l5t to June i 2008 In witness whereof I have set my hand and affixed the o cial seal of the Mayor of the City of Saint John SAINT JOHN P O Box 1971 Saint John NB Canada E2L 4LlI www saintjohn calc p 1971 Slint John N B Canada E2L 4L1 244 The City of Saint John Norm McFarlane Mayor s Office Bureau du maire WHEREAS WHEREAS WHEREAS WHEREAS WHEREAS PROCLAMATION May 4 10 2008 is Emergency Prep a edness Week in Canada Emergency Preparedness Week is des gned to increase public awareness of the import ce of personal preparedness to cope with emergencies Emergency Preparedness is a shared responsibility in which every person can help reduce sks we face by learning how to better prepare oursel es our families and our community In times of crises the City of Saint ohn its citizens staff and the agencies of the Saint ohn Emergency Management Organization ha collectively demonstrated their commitment to provide for the safety health and welfare of citizens the protection of property and the environment and the bility to respond to emergencies in a highly professional and safe manner and An informed prepared and cooperativ public is vital to effective emergency preparedness planning and emergency response NOW THEREFORE I Mayor Norm McFarlane of the C ty of Saint John do hereby proclaim the week of May 4 to 10 2008 as Emergency Preparedness Week in the City of Saint John In witness whereof I have set my hand and affixed the 0 ficial seal of the Mayor of the City of Saint John SAINT JOHN P O Box 1971 Saint John NB Canada E2l 4111 wwwsaintjohn calcp 1971 aint John N B Canada E2l 411 245 1 The City of Saint John Norm McFarlane Mayor s Office Bureau du maire PROCLAMATION WHEREAS During the week ofApril 27 May 3 2008 Volunteers across Canada are recognized for their Hard work in giving back to the community and WHEREAS Rogers TV works with volunteers on a national and Provincial level and have over 200 volunteers in the Province of New Brunswick with over 50 here in the City ofSaint John and WHEREAS The goal of Rogers TV is to provide community based programming with the help and participation of people in the community for the benefit of viewers at home providing over 2200 hours of programming annually including coverage of our City Council Proceedings and WHEREAS Rogers TV in the City of Saint John and Province of New Brunswick is an important facet of our communities helping to raise over 220 Thousand Dollars through telethons each year to different charitable organizations NOW THEREFORE I Mayor Norm McFarlane 1JRI of Saint John do hereby request the citizens of Saintli n to join with our Council to declare the week of April 27 May 3 2008 as Volunteer Appreciation Week and urge everyone to take time to thank a volunteer for all the hard work that they do In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John SAINT JOHN P O Box 1971 Saint John NB Canada E2l 4l11 www saintjohn calc p 1971 Saint John N B Canada E2l4Ll 246 3720C8479 PM FROM Far O 643434 PAGfi a01 OF 001 Application for Amendment to Section 39 Resolution or Agreement Demande de modification de la resolution on de 1ententerelative a Particle 39 Applicant Related Information 1 Renseignemtents sur le pdetnaudeur Nme oti Applicant Nom du demandeur P1jllivfCK TaiinAddress of Applicant Adresse postale du demandeur 1 ll lt Postal Cadel Code postal y Tclephon Number i NumCro de telephone lome Lorriile Wcrc travail wyClirtet lacuunberr lumerode te9eeopieur tLtcwt c Name of Property Owner if different iNomdu proprietaire si different Yi 3tG4l PostaCode Code pnstaffr Existing Resolution Resolution actuelle izre of iZoiutionto tr1mendedDate de la resolution madifer Lvciacm iacemrnt i Civic No I No de voirie Street Rue YIU SIP ppficantslrteres in Yraperty Intretde demandeurs dan la prroprdt G7 Y Vlrat is your Proposal I En quoi consiste votre proposition Note Prnvid 2 ftlly reatsionaldrawing or plan which illustrates your proposal Describe proposal rr detain totaFournier un piar ou un desin entiPrement cote iilusraitvotriproposiion Deciire is propostinn cr detail Ci Cam rJ 1 p1z n rrrLor 11C r J A feycf3t300is enclosed in the form of a cheque or Money hder made payabeto the Ciry of Saint ohn ijointdes frail de 30 b sous fanne de cEque ou de zdatstelibetl inrdrede The City ofSaint John S natceof Applicact SGnaturedu demandeury Date YC CPC S atuze of tl avmer must be included asignawre due proprietaire doit @tre influre L atur of Uwrer iiapplicabiesignature du propnetaue sil y a lice t Date fk 247 lan5 roP a 53 unn lvJ Junn eve 248 PROPOSED SECTION 39 AMENDMENT RE 531 DUNN AVENUE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday April 28 2008 at 700pmby Amending the Section 39 conditions imposed on the September 26 1988 rezoning of the property located at 531 Dunn Avenue also identified as PID No 00394932 to permit a revised proposal REASON FOR CHANGE To permit a day care centre 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 1 S Market Square Saint John NBbetween the hours of 830amand 430 pmMonday through Friday inclusive holidays excepted Written objections to the amendment may be sent to the undersigned at City Hall Elizabeth Gormley Common Clerk 6582862 PROJET DE MODIFICATION DE LARTICLE39 OBJET 531 AVENUE DUNN Par les presentes un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention dexaminer une proposition lors de la reunion ordinaire qui se tiendra dans la Salle du conseil le lundi 28 avril 2008 a 19 b en apportant les modifications suivantes Modification des conditions imposees en vertu de Particle 39 le 26 septembre 1988 relativement au rezonage de la propriete situee au 531 avenue Dunn et portant le NID 00394932 pour permettre la presentation dune proposition revisee RAISON DE LA MODIFICATION Permettre une garderie Toute personne interestee peut examiner la modification proposee au bureau du greffier communal ou au bureau de 1urbanismeet du developpement a 1hotel de ville au 15 Market Square Saint John NB entre 8 h 30 et 16 h 30 du lundi au vendredi sauf les fours feries Veuillez faire part de vos objections au projet de modification par ecrit 1attentiondu soussigne a 1hotelde ville Elizabeth Gormley Greffiere communale 6582862 249 PROPOSED SECTION 39 AMENDMENT RE 531 AVENUE DUNN Public Notice is hereby given that the Common Council of The City of Saint John intends to consider a proposal at its regular meeting to be held in the Council Chamber on Monday April 28 2008 at 700pmby Amending the Section 39 conditions imposed on the September 26 1988 rezoning ofthe property located at 531 Dunn Avenue also identified as PID No 00394932 to permit a revised proposal REASON FOR CHANGE To permit a day care centre The proposed amendment maybe 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 NB between the hours of 830amand 430pmMonday through Friday inclusive holidays excepted Written objections to the amendment may be sent to the undersigned at City Hall Elizabeth Gormley Common Clerk 6582862 PROJET DE MODIFICATION DE LARTICLE39 OBJET 531 AVENUE DUNN Par les presentes un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention dexaminerune proposition lors de la reunion ordinaire qui se tiendra daps la salle du conseil le lundi 28 avri12008 a 19 h en apportant les modifications suivantes Modification des conditions imposees en vertu de Particle 39 le 26 septembre 1988 relativement au rezonage de la propriete situee au 531 avenue Dunn et portant le NID00394932 pour permettre la presentation dune proposition revisee RAISON DE LA MODIFICATION Permettre une garderie Toute personne interestee peut examiner la modification proposee au bureau du greffier communal ou au bureau de 1urbanismeet du developpement a 1hotel de ville au 15 Market Square Saint John NB entre 8 h 30 et 16 h 30 du lundi au vendredi sauf les jours feries Veuillez faire part de vos objections au projet de modification par ecrit a 1attentiondu soussigne a 1hotelde vine Elizabeth Gormley Greffiere communale 6582862 250 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only Budget Number 110 0801 442 2010 De artment Common Clerks Office Account 71206 Contact Elizabeth Gormle Phone 506 6582862 Fax 506 674414 Special Instructions if any Newspaper Insertion Dates Check as applicable SJTJ Saint John Telegraph Journal SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Dates Tuesday April 1 2008 Tuesday April 22 2008 Dates Dates Information for Ad Boldface anything you want Bold in Ad Centre Tab etc Section Headline General Notice Tender Proposal Public Notice SubHeadline if a licable Text INSERT ATTACHED Call to Action Elizabeth Gormley Common ClerkGreffiere communale Contact Telephone 506 6582862 251 April 23, 2008 Your Worship and Councillors: SUBJECT: 531 Dunn Avenue - Section 39 Amendment On March 31, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 22, 2008 meeting. Ms. Danielle Hicks appeared to speak in support of the application and indicated that she was in agreement with the recommendation for approval, but would like to be approved for 52 children, as the Department of Social Development would permit that number in a facility of this size. Ms. Roberta Gardner-Curwin, of 521 Dunn Avenue, appeared to speak in opposition to the application and indicated that she was concerned about the additional traffic that would be generated by the daycare as well as the noise from the outside play space. She pointed out that a number of residents in the area are seniors and that she feels the daycare would be disruptive to their lifestyle. Ms. Janet Clinton, of 417 Cushing Street, also appeared to speak in opposition to the application. She noted similar concerns with traffic and noise, and pointed out that there are many accidents at the Cushing Street and Dunn Avenue intersection. Ms. Gardner-Curwin also submitted a letter to the Committee, as did three other residents of the neighbourhood. These letters are attached. After considering the attached report, the applicant’s presentation and the presentation of those opposed to the application, the Committee adopted the recommendation as set out below. The Committee also directed staff to investigate the possibility of establishing a four-way stop at the corner of Dunn Avenue and Cushing Street. The matter has been referred to the Department of Municipal Operations and Engineering for consideration. RECOMMENDATION: That Common Council amend the Section 39 conditions pertaining to 531 Dunn Avenue, also identified as PID Number 55029524, as follows: 252 Planning Advisory Committee Page 2 April 25, 2008 a) That the use of the property be restricted a church, a daycare centre providing care for a maximum of 45 infants and children, and associated parking. b) That the site shall not be developed except in accordance with a detailed site plan, prepared by the Development and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaping, fencing and other site features, including those listed above. The approved site plan must be attached to the building permit application for the development. c) That the Developer must pave all access, manoeuvring and parking areas with asphalt. d) That adequate site drainage facilities, including necessary catch basins, must be provided by the Developer in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer or his designate. e) That all developed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the Developer. The landscaping must extend onto the City street right-of-way to the edge of the street curb/sidewalk. The Developer must also retain and/or enhance all existing mature vegetation on the site adjacent to residential properties. f) That all site improvements shown on the approved site and drainage plan must be completed within one year of building permit approval. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 08-135 253 DATE: APRIL 18, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF APRIL 22, 2008 Sarah Herring, MCIP Planner SUBJECT: Name of Applicant: Danielle Hicks Name of Owner: Four Square Gospel Church of Canada Location: 531 Dunn Avenue PID: 394932 Municipal Plan: Low Density Residential Zoning: “IL-1” Neighbourhood Institutional Proposal: To permit the operation of a day care centre Type of Application: Section 39 amendment JURISDICTION OF COMMITTEE: Common Council has requested the views of the Planning Advisory Committee concerning the proposed amendment to the Section 39 conditions. Common Council will consider the Committee’s recommendation at a Public Hearing on Monday, April 28, 2008. 254 Danielle Hicks Page 2 531 Dunn Avenue April 18, 2008 STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the Section 39 conditions pertaining to 531 Dunn Avenue, also identified as PID Number 55029524, as follows: a) That the use of the property be restricted to a church, a daycare centre providing care for a maximum of 45 infants and children, and associated parking; b) That the site shall not be developed except in accordance with a detailed site plan, prepared by the Developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaping, fencing and other site features, including those listed above. The approved site plan must be attached to the building permit application for the development. c) That the Developer must pave all access, manoeuvring and parking areas with asphalt. d) That adequate site drainage facilities, including necessary catch basins, must be provided by the Developer in accordance with a detailed drainage plan, prepared by the proponent and subject to the approval of the Chief City Engineer or his designate. e) That all developed areas of the site not occupied by buildings, driveways, walkways, parking or loading areas must be landscaped by the Developer. The landscaping must extend onto the City street right-of-way to the edge of the street curb/sidewalk. The Developer must also retain and/or enhance all existing mature vegetation on the site adjacent to residential properties. f) That all site improvements shown on the approved site and drainage plans must be completed within one year of building permit approval. BACKGROUND: On September 26, 1988 Common Council approved the rezoning of the subject site from “R-1B” One Family Residential to “IL-1” Neighbourhood Institutional on condition that the building and land be used only for a church and related parking. The Planning Advisory Committee had previously approved a variance to permit parking in the required front yard on condition that a detailed site plan including proposals for landscaping, fencing and parking area be approved by the Development Officer prior to building permit approval. Subsequent letters to the Planning Department indicate that the property owners intended to submit the required plans for the parking area and complete the necessary work by September 30, 255 Danielle Hicks Page 3 531 Dunn Avenue April 18, 2008 1990. It does not appear; however, that these plans were ever submitted and the work to develop the parking area has never been undertaken. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has been advised of this application. Building and Technical Services has indicated that there are significant Building Code issues associated with this proposal. Fire Department has no objection to the application, provided that any interior renovations to support the Day Care are designed and conducted in accordance with the National Building and Fire Codes. Some of the emphasis of the NBC and NFC includes (but is not limited to): - Fire separations between living areas and furnace rooms; - Fire rated doors no less than 20 minutes between the sleeping rooms and the main corridor; - Monitored fire alarm system must be installed in accordance with the requirements of NFPA 72; - Smoke detectors must be installed in each sleeping room; - Emergency lights are required to light the path of exit; - Fire extinguishers with a rating no less than 2A 10BC to be mounted near each exit and the kitchen; - All exit doors are required to have panic hardware installed; - An emergency exit plan must be mounted inside each room; - An emergency fire safety plan must be submitted to the Fire Prevention, Investigation and Training office for approval; - An occupancy load for each child care room must be determined and submitted to the Department of Social Development; - Plans must be submitted to the Department of Public Safety – Technical Inspection Services Division. 256 Danielle Hicks Page 4 531 Dunn Avenue April 18, 2008 In addition to building renovations, the National Building Code provides that combustible materials need to be no less than 1 metre away from a heat sources. In addition to National Building and Fire Codes as provided above, the applicant’s proposal must satisfy the requirements of the “Child Daycare Facilities – Operator Standards” as provided by the Department of Social Development. To this end, an application to operate a licensed daycare must be submitted to the Department of Social Development. N.B. Department of Community Services has been advised of this application and is currently reviewing the application for the proposed daycare. ANALYSIS: The subject site is located at the corner of Dunn Avenue and Cushing Street on the City’s West Side. The 1,364 square metre (14,682 square foot) site currently contains a vacant church building facing Cushing Street and a large grassed yard along Dunn Avenue. The surrounding neighbourhood is primarily single-family residential, with some two- and four-family residential areas. There is a also large office building at the intersection of Lancaster Avenue, Dunn Avenue and Prince Street, and Cedar Hill Cemetery and Havelock School are located east of the subject site across Havelock Street. The applicant intends to establish and operate a daycare centre in the existing building to provide licensed care for 60 children, ranging in age from newborns to age twelve. The daycare centre’s hours of operation would be from 7:00 a.m. to 6:00 p.m. Monday through Friday and the centre would be closed on holidays. The attached site plan indicates that the existing building would be separated into five rooms for daycare “play space”, with separate bathroom and kitchen areas. As well, the site plan indicates that a portion of the lot along Dunn Avenue would be enclosed with six foot high fencing and be used as outdoor play space for the daycare centre. While the applicant has not indicated the dimensions of the outdoor play space on this site plan, the Department of Social Development’s “Child Day Care Facilities Operator Standards” manual requires that outdoor play space must “provide a minimum of four and one half (4.5) square metres (48 square feet) per child to accommodate fifty per cent (50%) of the centre’s approved capacity”. If the applicant were to be approved for the proposed 60 children, this would require a minimum outdoor play space area of 135 square metres (1,453 square feet). The Department of Social Development’s licensing of daycare facilities also specifies a number of other requirements for approval, including: floor space and sanitary requirements, Health Act standards regarding sanitation, lighting and ventilation, National Fire and Building Code standards, adequate sleep or rest area, fist aid supplies, food services and cleanliness standards, minimum staff qualifications and staff-to-child ratios. These matters are regulated and enforced by the Provincial licensing process and need not be considered in this application, except as they 257 Danielle Hicks Page 5 531 Dunn Avenue April 18, 2008 relate to the development of the site (i.e. the size of an outdoor play space and parking requirements for staff and clients). The Zoning By-law permits daycare centres in the “IL-1” Neighbourhood Institutional zone; however, the use of the subject site was limited to only permit a church and associated parking by Section 39 conditions applied when the site was rezoned in 1988. As a result, an amendment to the Section 39 conditions is required to permit the proposed daycare centre. As shown on the attached site and potential parking plan prepared by staff, the subject site contains sufficient area to provide the required outdoor play space for the daycare centre, and approximately seven parking spaces with a large driveway to facilitate clients picking up and dropping off children. The seven potential parking spaces exceed the number required by the Zoning By-law for the proposed use, and the outdoor play space also exceeds the area required by the Department of Social Development. As well, the circular driveway should help to alleviate residents concerning regarding on-street parking. The site currently contains a number of mature deciduous and coniferous trees along the side property lines adjacent to residential properties, and this vegetation should be maintained or enhanced to help buffer these residential properties from the proposed outdoor play space and parking area. As well, additional trees, shrubs or hedges will be required in the 2 metre (6.6 foot) landscaping strip adjacent to the parking area. While daycare centres are generally considered to be appropriate in residential areas (with “IL-1” Neighbourhood Institutional zoning), the current proposal to provide care for up to 60 children represents the maximum number of daycare spaces that can be licensed for a single facility. The Department of Social Development has not yet completed their analysis of this application, so is not able to indicate whether this particular location would be acceptable for the proposed 60 children. Given the close proximity to adjacent residential properties and resident’s concerns over on-street parking; however, it may be more appropriate in this neighbourhood context to limit the number of children at the daycare, perhaps to a maximum of 45 children and infants. This will limit the number of staff required for the daycare, and also reduce the amount of client traffic to and from the site. CONCLUSION: The proposed daycare centre can be considered appropriate at this location given the size of the existing institutional building and lot; however, it is recommended that conditions are placed upon the requested Section 39 amendment limiting the number of daycare spaces to a maximum of 45 rather than the proposed 60 spaces. Standards conditions directing the development of the site 258 Danielle Hicks Page 6 531 Dunn Avenue April 18, 2008 are also recommended to provide buffering for neighbouring property owners and development of suitable access and parking. SKH Project No. 08-135 259 260 261 262 263 264 265 266 267 268 269 270 271 PID BYLAW NUMBER M23 A BYLAW TO AMEND A BYLAW RESPECTING THE STOPPING UP AND CLOSING OF HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows 1 A bylaw of The City of Saint John entitled A Bylaw Respecting The Stopping Up and Closing of Highways In The City of Saint John enacted on the nineteenth day of December AD 2005 is hereby amended by adding thereto Section 197 immediately after Section 196 thereof as follows 197 The City of Saint John does hereby stop up and close permanently the following portion of highway ROCK STREET That portion of the 1525 metre 50 foot wide public street in the City of Saint John County of Saint John and Province of New Brunswick called Rock Street lying between the southward prolongation of the eastern sideline of Blair Street and the western sideline of Ritchie Street a distance of 7350 metres 241 feet more or less maintaining the breadth of 1525 metres 50 feet throughout comprising 1121 square metres 12066 square feet more or less and shown on a Plan of Survey dated March 13 2008 attached hereto IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this bylaw the 3d day of December AD2007 and signed by IIll ARRETE N M23 ARRETE MODIFIANT LARRETESUR LINTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Lors dune reunion du Conseil communal The City of Saint John a decrete ce qui suit 1 Par les presentee 1arretede The City of Saint John intitule Larretesur 1interruption de la circulation et la fermeture des routes dans The City ofSaint John decrete le 19 decembre 2005 est modifie par 1ajout de Particle 197 immediatement apres Particle 196 comme suit 197 Par lee presentee The City of Saint John Barre et ferme de faon permanente la portion dune route suivante RUE ROCK Route publique dune largeur de 1525 metres 50 pieds situee dans The City of Saint John dans le Comte de Saint John et dans la province du NouveauBrunswick appelee rue Rock se trouvant entre le prolongement en direction sud de la limite laterale est de la rue Blair et la limite laterale ouest de la rue Ritchie soit une distance approximative de 7350 metres 241 pieds en conservant tout au long sa largeur de 1525 metres 50 pieds ayant une superficie denviron 1 121 metres carres 12 066 pieds carres et delimitee sur le plan darpentagejoint aux presentee en date du 13 mars 2008 EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrete le 3 decembre 2007 2007 avec lee signatures suivantes MayorMaire Common ClerkGreffiere communale First Reading April 14 2008 Premiere lecture 14 avri12008 Second Reading April 14 2008 Deuxieme lecture 14 avril 2008 Third Reading Troisieme lecture 272 1E is s t 6 I Y a s j yg W a d W iFozaus n 13S 3rrKura 3na 1 8 5245 N y F F sO sogJqg r 3 N ao 5 S F W w O p o YL gi5 g rig n GF JgsNSF gg a ti ajigs tgtaJd8 a r rS Qgris jn Isti 1 p e f R c fbrs h Nogg srzst t t tiSfStISLf anawnV tez 6 y 4 m ctealsarrne3naoRo a a g J y61 t 273 BYLAW NUMBER CP 11070 A LAW TO AMEND THE ZONING BYLAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened as follows The Zoning Bylaw of The City of Saint John enacted on the nineteenth day of December AD2005 is amended by 1 Amending Schedule A the Zoning Map of The City of Saint John by rezoning a parcel of land with an area of approximately 17 hectares located at 1035 Burchill Road also identified as being a portion of PID No 00412189 from I2 Heavy Industrial to PQ Pits and Quarries classification pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act all as shown on the plan attached hereto and forming part ofthis bylaw IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this bylaw the day of AD 2008 and signed by ARRETE N CP11070 ARRETE MODIFIANT LARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal The City of Saint John a decrete ce qui suit Larretesur le zonage de The City of Saint John decrete le dixneuf 19 decembre 2005 est modifie par 1 La modification de 1annexeA Plan de zonage de The City of Saint John permettant de modifier la designation dune parcelle de terrain dune superficie denviron17 hectares situee au 1035 chemin Burchill et etant une partie du NID 00412189 de zone dindustrielourde I 2 a zone de carrieres PQ conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur 1urbanisme 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 2008 avec les signatures suivantes MayorMaire Common ClerkGreffiere communale First Reading April 14 2008 Premiere lecture 14 avri12008 Second Reading April 14 2008 Deuxieme lecture 14 avril 2008 Third Reading Troisieme lecture 274 L NING AND DEVELOPMENT URBANISME ET DVELOPPEMENT REZONING REZONAGE Amending Schedule A of the Zoning ByLaw of The City of Saint John Modifiant Annexe A de IArretede zonage de The City of Saint John a s r r f1 FROM DE TO A i I2 PQ Heavy Industrial Pits and Quarries Zone dindustrielourde Zone de carrieres Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le Conseil municipal en vertu de Particle 39 de la Loi sur 1urbanisme Applicant Saint John Industrial Parks Ltd Location 1035 ch Burchill Rd PIDsNIPS Part ofpartie de 00412189 06NB0 Drawn ByCreee Par David Couture Date DrawnCarte Creee April 16 avril 2008 Considered by PACconsiderspar le CCU April 8 avril 2008 Enacted by CouncilApprouve par le Conseil Filed in Registry OfficeEnregistre le 275 SECTION 39 CONDITIONS - 1035 BURCHILL ROAD RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the establishment and operation of a quarry on a parcel of land having an area of approximately 17 hectares, located at 1035 Burchill Road, also identified as being a portion of PID No. 00412189, be subject to the condition that, in addition to the requirements contained in Section 680(10)(d) of the Zoning By-law, the elevation of any disturbed portion of the site after excavation shall be no less than 50 metres above sea level. 276 BYLAW NUMBER CP 11071 A LAW TO AMEND THE ZONING BYLAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened as follows The Zoning Bylaw of The City of Saint John enacted on the nineteenth day of December AD2005 is amended by 1 Amending Schedule A the Zoning Map of The City of Saint John by rezoning a parcel of land with an area of approximately 2 hectares located at 304 Westmorland Road also identified as being PID No 55160113 and a portion of PID Nos 55183990 and 00415442 from RS 2 One and Two Family Suburban Residential to US Utility and Service classification pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act all as shown on the plan attached hereto and forming part ofthis bylaw IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal ofthe said City to be affixed to this bylaw the day of AD 2008 and signed by MayorMaire ARRETE N CP11071 ARRETE MODIFIANT LARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal The City of Saint John a decrete ce qui suit Larretesur le zonage de The City of Saint John decrete le dixneuf 19 decembre 2005 est modifie par La modification de 1annexeA Plan de zonage de The City of Saint John permettant de modifier la designation dune parcelle de terrain dune superficie denviron2hectares situee au 304 chemin Westmorland et portant le NID 55160113 et etant aussi une partie des NID 55183990 et 00415442 de zone residentielle de banlieue habitations unifamiliales et bifamiliales RS2a zone de services publiques US conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur 1urbanisme 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 2008 avec les signatures suivantes Common ClerkGreffiere communale First Reading April 14 2008 Premiere lecture 14 avril 2008 Second Reading April 14 2008 Deuxieme lecture 14 avril 2008 Third Reading Troisieme lecture 277 PLANNING AND DEVELOPMENT URBANISME ET DVELOPPEMENT REZONING REZONAGE Amending Schedule A of the Zoning ByLaw of The City of Saint John Modifiant Annexe A de IArretede zonage de The City of Saint John A y V a a y f y FROM DE TO A RS2 US i One and Two Family Suburban Utility and Service Zone residentielle de banlieue Zone de services publics habitations unifamiliales et bifamiliales Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur 1urbanisme Applicant Hughes Survey Consultants Inc for Saint John Energy Location 304 ch Westmorland Rd PIDsNIPs 55160113 and portions deet portions de 00415422 55183990 07PONW Drawn ByCreee Par David Couture Date DrawnCarte Creee April 16 avril 2008 Considered by PACconsidrepar le CCU April 8 avrll 2008 Enacted by CouncilApprouve par le Conseil Filed in Registry OfficeEnregistre le 278 SECTION 39 CONDITIONS - 304 WESTMORLAND ROAD RESOLVED that pursuant to Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approximately 2 hectares, located at 304 Westmorland Road, also identified as being PID Number 55160113 and a portion of PID Numbers 55183990 and 00415442, with an electrical substation be subject to the following conditions: a) The use of proposed Lot 07-1 on the submitted proposal is limited to an electrical substation; b) The site shall not be developed except in accordance with a detailed site plan, to be prepared by the proponent and subject to the approval of the Development Officer, illustrating the manner in which the substation will be screened from neighbouring properties; and further that, upon the rezoning, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. 279 BYLAW NUMBER CP 11072 A LAW TO AMEND THE ZONING BYLAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened as follows The Zoning Bylaw of The City of Saint John enacted on the nineteenth day of December AD 2005 is amended by 1 Amending Schedule A the Zoning Map of The City of Saint John by rezoning a parcel of land with an area of approximately 92 hectares located at 1060 Sandy Point Road also identified as being PID Nos 55165781 55173918 and 55159925 from B2General Business TH Townhouse RlA One Family Residential and RM1Three Storey Multiple Residential to B2 General Business RM1Three Storey Multiple Residential and TH Townhouse classification pursuant to a resolution adopted by Common Council under Section 39 of the Community Planning Act all as shown on the plan attached hereto and forming part of this bylaw IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this bylaw the day of AD 2008 and signed by ARRETE N CP 11072 ARRETE MODIFIANT LARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal The City of Saint John a decrete ce qui suit Larretesur le zonage de The City of Saint John decrete le dixneuf 19 decembre 2005 est modifie par 1 La modification de 1annexeA Plan de zonage de The City of Saint John permettant de modifier la designation dune parcelle de terrain dune superficie denviron92 hectares situee au 1060 chemin Sandy Point Road et portant les NID 55165781 55173918 et 55159925 de zone B2 zone de maisons en rangee TH zone residentielle habitations unifamiliales RlA et zone dedificesa logements multiples de trois etages RM 1 a zone Commerciale generale B2 zone dedificesa logements multiples de trois etages RM1et zone de maisons en rangee TH conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sur 1urbanisme 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 2008 avec les signatures suivantes MayorMaire Common ClerkGreffiere communale First Reading April 14 2008 Premiere lecture 14 avri12008 Second Reading April 14 2008 Deuxieme lecture 14 avri12008 Third Reading Troisieme lecture 280 DI AAIAl1A1l AAlrl rICVCI r1011ACA1T 1 IQQAAlIC11AC CT rlVCl1DDC1IICAIT REZONING REZONAGE Amending Schedule A of the Zoning ByLaw of The City of Saint John ModifiantAnnexe A de IArretede zonage de The City of Saint John l e s i FROMDE TOA B2 General Business B2 General Business Zone commercial generate Zone commercial generate RM1 Three Storey Multiple RM1 Residential zone dedificesa logements multiples de trois etages Three Storey Multiple Residential zone d edifices R1A One Family Residential logements multiples de trois et zone residentiellehabitations unifamiliales TH Town House TH Zone de maisons en rangee Town House Zone de maisons en rangee Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de Particle 39 de la Loi sururbanisme Applicant Terrain Group Inc Location 1060 ch Sandy Point Rd File PIDsNIPs 55164545 55165781 55173918 55159925 07N70NE Drawn ByCreee Par David Couture Date DrawnCarte Creee April 16 avril 2008 Considered by PAClconsiderpar le CCU April 8 avril 2008 Enacted by CouncilApprouv par le Conseil Filed in Registry OfficeEnregistr le iges 281 SECTION 39 CONDITIONS - 1060 SANDY POINT ROAD RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act: (a) commercial development occurring on the proposed “B-2” portion of Lot 08-1001, having an approximate area of 2.06 hectares (5.09 acres), also identified as PID No. 55165781, be subject to the following conditions: (i) The following land uses shall be prohibited: a beverage room, club or lounge, a gasoline bar, car sales lot or a mobile home or travel trailer sales lot, a repair garage or service station, a car wash and/or truck wash, or an office or parking area for a taxi business; (ii) Development shall be in accordance with a detailed site plan approved by the Development Officer illustrating an asphalt parking area and driveway enclosed by continuous concrete curbing; (iii) Development shall be in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer, including the installation of any necessary catch basins; (iv) All main buildings shall be serviced by municipal water and sewer and underground public utilities; (v) The façades of all main building shall be constructed in accordance with a detailed elevation plan approved by the Development Officer; (vi) All areas not occupied by buildings, parking areas and driveways shall be landscaped within six (6) months from the issuance of a building permit for the commercial development; (vii) There shall be no vehicular access constructed to University Avenue, and except as otherwise provided in the Section 101 Agreement (see below), that the existing treed area must remain undisturbed in the area governed by the Tucker Park Trust; and (b) residential development occurring on the remainder of the subject land, having an approximate area of 7.14 hectares (17.64 acres), be subject to a condition that any blasting be in accordance with a program developed with representatives of Canadian Blood Services (CBS), which among other matters will determine beforehand the exact times of blasting and acceptable seismographic impacts (if any) on the immediately adjoining CBS property at 405 University Avenue (PID No. 00437566). Further that upon rezoning the subject area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. 282 A BY-LAW TO AMEND A BY-LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRÊTÉ MODIFIANT L’ARRÊTÉ RELATIF À LA CIRCULATION DANS LES RUES DANS THE CITY OF SAINT JOHN ÉDICTÉ CONFORMÉMENT À LA LOI SUR LES VÉHICULES À MOTEUR (1973) ET LES MODIFICATIONS AFFÉRENTES Be it enacted by the Common Council of The City of Saint John as follows: Lors d’une réunion du conseil municipal, The City of Saint John a décrété ce qui suit : A By-law of The City of Saint John entitled "A By-law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto", enacted on the 19th day of December, A.D. 2005, is hereby amended as follows: Par les présentes, l’arrêté de The City of Saint John intitulé « Arrêté relatif à la circulation dans les rues dans The City of Saint John édicté conformément à la Loi sur les véhicules à moteur (1973) et les modifications afférentes », décrété le 19 décembre 2005, est modifié comme suit : 1 Schedule B – No Parking Anytime - is amended by adding the following words under the following headings: 1 L’annexe B – Interdiction de stationner en tout temps- est modifiée par l’adjonction des mots suivants sous les titres suivants : Street Side Limits Rue Côté Limites St. James Street South From the intersection Germain Street to a point located 22 meters west therefrom rue St. James Sud De l’intersection de la rue Germain à un point situé 22 mètres en direction ouest 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., 2008 signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le présent arrêté le _____ *** 2008, avec les signatures suivantes : _______________________________________ Mayor /Maire ______________________________________ Common Clerk/greffière communale First Reading - April 14, 2008 Second Reading - April 14, 2008 Third Reading - Première lecture - 14 avril 2008 Deuxième lecture - 14 avril 2008 Troisième lecture - 283 284 285 286 Strategic Decision-Making Model A Proposed New Governance Model for the City of Saint John Prepared by the Saint John Governance Project Team as part of the Vision 2015 Program August 2007 287 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model i Strategic Decision-Making Model Table of Contents SECTION I: Political Organization Council - Policy Committee System..............................................................................................................................1 Vision Context................................................................................................................................................................2 Understanding Policy.....................................................................................................................................................3 Strategic Decision-Making Model: Political Organization............................................................................................4 Roles & Responsibilities................................................................................................................................................4 Community (Citizens).............................................................................................................................................5 Council.....................................................................................................................................................................5 Councillors..............................................................................................................................................................6 Committee of the Whole.........................................................................................................................................7 Policy & Priorities Committee.................................................................................................................................7 Standing Policy Committees..................................................................................................................................8 Standing Committee Chair.....................................................................................................................................8 Chief Administrative Officer (CAO)........................................................................................................................9 Department Heads / Staff.....................................................................................................................................10 Agencies, Boards and Commissions...................................................................................................................10 Standing Committee Mandates...................................................................................................................................11 Committee Membership and Composition.................................................................................................................12 Chair and Vice-Chair Appointments............................................................................................................................13 Committee Membership Appointments.......................................................................................................................13 Termination of Standing Committee Appointments...................................................................................................13 Standing Committee Rotations....................................................................................................................................14 SECTION II: Decision-Making and Administrative Processes Strategic Decision-Making Process............................................................................................................................16 Access to the Decision-Making Process.............................................................................................................16 Consideration of Matters at Standing Committee Meetings...............................................................................18 Financial Controls: Budget Preparation and Adoption.......................................................................................18 Financial Controls: Budget Adjustments and Reallocations..............................................................................19 Consideration of Matters at Council Meetings....................................................................................................19 Dissemination of Council Referrals and Decisions.............................................................................................20 Meeting Schedules.......................................................................................................................................................20 288 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model ii Agenda Preparation and Distribution..........................................................................................................................21 Standing Committee Reports and Minutes.................................................................................................................22 Public Notification for Standing Committee Meetings................................................................................................22 Meeting Rules of Procedure........................................................................................................................................23 Public Presentations at Standing Committee Meetings.............................................................................................24 Public Correspondence...............................................................................................................................................25 Administrative Inquires.................................................................................................................................................26 Agencies, Boards and Commissions..........................................................................................................................26 Ad Hoc and Sub-Committees......................................................................................................................................27 SECTION III: Practicalities of Implementation Council Commitment for Standing Committees.........................................................................................................29 Meeting Frequency......................................................................................................................................................29 Public Access and Participation..................................................................................................................................29 Preparation for Council and Committee Meetings.....................................................................................................30 Transition to a New Governance Model.....................................................................................................................30 Education..............................................................................................................................................................30 System Interpretation...........................................................................................................................................31 Respecting Governance Roles and Outcomes...................................................................................................31 System Evolution..........................................................................................................................................................32 Relationship to ABCs and Existing Committees of Council.......................................................................................32 Additional Funding Requirements...............................................................................................................................33 Administrative Staffing..........................................................................................................................................33 Planning Resources.............................................................................................................................................33 Public Notice, Awareness, and Education..........................................................................................................33 Meeting Locations.................................................................................................................................................34 By-law and Legislation Changes.................................................................................................................................34 SECTION IV: Conclusion .......................................................................................................................................................................................35 SECTION V: References .......................................................................................................................................................................................36 289 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model iii SECTION VI: Appendices Appendix A: Strategic Decision-Making Model for the City of Saint John................................................................38 Appendix B: Strategic Reference Model for the City of Saint John...........................................................................39 Appendix C: Sample Standing Committee Meeting Schedule..................................................................................40 290 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model iv Reader’s Guide The purpose of this document is to present a working strategic decision-making model that will form the basis for the City’s new governance system. The model is defined by processes (how the system works in making decisions) and structure (how the components of the system are organized). Process and structural recommendations are presented in the left hand column of the document. The rationale for a number of the recommendations presented in the proposed model is provided for in the right hand column in italics. 291 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 1 SECTION I: Political Organization Council - Policy Committee System The system being proposed for the City of Saint John is based on a Council – Policy Committee structure. The complete Strategic Decision-Making Model is illustrated in Appendix A. In this form of governance, Council establishes a limited number of standing committees that are responsible for developing, reviewing, and interpreting policy and evaluating the performance of those policies once they have been implemented. These policies will guide Council’s decision-making in translating the Community’s vision into a reality. Each Standing Policy Committee (SPC) recommends policy to Council, who in turn makes the final decision. Initially, several basic principles of good governance were used in the development of the proposed model. More detail on these principles can be found in Table 1 on the following page. The principles of good governance are important as they guide decision- making. The principles presented are well established and have stood the test of time. A committee structure that satisfies these principles will not only enable, but will also support good governance for the citizens of our community. In addition to the principles of good governance, two other principles were used in the development of the proposed model. · Council’s role as a decision-making body is one that is focused on policy and setting the strategic direction for the community versus the Administration’s responsibility of implementing policy and delivering the services required to achieve strategic goals. · Making the necessary connections between the community’s vision and goals, Council’s strategic outcomes, and the day-to- day operations of the City as illustrated in the Strategic Reference Model (Appendix B) developed for the City of Saint John to guide the Vision 2015 process. The benefits or desired outcomes from the implementation of the proposed model are set out in the right hand column. Benefits of a Council-Policy Committee Form of Governance Focuses effort on policy issues rather than on matters of administrative detail specific to individual departments; reinforcing the governance role of Council. Creates a more meaningful role for Councillors; allowing them to exercise leadership in their field of expertise or interest in developing policy that will have a positive impact in the community. Creates a more effective decision- making process through the alignment of policy development with planned community outcomes that are designed to help the community achieve its vision. Improves the effectiveness and efficiency of service delivery through better coordination of resources as a result of aligning services with planned community outcomes; ensuring citizens realize value for money. Improves Council’s decisions with better analysis and understanding of policy issues through a balanced division of workload and more informal, coordinated, and collaborative debate of issues. Provides a forum for better public participation in strategic decision- making; improving responsiveness to the needs and concerns of citizens. Improves accountability and transparency with greater public participation in the decision- making process; working toward a common purpose; and defining performance responsibilities. Principles of Good Governance Ÿ Democratic Ÿ Accessible and Representative Ÿ Strategic Vision Ÿ Responsive and Effective Ÿ Accountable Ÿ Efficient Ÿ Transparency Ÿ Equity Ÿ Rule of Law 292 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 2 Table 1: Five Principles of Good Governance Principles of Good Governance Context1,2,3 1. Legitimacy & Voice Democratic: Mediates differing interests to reach a broad consensus on what is in the best interest of the entire community. Accessible and Representative: All citizens have a voice in decision-making; making their views known to those elected and having the elected officials act on their behalf. 2. Direction Strategic Vision: Leaders and the public have a broad and long-term perspective on good governance and sustainable community development, along with a common understanding of what is needed in the community. 3. Performance Responsive and Effective: Local government exists to service the citizen and to provide him or her with a better life by addressing community needs and concerns. Efficient: Meeting the needs of the community while making the best use of resources. 4. Accountability Accountable: Local government is answerable to the citizens for its decisions and actions, or lack thereof. Transparency: Based on the free flow of information, citizens have access to the facts, issues, debate and vote on all legislative matters before Council, allowing them to evaluate the performance and responsiveness of the elected. 5. Fairness Equity: All citizens have the ability to maintain and improve their well-being. Rule of Law: Legal frameworks must be fair and enforced impartially in order to protect the citizen against possible excesses of authority by government officials. Vision Context Vision 2015 is a plan for continuous improvement, for both the community and the organization. The goal is to allow the City to transform how it operates by effectively and efficiently responding to public needs, while improving accountability and transparency in local government. The achievement of effectiveness, efficiency, accountability, and transparency goals starts with a vision for the community. Community visions are developed and owned by the community. Public participation in the visioning process provides a basis for the development of a shared vision that will guide the community as it identifies goals for Saint John - goals that will contribute to realizing the vision. A community owned vision fosters continuity in decision- making as political and administrative changes occur. Supporting the Vision 2015 process is the Strategic Reference Model adapted for the City of Saint John. The expanded model can be found in Appendix B. 1 J. Graham, B. Amos, T. Plumptre, Principles of Good Governance for the 21st Century, Institute on Governance, August 2003. Page 3. 2 McGregor, Dawson and McGregor, Democratic Government in Canada, University of Toronto Press, 1971. Pages 3-12. 3 K. Antoft, J. Novak, Grass Roots Democracy, Local Government in the Maritimes, Hensen College, Dalhousie University, Halifax, 1988. Page 155-157. A vision is a description of what a community’s success will look like at some point in the future. It is an expression of the hopes and dreams of the community, highlighting what the public values and their needs. Vision Outcomes Services 293 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 3 The proposed model is very much anchored in the achievement of a vision for the community. Council’s role as a decision-making body is to focus on policy and set the strategic direction that will guide the Administration and the community in the achievement of the vision and related goals. It is Council’s responsibility to identify its priorities for the community based on the vision and goals developed by the community. Priorities will evolve over time. Standing Committees provide leadership in developing and recommending strategic outcomes to Council that will contribute to the achievement of desired changes in the community. Outcomes are the intended results that will contribute to the achievement of community goals and ultimately the vision. More than one outcome may be required to achieve any given community goal. Planned outcomes will evolve as results are realized. Standing Committees are also the access point for citizens; a forum to raise matters of concern in the community. Council and committees use this input from the public in their decision-making, more specifically in the development of policy required to address the needs of the community and make the vision a reality. As a response to the strategic directions set by Council, the City (as a Corporation) delivers services within the policy framework that directly contribute to the achievement of community outcomes - the outcomes that will help the community realize its vision and goals. Simply put, there is a direct link between the services provided and what the public values. Various stakeholders have a leadership role in defining and achieving the community’s vision and goals. Understanding Policy Policy may be defined as a governing principle, plan, or course of action that guides or influences future decisions.4 Council makes public policy decisions; others perform the administrative task of implementing those policies. Legislative bodies are most effective and successful when they focus on strategic functions that guide the future of their communities. 4 Municipal Research & Service Centre, Local Government Policy Making Process, February 1999, Report No. 45. Page 2. A community owned and developed vision is a true reflection of the things that matter to Saint Johners. An outcome is an end-result that brings about a desired change in the community based on the public’s needs. Vision & Goals Outcomes Services Priorities Community Council Standing Committees Administration 294 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 4 Committee of the Whole Council Common Clerk Treasurer City Solicitor Policy & Priorities Committee Standing Policy Committee Standing Policy Committee Standing Policy Committee Standing Policy Committee Governance Function Administrative Function Administration Chief Administrative Officer (CAO) Table 2: Examples of policy versus administrative responsibilities. Policy Administration Adopt a budget and set a tax rate. Propose a budget. Spend within budget limits Adopt the community’s vision and goals in order for Council to set its strategic direction. Delivery of services in support of Council’s strategic direction in support of vision achievement. Adopt policy allowing or prohibiting off-street parking. Enforce the terms of the parking policy. Strategic Decision-Making Model: Political Organization The political organization of the proposed governance system as illustrated in Figure 1 is comprised of: · Council · Committee of the Whole · Policy & Priorities Committee · Four (4) Standing Policy Committees Council Committees A limited number of Standing Policy Committees with broader mandates supports a more integrated, strategic approach to decision-making and promotes better policy coordination; focusing Council’s effort on policy issues (i.e., purchasing policy) rather than on matters of administrative detail (i.e., type of vehicle). A limited number of Committees also ensures time commitments for Members of Council, staff, and other resources are manageable. Figure 1: Political organization of the Strategic Decision Making Model Roles & Responsibilities A clear understanding of roles and responsibilities for Council; Committee of the Whole; Policy & Priorities Committee; Standing Policy Committees; Standing Committee Chairs; the Chief Administrative Officer (CAO) / staff; agencies, boards and commissions (ABCs); and the public is better achieved with the A municipal government, whether it uses a committee system or not, cannot be effective without a common understanding of the role of each participant and a shared sense of 295 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 5 development of a comprehensive set of Terms of Reference. A number of stakeholder roles and responsibilities have been provided in this report to aid in the development of these Terms of Reference. purpose. The success of a Council-Policy Committee system also requires a mutual respect for the roles of all stakeholders that participate in the strategic decision-making process. Community (Citizens) The community’s role in the proposed system is to ensure that Council is effective in its decision-making in terms of addressing the needs of the public. Citizens must have an opportunity to actively participate in the process and to raise matters of concern within the community. Citizens are responsible for: · electing the Mayor and Councillors to public office; · running for public office (if they so choose); · participating in the development of a vision and goals for the community; · participating in the strategic decision-making process by raising matters of public concern to Standing Committees; and · monitoring the progress of Council in their plans to achieve a vision for the community and holding Council accountable for their decision and actions or lack thereof. Effective decision making by Council requires input from the community. Citizens must have a voice in the process so that their needs are adequately expressed; ensuring that elected officials have the ability to represent the best interests of the entire community. Council Council’s role is that of a decision-making body focused on policy development. Setting a strategic direction for the community and supporting the achievement of desired outcomes required to realize a vision for Saint John are its priorities. Council is fully accountable to the citizens of the City of Saint John for the results of its decisions and actions. Council’s responsibilities include: · making final decisions on all matters related to policy; approving new and/or amending by-laws; and adopting operating and capital budgets that consider the welfare and interests of the entire municipality; · identifying strategic directions in terms of priorities for the City of Saint John designed to achieve a vision for the community; · providing clear mandates for Standing Committees and clear direction for the Administration; · delegating appropriate decision-making authority to Standing Committees and the Administration; · monitoring the performance of Standing Committees and itself to The Municipalities Act makes a clear distinction between the policy making role of Council and the administrative role of staff [Section 36(2.1)]. “A Councillor of a municipality shall …. c) Participate in developing and evaluating the policies and programs of the municipality.” Council’s role as a final decision- making body is based on the fact that as the elected body, it alone has the authority to make decisions, take action, adopt polices, and enact by- laws put forward on behalf of the electorate as defined by the Municipalities Act [Sections 4(3), 9(1), and 10.2(2.]). 296 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 6 ensure that the City’s priorities and goals are being achieved; · hiring and monitoring the performance of the CAO, and thereby the overall performance of the organization; · hiring and monitoring the performance of all staff roles that directly report to Council, including the Treasurer, Common Clerk and City Solicitor; and · appointing members to Council created civic agencies, boards and commissions, including those with quasi judicial decision- making powers; ensuring Council’s priorities are respected by the ABCs and that the goals of the respective ABCs align with established Council priorities. Councillors The primary role of Councillors is to fulfill their governance obligations as set out in the Municipalities Act. Councillors take on a leadership role with their active participation on Standing Committees in developing policy that will advance Council’s strategic directions and priorities. According to the Municipalities Act Section 36(2.1), a Councillor of a municipality shall; a) Consider the welfare and interests of the entire municipality when making decisions; b) Bring to the attention of Council matters that may promote the welfare or interests of the municipality; c) Participate in developing and evaluating the policies and programs of the municipality; d) Participate in meetings of Council, Council Committees and any other body to which he or she is appointed by Council, and e) Perform any other duties conferred upon him or her by this or any other Act or by Council. Other responsibilities of Councillors include: · fulfilling their obligation to participate in assigned Standing Committees; · preparing for Standing Committee meetings to ensure they are effective and efficient in the decision-making process with respect to the Committee’s recommendations to Council on policy matters; and · respecting the roles of all stakeholders in the decision-making process including Council, Committee of the Whole, Standing Committees, and Standing Committee Chairs. Statutory obligations as set out in the Municipalities Act define the governance role for Councillors. An effective governance role will preclude the participation of Councillors on agencies, boards and commissions, with the exception of those with legislative requirements (e.g., Planning Advisory Committee). 297 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 7 Committee of the Whole The Committee of the Whole’s role in the proposed system is that of a deliberative body comprised of all Members of Council meeting as a Committee, chaired by the Deputy Mayor. Policy matters that are complex and/or require the attention of all Members of Council are referred to Committee of the Whole. Committee of the Whole’s responsibilities include: · developing, reviewing, and interpreting Council’s strategic priorities; · recommending operating and capital budgets; · considering policy matters that fall within two or more mandates defined for Standing Policy Committees; · generating reports that present recommendations to Council for its consideration; · providing direction to the Officers of the Corporation; · carrying out decision-making authority delegated to the Committee by Council; · providing an open forum for public participation and detailed discussion as part of the City’s decision-making process as the Committee is a key access point for citizens and other stakeholders; and · addressing public correspondence and requests. Although all Members of Council are meeting, Committee of the Whole has a different mandate and authority than Council. Only Council at a formal meeting can deal with the award of contracts, adoption or amendment of by-laws, and public hearings. Committee of the Whole allows for the consideration of matters in greater depth in a less formal environment. Its role is to make recommendations on the matters described above. Many complex policy issues requiring the attention of all Members of Council will be debated within the Committee system. Committee of the Whole provides a good mechanism to discuss most, if not all, of these major issues in an open, public forum. Examples of policy issues that might be discussed in Committee of the Whole include the consideration of a ward system; capital and operating budgets; and development related to pipelines. Policy & Priorities Committee The Policy & Priorities Committee’s role as a coordinating body is to ensure collaboration and consistency in decision-making across all Standing Policy Committee mandates in working toward a shared vision for the community. Policy & Priorities Committee responsibilities include: · providing direction and ensuring co-ordination between related policies, strategic directions, and services in working toward a shared vision for the community; · making recommendations to Council related to governance policy and structure; financial planning and budgeting; fiscal policy including revenue, debt, and tax policies; audits; appointment of auditors; intergovernmental matters; Council and its operations; human resources and labour relations; and other administrative/policy functions related to the operations of the Corporation; · evaluating the impact (effectiveness) strategic policy decisions Many Canadian municipalities that employ a Council-Committee system have recognized that policy development in one area largely affects the implementation of policy in other areas, therefore they have found it necessary to create a coordinating body to ensure that all service areas are collaboratively working towards a common vision for the community. The proposed mandate and responsibilities for the Policy & Priorities Committee will allow for the elimination of a number of existing committees (e.g., Nominating, Vision 298 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 8 have on meeting the needs of the community; · recommending appointments to Council; and · carrying out decision-making authority delegated to the Committee by Council. 2015) and will improve the efficiency of the decision-making process. Standing Policy Committees (4) The Standing Policy Committee’s (SPC) role in the proposed system is that of policy advisor. They have a leadership role in creating policy that will move the community forward in achieving its stated goals. Policy development, review, interpretation, and performance evaluation make up the primary function of a Standing Policy Committee. Although their focus is not on operational issues, other administrative responsibilities can be delegated to these Committees as the Council deems appropriate. Standing Policy Committee responsibilities include: · providing a forum for substantial debate related to the development, review, interpretation, and performance evaluation of policy and strategic directions within their respective mandates; · providing an open forum for public participation and detailed discussion with citizens as part of the City’s decision-making process; · making policy recommendations to Council and recommending priorities within the Committee’s mandate; · evaluating the impact (effectiveness) strategic policy decisions have on meeting the needs of the community; · considering reports from the Administration on implementing policy decisions within the Committee’s mandate; · carrying out decision-making authority delegated to the Committee by Council; and · promoting accountability and interaction within Council on behalf of the City’s agencies, boards and commissions. Standing Policy Committees play a leadership role in the decision-making process in the development of policy and strategic directions. The Municipalities Act defines Councillors as having a role to play in ‘developing the policies and programs of the municipality’. This mandate indicates a clear separation between policy and administration. The role and responsibilities of Standing Policy Committees in the proposed system reflect this separation of policy and administration. ‘Policy’ will be included in the title of each of the standing committees to reinforce the primary role of each committee - to develop, review, and implement strategic policy. Standing Committee Chair The Standing Committee Chair’s role in the governance system is to provide leadership to the Committee’s membership in developing policy within the Committee’s mandate that will help the community achieve its vision and goals. The Standing Committee Chair’s responsibilities include: · coordinating policy development across all Standing Committee mandates by being an active member of the Policy & Priorities Committee; · participating in agenda meetings to facilitate the efficient progress of Standing Committee meetings; · preserving order and decorum during Standing Committee The successful implementation and on-going operation of a Council- Policy Committee system requires strong leadership and guidance from the Committee Chairs to ensure that the system is working as intended and that the desired outcomes are achieved. A clear understanding of the Chair’s role in the system helps the Members of Council in these positions carry out their leadership responsibilities. Standing Policy Committees are not responsible for the day-to-day operations of the Corporation. 299 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 9 meetings; · making decisions on all questions of procedure during Standing Committee meetings and providing reasons for those decisions; · presenting the recommendations of their respective Standing Committee to Council at Council meetings on behalf of the Standing Committee; and · supporting the recommendations of their respective Standing Committee at Council. Chief Administrative Officer (CAO) The CAO’s role in the proposed system is to guide the Administration in the implementation of Council’s policies and strategic directions in support of the achievement of a vision for the community. The CAO’s primary responsibility is to lead the planning and coordination of the work of the Administration; making sure that the services delivered by the City contribute to desired outcomes for the community and ensuring accountability for those results. The CAO is responsible for the operation of the Corporation and accountable to Common Council. The CAO’s responsibilities include: · providing corporate leadership and direction to ensure that all City policies and services are effectively coordinated, implemented and delivered in a responsive manner, and reflect the overall strategic priorities of the City as defined by Council; · leading the organization in carrying out its executive and administrative responsibilities; · establishing a structure for the Administration that ensures the organization supports the achievement of Council’s priorities; · administering human resource and labour relation matters for all City employees, with the exception of those hired or appointed by Council; · providing direction to the Corporation / staff; · reviewing and reporting on the performance of the Administration; · providing recommendations to Council, Committee of the Whole, and Standing Committees to develop, guide, and achieve Council’s priorities and strategies; · advising and informing Council on policy issues, operations of the Administration, and the financial condition of the City; · preparing and submitting operating and capital budgets for Council’s consideration; · attending all meetings of Council and Committee of the Whole and ensuring appropriate staff presence at Standing Committee meetings; · addressing Council and any Standing Committee on any matter relevant to the function or administration of the City; · reviewing and approving all staff reports being submitted for A move to a Council-Policy Committee system from a pure Council-Manager system requires a refinement of the roles and responsibilities for the CAO. This is fundamental for both the Council and CAO if the working relationship is to be productive and expectations are to be achieved. The responsibilities outlined for the CAO are reflective of the statutory delineation of the ‘policy’ role of elected representatives and the ‘administrative’ role of staff. The CAO pursuant to the City Government Act 1936, has the “… control of and supervision over the heads of departments” and is responsible to Common Council for the efficient administration of these departments. The statute further provides that the CAO’s role with respect to control and supervision does not extend to the Common Clerk or to the City Solicitor or to the Commissioner of Finance. Each of these positions reports directly to Council and the Common Clerk and City Solicitor are responsible for the control and supervision of employees within their departments. 300 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 10 Council and/or Committee consideration; and · performing other duties as defined in relevant legislation and bylaws or as directed by Common Council. Given the pivotal role of the CAO between the elected officials and the Administration, the CAO has the right to attend all meetings of Council and its Committees. Department Heads / Staff The primary function of the Administration is to implement and enforce the policies adopted by Council through the effective and efficient delivery of services that contribute to the achievement of Council’s priorities and strategic directions. Staff also supports the decision-making process by providing input into the development of policy through the CAO. Administrative responsibilities include: · implementing and enforcing the policies and strategic directions adopted by Council; · delivering effective and efficient services; · preparing and submitting recommendations or information reports from the Administration through the CAO for Standing Committees to consider in the development of policy; · responding to administrative inquiries and public correspondence; · attending any Standing Committee meeting in which they have a recommendation or report on the agenda as directed by the CAO; · addressing all questions directed to them through the CAO during Standing Committee meetings; and · reporting through the CAO on the performance of their service responsibilities. The responsibilities outlined for the Administration are reflective of the statutory delineation of the ‘policy’ role of elected representatives and the ‘administrative’ role of staff. Agencies, Boards and Commissions (ABCs) The purpose of an ABC is to deliver and administer service on behalf of the City. As a service provider the primary function of an ABC is to implement and enforce the policies adopted by Council through the effective and efficient delivery of services that contribute to the achievement of Council’s priorities and strategic directions. Given that City ABCs are created by Council, they are directly responsible to Council. In the proposed system, ABCs will interact with Council through one or more of the Standing Policy Committees. In support of the decision-making process ABCs provide input into the development of policy to a Standing Committee according to the Committee’s mandate and the nature of the recommendation. The responsibilities outlined for the City’s ABCs are reflective of the statutory delineation of the ‘policy’ role of elected representatives and the ‘administrative’ role of staff. 301 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 11 ABC responsibilities include: · implementing and enforcing the policies and strategic directions as determined or directed by Council to ensure the achievement of the community’s vision; · delivering effective and efficient services; · preparing recommendations or information reports for the appropriate Standing Committee to consider in the development of policy; · regular reporting on the alignment of strategic direction, service activities, and performance to the Standing Committee where their service responsibilities fall within the Committee’s mandate; · complying with legislative responsibilities (i.e., budgets, financial statements); · attending any Standing Committee meeting in which they have a recommendation or report on the agenda or where their service responsibilities fall within the Committee’s mandate; and · addressing all questions directed to them during Standing Committee meetings. Standing Committee Mandates Each standing committee will operate and make recommendations to Council on policy within a specified mandate. Mandates specific to the proposed governance model will not be presented within this report. Proposed standing committee mandates will be the subject of a separate report. A number of options exist (or combination of options) in the development of committee mandates, each with their own positives and negatives. The following are possible options that will be evaluated and presented in the Standing Committee Mandate report: 1. Departmental Alignment: A standing committee is created for each of the major City departments. The committees make recommendations on the services and operational responsibilities undertaken by their respective departments. 2. Service Based Alignment: Standing committees are organized around meaningful and easily understood clusters of service responsibilities. Essentially services with similar goals are grouped together to form a mandate (i.e., all services responsible for public safety would likely fall under the same committee Considerations in developing committee mandates include: · Ensuring Council’s decision-making contributes to the achievement of the community vision. · Ensuring a balance in workload among all committees. · Providing a supportive and collaborative working environment. · Provide meaningful opportunities for public participation into the decision-making process. · Avoiding duplication of effort. · Avoiding conflicting roles and responsibilities. · Avoiding the creation of decision- making silos. Mandates are broad statements that define the purpose and authority (sphere of jurisdiction) of a committee. The mandate guides the Committee in its decision-making (with respect to recommendations) in helping the community realize its vision. 302 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 12 mandate). 3. Sustainability Needs: A standing committee is created to contribute to each of the basic needs identified in the Earth Charter (EarthCAT) that exist within a sustainable community including: good governance, social well-being, a vibrant local economy, effective and efficient services and infrastructure, and a healthy environment. In achieving a sustainable community, standing committees make recommendations that find a balance amongst each of these needs to ensure that the decisions of today do not adversely affect the needs of future generations. 4. Outcome Based: A standing committee is created to contribute to one or more strategic outcomes or priorities adopted by Council that are designed to help achieve a vision for the community. An outcome is a broad based goal that directly addresses one or more needs in the community. Committee Membership and Composition Only Members of Council can be appointed to Standing Committees; emphasizing Council’s accountability to its citizens and responsibility for outcomes by ensuring their decisions effectively address the things that matter to Saint Johners. Reinforces Council’s governance role to set the strategic direction for the community that is required to achieve a vision for Saint John. The Mayor is an ex-officio member of all Standing Committees. With that the Mayor has all the privileges of Committee membership, excluding the right to vote and is not counted in determining the number required for quorum or whether a quorum is present. Providing the Mayor an opportunity to vote on a recommendation could potentially override the decision- making authority at Council, compromising the decision-making of Council. In a case where the recommendation is fully supported by the Committee membership (5), the Mayor could potentially cast the deciding vote at a Council meeting if all of the other Members of Council did not vote in favor of the recommendation. Committee of the Whole: Consists of all Members of Council. The Deputy Mayor acts as the Chair, fulfilling the Chair’s responsibilities and actively participating in the decision-making process . Changing the Chair makes a clear distinction between Council meetings and those of the COW; also allows the Mayor to participate more fully in the debate. 303 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 13 Policy & Priorities Committee: Consists of the Chairs of the four Standing Policy Committees and the Mayor who is the Chair of the Committee. Committee composition is designed to ensure that there is coordination in policy creation that will help the City achieve its vision. Standing Policy Committee: Each Committee consists of five (5) Members of Council of which one Member is appointed the Chair. Committee composition is designed to balance the workload across all Members of Council and to ensure an adequate number of Members for quorum at Committee meetings. Chair and Vice-Chair Appointments The Mayor appoints the Chair for each of the Standing Policy Committees. A Member of Council can only chair one Standing Policy Committee at any given time. A Member of Council cannot Chair the same Committee in two (2) consecutive rotations. The Vice-Chair for each Standing Committee is elected from amongst the Members of the Committee. The Mayor provides leadership by ensuring each Committee aligns itself to achieve the community’s vision. Successful implementation of a new governance model requires strong Chairs to lead their respective Committees. Limitations on Chair appointments provide opportunities for a number of Members of Council to act as a Chair of a Committee. Committee Membership Appointments Members of Council make an ‘Expression of Interest’ to the Committee of the Whole. The Committee of the Whole recommends appointments to each of the Standing Policy Committees. In determining these appointments, the Mayor will have already made his/her Chair appointments. The recommendation is presented to Council at the next scheduled Council meeting for its consideration. Standing Policy Committee membership recommendations are approved by Council. Allows Council as a whole to take a leadership role in the operation of the governance system. Termination of Standing Committee Appointments Termination of Committee Member Appointments Members of Standing Committees who fail to attend three successive regular or special meetings, without being authorized to The success of any governance system is its ability to make effective and efficient decisions and the commitment of individual Members of 304 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 14 do so by the Committee, will have their membership terminated. Reception of a written notice of regret by the Committee Member will constitute authorization for absence at Committee meetings. The Chair can also make a recommendation to Council with respect to the termination of membership for any Committee Members: · that are not working within the mandate defined for the Committee; or · neglecting or refusing to give proper attention to matters before the Committee. Council will appoint a replacement for the Committee position left vacant by the termination of membership. Termination of Chair Appointments The Mayor can recommend the termination of a Committee Chair appointment to Council when the Chair neglects or refuses to: · call meetings of the Committee when required to conduct the business of the Committee; · conduct the business of the Committee in accordance with its decisions or actions; · participate on the Policy & Priorities Committee; or · work within the mandate defined for the Committee. Committee Members can also make a unanimous recommendation to the Mayor for the termination of a Chair appointment for the reasons defined above. The Mayor recommends to Council the termination and replacement of a Chair’s position on any of the Standing Policy Committees. Council to making the system work. When problems arise that impede the system’s ability to function and work as intended, there needs to be a mechanism in place to ensure Committee membership is appropriate. Successful operation of the system requires stability; therefore, termination of Chair or committee appointments should be a rare occasion. Standing Committee Rotations Committee membership for the Policy & Priorities Committee and Standing Policy Committees is rotated every two (2) years. Committee chairs are also rotated every two (2) years, consistent with the rotation of Committee membership. Two (2) Members of Council will remain on the Committee, while three (3) new members are added. An example of a possible configuration of committee members can be found in Table 3. Rotation of Members occurs at the mid-way point of Council’s term (i.e., June) following the same procedures identified for Committee Periodic rotation is more equitable, providing more opportunities for Members of Council to sit on a SPC of their choice and/or to act as chair. Rotation ensures new ideas are constantly being considered in policy development. Rotation also helps Members of Council develop more experience in a number of strategic areas of the 305 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 15 appointments. Ability interest and continuity will be key considerations in the Committee Rotations community. Keeping two (2) Members on the SPC provides for continuity in decision- making, especially for complex issues that span the two year rotation. Table 3: Possible configuration of Committee Members 1st Rotation SPC Members of Council 2nd Rotation SPC Members of Council A 1 2 3 4 5 AA 1 5 7 8 9 B 6 7 8 9 10 BB 2 3 4 6 10 C 3 4 5 6 7 CC 1 3 7 9 10 D 1 2 8 9 10 DD 2 4 5 6 8 306 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 16 Administration (staff prepares Administrative recommendations / information that are approved and/or amended by the City Manager) (Council committee / ABC / public / other stakeholders with information / referral / decisions (staff through the City Manager) (refers recommendations appropriately according to mandate and decision-making authority) Council Committees (prepares Committee recommendations that approves and/or amends Administrative recommendations and considers public input) City Manager Departments Head(s) Citizens ABCs Other Stakeholders Common Clerk Common Council Standing Policy Committee Committee of the Whole Policy & Priorities Committee (makes final decisions and/or amends Council Committee / Administrative recommendations ) Members of Council (refers back to) SECTION II: Decision-Making and Administrative Processes Strategic Decision-Making Process The strategic decision-making process describes the route by which matters enter and flow through the system, generally outlining how final decisions are made by Council. The process also describes the interactions between the political and administrative components of the system. More detailed information on specific processes will be contained under their own heading. Figure 2 shows a graphical representation of the strategic decision-making process. Figure 2: Strategic decision-making process. Access to the Decision-Making Process The access point to the decision-making process is a Standing Committee. For matters that are considered to be an emergency and will be adversely affected by the timing of the process, these matters may be referred directly to Council. All matters to be considered by Council or a Standing Committee are submitted in writing to the Clerk. The Clerk refers each matter to Council or the appropriate Standing Committee agenda for the next The Clerk plays a central role in directing information and recommendations through the system. This is consistent with a number of responsibilities set out in the City of Saint John Procedural By- law for the Clerk. 307 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 17 scheduled meeting. Referrals are made according to decision- making authority and Standing Committee mandate. Matters to be considered by a Standing Committee come from Members of Council, the Administration, the City’s agencies, boards and commissions, citizens, and other stakeholders (i.e., community organizations). There may be instances when the Administration through the CAO or other Officers directly deals with Council. With respect to Members of Council: · Members of Council can make administrative inquiries through the Chair to the CAO at a regular scheduled Council or appropriate Standing Committee meeting. · Members of Council can bring items of a policy nature forward to a Standing Committee meeting. · Members of Council may submit matters of public concern for consideration at a Standing Committee meeting. With respect to the City Administration: · Staff prepares recommendations and information reports from the Administration and provides policy related advice for Standing Committees to consider. · The CAO reviews, amends and/or approves all recommendations and reports from the Administration. · Municipal Officers appointed by Council will continue to report directly to Council as required. · Staff responds to matters of public concern through the CAO. With respect to the City’s agencies, boards, and commissions: · ABCs will access the Council through the various Standing Policy Committees. · Progress, issues, and recommendations are presented to one or more Standing Policy Committees depending on the nature of their presentation and the mandate of the Committee. · ABCs prepare policy recommendations and information reports for Standing Committees to consider. · ABC's prepare reports for Standing Committees on their operational plans, outcomes, issues, concerns, challenges and opportunities within their respective mandates. · ABCs submit their strategies to ensure alignment with Council’s priorities. With respect to public participation: · Citizens and organizations can raise concerns, submit correspondence, or make a presentation to a Standing Committee on any issue that falls within the mandate of the Committee. · A Standing Committee may choose to make a recommendation to Council that a public presentation be made to Council. · Citizens and organizations can also provide input into policy development by dealing directly with the Administration or one of Among the access points to the Council-Policy Committee system, it is important to note the inclusion of the public in the decision-making process. 308 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 18 the City’s agencies, boards or commissions. Public participation improves accountability and transparency in decision-making, while ensuring that service delivery is effective in its responsiveness to public needs. Consideration of Matters at Standing Committee Meetings All matters of a policy nature are first considered by a Standing Committee. Prior to a Standing Committee meeting, the Committee Chair meets with the Clerk and the CAO to review procedural matters that are relevant to the Chair as well as the agenda and supporting documentation to determine if all relevant information required to make an informed recommendation to Council is provided. Staff is given an opportunity to provide this information before the meeting. During a Standing Committee meeting, informal debate is conducted to review CAO recommendations and reports. Correspondence or presentations from the public, ABCs, and other interested parties are also considered. Standing Committees under their mandates can: · approve Administrative recommendations for Council Consideration; · amend and approve Administrative recommendations for Council Consideration; · submit their own recommendations; or · refer recommendations back to staff through the CAO or an ABC through the Clerk for further analysis and information. Committee decisions on policy matters are presented to Council in a Committee report in the form of Standing Committee recommendations. Agenda meetings support an effective and efficient decision-making process; ensuring that substantial policy debate occurs before being presented at Council for a final decision. The informality of Standing Committee meetings encourages more public participation; ensuring the public is engaged in the decision- making process - allowing Council to be more responsive to public needs. Referrals for further information and analysis from staff are made through the CAO. Staff is responsible to the CAO. Financial Controls: Budget Preparation and Adoption Committee of the Whole is responsible for directing the development of operating and capital budgets. In developing the budgets, the Committee of the Whole: · provides direction to the Administration (through the CAO) with budget guidelines and considerations; · considers the recommendation of the CAO on a proposed operating and capital budget (the City Treasure may prepare the budget documents on behalf of the CAO with input from staff that considers priorities and long-term planning); · considers recommendations from the Policy & Priorities 309 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 19 Committee and Standing Policy Committees related to long-term strategic planning; · hears from interested citizens and ABCs as deemed appropriate; and · makes a recommendation to Council as to the operating and capital budgets. Council adopts the budget the operating and capital budgets based on the recommendation from the Committee of the Whole. Financial Controls: Budget Adjustments and Reallocations Within the financial accountability framework, Standing Policy Committees make recommendations to the Committee of the Whole on matters related to: · their ability to spend on matters related to expenditures within the budget allocations; · relocation of funds within budgets and across operating and capital budgets; and · overspending of funds. Standing Policy Committee recommendations related to spending are considered by Committee of the Whole. After careful consideration of the recommendation by the Committee of the Whole, it can: · approve the recommendation for Council consideration; or · amend and approve the recommendation for Council consideration; · make and approve a new recommendation; or · refer the recommendation back to the Standing Policy Committee or Policy & Priorities Committee for further analysis and information. Consideration of Matters at Council Meetings Council makes all final decisions that fall within its statutory governance role and responsibilities. Council considers: · policy recommendations referred to it by a Standing Committee; · other matters that fall within its decision-making authority referred to it by the CAO and other Officers of the Corporation; and · all other matters that are legislated (e.g., land use planning, by- laws, appointments). Debate on policy matters can take place at Council meetings; however, this debate should be limited in that the questions should not involve a lengthy reconsideration of the matters Considered debate on Committee recommendations helps to eliminate rehashing of policy matters at the Council table; resulting in a more effective and efficient decision- making process. Council is not expected to rubber stamp committee recommendations. A lengthy reconsideration of a committee matter usually indicates that the matter should be referred back to the Committee for a more in- 310 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 20 than have been previously presented in the Standing Committee Report. Council under its decision-making authority can: · adopt Standing Committee and CAO recommendations; · amend and adopt Standing Committee and CAO recommendations; · refer recommendations back to a Standing Committee or ABC through the Clerk or to staff through the CAO for further analysis and information; or · direct matters to Standing Policy Committees and/or Officers of the Corporation for consideration and recommendations. depth review. Council's decision-making role and the deliberative role of the respective Committees must be respected. Dissemination of Council Referrals and Decisions Council decisions, referrals and information items are referred through the Clerk to the City’s agencies, boards, and commissions; citizens; and other stakeholders. Referrals and information related to municipal business are referred through the CAO to staff. Meeting Schedules Regular Scheduled Meetings The Committee of the Whole meets on the alternate Mondays to regular Council meetings. The Policy & Priorities Committee and each of the Standing Policy Committees meet once a month according to the following schedule: Policy & Priorities Committee: Mondays after every second Committee of the Whole meeting Standing Policy Committee 1: First Wednesday of each month Standing Policy Committee 2: Second Wednesday of each month Standing Policy Committee 3: Third Wednesday of each month Standing Policy Committee 4: Forth Wednesday of each month The Clerk creates meeting schedules for each Committee on an annual basis. Schedules are approved by the respective Committees. A sample schedule of meetings and administrative requirements, Manages meeting commitments of Members of Council; considering Standing Committees are focused on policy development. Provides for coordination of schedules for Council and Standing Committee meetings. 311 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 21 based on a two month cycle, is illustrated in Appendix C. Special Meetings Committees may schedule additional meetings by resolution or hold special meetings, but must give notice to all Members of Council and the public. Only business identified in the notice for the special meeting can be dealt with by the Committee. Meeting Times & Locations With the exception of Committee of the Whole meetings, Standing Committee meetings are held in the Council Chambers in City Hall, between 11:30 AM and 1:30 PM, unless otherwise decided by the Committee prior to the start of the meeting. Committee of the Whole meetings are scheduled by the Clerk and meeting times are advertised with the distribution of the agenda. Scheduled times will be strictly adhered to for all Standing Committee meetings, unless time extensions are approved by majority vote of the Committee. Additional meetings may be required to deal with time sensitive or emergency issues that arise within the mandate of a particular Standing Committee. Proposed meeting times coincide with the majority of lunch hours supporting the availability of Members of Council and the public. Working within time constraints fosters efficient debate of policy issues. Agenda Preparation and Distribution Meeting agendas for Standing Committees are prepared by the Clerk or a designate appointed by the Clerk. Administrative recommendations and reports, including those of ABCs and sub-committees, must be submitted to the Clerk on the Wednesday before noon prior to the scheduled date and time of the meeting for preparation of the agenda. Agenda meetings are held on the Friday (at 10:00 AM) prior to scheduled Standing Policy Committee meetings. The Chair, CAO, and Clerk discuss the Administrative reports on the agenda to highlight procedural issues and additional information that may be required for the Committee to make an informed decision. Standing Policy Committee agendas with supporting Administrative reports are distributed to all Members of Council on the Friday (before 4:30 PM) prior to the scheduled meeting date. Council, Committee of the Whole, and Policy & Priorities Committee agendas with supporting Administrative reports are distributed to all Members of Council on the Thursday (before 4:30 PM) prior to the scheduled meeting date. Note: If dates for agenda submissions, meetings and/or distribution Designated days of the week have been proposed for administrative deadlines related to Council and Committee meetings to minimize confusion as to agenda submission and distribution dates. Discussion of procedural matters and reports prior to the distribution of the agenda ensures that Committee Members have adequate information to make good decisions. Agenda packages are distributed to all Members of Council to provide Members with the information and adequate time to make final decisions at the Council meeting or if they wish to attend a Committee meeting in which they are not a member. The proposed scheduled will provide 312 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 22 fall on a holiday, the dates move back to the first business day available. The Clerk will notify all stakeholders of deadlines via e- mail at least one week prior to the change in dates. Table 4: Summary of administrative deadlines for agendas Agenda Submissions - All meetings Wednesday prior to meeting Noon Agenda Meeting - SPC agendas Friday prior to meeting 10:00 AM Agenda Distribution - SPC meetings - CC / COW / PP meetings Friday prior to meeting Thursday prior to meeting 4:30 PM additional time for Councillors to review and consider meeting agenda items. Standing Committee Reports and Minutes A Standing Committee report is generated for each Standing Committee meeting. The Clerk or designate prepares the Standing Committee report and minutes resulting from a Committee meeting for signature by the Committee Chair. Committee reports must be completed and signed before the agenda submission deadline of the next scheduled Council meeting. Committee minutes must be completed before the agenda submission deadline of the next scheduled Committee meeting. Standing Committee reports consist of Committee recommendations to Council and other decisions made by the Committee with some supporting information resulting from the debate. Committee recommendations are placed on the Council agenda by the Clerk under the signature of the Committee Chair. All Members of Council receive a copy of the Standing Committee report with the Council agenda package. All Members of Council receive a copy of Standing Committee minutes with the distribution of agenda information for the next scheduled Committee meeting. Prompt completion of Committee reports and minutes ensures that recommendations to Council are timely and efficient. Public Notification for Standing Committee Meetings Public notice for Standing Committee meetings is made by notifying the local media and by posting notice of the meeting on The City of Saint John website (www. saintjohn.ca) accordingly: · Regular Meetings: three (3) days prior to the date of the meeting. Consistent with the City of Saint John’s Procedural By-law. 313 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 23 · Cancelled or Reschedule Meetings: at least twenty-four (24) hours prior to when the meeting would have started. · Special Meetings: at least forty-eight (48) hours before the date and hour of the meeting. Meeting Rules of Procedure All meetings are open to the public as per the City of Saint John Procedural By-law and the Municipalities Act [10.2(3)]. The rules governing Standing Committees will be set out in the procedural by-law. In general the following provisions will apply. · The rules governing the procedure of Council meetings and conduct of Members of Council shall be observed in Standing Committee meetings so far as they are appropriate. · The Chair shall preside at each meeting. In the absence of the Chair, the Vice Chair will preside. In the absence of the Chair and Vice Chair, the Committee will elect a Chair from the Members present for the duration of the meeting. · No member shall speak more than once until every Member who wished to speak has spoken and then only to provide new information or seek clarification from the Chair, other Members, staff or delegations (i.e., the public).* · There is no limit to the number of times or length of time a Committee Member may speak to a motion.* · A Member of Council who is not a Member of a Standing Committee is encouraged to attend Standing Committee meetings and participate in the debate, however they: i. cannot be counted in determining a quorum; ii. cannot move on any motion or vote on any matter; and iii. can only speak for a total of five (5) minutes on any given matter. · The Chair may make motions, participate in the debate and vote on all motions without leaving the Chair.* · A quorum for any Standing Committee consists of the majority of its members.* · A motion is not required to be seconded.* · A motion to put the Previous Questions will not be permitted.* · Motions are passed with a majority vote of the Committee Rules marked with an asterisk (*) are consistent with the City of Saint John Procedural By-law under the section entitled Committee of the Whole procedure. All Members of Council are eligible to attend Standing Committee meetings and participate in the debate to aid Council in making better decisions (i.e., more knowledge and contributing ideas). Attendance of Members of Council who are not Committee Members at Committee meetings helps to eliminate duplication of debate at Council meetings. 314 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 24 Members present providing there is a quorum. · In the case of an equal division of votes, the Committee Chair does not have a second or deciding vote and the question will be deemed to have been decided in the negative.* Public Presentations at Standing Committee Meetings Public presentations include those from a citizen or organization(s). The public may make a presentation in a meeting of Committee of the Whole, Policy & Priorities Committee, or a Standing Policy Committee. A member of the public may not make a presentation to Council, unless required by legislation such as a public hearing or recommended by a Standing Committee. Requests and Submissions for Public Presentations Public presentations must relate to the Committee’s mandate and include: · responses to items on the agenda; or · prepared presentations on matters related to policy or those of public concern. Any person or organization wishing to make a presentation to a Standing Committee that is in response to an agenda item must submit a written request to the Clerk outlining the content and the likely duration of their presentation by 4:30 PM on the Monday prior to the meeting. Any person or organization wishing to make a presentation to a Standing Committee must: · submit a written request to the Clerk outlining the content and the likely duration of their presentation; and · present the submission to the Clerk by noon on the Wednesday prior to the date of the Committee meeting. The Clerk will direct the written requests to the appropriate Committee Chair. No person or organization shall be given permission to address a Standing Committee on any subject that is not within the jurisdiction of the Committee. A benefit of a Council – Policy Committee based system is the ability of the public to participate in the decision-making process . Making public presentations at Committee meetings ensures that the public is directly contributing to the policy recommendations that will shape the future of the community. Presentations not related to agenda items must be scheduled in advance (with the permission of the Committee) to ensure that Committee meetings are managed in terms of time and are relevant to the Committee’s mandate. Time limitations continue to be placed on public presentations to support the efficient progress of Committee meetings. Additional time for clarification is gained through the question and answer period. 315 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 25 Meeting Agenda The Standing Committee may decide by majority vote to allow persons or organizations (providing they have submitted a request by the deadline) to make their presentations when the particular agenda item is being discussed by the Committee. For presentations that are not related to items on the Committee’s agenda but are within the Committee’s mandate, the Committee will make a decision whether or not to hear from the delegation at a future Committee meeting. The Clerk will schedule the public presentation on a future agenda and notify the person(s) or organization wishing to make the presentation of the Committee’s decision. Time Limits Public presentations are limited to fifteen (15) minutes; however, there is no limit on the time for questions the Committee Members may have for the presenter. Presentations presented by more than one person must also stay within the fifteen (15) minute time limit. Public Correspondence Public correspondence submitted by Members of Council dealing with administrative or operational items is referred to the Clerk. For correspondence requiring a response, the Clerk refers the correspondence to the CAO to distribute to the appropriate City department. For responses required by an ABC, the Clerk will refer the correspondence directly to the appropriate organization. All public correspondence is listed as information items on the agenda for Committee of the Whole meetings with the action(s) taken and/or the actual response. A response must be provided to the citizen. Responses are referred and distributed through the Clerk’s office. During the Committee of the Whole meeting, Members of Council will be permitted a total of fifteen (15) minutes (collectively) to discuss public correspondence. Presentation and/or debate of administrative matters before Council or a Standing Committee slows down the decision-making process, compromising the effectiveness and efficiency of the system. To ensure that Members of Council have a forum to demonstrate they are responsive to public needs, time is permitted to discuss correspondence in Committee of the Whole. 316 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 26 Administrative Inquires An administrative inquiry is a written request from a Committee Member to the Administration through the Committee for the future provision of information or report related to policy development, review, interpretation, and performance evaluation. Administrative inquiries made at a Standing Committee meeting must be made to the Committee that would normally deal with the policy issue as defined by their authority and mandate. Administrative inquires cannot be made at Special Committee meetings. Administrative inquires must be made in writing and submitted to the Clerk by noon on the Wednesday prior to the scheduled meeting date and time to be included in the meeting agenda. The Clerk will immediately forward a copy of the written inquiry to the CAO. The CAO may answer verbally, in writing, or commit to providing a written response to the administrative inquiry during a subsequent Committee meeting. Standing Committees may give direction to the CAO only by resolution from the committee. The Chair and/or individual Members cannot give direction to the CAO or to employees of the City. Agencies, Boards and Commissions Agencies, boards and commissions (ABCs) deliver services on behalf of the City in support of effective and efficient service delivery. City ABCs are directly accountable to Council and interact with Council through one or more of the Standing Policy Committees as defined by Committee mandate. The mandate, authority, membership, and service outputs are defined in a Terms of Reference for each ABC. Membership appointment will continue to be carried out according to a defined procedure* and approved by Council. City ABCs are required to report to Council through the appropriate Standing Policy Committees at regular intervals to outline their activities and performance. The reports must indicate how the ABC is working within the policy, strategic directions, and priorities set by Council in working toward the achievement of a shared vision for the ABCs clearly serve a purpose within the governance framework defined for the City of Saint John. However, mechanisms must be in place to compel ABCs to work toward the strategic directions and priorities set by Council in order to achieve a common vision for Saint John. * The procedure currently used to make ABC appointments will continue to be used in the new system. 317 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 27 community. Budget allocations are dependent upon the submissions of these reports. ABCs contribute to the development of policy by submitting recommendations or information reports to Council through the appropriate Standing Committee. Ad Hoc and Sub-Committees Ad hoc Committees are created by Council to review and develop recommendations for special purposes (e.g., ward systems). The recommendations resulting from an ad hoc committee generally affect broad aspects of municipal government and the administration. Ad hoc Committees are accountable to Council. Sub-Committees are created by Standing Committees to review and help develop policy on specific matters that fall within a particular Committee mandate. Sub-committees report directly to the Standing Committee responsible for the work being carried out as defined by the Standing Committee’s mandate. Terms of Reference For each proposed ad hoc and sub-committee, a Terms of Reference is drafted outlining the purpose, authority, and intended deliverables of the sub-committee’s work. Appointments Membership appointments for sub-committees are made by the Standing Committee responsible for the sub-committee. Where applicable, the appointment process would follow the same procedures as defined for other civic agencies, boards and commissions. Membership for sub-committees is largely comprised of non-elected participants; however, Members of Council can request to be appointed if they so choose and it is practical. Appointees to ad hoc or sub-committees are not compensated for their service. Evaluation of Progress For sub-committees whose work extends beyond one year, the Standing Committee to which it reports must review the progress of the sub-committee and make a recommendation to Council as to the continued formation and work of the sub-committee. Given the complexity of some policy matters and the need for greater public input, sub-committees are created to provide Standing Committees with advice on policy development. When dealing with sub-committees it is important to follow a review process to ensure that the work of the sub-committee is relevant; eliminating the possibility for the duplication of work and facilitating better management of the governance structure. 318 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 28 Sub-committees must submit an annual progress report on their activities to the Standing Committee to which they report. Committee Dissolution Once the sub-committee has completed the work defined in its Terms of Reference, the sub-committee is dissolved. The same holds true for ad hoc committees. 319 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 29 SECTION III: Practicalities of Implementation Council Commitment for Standing Committees In addition to Committee of the Whole, Members of Council are required to participate on two (2) Standing Policy Committees. Appointed Chairs of Standing Policy Committees are required to participate on the Policy & Priorities Committee. Balances Committee workload across all Members of Council. Ensures collaboration and coordination of policy development across each Standing Committee. Meeting Frequency Under the proposed Council – Standing Policy Committee model form of governance the number of meetings that Members of Council will be required to attend will increase. The overall time commitment of Members of Council for attendance at Council and committee meetings will depend largely on the scheduling of meetings (i.e., once or twice a month for committee meetings); effective time management of both Council and committee meetings; and the possibility of reducing future requirements for appointments of Members of Council to agencies, boards, and commissions (ABCs). In addition to regular Council and Committee of the Whole meetings, Members of Council will be required to attend at least two Standing Committee meetings and possibly a third meeting if the Member is a Chair of a committee (i.e., Policy & Priorities Committee) each month. Disciplined management of Council meetings and a mutual respect for governance roles should not result in unnecessary debate of Committee recommendations, theoretically reducing the time required to conduct Council’s business. Although the commitment to attend Standing Committee meetings will increase, a reduction in commitments to attend ABC meetings should result in a reasonable time commitments. Public Access and Participation (Public Notice and Meeting Schedules) One of the benefits of moving to a Standing Committee form of governance is greater public participation in the decision-making process. In order to realize this benefit the public must have timely access to meeting agendas and the ability to attend and participate at committee meetings. Proper notice of matters to be discussed at committee meetings can be achieved by providing sufficient lead time on the publication 320 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 30 of meeting agendas through a variety of media streams. However, ensuring this lead time is available requires discipline and strict adherence of both Members of Council and the Administration in meeting designated deadlines for the submission of items for the agenda. Ensuring that the public has the ability to attend Council meetings will require a balance between the availability of Committee Members and the public. Consideration must be given to the fact that both Council and the public are typically unavailable during normal business hours due to work commitments. Preparation for Council and Committee Meetings Effective and efficient decision-making requires all Members of Council to be adequately prepared for both Council and Standing Committee meetings. Understanding the issues prior to the meeting, based on the information provided as part of meeting agenda packages, provides for more focused debate. Ensuring Members of Council are adequately prepared requires sufficient lead time in the development and distribution of agenda materials for Council and committee meetings. Strict adherence to submission deadlines for Administrative and Committee reports/recommendations is vital to ensuring that Members of Council can adequately prepare. Members of Council can also ensure they are adequately prepared for the decision-making process by reviewing reports and minutes to committees they are not a member of, and in some cases actually attend the committee meeting. Although attending additional meetings would increase time commitments, it would ensure that Council makes better, more informed decisions. This would be particularly helpful for complex or sensitive matters. Transition to a New Governance Model Given that there are a number of fundamental changes being proposed in the new governance model, in order to ensure successful implementation and operation of the system, all stakeholders must recognize there will be a period of adjustment. Education As with the implementation of any new system, there is a considerable learning curve for all those involved in the process. With respect to the proposed governance model, both Members of Council and the Administration will need to take adequate time to 321 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 31 understand and become familiar with the new system. Even with a proper orientation and practical experience, it will take a number of months before matters consistently start to flow smoothly through the system. In support of system implementation, an orientation program will need to be designed and presented to both Council and the Administration during the initial implementation and each time a new Council is elected. The program will highlight roles and responsibilities of all those participating in the system as well as the processes that support decision making. The program must be designed to meet the needs of inexperienced Councillors as well as those with experience in municipal governance. As the governance system evolves over time, the orientation program must be amended to reflect changes. Civic agencies, boards and commissions, as well as the public and various community stakeholders must also be educated on how to access and participate within the system. One of the goals in implementing a new governance model is to increase public awareness and participation in decision-making, therefore, changes made to the system must be seen as a benefit and not a barrier to public participation. System Interpretation Council must recognize that some of the matters that will be addressed within the system may be very complex or so unique there is no clear direction as to how the matter should flow through the system; highlighting the gray area that exists in our decision- making system. Committee chairs must work with the Administration to determine the best course of action to deal with such issues, without compromising the intended purpose of the system. The system must continue to focus on setting the strategic direction for the City in support of achieving a vision for the community. Respecting Governance Roles and Outcomes Regardless of the type of system designed to support Council’s decision-making process, the success of the system largely depends on the understanding and commitment of those that have a responsibility for making the system work – Members of Council and the Administration. Outlined in the model are the roles and responsibilities of each of the major stakeholders in the process. Mutual respect for these roles, particularly between Council and Standing Committees as Many municipalities report that achieving this level of respect is difficult; however, it is vital to ensuring a more meaningful role of the elected officials in supporting the community – particularly with respect to achieving the community’s vision. 322 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 32 well as Council (including Committees) and the Administration is paramount to the successful implementation and operation of the system. Respect must also be afforded to the processes that have been designed to support effective and efficient decision-making. These are processes that focus the attention of Council and its committees on strategic and policy matters, rather than on administrative detail. For some, this may represent a major shift in thinking with respect to decision-making. System Evolution In the initial implementation, it is recommended that no changes are made to the proposed model its first eight-teen (18) months of operation. After the first eight-teen (18) months of operation, the system should be evaluated and improvements recommended for Council’s consideration. Committee recommendations would come from the Policy & Priorities Committee under its mandate. Continued evaluation of the system must be undertaken to ensure the system is meeting its governance responsibilities. Regular review of system operations and recommendations for improvement must be made at scheduled intervals (e.g., at the half way mark of each term of Council). These improvements would address structure and process issues. As Council achieves their planned strategic outcomes or the needs of the community change, Council must consider a review of committee mandates and alignment, and make the appropriate recommendations that will ensure the decision-making process continues to support the achievement of a vision for the community. Each new Council will likely need to consider committee mandates as they set their priorities. However, interim changes many also need to considered. A moratorium on changes helps to avoid making incremental changes, without proper review and experience, which would negatively impact the operation of the system in meeting its intended governance goals. Relationships to ABCs and Existing Committees of Council Once the initial implementation of the proposed governance model is complete, consideration must be given to the requirement for ABCs and Committees of Council and/or their relationships with Council as they currently exist. The future need for each ABC will need to be addressed and an evaluation of each of the committees will determine which ones are redundant under the new structure. In considering the needs and relationship to ABCs and existing Committees of Council, the need for appointments of Councillors to 323 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 33 many of these entities must be reviewed. Those committees that are statutory in nature will still require Council appointments, however, new reporting relationships will preclude the need for Councillors to participate in ABCs and committee work given their roles as a Councillor and Standing Committee Member. Additional Funding Requirements The implementation of a new governance model will require additional funding requirements; both initially and in the long term. Administrative Staffing With the introduction of additional committee meetings, there will be an increase in the support required from the Administration, specifically in the Common Clerk’s Office. Support includes the preparation of agendas, minutes, committee reports, and attendance at meetings. Supplemental administrative staff will be required (Group 3 plus benefits). Depending on legislative requirements, additional costs may be incurred with the need for French translation. Planning Resources The effectiveness of the proposed system is dependent on Council’s commitment to vision achievement. A requirement for additional resources (internal or external) to support policy and planning activities (e.g., public consultation) of Council and its committees may be necessary. Public Notice, Awareness, and Education An increase in meeting frequency may result in increased advertising costs related to providing public notice of meetings (for methods other than the City’s website, which is not accessible to the entire public). Ensuring that the public is aware of the work that takes place during committee meetings, in support of transparency and accountability, may result in additional costs with a need for televised services or web broadcasting. Developing and distributing educational material for the public to help them better understand the benefits and goals of a new system, as well as how decisions are made and how they access the system will require funding ($25,000). 324 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 34 Meeting Locations At some point consideration must be given to a renovation of the Council Chambers. The configuration of the Chambers must better support the decision-making processes outlined in the model and reflect the roles and responsibilities of the participants. Initially, Committee meetings will need to be held in the Council Chambers due to the lack of adequate facilities to accommodate the public, staff, and media / broadcasting requirements. Renovations to an existing room or rooms will be required to address these issues. By-law and Legislation Changes The implementation of a new governance model will require changes in the City of Saint John’s Procedural By-Law. The structure and processes that define the system must be incorporated into the by-law. As part of revisions to the By-law, Council must also consider and adopt detailed Terms of Reference for each of the Standing Committees identified in the system. Revisions to the City Government Act may also be considered as it is outdated in many respects. 325 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 35 SECTION IV: Conclusion The Council-Policy Committee based model proposed for The City of Saint John provides Council with the basic building blocks to ensure good governance and decision-making and provides a framework to help the City achieve its strategic goals (i.e., desired outcomes). The system focuses Council’s decision-making on developing polices and evaluating the implementation of those polices. Transitionally, Council and its committees will need to operate without key policy and planning documents as these are developed in the context of the community’s vision.. The new Committee structure and governance processes must in the end stand up to careful scrutiny by the citizens it is designed to serve. If the resulting Committee system, ultimately adopted by Council, is in its structure and functioning, more democratic in its approach, more transparent to public scrutiny, more responsive to community needs and concerns, strong in accountability for its actions, grounded in the law, more accessible to citizens and interest groups, and/or ultimately more effective in its outcomes than the existing structure – we will have succeeded. 326 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 36 SECTION VI: References Alexander, W., Baxter, S., Glover, B., Kelly, D., Maurice, R., Westwater, D., and Wong, N., 1997. Developing a Council-Committee Structure for the New City of Toronto, City of Toronto. Antoft, K. and Novak, J., 1988. Grass Roots Democracy, Local Government in the Maritimes, Dalhousie University Halifax, pp 155-157. Cape Breton Regional Municipality:, 2006. Cape Breton Regional Municipality Resolution RC4 Committees, CBRM. City of Barrie, 2006. By-Law 1990-01, as amended To Govern the Proceedings of Council. City of Barrie. Last Revised Unknown. URL: http://www.city.barrie.on.ca/. Last Visited 10/12/2006. City of Calgary, 2005. A By-Law of the City of Calgary to Regulate the Proceedings of Council of the City and Its Committees, City of Calgary. City of Calgary. Last Revised Unknown. URL: http://www.calgary.ca. Last Visited 10/17/2006. City of Edmonton, 2004. City of Edmonton By-Law 12005 as Amended The City Administration By-Law, City of Edmonton. City of Edmonton, 2006. City of Edmonton By-Law 12300, As Amended Procedures and Committees By-Law, City of Edmonton. City of Edmonton (Office of the City Auditor)., 2007. City of Edmonton Governance Review, City of Edmonton. City of Edmonton, 2005. Edmonton - How Your Cit Works, City of Edmonton. City of Fredericton, 2004. A By-Law Respecting Administration and the City Council, City of Fredericton. City of Fredericton. Last Revised Unknown. URL: http://www.fredericton.ca. Last visited 10/419/2006. City of Guelph, 2006. A By-Law to provide rules for governing the order and procedures of the Council of the City of Guelph, City of Guelph. City of Hamilton, 2004. A By-Law to Govern the Proceedings of Council and Committees of Council, City of Hamilton. City of Hamilton. Last Revised Unknown. URL: http://www.hamiltoncatch.org/howcityworks.thm and http://www.hyhamilton.ca/myhamilton/CityandGovernment/CityDepartments/CorporateServices/Clerks/... Last Visited 10/6/2006. City of Kingston, 2002. A By-Law to Establish the Position of Chief Administrative Officer, City of Kingston. City of Kingston, 2004. By-Law No. 98-1 Council Procedural By-Law, City of Kingston. City of Kingston, 2004. By-law to define the composition and terms of reference for committees established by the Corporation of the City of Kingston, City of Kingston. City of Kingston. Last Revised Unknown. URL http://www.cityofkingston.ca/cityhall/committees/standing.asp. Last Visited 10/6/2006. City of London, 2004. Council Procedure By-Law, City of London. City of London. Last Revised Unknown. URLs: http://www.london.ca/Council/standcom.htm. Last Visited 8/23/2006. City of North Bay, 2003. Procedural By-Law, No. 2003-139, City of North Bay. City of North Bay. Last Revised 2007. URL: http://www.city.north-bay.on.ca/cityhall/council/. Last Visited 8/3/2007. City of Ottawa, 2003. By-Law No.2003-XX, City of Ottawa. City of Ottawa. Last Revised Unknown. URL: http://www.ottawa.ca/city_hall/mayor_council/index_en.html. Last Visited 8/23/2006. City of Port Coquitlam, 2004. By-Law No. 3435 A By-Law to Regulate the Procedure at Council Meetings for the City of Port Coquitlam, City of Port Coquitlam. City of Port Coquitlam. Last Revised Unknown. URL: http://www.portcoquitlam.ca/City_Hall/. Last Visited 10/12/2006. 327 Strategic Decision-Making Model for the City of Saint John Draft Version: August 3, 2007 Saint John Governance Model 37 City of Richmond, 2006. Council Procedures By-Laws No. 7560. City of Richmond. City of Richmond. Last Revised Unknown. URL: http://wwwcms.city.richmond.bc.ca. Last Visited 10/6/2006. City of Saint John, 2006. By-Law Number M-5 A By-Law Respecting the Procedures of the Common Council of the City of Saint John, City of Saint John. City of Saint John, 2006. Council – Committee System: A Discussion Paper, City of Saint John. City of Saskatoon, 2006. The Council and Committee Procedure By-Law, City of Saskatoon. City of Saskatoon. Last Revised Unknown. URL: http://www.saskatoon.ca/org/clerks_office/council/. Last Visited 9/28/2006. City of St. John’s, 1992. By-Law No1273 Rules of Procedure, City of St. John’s. City of Stratford, 2002. Procedural By-Law 216-2002, City of Stratford. City of Stratford, Last Revised Unknown. URL: http://www.city.stratford.on.ca/site_stepstocityhall/council.asp. Last visited 10/6/2006. City of Winnipeg, 2005. City of Winnipeg City Organization By-Law No. 7100/97, City of Winnipeg. City of Winnipeg, 2004. City of Winnipeg Procedure By-Law No. 5400/90, City of Winnipeg. City of Toronto, 2007. City of Toronto 2007 Budget Process and Schedule (Presentation), City of Toronto. City of Toronto, 2006. City of Toronto By-Law No. 1045-2006, City of Toronto. Corporate Policy & Planning Division, Metro Chief Administrator’s Office, 1997. An Overview of Decision Making Structures in Major Cities Across Canada, City of Toronto. Cuff, G.B., 2006. The Use and Abuse of Committees (Part1 ), Municipal World January Edition, pp. 36-36. Cuff, G.B., 2006 The Use and Abuse of Committees (Part 2), Municipal World February Edition, pp. 33-34. Cuff, G.B., 2007. Governance Practices That Work, Municipal World April Edition, pp., 61-62. Cuff, G.B., 2007 What does Effective Municipal Corporate Management Look Like?, Municipal World April Edition, pp. 37-40. Cuff, G.B., 2007. Impact of the Governance Model, Municipal World May Edition, pp 39-40. Graham, J., Amos, B., Plumptre, T., 2003. Principles for Good Governance in the 21st Century Policy Brief No., 15, Institute on Governance. Hallsmith, G., Layke, C., ,Everett, M., 2005. Taking Action for Sustainability: The EarthCAT Guide to Community Development, Global Community Initiatives, pp. 11-13. Independent Commission for Good Governance in Public Services, 2004. The Good Governance Standard for Public Services, OPM and CIPFA. McGregor, Dawson and McGregor, 1971. Democratic Government in Canada, University of Toronto Press, pp 3-12. Municipal Research & Services Center of Washington, 1999. Local Government Policy Making Process. MRSC. Province of New Brunswick, 2005. Municipalities Act, Province of New Brunswick. Strategic and Corporate Policy Division, Chief Administrator’s Office, 2003. City of Toronto Council Governance Review Discussion Paper, City of Toronto. Transition Team from the Metro Area Chief Administrative Officers, 1997. Design of the New City of Toronto: An Organization Review of Issues and Options, City of Toronto. 328 Strategic Decision-Making Model for the City of Saint John: Appendix A Draft Version: August 3, 2007 Saint John Governance Model 38 Committee of the Whole City Manager Common Clerk Treasurer City Solicitor Governance Function Administrative Function Mandate ·Finance / Admin ·Human Resources ·Labor Relations ·Nominating Committee (Example) City Manager Department Head Managers / Staff (recommends or informs) City Departments ABCs Citizens Ot he r St ak eh ol Ot he r St ak eh ol Other Stakeholders (access to decision- making process) COMMUNITY PRIORITIES STRATEGIC OUTCOMES SERVICES RECOMMENDS IMPLEMENTS (approves) (deliberative) NOTE: The information contained in each of the boxes in the red section are meant to have the same relationship with each of the SPC and the Policy & Priorities Committee Strategic Decision-Making Model for the City of Saint John Quasi Judicial Inter Governmental Citizen Council Policy & Priorities Committee Standing Policy Committee Standing Policy Committee Standing Policy Committee Standing Policy Committee VISION & GOALS DECIDES CREATES & OWNS 329 Strategic Decision-Making Model for the City of Saint John: Appendix B Draft Version: August 3, 2007 Saint John Governance Model 39 Communities Communities Needs Needs Outcomes Outcomes Service Outputs Service Outputs Process Outputs Process Outputs Resources Resources Vision Vision Strategies Strategies Services Services Processes Processes have changes level of contribute to contribute to achieve define deliver define identify consumed in recognizes Governance Function Strategic Direction Administration Function Output Delivery Council (Standing Committees) City Manager City Departments, Agencies, Boards & Commissions identify identify identifies Communities Communities Needs Needs Outcomes Outcomes Service Outputs Service Outputs Process Outputs Process Outputs Resources Resources Vision Vision Strategies Strategies Services Services Processes Processes have changes level of contribute to contribute to achieve define deliver define identify consumed in recognizes Governance Function Strategic Direction Administration Function Output Delivery Council (Standing Committees) City Manager City Departments, Agencies, Boards & Commissions identify identify identifies Strategic Reference Model for the City of Saint John 330 Strategic Decision-Making Model for the City of Saint John: Appendix D Draft Version: August 3, 2007 Saint John Governance Model 40 Proposed Scheduling of Council and Standing Committee Meetings Including Administrative Requirements (2 Month Cycle) Monday Tuesday Wednesday Thursday Friday January 1 2 Standing Policy Committee 1 3 4 December 31 Common Council Agenda Submission COW / SPC2 Agenda Distribution COW Agenda Meeting SPC2 Agenda Distribution SPC2 8 9 Standing Policy Committee 2 10 11 7 Committee of the Whole Agenda Submission CC / SPC3 Agenda Distribution CC Agenda Meeting SPC3 Agenda Distribution SPC3 15 16 Standing Policy Committee 3 17 18 14 Common Council Agenda Submission COW / PP / SPC4 Agenda Distribution COW / PP Agenda Meeting SPC4 Agenda Distribution SPC4 22 23 Standing Policy Committee 4 24 25 Committee of the Whole 21 Policy & Priorities Agenda Submission CC Agenda Distribution CC 29 30 31 February 1 28 Common Council Agenda Submission COW / SPC1 Agenda Distribution COW Agenda Meeting SPC1 Agenda Distribution SPC1 5 6 Standing Policy Committee 1 7 8 4 Committee of the Whole Agenda Submission CC / SPC2 Agenda Distribution CC Agenda Meeting SPC2 Agenda Distribution SPC2 12 13 Standing Policy Committee 2 14 15 11 Common Council Agenda Submission COW / SPC3 Agenda Distribution COW / PP Agenda Meeting SPC3 Agenda Distribution SPC3 19 20 Standing Policy Committee 3 21 22 Committee of the Whole 21 Policy & Priorities Agenda Submission CC / SPC4 Agenda Distribution CC Agenda Meeting SPC4 Agenda Distribution SPC4 26 27 Standing Policy Committee 4 28 March 1 25 Common Council Agenda Submission COW / SPC1 Agenda Distribution COW Agenda Meeting SPC1 Agenda Distribution SPC1 CC Common Council Every second Monday COW Committee of the Whole Alternate Mondays to CC PP Policy & Priorities Committee Every second COW meeting SPC1 Standing Policy Committee 1 First Wednesday of the Month SPC2 Standing Policy Committee 2 Second Wednesday of the Month SPC3 Standing Policy Committee 3 Third Wednesday of the Month SPC4 Standing Policy Committee 4 Forth Wednesday of the Month Agenda Submissions - All meetings Wednesday prior to meeting Noon Agenda Meeting - SPC agendas Friday prior to meeting 10:00 AM Agenda Distribution - SPC meetings - CC / COW / PP meetings Friday prior to meeting Thursday prior to meeting 4:30 PM Report & Minutes - SPC meetings - COW / PP meetings Wednesday prior to the next reasonable CC meeting Noon 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 1 BY-LAW NUMBER ______ A BY-LAW RESPECTING THE ESTABLISHMENT AND OPERATION OF THE COORDINATING COMMITTEE AND OF STANDING POLICY COMMITTEES OF THE CITY OF SAINT JOHN ARRÊTÉ No _____ WHEREAS the City of Saint John operates with a modified form of city manager government as described in the City Government Act 1936 (Chapter (?) S.N.B. 1936); and WHEREAS the Municipalities Act (Chapter M- 22, R.S.N.B. 1973) provides that a municipality “… may provide for, create, alter and abolish committees, … and delegate administrative powers and duties to them” (s. 4(3)); and WHEREAS it is the purpose of this by-law to establish certain Standing Policy Committees as well as a Coordinating Committee of the Common Council of the City of Saint John, to define their respective roles and mandates and to prescribe as well certain matters respecting their composition, administration and procedure all in a manner consistent with the city manager form of government referred to in the first recital hereof; THEREFORE BE IT ENACTED by the Common Council of the City of Saint John under the authority vested in it by the Municipalities Act, R.S.N.B. 1973, c. M-22 and the Municipal Elections Act, R.S.N.B. 1973, c. M-21.01, as follows: Definitions 1(1) In this By-Law, unless the context otherwise requires: a) Council means the Common Council of the City of Saint John; b) Councillor means a member of Council other than the Mayor; c) Goals are statements of what is to be achieved for the future of Saint John; d) Mandate means broadly expressed statements that define the jurisdiction, purpose and authority of a Standing Policy Committee and which guide the formulating of its policy recommendations to Common Council; e) Member of Council means any person elected to a Council; f) Committee includes the Coordinating Committee and each Standing Policy Committee; 351 2 g) Person means an individual, corporation, unincorporated organization and member of the civic administration as well as agencies, boards and commissions established by the City or the Provincial Legislature; h) Policy means a governing principle, plan or course of action that guides or influences future decisions; i) Ward means a ward established by a By-Law Relating to the Composition and Election of the Common Council, enacted by the Common Council of the City of Saint John on the 5th day of November, 2007; j) Calendar Year means a period of twelve (12) consecutive months beginning on January 1st and ending on December 31st. 1(2) The headings in this By-Law are for reference purposes only. Establishment of Committees 2(1) The following Standing Policy Committees are hereby established: a) Social Development Committee b) Economic Development Committee c) Infrastructure Committee d) Community Development Committee 2(2) The Coordinating Committee is hereby established. Roles and Responsibilities of Standing Policies Committees 3(1) The role of a Standing Policy Committee is that of policy advisor to Common Council. Policy is intended to support the achievement of the stated goals of the Saint John Community and within that context a Standing Policy Committee shall advise Common Council with respect to policy development, review and performance evaluation. Each Standing Policy Committee shall operate in a manner consistent with the relevant governance provisions of An Act to Provide for the Government of The City of Saint John, 1936, 1 Edward VIII, (1936), (City Government Act). 3(2) The responsibilities of a Standing Policy Committee include: 352 3 a) serving, subject to subsection (3) hereof and within its mandate, as a person’s initial access point to the municipal decision making process with respect to matters of concern within the community; b) providing a form for substantial debate related to the development, review and performance evaluation of policy and strategic directions respecting topics lying within its mandate; c) providing a forum for open public participation and detailed discussion with citizens as part of the City’s decision making process; d) making policy recommendations to Common Council including the prioritization of policies with respect to topics lying within its mandate; e) reviewing and evaluating the effectiveness of those policies adopted by Council and which deal with topics lying within the Committee’s mandate; f) considering reports from members of the civic administration dealing with the implementation of policies adopted by Common Council and dealing with topics lying within the Committee’s mandate; g) discharging such other administrative powers and duties as delegated by Council from time to time, consistent with the relevant provisions of the City Government Act; h) consulting with the City Manager or a municipal official designated by the City Manager for that purpose, prior to presenting Common Council with any policy advice; i) consulting with the Commissioner of Finance prior to presenting Common Council with any financial advice; j) consulting with the City Solicitor or a person employed in the City Solicitor’s Department and designated by the City Solicitor for that purpose, prior to presenting Common Council with policy advice respecting a matter involving the City’s legal liability, rights, obligations or authority. 353 4 k) consulting with the Common Clerk or a person employed in the Common Clerk’s office and designated by the Common Clerk for that purpose, prior to presenting Common Council with policy advice respecting procedures, governance or related matters. 3(3) All matters of a policy nature are to be considered first by the appropriate Standing Policy Committee as determined by their mandate except in the event that consideration by Common Council is in the opinion of the City Manager or his designate, urgent, in which case such matter shall be considered by Common Council as soon as reasonably possible. 3(4) When the City Manager, Commissioner of Finance, City Solicitor or a person designated by one of them has provided advice to a Standing Policy Committee, a copy thereof shall be provided by the Standing Policy Committee to Common Council at the time of a Standing Policy Committee’s submitting any related policy recommendation. 4(1) A Standing Policy Committee may establish, make appointment to and commission one or more subcommittees to assist with the development of a Standing Policy Committee’s recommendation to Common Council respecting a proposed or existing policy relating to a topic lying within the Standing Policy Committee’s mandate. 4(2) A Standing Policy Committee must adopt Terms of Reference for each proposed subcommittee outlining the latter’s purpose, authority and intended deliverables. 4(3) Subcommittees shall be comprised primarily of non-elected members although a member of Common Council may be appointed if a request for such appointment is made. 4(4) Members of subcommittees are not compensated for their service. 4(5) If at a date twelve (12) months following the date of its establishment a subcommittee has not completed the work defined in its Terms of Reference then the Standing Policy Committee by which it was established must review the subcommittee’s progress and make a recommendation to Council respecting the subcommittee’s continued existence. 4(6) Subject to subsection 4(5) a subcommittee is deemed to be dissolved upon the Standing Policy Committee by which it was created determining that the work defined in the relevant Terms of Reference has been completed. Roles and Responsibilities of Coordinating Committee 354 5 5 The role of the Coordinating Committee is to ensure collaboration and consistency in decision making across all Standing Policy Committee mandates. Committee of the Whole Operating and Capital Budgets 6 The Committee of the Whole of Common Council shall in addition to its ongoing deliberative and advisory role to Common Council be responsible for directing the development of the operating and capital budgets for the City and utilities. In discharging that responsibility the Committee of the Whole has the following responsibilities: a) providing direction to the civic administration through the City Manager with budget guidelines and considerations; b) considering the recommendation of the City Manager respecting proposed operating and capital budgets; c) considering recommendations from the Coordinating Committee and from Standing Policy Committees respecting long term strategic planning; d) receiving submissions from interested persons as deemed appropriate by the Committee of the Whole; e) making recommendation to Council with respect to the proposed operating and capital budgets. Membership 7(1) Each Standing Policy Committee shall be comprised of five (5) Councillors with at least one (1) member from each Ward. 7(2) Each Councillor shall be appointed to, and subject to Sections 18, 19 and 20 hereof, shall at all times be a member of two (2) Standing Policy Committees. 7(3) Each Councillor shall be appointed to not fewer than three (3) Standing Policy Committees during a Council’s term of office. 7(4) The Coordinating Committee shall be comprised of the Mayor and the Chairperson of each Standing Policy Committee. The Mayor shall be the Chair of this Committee. 8 The Mayor is an ex-officio member of each 355 6 Standing Policy Committee and may participate in debate at meetings thereof, however, at such meetings may not move nor vote upon a motion. 9 The City Manager is an ex-officio non-voting member of each Standing Policy Committee and of the Coordinating Committee. 10 Any Councillor may attend any meeting of any Standing Policy Committee and participate in debate but may not move or second a motion nor vote upon a motion. Quorum 11(1) A quorum for a Standing Policy Committee or for the Coordinating Committee is a majority of the members thereof respectively. 12 If neither the Chairperson nor Vice- Chairperson is present at a meeting of a Standing Policy Committee or the Coordinating Committee then the Committee must elect a Chairperson from amongst its members present at that meeting. Public Access 13 Meetings of a Standing Policy Committee or of the Coordinating Committee shall be open to the public in accordance with the relevant provisions of the Municipalities Act unless the public is excluded therefrom pursuant to the applicable provisions of that legislation. Appointment 14(1) Following each quadrennial municipal election Council shall: a) on the recommendation of the Committee of the Whole of Council, appoint two (2) Councillors elected from different Wards to each Standing Policy Committee for a term ending with the expiration of the Council’s term of office; b) on the recommendation of the Mayor appoint a Councillor to each Standing Policy Committee for a term ending on June 30th of the third calendar year of the Council’s term of office. Each such Councillor shall be the Chair of the Standing Policy Committee to which he/she has been appointed; c) on the recommendation of the Committee of the Whole of Council and subject to the provisions of subsection 7(1) hereof appoint two (2) Councillors 356 7 elected from different Wards to each Standing Policy Committee for a term ending on June 30th of the third calendar year of the Council’s term of office. 14 (2) a) Council shall on the recommendation of the Mayor appoint a Councillor to each Standing Policy Committee for a term commencing July 1st of the third calendar year of the Council’s term of office and ending with the expiration thereof. Each such Councillor shall be the Chairperson of the Standing Policy Committee to which he/she has been appointed; b) Council shall on the recommendation of the Committee of the Whole of Council and subject to the provisions of subsection 7(1) hereof, appoint two (2) Councillors elected from different Wards to each Standing Policy Committee for a term commencing July 1st of the third calendar year of the Council’s term of office for a term ending with the expiration thereof. 14 (3) A Councillor may not serve at any one time as Chairperson of more than one Standing Policy Committee. 15(1) Each Standing Policy Committee shall at its first meeting and thereafter at the first meeting following the appointment of a new Chairperson, so often as that shall happen, elect a Vice- Chairperson from amongst its members. 15 (2) If a Vice-Chairperson is not elected as stipulated in Subsection (1) hereof, then Council may appoint a Vice-Chairperson. 16 Each Standing Policy Committee and the Coordinating Committee shall exercise the roles and responsibilities delegated to them respectively in Sections 17 to 21 hereof. Committee Mandates 17 Social Development Committee: To provide leadership and support to advance social development in the City. Specifically the Committee will advocate for and recommend policies and strategies that: 1. provide for a diverse and seamless array of educational opportunities that promote individual self-sufficiency, innovation, creativity and life-long learning. 2. promote a flexible and adaptive housing market that meets the range of 357 8 needs within our community. 3. provide for a safe, livable community with vibrant neighbourhoods. 18 Economic Development Committee: To provide leadership and support to promote economic growth within the City and ensure that our natural environment is protected, preserved and enhanced. Specifically the Committee will advocate for and recommend policies and strategies that: 1. recognize the inherent responsibility of every individual and organization to embrace a shared commitment to environmental stewardship. 2. promotes a diverse, vibrant, resilient, environmentally sound economy that actively supports wealth creation, innovation, entrepreneurship and individual economic well-being. 3. promotes a variety of economic and employment opportunities. 19 Infrastructure Committee: To provide leadership and support to promote the effective and efficient provision of public infrastructure that supports and enhances public health and the movement of people, goods and services throughout the city. Specifically the Committee will advocate for and recommend policies and strategies that: 1. Enhance and protect the health of our citizens. 2. Promote an evolving array of convenient, comfortable, affordable and efficient modes of transportation. 3. Promote active transportation networks that connect the entire city. 20 Community Development Committee: To provide strategic leadership in the creation of a livable and culturally vibrant community where active lifestyles are promoted. Specifically the Committee will advocate for and recommend policies and strategies that: 1. Support active and healthy lifestyles through a diversity of waterfront access; parks and open spaces; sport and recreation facilities and programs; cultural and social venues and events and; public gathering places. 2. Promote the highest standards of quality in architecture, landscaping, infrastructure management and urban design. 3. Promote our natural and built heritage as a key component in developing new and renewed places to live, work, play and learn. 358 9 21 Coordinating Committee: To provide leadership and support by ensuring collaboration and consistency of decision-making across all Standing Policy Committees. Specifically the Committee will advocate for and recommend policies and strategies that: 1. foster civic engagement and pride through responsible, cooperative, inclusive and fiscally responsible government that is accountable for achieving results. 2. support a leadership role for the City with other local, provincial and national levels of government to address common challenges and opportunities for our community. 3. support the administration in efforts to recruit and retain the necessary human resources to meet the City’s service level standards. 4. making recommendations to Council related to governance, policy and structure; financial planning and budgeting; fiscal policy including revenue, debt and tax policies; audits; appointment of auditors; intergovernmental matters; Council and its operation; human resources and labour relations; and other administrative policy functions related to the operations of the Corporation of the City of Saint John; 5. recommending appointments to Agencies, Boards and Commissions to Common Council; 6. discharging such other administrative powers and duties as delegated by Common Council from time to time, consistent with the relevant provisions of the City Government Act. 22(1) The Council shall revoke a Councillor’s appointment to a Standing Policy Committee in the event of a Councillor’s having missed three (3) successive meetings of the Standing Policy Committee without having obtained authorization for such absence. 22(2) The receipt by a Standing Policy Committee of a member’s written advice that he/she will not be attending a Standing Policy Committee meeting, constitutes “authorization” for the purposes of Section 22(1) hereof. 22(3) Council shall as soon as reasonably possible appoint a Councillor to a Standing Policy Committee for the purpose of replacing a Councillor whose appointment to that Committee has been revoked pursuant to Section 22(1) hereof. 23(1) The Chair of a Standing Policy Committee may recommend to Council that it revoke the appointment of a Councillor to that Committee when the Chairperson is of the opinion that the Councillor in question has: 359 10 a) neglected or refused to operate within the Standing Policy Committee’s mandate; or b) neglected or refused to give proper attention to matters before the Standing Policy Committee. 23(2) Council shall as soon as reasonably possible appoint a Councillor to a Standing Policy Committee for the purpose of replacing a Councillor whose appointment to that Standing Policy Committee has been revoked pursuant to Section 23(1) hereof or whose membership therein has ended by reason of death or resignation. 24(1) The Mayor may recommend that Council revoke the appointment of a Chairperson of a Standing Policy Committee when the Mayor is of the opinion that the Chairperson in question has: a) refused or neglected to call meetings of that Committee as required to discharge its duties; b) refused or neglected to conduct the business of the Committee in accordance with its decisions; c) refused or neglected to attend the Committee meetings; or d) neglected or refused to operate within the Standing Policy Committees mandate. 24(2) Council shall as soon as reasonably possible and on the recommendation of the Mayor, appoint a Councillor to a Standing Policy Committee and designate him the Chairperson thereof, for the purpose of replacing a Councillor whose appointment has been revoked following a recommendation pursuant to Subsection 24(1) hereof. 25 Each Councillor as soon as possible following election to Council may submit to the Committee of the Whole a written indication of the Standing Policy Committees upon which he/she would prefer to serve. Similar written submission may be made prior to the appointments to Standing Policy Committees to be made as of July 1st of the third year of a Council’s term of office. Procedure 26(1) Unless otherwise stated the following rules apply to Standing Policy Committees: a) motions need not be seconded; b) there is no limit to the number of times a member may speak to a question; c) informal discussion of a subject is 360 11 permitted when no motion has been made; and d) the Chairperson may make motions, participate in debate and vote on all motions without leaving the Chair. 26(2) Unless specific rules for a Standing Policy Committee procedures exist, Standing Policy procedures must follow the Procedural Rules applicable to the Committee of the Whole of Common Council as set out in the Common Council’s Procedural By-Law enacted on the 3rd day of January, 2006. 27 Any matter which a person wishes to be considered by a Standing Policy Committee must be submitted in writing to the Common Clerk who will in consultation with the Chair of the appropriate Committee refer the matter to the Committee’s agenda. Minutes 28(1) Minutes must be prepared for all Standing Policy Committee meetings as well as for meetings of the Coordinating Committee. Such minutes will include: a) all decisions and recommendations; b) the names of the Committee members present at and absent from the meeting; c) any conflicts declared pursuant to the provisions of the Municipalities Act or otherwise; and d) the signatures of the Chair and Recording Secretary. 28(2) Minutes must be retained by the Common Clerk in a safe manner and must be made available upon request to the public unless the meeting was closed to the public pursuant to the relevant provisions of the Municipalities Act. 28(3) The Minutes of each Standing Policy Committee meeting and of each Coordinating Committee Meeting must be circulated prior to or at the meeting at which they are to be adopted: a) if there are errors or omissions, the Committee must pass a motion to amend the Minutes and adopt the Minutes as amended; or b) if there are no error or omissions adopt the Minutes as circulated. 28(4) The approved minutes of each Standing Committee meeting will be submitted as an information item to the next regularly scheduled meeting of Common Council. 361 12 Schedule 29(1) Unless otherwise directed by the Committee: “Social Development Committee” shall hold its regular meetings on the first Wednesday of each month; “Economic Development Committee” shall hold its regular meetings on the second Wednesday of each month; “Infrastructure Committee” shall hold its regular meetings on the third Wednesday of each month; “Community Development Committee” shall hold its regular meetings on the fourth Wednesday of each month; “The Coordinating Committee” shall hold its regular meetings on the Monday of every second regularly scheduled Committee of the Whole Meeting. 29(2) Unless otherwise determined by the Committee meetings shall be held between 11:30 a.m. and 1:30 p.m. in the Council Chambers, City Hall. 29(3) The Chair of a Standing Policy Committee or the Coordinating Committee may call a meeting of the Committee at any time and must do so if a majority of Committee members so request in writing including a statement of the purpose of the meeting. Notice 30(1) Notice of a meeting of a Standing Policy Committee or of the Coordinating Committee which is not contained in an annual schedule thereof adopted by the respective Committee, must be given in accordance with subsection (2) hereof. 30(2) The Notice referred to in subsection (1) hereof must: a) issue a minimum of 24 hours prior to the meeting date; b) be in writing and specify the time, date, location and purpose of the meeting; c) be posted on the City’s website; d) be delivered or electronically transmitted to each Councillor and to the Mayor and the City Manager; e) be available in printed format in the office of the Common Clerk during regular business hours; and 362 13 f) provide any other notification as requested by the Committee. IN WITNESS WHEREOF the City of Saint John has caused the Common Seal of the said City to be affixed to this by-law the day of , A.D. 2008 and signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le présent arrêté le 2008 avec les signatures suivantes : _________________________________________ Mayor/Maire ______________________________________ Common Clerk/ Greffière communale First Reading - Second Reading - Third Reading - Première lecture : Deuxième lecture : Troisième lecture : TABLE OF CONTENTS Title Section Definitions and Interpretation …………………… 1 Standing Policy Committees, Coordinating Committee ……………. 2 Roles and Responsibilities of Standing Policy Committees ………..3-4 Roles and Responsibilities of Coordinating Committee …………… 5 Operating and Capital Budgets …….. 6 Membership ………………………… 7 363 14 Mayor Ex-Officio Member …………. 8 City Manager Ex-Officio Member …………………. 9 Quorum …………………………….... 11 Public Access to Meetings ………….. 13 Appointment to Committees ………… 14 Chairperson and Vice-Chairperson ……………………. 15 Administrative Powers and Duties …………………………… 16 Mandate of Standing Policy Committees & Coordinating Committee …………. 17-21 Revocation of Membership ……….. 22-25 Procedural Rules …………………….. 26 Minutes …………………………….... 28 Schedule of Meetings ………………. 29 Notice ………………………………. 30 364 The City of Saint John SAINT JOHN April 28 2008 His Worship Mayor Norman McFarlane and Councillors Your Worship and Councillors SUBJECT Records Management Policy for The City of Saint John PURPOSE The purpose of this report is to advise Common Council of the current status of the Records Management Program and present a Records Management Policy for Council s consideration Significant progress has been made and approval of the policy would enable the program to move forward into enterprise wide implementation BACKGROUND During the course of the past 2 years considerable progress has been made developing a Records Management Program at The City of Saint John As all official City records are in the custody and control of the Common Clerk it has been the Common Clerk s Office which has led this initiative Records are information assets which have value for an organization operational legal regulatory fiscal and historical value requiring their management over time Records produced by municipalities in the province of New Brunswick are required to be managed across their lifecycle by schedules determined by the Provincial Archivist These retention schedules are mated to a classification outline and were released in 1998 as The Municipal Records Authority for New Brunswick MRA In 2004 the MRA was updated and re released The MRA is a hierarchical subject based system custom built for municipalities in the province It was developed by the Municipal Records Management Steering Committee of the Provincial Archives of New Brunswick and the Association of Municipal Administrators of New Brunswick Cities across the province were P O Box 1971 Saint John NB Canada E2l 411 I wwwsaintjohn calcp 1971 Saint John N B Canada E2l 411 365 active participants in the development of this tool It provides a flexible framework for the incorporation of new subjects at various levels in a filing hierarchy In general this type of authority has the following advantages it is expandable facilitates browsing permits the retrieval of records at varying levels of specificity and enables Electronic Records Retention ERR In addition as it is not linked to organizational structure the filing system does not need to change when the organizational structure changes The typical disadvantage of such tools is that they need to be custom built and are pricey We are fortunate that the province has developed such a tool for the free use of municipalities The software solution purchased by the Common Clerk s Office Laserfiche Records Management Edition RME has now been successfully integrated with the MRA and The City of Saint John is the first municipality in the province to apply retention schedules to its electronic records and practice ERR Since the vast majority of records produced by The City of Saint John are born digital this is a significant accomplishment In addition progress has been made on a program overview and work plan which will help enable the City to move forward in the application of a uniform classification outline and retention schedule to records in all formats namely those in both the physical and electronic worlds ANALYSIS The City of Saint John now needs a Common Council endorsed uniform record keeping system to effectively manage City records Council endorsement of the policy would effectively mean that the City would formally adopt 1 the MRA as the classification outline and retention schedule for physical records and 2 the MRA I RME integration as the electronic equivalent While this may sound complex it would in fact only bring us into compliance with existing legislation The Office of the Common Clerk would then be empowered to proceed with the creation of a Records Management Implementation Team of existing staff members responsible for implementing a formal records system across the City With the team in place the next steps could then be taken which would allow for the uniform system to be rolled out across the City namely staff training records surveys inventories concordance conversion and the application of schedules Such an endorsement would empower the City to overcome the disparate systems currently in place and eventually replace them with a single uniform system thereby improving operational efficiency and meeting legal record keeping requirements INPUT FROM OTHER SOURCES The proposed Records Management Policy has been prepared by David Burke MA MLlS positively reviewed by J Patrick Woods Deputy City Manager and former Common Clerk the City s Legal Department see endorsement in the Policy section 10 Legal Review the City s Information Technology Department senior officials at the Provincial Archives of New Brunswick and by a well respected Records Management expert 366 FINANCIAURESOURCE IMPLICATIONS As records are currently being managed in all departments I divisions within the organization this policy anticipates no increased staffing implications The management of electronic records however will necessitate the acquiring of a certain number of full use software licenses with costs borne by the specific department Idivision in which they are used costs are expected to be moderate and be under 1 000 per full license The management of electronic records will also necessitate the acquiring of a certain amount of hardware such as flatbed and sheet feed scanners which will be borne by the specific department I division in which they are used The consistent and uniform management of records in all formats will necessitate the use of managed repositories for both electronic and physical records and the cost for these repositories are a corporate responsibility and will be borne by The City of Saint John as a whole It should be noted that in both the physical and electronic worlds the proper management of records across their lifecycle actually reduces managed storage costs CONCLUSION Records are currently managed across the organization at a department I division level No consistent or uniform system is in place Consequently endorsing a Records Management Policy is the first step in enabling the City to move forward and improve upon our current practice RECOMMENDATION It is recommended that Common Council approve the submitted Records Management Policy for The City of Saint John Respectfully submitted 7 J t Elizabeth Gormley Common Clerk u V Ct i I Patricia Anglin Corporate Records Manager 367 Records Management Policy for The City of Saint John The City of SaintJohn Office ofthe Common Clerk April 28th 2008 368 1 Purpose The purpose ofthe Records Management Policy for The City of Saint John the Policy is to establish a framework for the creation and management ofrecords within The City ofSaint John the City The City is committed to establishing and maintaining records management practices that meet its business needs accountability requirements and stakeholder expectations 2 Policy Statement The City s records are its corporate memory and as such are a vital asset for ongoing operations and for providing valuable evidence ofbusiness activities and transactions The City recognizes its regulatory requirements as a municipality in the Province ofNew Brunswick and is committed to the principles and practices set out in the international standard for records management The City is committed to implementing best records management practices and systems to ensure the creation maintenance and protection ofaccurate and reliable records All practices concerning records management within the City are to be in accordance with the Policy and its supporting procedures 3 Scope The Policy applies to all departments within the City The Policy applies to all aspects of the City s business all records created during business transactions and all business applications used to create records The Policy provides the overarching framework for any other corporate records management policies practices or procedures 4 Policy Context The Office ofthe Common Clerk will develop all records management strategies and is responsible for the design and review ofall records management practices Implementation will be at the departmental level in accordance with the Policy and operational requirements 5 Legislation and Standards The City acknowledges the following laws that relate to records management Charter ofThe City ofSaint John 1785 D K Geo III 2 369 Municipalities Act R S N B 1973 c M 22 Community Planning Act R S N B 1973 c C 12 Official Languages Act S N B 2002 c 0 0 5 Archives Act S N B 1973 c A 11 1 Public Records Act R S N B 1973 P 24 Electronic Transactions Act S N B 2001 c E 4 6 Evidence Act RS N B 1073 c E l1 Protection ofPersonal Information Act S N B 1998 c P 19 1 Personal Information Protection and Electronic Documents Act R S C 2000 c 5 The City will develop records management systems that capture and maintain records with appropriate evidential characteristics in accordance with its obligations under the above noted statutes The City acknowledges the following standards that relate to records management CGSB 72 11 93 Microfilm and Electronic Images as Documentary Evidence Canadian General Standards Board CGSB 7234 2005 Electronic Records as Documentary Evidence Canadian General Standards Board ISO 15489 1 2001 Information and Documentation Records Management Part 1 General International Organization for Standardization ISO 15489 2 2001 Information and Documentation Records Management Part 2 Guidelines International Organization for Standardization ISO 19005 1 2005 PDP A International Organization for Standardization ISO 23081 1 2006 Records Management Metadata International Organization for Standardization 6 Records Management Systems The City recognizes that the vast majority ofits records are born digital and that the primary records management system is therefore an Electronic Records Management System ERMS Paper based records of the City shall be captured within this system through digital imaging This ERMS is to be used in all departments divisions and offices ofthe City The City adopts the Municipal Records Authority for New Brunswick developed by the Provincial Archives of New Brunswick and the Association of Municipal Administrators of New Brunswick as the uniform classification system and records retention and disposition schedule for records in all formats The City s records management systems are dedicated to the creation and maintenance of authentic reliable and usable records for as long as they are required to effectively and efficiently support business functions and activities 3 370 The records management systems will manage the following processes creation receipt or capture of records within the records management system storage of records protection of record integrity and authenticity security ofrecords access to records disposal ofrecords in accordance with the approved disposal authority The City will consistently and uniformly manage records in all formats throughout their life cycle from creation and receipt to final disposition 7 Responsibilities The Common Clerk is responsible for the implementation ofthe Policy and oversees the management of the Policy within the City Department Heads are responsible for the management ofthe Policy through resource allocation and other management support including the identification of departmentalRecordsCoordinators The Corporate Records Manager is responsible for overseeing the design implementation and maintenance of the Policy as well as monitoring compliance The Manager ofInformation Technology is responsible for maintaining the technology for the City s ERMS including responsibility for security such that the integrity and authenticity ofrecords are maintained Records Coordinators identified and designated at a department level and the Department Heads are responsible for supporting records management practices as defined by the Policy within their respective areas City staff is responsible for the creation ofaccurate and reliable records as defined by the Policy 8 Monitor and Review The Policy is subject to a review by October 2008 The Records Management Program will thereafter be subject to scheduled annual audits The review and audits will be conducted by a cross departmental internal audit committee established by the Office of the Common Clerk 9 Implementation 4 371 Implementation of the Records Management Program will be phased in over a 36 month period on a departmental basis 10 Legal Review Notwithstanding anything to the contrary contained herein prior to any category of documents being destroyed such destruction must have received legal review through the City Solicitor s Office 11 Authorization The Policy has been approved by Common Council on the 28th day of April 2008 12 Glossary The Association of Municipal Administrators of New Brunswick The Association ofMunicipal Administrators ofNew Brunswick is a professional association devoted to the education and development of municipal administrators to ensure excellence in municipal administration and service delivery Capture A deliberate action which results in the registration ofa record into a records management system For certain business activities this action may be designed into electronic systems so that the capture is concurrent with the creation ofrecords Classification System The systematic identification and arrangement of business activities and or records into categories according to logically structured conventions methods and procedural rules represented in a classification system Disposal Disposition Refers to the range ofprocesses associated with implementing records retention destruction or transfer decisions which are documented in authorities or other instruments Electronic Records Management System ERMS A recordkeeping system that manages electronic records throughout their lifecycle from creation receipt and capture through to their destruction or permanent retention and retains their integrity and authenticity while ensuring that they remain accessible Life cycle of a Record The stages of activity between the creation or receipt of a record and its final disposition There are five stages in the life cycle of a record namely the creation receipt active use semi active use infrequent inactive use and final disposition Records are also said to have three ages based upon their reference or use active semi active and inactive 5 372 Provincial Archives of New Brunswick The body responsible for selecting acquiring preserving records ofhistorical or continuing value and making them available The P ANB has determined the classification and records retention and disposition schedules for municipalities The Municipal Records Authority for New Brunswick The classification outline and required retention schedule for municipalities in the province ofNew Brunswick Records Recorded information regardless ofmedium or characteristics made or received by an organization that is evidence of its operations and has value requiring its retention for a specific period oftime Records Management The systematic control of all records from their creation or receipt through their processing distribution organization storage and retrieval to their ultimate disposition Records Retention and Disposition Schedule The records retention and disposition schedule gives the City the authority to dispose of records it no longer requires Also known as retention schedule 13 Resources Print Resources The Municipal Records Management Steering Committee ofthe Provincial Archives and The Association ofMunicipal Administrators ofNew Brunswick 2004 Municipal Records Authority forNew Brunswick Fredericton Government of the Province ofNew Brunswick Office ofthe Common Clerk 2007 ERMS MRA RME Integration File Plan and Disposition Instructions Saint John City ofSaint John Human Resources The City recognizes that a Records Management Implementation Team initiallycomprisedoftheRecordsManagerProjectManagerRecordCoordinatorandLiaison will evolve into a citywide Records Committee as the program is introduced to individual departments and divisions across the organization 13 Appendix Expected Operational Impact Staffing The City recognizes that records are currently being managed in all departments 6 373 divisions within the organization consequently this policy has no increased staffing implications Software The City recognizes that the management of electronic records will necessitate the acquiring ofa certain number of full use and retrieval licenses These costs will vary and will be borne by the specific department division in which they are used Hardware The City recognizes that the management of electronic records will necessitate the acquiring ofa certain amount of hardware such as sheet feed scanners These costs will vary and will be borne by the specific department division in which they are used Storage The City recognizes that the consistent and uniform management ofrecords in all formats will necessitate the use ofmanaged repositories for both electronic and physical records The costs ofthese repositories are a corporate responsibility and will be borne by The City of Saint John as a whole Procedures The City management procedures need be developed at the department division level 7 374 City Solicitor s Office Bureau de l avocat municipal P O BoxC P 1971 Saint John NB N B Canada E2L 4L1 www saintjohn ca The City of Saint John REPORT TO COMMON COUNCIL April 24 2008 Common Council of The City ofSaint John Your Worship and Councillors Re Proposed Negotiations Framework Saint John Coast Guard Site This correspondence has been prepared for the purpose of accepting C W Realty Advisors Inc carrying a business under the firm name and style of Colliers International Atlantic Realty Advisors as the principal negotiator for the redevelopment ofthe Saint John Coast Guard Site At its Committee of the Whole meetings on October 9 and October 16 2007 respectively Common Council received from the Saint John Development Corporation and accepted the plan submitted for the redevelopment of the Saint John Coast Guard Site and the negotiations framework On January 18 2008 Colliers International Atlantic Realty Advisors in association with TOSS Solutions submitted a Proposal to Provide Real Estate Consulting Services with respect to the Coast Guard Site attached hereto Colliers International Atlantic Realty Advisors is an independently owned corporation that works under the Colliers International umbrella They are located in Halifax Nova Scotia Colliers International is a global real estate services firm founded in 1898 The Company has over 240 offices in more than 50 countries worldwide This large network of offices allows this firm to provide expert local real estate advice to their clients 375 Common Council April 24 2008 City Solicitor Page 2 Re Proposed Negotiations Framework Saint John Coast Guard Site As you will recall the Coast Guard Site was considered a key component of the Urban Strategies waterfront master plan prepared in 2002 and The Hardman Group was selected in 2005 to redevelop the site Based on their review ofthe terms ofreference C W Realty Advisors Inc is agreeing to act as the principal negotiator for the structuring of a deal with the Hardman Group They are also agreeing to negotiate a financial arrangement with the developer that is satisfactory to the City of Saint John and the Saint John Development Corporation and work with various designers and engineers to coordinate all aspects ofthe proposed development agreement In light of the above noted situation and in order for the City to enter into an agreement with C W Realty Advisors Inc it will be necessary to enter and authorize execution of the appropriate agreement with the real estate consulting group We suggest that an appropriate resolution in this case would be as follows RESOLVED that C W Realty Advisors Inc carrying a business under the firm name and style of Colliers International Atlantic Realty Advisors be retained as the real estate consulting group to assist in the structuring of a deal with The Hardman Group including the financial arrangement and the development agreement ofthe redevelopment of the Saint John Coast Guard Site and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard Attachment 376 Proposal to Provide Real Estate Consulting Services Saint John Coast Guard Site Prepared for City of Saint John NB Prepared by Colliers International Atlantic Realty Advisors January 18 2008 COLLIERS INTERNATIONAL 377 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICESSAINTJOHNCOASTGUARDSITE January 2008 TABLE OF CONTENTS A COMPANY PROFILE AND STAFF CREDENTIALS 1 A1 COLLIERS INTERNATIONAL ATLANTIC REALTY ADVISORS 1A2OTHERCONSULTANTS3 B STAFF CREDENTIALS AND RESUMES 4 8 1 ROSS CANTWELL M SC RE PROJECT MANAGER TEAM LEADER DEVELOPMENTAGREEMENT 482MITCHWILEAACITEAMLEADERAPPRAISAL583GREGTAYLORBCOMMNEGOTIATIONTEAMLEADER684STEFANHODDINOTTAICPDEVELOPMENTAGREEMENTSUPPORT685KATETHOMPSONBSC8DESGENERALPLANNINGSUPPORT786THOMASMCGUIRE8AMAECONOMICSTEAMLEADERECONOMICIMPACTASSESSMENT787MRDANIELGLENNCSLA9B8REFERENCES9B81AdaptiveReUseStudyDominionBuildingCharlottetownPEl9B82BusinessPlanfortheRedevelopmentoftheLunenburgNSWaterfront10B83RedevelopmentPlanfortheCableWharfPrecinctHalifaxNS10B84RedevelopmentPlanforCFSPleasantvileStJohnsNL11 C RESUMES 12 D UNDERSTANDING AND APPROACH 13 0 1 BACKGROUND 1302PURPOSEOFTHISSTUDYANDSTUDYOBJECTIVES13 E METHOD 14 E1 BACKGROUND REVIEW 14E2PROJECTFAMILIARIZATIONANDSTARTUPMEETING114E3STAKEHOLDERCONSULTATION14E4SUMMARYOFTHECITYSPROJECTOBJECTIVES15E5PRELIMINARYMEETINGWITHTHEHARDMANGROUP15E6REVISEDSCHEDULEANDBUDGET15E7VALUATIONMODELFORTHEREDEVELOPMENT15E8DEVELOPMENTAGREEMENTBACKGROUNDWORK16E9ADDITIONALSTUDIESASNEEDED17E10NEGOTIATIONSWITHTHEDEVELOPER17 PAGE i 378 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 E 11 PURCHASE AND SALE AGREEMENT E 12 DEVELOPMENT AGREEMENT E 13 ECONOMIC IMPACT ASSESSMENT E 14 PROJECT COORDINATION AND MEETINGS 18 18 18 19 F BUDGET SCHEDULE AND ADDITIONAL FACTS F 1 BilLING TERMS F 2 INSURANCE F 3 PROJECT SCHEDULE FA CONFLICT OF INTEREST F 5 FEE PROPOSAL AND PER DIEM RATES 21 21 21 21 21 21 r rl r 1W PAGE ii 379 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 COMPANY PROFILE The prime consultant for this project will be Colliers International Atlantic Realty Advisors The contact information for the company is presented below Colliers International Atlantic Realty Advisors Suite 1304 Cogswell Tower 2000 Barrington Street Halifax NS B3J 3K1 902 442 8700 main phone line 902 442 8702 project manager direct line 902 442 8710 fax line ross cantwell@colliers com www colliers com halifax A COMPANY PROFILE AND STAFF CREDENTIALS A1 COLLIERS INTERNATIONAL ATLANTIC REAL TV ADVISORS Colliers International is a global real estate services firm founded in 1898 The company has over 240 offices in more than 50 countries worldwide Canadian offices include Calgary Edmonton Halifax Kelowna London Moncton Montreal Ottawa Saskatoon Regina Toronto Vancouver Victoria and Winnipeg This large network of offices allows us to provide expert local real estate advice wherever our clients need us The Halifax office of Colliers International Atlantic Realty Advisors is an independently owned corporation that works under the Colliers International umbrella We are locally owned and operated While Colliers International is known for its brokerage and leasing services Colliers International Realty Advisors is the appraisal and property consulting arm of the company Nationally we employ a large complement of accredited appraisers and real estate consultants specializing in office retail industrial land hospitality and multi residential property and we are one of the largest real estate valuation and advisory firms in North America Services provided include Real Estate Strategies Market Analyses and Surveys fI PAGE 1 380 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 Market Feasibility Studies Highest and Best Use Studies Project Management of Masterplans Single Asset and Portfolio Valuations Appraisal Reviews Litigation Support Due Diligence Studies Decision Making Support Colliers International Atlantic Realty Advisors are committed to developing and maintaining specialized knowledge in key market segments to provide our clients the knowledge and expertise that need to make informed business decisions Our Knowledge s your Property Representative Clients Canada Lands Company Waterfront Development Corporation Greater Charlottetown Chamber of Commerce Public Works and Government Services Canada Halifax Regional Municipality Halifax 2014 Commonwealth Games Society TOSS Solutions Union Street Project Irving Oil Limited WH Fares Developments Westwood Developments Dexel Developments PolyCorp Developments Compass Commercial Realty The Armour Group Cresco Homes Greater Homes Clayton Developments Greenwood Lane Killam Properties Ultramar Imperial Oil Limited Homburg Invest Inc Great West Life Realty Advisors Summit REIT Roycom PAGE 2 381 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 In order to provide the City of Saint John will the full benefit of our company Colliers has also included the president of our sales and brokerage operation Colliers International Atlantic Mr Greg Taylor Greg has more than 20 years of experience in leasing and negotiating real estate transactions A2 OTHER CONSULTANTS We regularly work with a wide range of consultants For this project we will draw upon the resources of the following firms on an as needed basis 1 TOSS Solutions Saint John Development Standards Downtown Development 2 Daniel K Glenn Associates landscape architecture details 3 O Halloran Campbell Marine and Structural Engineering 4 Jacques Whitford Geotechnical Engineering 5 Thomas MacGuire Economics Economic Impact Assessment IfIII 7l PAGE 3 382 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 B STAFF CREDENTIALS AND RESUMES This section presents some detailed information on each of the staff members assigned to the project A one page resume for each person is included at the end of the section COLLIERS INTERNATIONAL B 1 ROSS CANTWELL M SC RE PROJECT MANAGER TEAM LEADER DEVELOPMENT AGREEMENT Ross has more than 20 years of experience as a real estate consultant He has completed hundreds of consulting assignments for a wide range of private and public sector clients including Waterfront Development Corporation Halifax Canada lands Company Halifax Regional Municipality Charlottetown Area Development Corporation Crown Corporation and dozens of private sector developers His specific area of expertise includes real estate strategies highest and best use studies market studies property land use plans and planning approvals Mr Cantwell is a former Certified Public Accountant and received his Master s Degree in Real Estate from the Massachusetts Institute of Technology MIT In the mid to late 1980s Ross was a property accountant for what is now known as the Hines REIT one of the largest office developers in the US In this capacity Ross was the accountant responsible for 3 million SF of Class A office space in San Francisco Oakland and Austin TX This position provided him with a good working knowledge of office leases gross ups of operating costs for expense allocations etc Since moving to the Maritimes in the early 1990 s Mr Cantwell has been associated with more than 30 waterfront plans including Fredericton Halifax Sydney Charlottetown etc Past consulting projects that are relevant to this study include Halifax and Dartmouth Waterfront Development Corporation Limited HRM NS Prepared a strategic plan in 1995 and a waterfront plan in 2000 Have just completed a redevelopment strategy for Cable Wharf Development advice to TOSS Solutions and the City of Saint John NB for the redevelopment of the Union Street block Redevelopment Plan for the Stratford Waterfront Charlottetown Waterfront PEl Redevelopment Plan for the Dominion Building a 175 000 SF office building in Charlottetown owned by the Canada lands Company Redevelopment plan for a 65 military base near downtown Saint John s Newfoundland fi t PAGE 4 383 OJ u OJ OJ C OIlCIO10JoiJPi0 c oiJOC010cUOUOOJC 1UJoiJoiJO OJIJJJ oiJ C IOCOJOJoo QonQ I tE E V 0 U coooN 10 J C 10 Q 0 aEonIGEu c s IG c o 0u IGI b lLJ0 Q U on IGEI IGe u C Q lC P U o VIVI o C e 00aQ 00sQ VlQIzQ r o iGQc Q IG 0 c 00U o IGCc QI I ctt acsS0 o I VI I VlQ oC ClJClJe 5il ClJ eioE ltl 0Clu E E uuClJ S ClE0 uecEu0ClJe0 Vi0ClJI Sg ClJ 0 ClJ8gLl3 000ClJCl1Xl eCtl ClJClge u 0 e 00Ie 11IiClJ u uClJClJ ccuu ononCclLJlLJ 0a c5lC0 uOlCJJ lCVl CeO2ColClCJEOVl 0 oC1it c0UVIEQJ0EultlCl1 a U lLJ VI aOEo E E 0 alEuO t ai 5 g Q VIoC B EgJulIc 2 0 lC2oE Vl ualjZVl2u E cQc lC0QrtlVl 5vll tVlCaJOCIiQa l ColClCJEOVl 384 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 Real Estate Strategy and Business Plan for the redevelopment of 22 buildings and wharves former Clearwater portfolio Lunenburg NS Strategic Plan for HRM Business Parks 2004 Halifax NS Just retained to prepare a new strategy for all business parks including the future expansion of the Burnside Business Park Real Estate Strategy for the H2014 Commonwealth Games bid HRM Capital District Public Facility and Infrastructure Needs Assessment HRM NS 2004 Redevelopment Strategy for the Cogswell Interchange 2004 HRM Development Plan for Sydney Steel now Harbourside Commercial Park 2002 B 2 MITCH WILE AACI TEAM LEADER APPRAISAL Mitch Wile has twenty 20 years of experience in Atlantic Canada as a senior real estate appraiser His past experience included ten years with Hardy Appraisals Altus Group a senior management position with Kimberley Lloyd Developments and recently as leader of the Atlantic Valuation Group for CB Richard Ellis In 2006 Mr Wile opened the Atlantic valuation division of Collier s International one of the largest real estate groups in North America Mr Wile has particular expertise in Market Study Appraisal Feasibility Analysis and Property Tax Appeal for the hospitality industry Mitch has been involved in the valuation of real estate throughout the Atlantic region and during the past 12 months has been involved in complex valuation and consulting assignments in The Netherlands Germany and across Canada with regular consulting and valuation assignments in Halifax Moncton Saint John Fredericton Saint John s Summerside Charlottetown and Calgary Mr Wile s recent experience in downtown Saint John included Centrebeam Place Other recent experience includes the following projects in Halifax New Marriot Courtyard at Brewery Market complex market study and valuation Ferry Boat Lane valuation e g Perks Coffee Shop Stayners Wharf New retail and apartment development forming part of the Courtyard development Casino NS Hotel business case market study and valuation New Residence Inn hotel Grafton Street Halifax market study and valuation Halifax Herald lands on Argyle Street valuation On going Site Selection consultancy for new downtown hotel for Middle East interests Former Birk s site on Barrington Street valuation r i PAGE 5 385 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 Keg Restaurant building valuation Opa and Argyle restaurant buildings on Argyle Street valuation Metro Parkade on Hollis Street valuation Brewery Market Office Complex valuation 1741 Brunswick Street office complex valuation Bank of Montreal building on Spring Garden Rd and Queen Street valuation Great West Life apartment portfolio on Brunswick Street Plaza Scotia Towers MacKeen Cunard Low and High rises and The MacDonald and 5770 Spring Garden Road valuation Spice House Barrington Street condo development valuation Economy Shoe Shop building s on Argyle Street Pryor House heritage office building on Hollis Street For this project Mitch will work with Ross Cantwell to assess the value of each of the four preliminary development options for Cable wharf and th subsequent refinement of value for the preferred option 8 3 GREG TAYLOR B COMM NEGOTIATION TEAM LEADER Greg Taylor is the president of Colliers International Atlantic and an experienced office leasing agent and broker He has more than two decades of leasing experience in the Halifax office market Prior to forming Colliers International Mr Taylor was the senior leasing representative for Halifax Developments Limited HPL and provided leasing services for the Scotia Square portfolio among others Mr Taylor has a B Comm in Accounting from Dalhousie University and has been actively involved in the Downtown Halifax Business Commission over the last decade Mr Taylor is every knowledgeable in the field of negotiation and has just completed the sale of the Fredericton Medical Centre to NW Medical REIT He knows the principals at the Hardman Group and will be a worthy adversary for this project B4 STEFAN HODDINOTT AICP DEVELOPMENT AGREEMENT SUPPORT Stefan has a Bachelors Degree in Geography from Mount Allison University and a Masters degree in Urban and Rural Planning at Dalhousie University Prior to joining Colliers International he had six years of progressive consulting and municipal planning experience including five years with Public Works and Government Services Canada PWGSC as a Real Property Officer and Real Estate Advisor In this position he was responsible for property acquisitions and disposals real estate investment analysis real estate management plans and providing land use planning advice He also worked as a municipal planer PAGE 6 386 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 for the City of Raleigh North Carolina Stefan is very familiar with the City of Saint John due to his work on the Partridge Island and Coast Guard files Past project experience that is relevant to this study includes DFO Partridge Island Lighthouse Site Disposal ongoing brownfield site Saint John NB Moncton Govt of Canada Building Options Analysis for a heritage building Moncton NB Assessment of Market Options Four Properties Around Sydney Harbour Sydney NS Former Wharf Site Disposal Sackville NB DFO Waterlot Acquisition Gold River NS DFO Upland Acquisition Beaver Harbour NB B 5 KATE THOMPSON B SC B DES GENERAL PLANNING SUPPORT Kate Thompson s past experience includes engineering drafting and education She is a graduate of NSCAD University s Environmental Planning program and has served as an intern with the Municipality of the County of Kings and Ekistics Planning and Design She is currently a lecturer in the School of Planning Dalhousie University and is coordinator of Healthy Housing Healthy Community a project influencing public policy on health and the built environment Kate is responsible for gathering background data and preparing case studies and planning assessment reports including municipal plan and policy analysis report editing and assisting with the preparation and conduction of stakeholder and community consultation workshops She will be a resource to the project team in the negotiation of the development agreement Relevant past experience for Kate includes the following projects Adaptive Re use of Buildings Lunenburg Waterfront NS Cornwallis Park Real Estate Disposition Strategy Cornwallis NS Halifax 2014 Commonwealth Games Bid Halifax NS Stratford PEl Town Plan and Municipal Planning Strategy Inland Container Terminal Study Halifax NS Wrights Cove Land Use and Transportation Plan Halifax NS B 6 THOMAS MCGUIRE BA MA ECONOMICS TEAM LEADER ECONOMIC IMPACT ASSESSMENT Thomas McGuire BA MA Economics is the Principal of T M McGuire Ltd TMML where he specializes in qualitative and quantitative research economic PAGE 7 387 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 analysis public sector program analysis and evaluation and socio economic impact studies Thomas has worked on diverse projects spanning sectors in education health information technology environment port management labour economics publishing waste management textiles fisheries tourism pharmaceuticalheavyindustrymanufacturingpetroleumbusinessserviceand transportation With more than twelve years of private and public sector consulting experience Thomas is skilled in program evaluation survey designandanalysisprimaryresearchpublicconsultationstatisticalsoftware applications and analysis and impact modeling Thomas has a Bachelor s Degree and a Master s Degree in economics from Dalhousie University where he concentrated in labour economics As a consultant Thomas brings his insightful and analytical skills to both research and project management assignments He has worked on a number of economic impact studies of various tourism projects port and harbour development opportunities transportation oil and gas exploration developing IT infrastructure for water utilities in Matamoros Mexico and Juarez Mexico real estate development and a variety of other specialized economic studies for a wide range of clients Education Master of Arts Economics Dalhousie University NS 1993 Bachelor of Arts Economics Dalhousie University NS 1989 Recent Projects Economic Impact Assessment of the Urban Strategies MasterplanfortheredevelopmentofSaintJohnHarbourSaintJohnNB Economic impact of Tall Ships 2007 Halifax NS Cape Breton Port to Port study to assess transportation corridor to enhance the social and economic development of the region for CBCL Economic impact study of the Port of Corner Brook for David Bellefontaine and Associates Framework to assess the Return on Investment for the Management Board Secretariat Ontario Government Analysis of industrial benefits for Earthtech and CBCL s client the Sydney Tar Ponds Agency Ongoing Economic Impact of the Atlantic Health Promotion Research Centre PAGE 8 388 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 B 7 MR DANIEL GLENN CSLA Mr Daniel Glenn has broad experience in all aspects of site planning and design He has undertaken several major master planning assignments as well as the preparation of detailed construction documents for complex projects Mr Glenn strives to integrate built form with the natural setting in a harmonious and practical manner This ideal of land stewardship ensures the use of the facilities in a natural environment for future generations Typical past projects involving a major building include Old Government House Renovation Fredericton Knowledge Park Bathurst Courthouse Renovation buildings for St Thomas University UNB and UNBSJ DECH Emergency Addition Moncton Operations Centre and Atlantic Cat Headquarters Dartmouth Prior to his twenty four years as principal of the firm he worked as a resource planner with the NB Provincial Department of Tourism It was there that he gained an understanding of Atlantic Canada tourism and park planning that has become such a hallmark of the company s business He has prepared over 50 downtown revitalization plans and plans for many of the most historically significant sites in the region Mr Glenn holds a Bachelors Degree in Landscape Architecture from the University of Guelph He has studied Ecology at the University of Toronto Planning of New Towns in London England and Landscape Heritage Conservation Montreal B 8 REFERENCES References for Ross Cantwell and Colliers International Atlantic Realty Advisors include the following B 8 1 Adaptive Re Use Study Dominion Building Charlottetown PEl Phase I Client Mr David Hooley Greater Charlottetown Area Chamber of Commerce c o Cox and Palmer Landing Place 20 Great George Street P O Box 486 Charlottetown PEl C1A 7L1 902 629 3903 Due to the construction of a new public building Public Works Government Services Canada declared the 180 000 SF Dominion Building in Charlottetown redundant The property was transferred to the Canada Lands Company who then worked with the community to identify public and private options for the re use of the building Colliers International was selected from seven consultants to conduct a market study of public and private sector options for the building This process included market analysis a review of past engineering reports and stakeholder and public consultation The final report identified two to three JIll PAGE 9 389 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 viable options and the consultants are now working with Canada Lands on a Phase Two study to prepare detailed floor plans and site redevelopment options as well as cost estimates and building valuations to support the needed business plan Phase II Client Mr Ron Pachal General Manager Canada Lands Company 1505 Barrington St Suite 1205 Halifax NS B3J 3K5 902 426 4045 rpachal@clc ca In phase two of this study Colliers is working directly for the Canada Lands Company to build a financial model for the property solicit interest from the development community negotiate the redevelopment agreement with the City and help negotiate the final sales price with the selected developer This is a very similar project to the Coast Guard site 8 8 2 Business Plan for the Redevelopment of the Lunenburg NS Waterfront Client Mr Bill Campbell Acting President Waterfront Development Corporation Limited 1751 Lower Water Street 2nd Floor Halifax Nova Scotia B3J 155 902 422 5115 ext 104 In 2005 the Province acquired 22 buildings and 8 wharves on the Lunenburg Waterfront from Clearwater Fine Foods These buildings were acquired to ensure the continued existence of a working waterfront an attribute that played a significant role in Lunenburg being designated as a UNESCO World Heritage Site Colliers International Realty Advisors was retained to appraise the value of these buildings coordinate the engineering sub consultants who prepared cost estimates for infrastructure upgrades and prepare a pro forma cashflow model that helped the client make decisions on the disposition sale or redevelopment of the subject properties The properties are now being sold off based on the disposition strategy prepared by Colliers International B 8 3 Redevelopment Plan for the Cable Wharf Precinct Halifax NS Client Mr Eric Burchill Director of Planning and Development Waterfront Development Corporation Limited 1751 Lower Water Street 2nd Floor Halifax Nova Scotia B3J 155 902 422 5115 ext 105 Colliers International prepared an analysis of redevelopment options for the Nova Scotian Crystal and Cable Wharf buildings on the Halifax Waterfront in 2007 This study included an analysis of re use options for the buildings conceptual planning and design work for new buildings and a public plaza engineering assessments of the existing wharf structure cost estimates to renovate and redevelop each building and a valuation of each of the three development scenarios ie a commercial appraisal of the end product The results of this analysis are being used to ifi PAGE 10 390 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 assist this Provincial Crown Corporation in determining the best course of action for these assets 8 84 Redevelopment Plan for CFS PleasantvHle St John s NL Client Mr John Dalton Canada Lands Company 1505 Barrington St Suite 1205 Halifax NS B3J 3K5 902 426 5046 Colliers International worked as part of a multi disciplinary planning and design team to prepare a redevelopment plan for this 70 acre former military base on Quidi Vidi lake in St John s NL Collier s role was to assess the market potential of the site direct the development team in the preparation of the concept and to prepare a valuation of the land based on a discounted cash flow model The plan is now complete and is moving its way through the development agreement process at the current time Additional references are available upon request l1rI J PAGE 11 391 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 c RESUMES III PAGE 12 392 Ross Cantwell M Sc RE Director of Real Estate Consulting Colliers International Atlantic Realty Advisors Inc Suite 1304 Cogswell Tower 2000 Barrington Street Halifax NS B3J 3K1 Phone 902 442 8702 Fax 902442 8710 Ross Cantwell@colliers com EDUCATION Master of Science in Real Estate High Honors Massachusetts Institute of Technology MIT Cambridge MA 1990 Bachelor of Science in Accounting High Honors University of Florida Gainesville Florida 1983 AFFILIATIONS Urban Land Institute www colliers com halifax PRIOR EXPERIENCE Ross began his career in 1983 as a Certified Public Accountant CPA in the Miami office of Arthur Andersen Company In 1985 he moved to San Francisco where he worked with Hines Interests as a property accountant responsible for two million square feet of office space In 1986 he left the accounting profession to work as a project manager for a nonprofit housing developer Upon completion of his graduate studies at MIT Ross provided appraisal software consulting services to several major banks in New England before moving to Halifax NS Once relocated Ross managed the Hardman Group s real estate consulting division until 1992 when he co founded EDM Environmental Design and Management ltd After ten years Ross formed Cantwell Company in 1992 in order to focus his consulting effortssolely on real estate projects and in late 20Df joined Colliers International In addition to his consulting work Mr Cantwell is also actively involved in the development of real estate including the renovation of a 16 000 SF heritage office building and a 74 unit 20 million condominium project The Brickyard currently under construction in downtown Halifax CONSULTING EXPERI ENCE Osprey Village Concept Plan MODl @006 Market Analysis Dominion Building Redevelopment 2007 Charlottetown PEl Real Estate Strategy for the 2014 Commonwealth Games Bid Halifax NS 2007 Millbrook Power Centre Masterplan Millbrook NS Transload Sector Industrial Development Strategy Burnside Business Park HPA and HRM 2007 Assessment of Munidpal Plan Options HPA In land Container Terminal 2005 HRM Redevelopment Strategy for the Cable Wharf Precinct Halifax NS Business and Expansion Plans for all HRM Business Parks Halifax NS 2005 Development Concept for the Debert Industrial Park Debert NS 2006 Development Strategy and Business Plan forthe Clearwater Properties and Wharves lunenburg NS 2006 Real Estate Strategy for Osprey Village 160 acres at Exit 12 Bridgewater NS Housing Projections for HRM 2006 2026 for the Regional Plan 2004 Halifax NS Burnside Business Park Expansion lands North Dartmouth 1994 Dartmouth NS Development Strategy Former Halifax Watershed lands Western Common It Ragged lake Business Park 1997 Cogswell Interchange Redevelopment Strategy 2004 Prepared for HRM Halifax MetroCentre Expansion Study Trade Centre Limited 2005 Capital District Public Infrastructure Opportunities Study HRM NS 2004 REFERENCES Ron Pachal General Manager Canada lands Company 902 426 5045 Bill Campbell President Waterfront Development Corporation 902 422 6513 PeterStickings Manager of Real Estate HRM 902 490 7129 COLLIERS INTERNATIONAL 393 Greg Taylor President I Investment Sales Colliers International Atlantic Inc Suite 1304 Cogswell Tower 2000 Barrington Street Halifax NS B3J 3K1 Phone 902422 1423 Fax 902429 9866 Greg Taylor@colliers com EDUCATION Dalhousie UniversityBachelorofCommerce Major in Accounting Nova Scotia Land SurveyInstituteCertificatein Cartography AFFILIATIONS NS Association of Realtors NS Real Estate Commission International Council of Shopping Centres wwwcolliers com halifax COMPANY EXPERIENCE Greg is one of the top investment real estate brokers in Atlantic Canada The creative and strategic approach he brings to client engagements has resulted in many successful closings for his clients In addition to his responsibilities in investment sales Greg is the President of Colliers International Atlantic Inc and a shareholder in the company PRIOR EXPERIENCE Office leasing both Landlord and Tenant Representation Partner in leasecom Inc predecessor firm to Colliers International Atlantic Inc Office leasing representative with major downtown Halifax developer landlord Chief Accountant with major downtown Halifax developer landlord Staff Accountant with a national chartered accounting firm NOTABLE TRANSACTIONS 1541 Barrington Street 52 000 square foot residential commercial asset Future Inn Dartmouth 144 room hotel Village at Bayers Road 412 000 square foot retail asset TD Building 104 000 square foot office building 3 Spectacle lake Drive 52 000 square foot office building 1741 Brunswick Street 114 000 square foot office building sold two times 1801 Hollis Street 211 000 square foot office building 99 Wyse Road 190 000 square foot office building Bathurst Mall 250 000 square foot retail centre 1819 Granville Street 25 000 square foot office building 123 Halifax Street Moncton 81 000 square foot office building 114 Price Street Moncton 183 000 square foot warehouse building 33 Henri Dunant Street Moncton 118 000 square foot warehouse building 22 CarrCrescent Gander NL 60 000 square foot warehouse building 40 Raddall Avenue 25 000 square foot warehouse building 24 Simmonds Drive 24 000 square foot industrial building Dartmouth Shopping Centre 107 000 square foot retail centre 10 12 Webster Street Kentvile 35 000 square foot mixed use asset 6021 Young Street 40 000 square foot mixed use asset 968 Barrington Street 12 000 square foot commercial asset REFERENCES Serafino Pendenza Asset Manager Standard life Assurance Company 514 499 7999 Stephen Davies President Avide Developments 506 858 6285 COLLIERS INTERNATIONAL Our Knowledge is your Property 394 Mitch Wile AACI Senior Real Estate Appraiser and Partner Colliers International Atiantic Realty Advisors Inc Suite 1304 Cogswell Tower 2000 Barrington Street Halifax NS B3J 3K1 Phone 902442 8701 Fax 902 442 8710 mitch wileWcolliers com EDUCATION Bachelor of Arts Saint Mary s University 1986 Partial B Comm Saint Mary s University AACI P App Appraisal Institute of Canada In association with the Real Estate Division at the University of British Columbia PRIOR EXPERIENCE Mitch Wile began his real estate career in 1986 in the Dartmouth assessment division of the N S Department of Municipal Affairs After two years of public sector experience Mitch commenced articling with valuation firm of Speed Speed which subsequently became part of the Hardy Appraisals Altus Group organization In 2000 Mitch briefly left the appraisal industry for a position as a member of the Senior Management Group at Kimberly Lloyd Developments Lidacting as an assistant to George Armoyan the President and Chairman of the company In 2002 he helped launch the Real Estate Valuation Advisory practice in Halifax for CBRE After four successful years of growth with CBRE Mitch formed his own valuation firm operating as a licensed Colliers Intemational partner Today Mitch is one of the most well respected commercial appraisers operating in Atlantic Canada He provides a large amount of valuation work for Homburg Invest and Killam Properties both major real estate firms in the region The benefit of this relationship is that Mitch regularly works in The Netherlands Germany Quebec Ontario and Alberta thus providing a global and national perspective to his work here in Atlantic Canada Mr Wile has experience in the valuation of a wide range of assets classes including Hotel Office Retail Multi Family Residential and Industrial OFFICE Homburg Harris Centre Calgary AB Citadel West Calgary Alberta 11111sley Avenue Dartmouth N S Terrain Group Office Building Bedford IIS The Brewery Market office complex Halifax IIS Trinity Royal office complex Saint John r B Royal Bank Building Saint John IIB HOTEL Casino NovaScotia Hotel Halifax NS IIew Courtyard Hotel Halifax NS new Residence Inn Halifax NS new Hotel Windmill Road Dartmouth IIS Proposed hotel New Glasgow NS Cambridge Suites Hotel Sydney NS Novotel Montreal PQ new Courtyard by Marriott hotel 5t John s NL INDUSTRIAL BD Stevens Summit REIT Portfolio Dartmouth NS Roycom portfolio Burnside Business Park Dartmouth NS Roycom portfolio Bayer s Lake Business Park Halifax NS COLLIERS INTERNATIONAL Our Knowledge is your Property 395 Kate Thompson B Sc B Des Real Estate and Community Planner Colliers Intemational Atlantic Realty Advisors Inc Suite 1304 Cogswell Tower 2000 Barrington Street Halifax NS B3J 3K1 Phone 902 442 8706 Fax 902442 8710 Kate Thompsonl@colliers com EDUCATION Master of Planning Studies inprogress Dalhousie University Halifax NS Graduation 2008 Bachelor of Design Honours Major in Environmental Planning NSCAD University Halifax NS 2004 Bachelor of Science inChemistry University of Prince Edward Island Charlottetown PEl 1982 AFFILIATIONS Canadian Institute of Planners student member www colliers com halifax PRIOR EXPERIENCE Kate Thompson s past experience includes chemistry engineering drafting and education She is a graduate of NSCAD University s Environmental Planning program and has served as an intern with the Municipality of the County of Kings and Ekistics Planning and Design She has lectured in the School of Planning at Dalhousie University since 2005 She is currently coordinator of Healthy Housing Healthy Community a project influencing public policy on health and the built environment Her work includes compiling and communicating current research on the built environment community health relationship developing tools such as facilitated dialogues for working with communities and creation of an assessment tool for existing and proposed development Kate has worked closely with Ross Cantwell on a variety of planning projects since 2005 Her work typically involves gathering background data and preparing case studies and planning assessment reports including municipal plan and policy analysis report editing and assisting with the preparation and conduction of stakeholder and community consultation workshops CONSULTING EXPERIENCE Clearwater Buildings Adaptive Re use Lunenburg Waterfront NS Wrights Cove Land Use and Transportation Plan Dartmouth NS Inland Container Terminal Study Halifax NS Halifax 2014 Commonwealth Games Bid Halifax NS Stratford PEl Town Plan and Municipal Planning Strategy Cornwallis Park Real Estate Disposition Strategy Cornwallis NS Normal College Adaptive Re use Study Truro NS REFERENCES Dr Jill Grant Director School of Planning Dalhousie University 902 494 6586 Michael Macintyre Planning Manager City of Grande Prairie 780 538 0440 COLLIERS INlERNATIONAL Our Knowledge is your Property 396 L 4oc Stefan Hoddinott MURP AICP Planner and Real Estate Consultant Colliers Intemational AUantic Realty Advisors Inc Suite 1304 Cogswell Tower 2000 Barrington Street Halifax NS B3J 3K1 Phone 902 442 8705 Fax 902442 8710 Stefan Hoddinott@colliers com EDUCATION Master of Urban and Rural Planning Dalhousie University Halifax NS 2001 Bachelor of Arts in Geography minor in Political Science Mount Allison University Sackville NB 1999 AFFILIATIONS American Institute of Certified Planners American Planning Association Canadian Institute of Planners provisional wwwcolliers com halifax PRIOR EXPERIENCE Stefan began his professional career in 2001 as a Junior Planning Consultant with ATi Consulting later that year he moved to Public Works and Govemment Services Canada PWGSC to work as a Real Property Officer This position was part of a special management development program where he received training in the areas of property management office accommodation and real estate He was quickly promoted to a Real Estate Advisor In this position he was responsible for property acquisitions and disposals real estate investment analysis real estate management plans and providing land use planning advice In 2007 he joined Colliers Intemational Atlantic Realty Advisors CONSULTING EXPERIENCE Appraisal of private heavy industrial park Dartmouth NS 2007 Dominion Building Re use Study Charlottetown PEl 2007 Waterfront Masterplan for the Souris PEl Harbour Authority 2007 23 Million divestiture Assessment of Real Estate Market for Development of 300 acres in Bible Hill NS 2007 Assessment of Sydney Industrial Market 2007 Moncton Govemment of Canada Building Options Analysis for a heritage building Moncton NB DFO Partridge Island lighthouse Site Disposal ongoing brownfield site Saint John NB Assessment of Market Options Four Properties around Sydney Harbour Sydney NS REFERENCES Janice Snair Regional Manager Real Estate Services Public Works and Govemment Services Canada 902 426 5625 Perry Rideout Manager Planning and Real Estate Services Fisheries and Oceans Canada 902 426 6223 Melanie Wilson Planning Director Wake County Planning Department Raleigh NC 919 856 6315 COLLIERSINTERNA110NAL Our Knowledge is your Property 397 CURRICULUM VITAE NAME BORN Daniel K Glenn B L A C S LA A P A LA A S LA d GLENN GROUPMintoNewBrunswick EDUCATION Bachelor of Landscape Architecture 1982 University of GuelphNewTownsNorthernLondonPolytechnicLondonEngland Plant Ecology University of Toronto Ontario Landscape Heritage Conservation Course 1995 Montreal Quebec POSITIONS HELD 2007 Present President Glenn Group Ltd Landscape Architects and Park Planners Fredericton New Brunswick 1983 2007 1982 1983 1980 1981 President Daniel K Glenn Ltd Landscape Architects and Park Planners Fredericton New Brunswick Resource Planner Department of Tourism Fredericton New Brunswick Manager in Building Design Bell Canada Toronto Ontario PROFESSIONAL AFFILIATIONS AWARDS Canadian Society of Landscape Architects Board of Governor 1993 1995 Atlantic Provinces Association of Landscape Architects President 1992 1994 Landscape New Brunswick American Society of Landscape Architects New Brunswick Environment Industry Association 2006 Harbour Passage Ramp Premier s Council on Accessibility 2006 Downtown Shediac Streetscape Plan Provincial Planning Award 2005 Harbour Passage Saint John Waterfront Regional Merit Award CSLA Awards of Excellence 2001 Kingsbrae Garden Best National Outdoor Site Attractions Canada Award 2000 Hopewell Rocks Tidal Exploration Society of American Travel Writers Phoenix Award 1999 The Rocks Redevelopment Best New Site Attractions Canada Award 1999 The Rocks Redevelopment Highly Commended for environmental sensitivity British Airways Tourism for Tomorrow Award 1999 Soil Conservation Leo Hayes High School Landscape New Brunswick 1996 Outstanding Contribution to Horticulture Landscape New Brunswick EXPERIENCE Mr Glenn is a highly experienced tourism planner and site designer He has prepared over 600 major private municipal provincial and federal plans for all forms of developments He is thoroughly familiar with the Pugsley site having prepared preliminary concepts for the proposed redevelopment of Pugsley Park and construction documents for the recently revitalized Water Street 398 Relevant Past Projects Harbour Passage Phase I V Saint John Waterfront Holiday Inn Hotel Resort Mactaquac Head Pond Lakeside Lodge and Resort Grand Falls Mill River Resort PEl Revitalization Master Plan Rodd Inn Moncton Revitalization Plan Country Inn Suites Fredericton Saint John Bathurst Miramichi Moncton Fredericton Exhibition Centre Development Scheme Fredericton Convention Complex and Parking Garage ongoing Royal Court High rise seniors housing in Fredericton and Riverview Mount Carleton Provincial Park Eco Lodge Concept Villas of Ellerdale Housing Development Rocca Saint John ongoing Turnbull Nursing Home Renovation and Expansion Saint John Carleton Manor Nursing Home Woodstock Kingswood Golf Course parking lot landscaping and hotel concept Fredericton Downtown Streetscape Plans for Fredericton Bathurst Dalhousie Grand Falls S1 Stephen Riverview Minto Chipman Woodstock Bath Bristol Peticodiac Harvey Montague PEl Lower Sackville NS Tignish PEl Summerside PEl Alberton PEl Mount Stewart PEl Souris PEl Rothesay S1 Basille Ste Anne S1 Leonard Cap Pele Canterbury Salisbury Meductic Tracy Renforth Douglastown Doaktown Kedgwick Blackville Quispamsis Campbellton Waterfront Plans for Northport PEl Westpoint PEl North Cape PEl Souris PEl Murray Harbour PEl Morell PEl Bathurst Dalhousie Campbellton Neguac Petit Rocher Hartland Grand Falls Miramichi Moncton Fitzgerald Pond NFLD Perth Andover Border Crossing S1 Thomas University 1991 2007 Kings Square Refurbishment Plan Saint John Rothesay Commons Refurbishment Fredericton Military Compound Queens Square Refurbishment Fredericton Old Government House Restoration Fredericton The Fundy Trail The Rocks at Hopewell Cape Kingsbrae Gardens S1 Andrews Harbour Passage Pavilion Harbour Passage Trail 399 AANB NSAA AlA NCARB MRAIC English B A History University of New Brunswick Bachelor ofArchitecture 1977 Dalhousie University B Env Des Environmental Design Dalhousie University years of professional experience 30 years with the firm 4 Michael was a Partner with DFS Inc Architects for oyer 17 years His background includes commercial institutional industrial and extensive residential experience He won the Alpha Rho Chi Architecture Medal for scholastic and extra curricular achievement and the New Brunswick Housing Competition A ward for low cost energy efficient design in 1982 Michael also co authored and published The Nasonworth Ilouse a paper presented at the Canadian Solar Energy Conference on Prince Edward Island Most recently Michael established the firm ofDFS International in Bejing which was formed to provide architectural design services to corporate clients throughout China Over the last 7 years he managed the design of a number of large residential developments TOSS Solutions Inc en f 1 t Hl i Michael Start TOSS Solutions Inc Beijing Rose Garden Changping District Beijing Master Plan Building Design Landscape Design and Interior Design 1 5459 hectares Responsibilities Principal Tianjing Garden Villas Beijing China Master Planning Building Design of8 types 116 5 hectares Responsibilities Principal Liuzllou Gutingshan Urban Design Liuzhou China Urban Design 600 hectares Responsibilities Principal Flzhou Mountain Villas Fuzhou Fujian Province China Housing Development Master Planning Building Design Landscape Design Responsibilities Principal Laizhen Xianggeli Housing Development Beijing China High end apartments and service facilities Master Plan Building Design and Landscape Design 14 5 hectares Responsibilities Principal Zhuxinzhallg New Town Concept Plan Beijing China Apartments and Service Facilities Master Plan Building Design Landscape Design 86 5 hectares RespolIsiblities Principal 400 Our team provides II previous client relationships experience II a fully integrated professional team approach architecture landscape environment project management interior design graphics R international exposure Team approach ttOh JH IHtHrl ll LH J Client benefit understanding ofthe project in depth background experience team provides a comprehensive approach to all project aspects innovative solutions Our approach includes analysis of existing sites and buildings for development potential on many fronts Our knowledge of zoning laws and trends is always current and we examine the potential in every proposed development in terms of existing and future factors Lifestyle implications marketability current and possible lise neighbourhood and environmental impact approval procedures and financial considerations are all included in the information we give our clients Our perspective addresses the precise demographics related to each project and looks at the best ways to appeal to the socio economic niche targeted by our clients Each site has its own sense of place and its own look and each new building will be a synthesis oflocation foml and function Our film recognizes the individual needs ofclients and strives to build custom Consultant Teams specific to those needs so that we may deliver solutions that are special and unique TOSS SolutiollS IllC is a recently established fiml in Saint John New Brunswick yet bolsters over 90 years ofexperience in the field of design and management We are focused on providing project management services strategic planning architecture and interior design solutions for corporations and individuals that have to adapt cost effectively to continually changing requirements Our clients range from commercial to institutional and retail with many having longstanding experience and relationships with principal members ofthe fiml TOSS Solutions Inc 401 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 D UNDERSTANDING AND APPROACH D 1 BACKGROUND We understand that the City of Saint John and the Waterfront Development Partnership are proceeding with the redevelopment of the Saint John Coast Guard site This site was considered a key component of the Urban Strategies waterfront masterplan prepared in 2002 In 2005 the Hardman Group was selected to redevelop the site although negotiations between the Federal Government PWGSC and the City of Saint John have delayed the progress of the redevelopment proposal As the ownership of the site has almost been resolved the City of Saint John now requires the assistance of a real estate consulting group to assist in the structuring of the deal with the Hardman Group including the financial arrangement and the development agreement D 2 PURPOSE OF THIS STUDY AND STUDY OBJECTIVES Based our review of the terms of reference we understand the current study has the following objectives Act as the principal negotiator for the structuring of the deal with the Hardman Group Negotiate a financial arrangement with the developer that is satisfactory to the City of Saint John and the Saint John Development Corporation Work with various designers and engineers to coordinate all aspects of the proposed development agreement P Cl PAGE 13 402 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 E METHOD The following scope of work outlines the consulting team s responsibilities regarding the completion of the consulting assignment E 1 BACKGROUND REVIEW In order to make our first trip to Saint John efficient Colliers will review the background reports and documents relevant to the study prior to our start up meeting with the City We will review the following documentation before our trip Appraisals prepared for the City and PWGSC Consulting Reports Engineering Assessments and Studies The Original RFP Negotiations MOU The Hardman Group Proposal Others as Required E 2 PROJECT FAMILIARIZATION AND START UP MEETING 1 The start up meeting should accomplish the following objectives 1 The Saint John Development Corporation SJDC will introduce the project and describe the type of advice they need from the consulting team The meeting will also allow the consulting team to meet the members of the steering committee and establish property reporting protocols Future meeting dates will be set 2 Steering Committee staff will all have an opportunity to elaborate their issues and concerns to the consultants 3 The consultants will review the stakeholder consultation method with SJDC to ensure that both sides are happy with the consultation process and the groups involved 4 The date of the next steering committee meeting will be set E 3 STAKEHOLDER CONSULTATION Once we have compiled all of the background data and had the start up meeting Colliers staff will interview key steering committee public and private sector staff to gain their insight into key issues that need to be negotiated in the development agreement Stakeholders to be interviewed include Board of Directors Saint John Development Corporation City of Saint John Manager l PAGE 14 403 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 City of Saint John Staff Director of Planning Legal Director Real Estate Services etc Saint John City Council Members as directed Saint John Port Corporation Uptown Saint John Others as Identified by the Client These interviews will help us to understand high level macro concerns and to set the context for the negotiation process E4 SUMMARY OF THE CITY S PROJECT OBJECTIVES As this point the consultants will summarize what they have heard through the stakeholder interviews and will present this back to the project steering committee as a summary of City objectives This will highlight the objectives that the City would like to see included in the agreement with the developer e g land use goals for the site financial goals the timing and phasing of development land sale vs land lease etc This will then become a guide for the consultant as we sit down and begin the negotiations with the developer E 5 PRELIMINARY MEETING WITH THE HARDMAN GROUP At this point we will have a preliminary meeting with the developer The goal of this meeting will be to have the developer present their proposal for the subject property and to have the Hardman Group highlight any major issues that they think will be a focus of the negotiation In other words this will be a scoping exercise E 6 REVISED SCHEDULE AND BUDGET At this point the consultants will revise their preliminary budget and schedule for the project This will take into account the E 7 VALUATION MODEL FOR THE REDEVELOPMENT In order to assist the City and the consultant in the negotiation Colliers will prepare a full appraisal of the proposed project While we recognize that the City and PWGSC have both had appraisals prepared for the property within the past 12 to 24 months there are a number of reasons why Colliers would recommend preparing a new valuation of the site including 1 Previous appraisals were just for the PWGSC lands and didn t take into account the lands owned by the City of Saint John Without a common base we will be trying to compare apples the appraisal of just the PWGSC component of the site to oranges the project the Hardman Group is working with which includes both sites PAGE 15 404 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 2 The Hardman Group Proposal includes four phases of development As the financial arrangement is likely to span all four phases we need to understand the break points for each phase i e how much each phase is worth in order to be able to negotiate effectively 3 It has not been determined whether or not the City will sell or lease the land to The Hardman Group An updated appraisal will incorporate this into the valuation method so that the best deal can be structured for the City 4 There is a large amount of economic activity in Saint John at the current time and property markets through North America have been changing rapidly An appraisal that is even 12 months old can miss key financial data that could add hundreds of thousands of dollars of value to the site 5 Finally an accurate and up to date financial model will be a decision making tool that Colliers can use to help move the negotiations process along Once the cash flow model is built we can understand the financial impact of a simple change in the composition of the project adding or deducting 10 to 20 residential or hotel units or a change in project timing The baseline will include the project as described in the 2005 proposal by the Hardman Group with any subsequent amendments based on discussions with them This would include a 130 room hotel 36 40 unit condo tower 110 000 commercial building 30 45 residential units Walkers Wharf 260 stall parking structure 10 150 residential units crescent shaped building 8 10 residential units at Princess Slip 48 unit apartment complex 14 000 retail on Water Street Once developed this financial appraisal model will allow our negotiating team to understand exactly what the development partner sees as a realistic development option We can then begin to understand the financial impact of various changes to the design aspect of the development agreement E 8 DEVELOPMENT AGREEMENT BACKGROUND WORK In order to effectively negotiate with the developer the consultant will need to understand what City staff s key issues are To do this we will circulate a copy of the developers proposal to the planning and engineering departments irwh PAGE 16 405 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 sewer water transportation etc as well as the fire and police department and school district ie all the groups that would regularly review a project where the city was negotiating a development agreement For speed these documents will be circulated early on in the project If these documents have been previously circulated Colliers staff will interview key people in each department to obtain feedback and determine how the issue can be addressed as part of the development agreement E 9 ADDITIONAL STUDIES AS NEEDED As needed we will identify additional information or studies that are needed in order to finalize the financial negotiation or development agreement This might include additional geotechnical information cost estimates design details etc We have included a number of local regional firms as part of our study team although we would be happy to use other consultants as directed by the City of Saint John The fees associated with this additional work would be in addition to the fees charged by Colliers International For example we understand that there are issues related to the cost of renovating the retaining wall around the Coast Guard facility as well as the long term maintenance of this piece of infrastructure Estimates have also been prepared for the cost associated with remediating environmental contamination in the existing Coast Guard buildings Colliers will work with the City s consultants and our own to obtain enough information in order to be able to delineate responsibilities in the development agreement ie the division between the City and the developer In Halifax the Waterfront Development Corporation understands that geotechnical issues on the waterfront are a major challenge for the developer and as a result offers to cost share the cost of piling foundations We will identify and obtain this information which will be used to modify the financial model ie what is the impact of these costs on land value and our negotiations with the developer E 10 NEGOTIATIONS WITH THE DEVELOPER At this point the consultants and the City will be well informed and ready to engage the developer in a detailed negotiation about the site Our approach would be to arrange a series of meetings a quick succession where we tackle a range of issues on the site and come to an agreement with the developer regarding the price for the property and the key points to be included in the development agreement As needed we will call on our sub consultants TOSS Solutions Daniel K Glenn Jacques Whitford or O Halloran Campbell throughout the process to assist us aZil PAGE 17 406 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 in resolving a design or engineering issue or site investigations so that the result can be incorporated into the development agreement We anticipate that this will require a number of negotiation sessions with the Hardman Group Many of these will occur in Halifax as both firms are located here although it is also possible that several sessions could occur in Saint John Although we have estimated a period of time for these negotiations we cannot provide a definitive period of time due to the nature of the process The negotiations will result in two deliverables 1 Purchase and Sale Agreement 2 Development Agreement E 11 PURCHASE AND SALE AGREEMENT We will determine the financial deal structure for the property Based on the discussion earlier on in this proposal this deal structure could include a land purchase or a long term lease we can provide the City with the arguments for and against these two options We will prepare the actual purchase and sale agreement or land lease for review by the City s solicitor in house legal department E 12 DEVELOPMENT AGREEMENT Colliers will prepare the text for a development agreement between the Developer and the City of Saint John We will summarize the key points for the development agreement and will then work directly with City of Saint John staff legal department planning engineering etc to help the City draft and finalize the agreement The consultant will be responsible for all aspects of the financial negotiation and the coordination of the development agreement We will work with the City s legal department John Nugent and planning department Jim Baird to prepare the final text of the development agreement E 13 ECONOMIC IMPACT ASSESSMENT As an option Colliers will partner with Thomas MacGuire Economics to have an economic impact assessment of the proposed development prepared Mr MacGuire was part of the original Urban Strategies study team that prepared the waterfront plan for the SJWP in 2002103 Given the variety of stakeholders around the Saint John Coast Guard Site Redevelopment project it is appropriate to also provide an economic impact assessment of the development Our proposed approach to this analysis would PAGE 18 407 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 included a quantitative assessment of the project cost estimates over the construction period as well as a quantitative and qualitative discussion on the impact of the project once the construction and redevelopment activity has been completed This will be based on the financial details provided by the Colliers financial model e g rents operating costs construction costs etc as well as the vision and potential of the project within the context of the prevailing and foreseeable economic climate in Saint John We will do this through socio economic impact analysis which will include the use of a proprietary input output model that is based on Canada s National System of Accounts The model uses 2001 Statistics Canada input output tables and other data such as salaries tax coefficients etc from 2003 to 2006 The impacts would be measured at the provincial level New Brunswick The main outputs of the 1 0 models are Sales by industry Gross Domestic Product Employment by industry Federal and provincial tax revenues Labour market impacts changes in unemployment We will provide an estimate of revenues needed to support the operation and will compare the incremental addition of office and commercial space with the currently available supply of office and commercial space We will also augment our assessment with data from CHMC and Statistics Canada as well as discussion with CMHC staff in Saint John Our team would need to identify the economic activity generated through the project including where this activity occurred which province what goods or services were involved what was purchased sold and where the goods and services were produced imports vs domestic The data would be collected in the broad categories of expenditures at the construction level and the operational level spending post construction and assuming full occupancy utilization for both the City of Saint John and the Province of New Brunswick E 14 PROJECT COORDINATION AND MEETINGS We anticipate having a weekly interaction with the Principal Negotiating Team including representatives from the City of Saint John planning and legal department as well as the Saint John Development Corporation r PAGE 19 408 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 We would also anticipate regular consultation with the Executive Commission of the Board of the Saint John Development Corporation and Saint John City Council likely one meeting at the beginning of the process and one near the end to obtain feedback on draft documents Formal meeting dates are included the graphic presentation of the Study Method In addition to the above we will provide bi weekly written project management reports to staff at the Saint John Development Corporation so that they understand we were are in the process and any items that are outstanding and need to be resolved in order to keep the project moving forward e g action items for the City or other consultants resources needed etc q iiriJ C PAGE 20 409 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 F BUDGET SCHEDULE AND ADDITIONAL FACTS F 1 BILLING TERMS The City of Saint John will be invoiced on a monthly basis using our time and expense billing system We anticipate that invoices will be paid within 30 days of receipt F 2 INSURANCE Colliers International Atlantic Realty Advisors carries 2 Million of errors and omissions insurance through the Appraisal Institute of Canada F 3 PROJECT SCHEDULE The terms of reference indicate a 16 week completion date for the study While it is understood that the project has been on hold for several years it is not possible to guarantee a completion date for the negotiation of the purchase and sale agreement or the development agreement In theory there is no reason why this cannot be accomplished within this timeframe however due to the nature of the negotiations process it is conceivable that the negotiation could last much longer than this Our goal is to follow the process outlined in this proposal and to keep the City informed as we proceed with the negotiations The attached schedule should provide some context for the time frame of our work FA CONFLICT OF INTEREST The owners and staff of Colliers International Realty Advisors do not own any property in or adjacent to the Coast Guard Site The owners are not involved in any real estate transaction that would give rise to a conflict ie where our advice one way or another would generate a benefit to our firm F 5 FEE PROPOSAL AND PER DIEM RATES Estimating a fixed fee for this consulting assignment is an extremely difficult job as the real estate advisors have no control over the outcome of the negotiations Although the scope of work is fairly straight forward estimating the total amount of time can be quite complex without charging a large premium to the City to cover the uncertainty associated with the contract For example although the City wants to provide an incentive fee for the successful negotiation of the development agreement that is in direct contradiction to the goal of maximizing the return on the land ie obtaining the highest possible sales price or land lease rate Likewise if Colliers rolls over on most of the substantial issues associated with the development agreement it iZj PAGE 21 410 IJ ClJ0JUQJnUCl UCl r f1r 1 f1f 1 0 000 0 UtA wtJVIWN VI0 c Z l C ii ii vo vo vo 5 lI n Cll Q iilSJ0CllQS 3 nJCllC33ir01@l3Jg6RigQQ on 3 ID a 3 vo ft50ngijVl10JII c 1 Q 1 nb R3volvl5CllnQImI1aiO1rDJ Xl il 3J c 1noVnlCllnzL30oCllrJ033Cll1CllI I 3 JneQil i3 3 n c J 0 I Cl 3Q fIi i36 W JJ 1 N 0b fir Ncrb ircr b 0 N crb b b 0 b b fo0 b uo N b N L b N tb t0 0 nno09 o lD lDn 11I j njrlDlD TjclD nj o III 11I ClC III III j0Con lDlDIII Co jio 411 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 will be quite easy to get the Hardman Group to agree to the document This may generate a bonus to Colliers at the expense of the City In our opinion we believe the City will be best served with a traditional time and expense proposal There is a limited period of time that the consultants will have to work on this proposal and as we have only assigned our senior staff there are limits to how much time we can actually bill However we also recognize that the City needs to budget for its expenditures and therefore have provided an estimate of potential consulting fees for this project We can provide fixed prices for the following components of the work 1 Appraisal for the Site 2 Economic Impact Assessment 12 250 plus expenses and HST 7 850 plus expenses and HST Based on these parameters our preliminary estimate of fees for this project is as follows a detailed budget estimate is attached Estimated Colliers Professional Fees Estimated Colliers Expenses Total Estimate for Colliers Support 97 300 9 400 106 700 Plus HST Geotechnical Report Economic Impact Assessment Engineering Reviews Urban Design Support Total Estimate Including Sub Consultants 20 000 7 850 7 500 7 500 149 550 Plus HST As indicated earlier in this proposal once we have completed our initial work and site visit we will prepare a revised time schedule and estimate of consulting fees Beyond these items we will charge our standard per diem rates for all other work undertaken in response to this proposal Our per diem rates are as follows PAGE 22 412 PROPOSAL TO PROVIDE REAL ESTATE CONSULTING SERVICES SAINT JOHN COAST GUARD SITE January 2008 Colliers International 1 Ross Cantwell Director of Consulting Project Manager 1 500 per day 2 Greg Taylor President Chief Negotiator 1 750 per day 3 Mitch Wile AACI Director of Commercial Valuation 1 500 per day 4 Stefan Hoddinott Real Estate Planner and Analyst 1 000 per day 5 Kate Thompson Planner and Administrative Coordinator 800 per day Expenses All expenses will be billed at cost Per diem rates for food etc will not exceed 78 per day excluding hotels f r PAGE 23 413 c czoQJ n0ifne3lO0Sa0gjiitgu0cfle o i gQ 0vo0ir r 3 fD 2 Eirt J gQ 2 ll gtlIIIoIII0 on tl mOiIIIIgIllIIICasEla2IIIVIZncg0cJIIc1 J rUQ0 n ngg0 0nIllulfzSienjggBIIIc2c6IIIIIol5aEOl010 1ft1 W l ii 0rItI VIIII 0tlJ0 c 1lI 0r 0 Jgn0onfOlcIIIj11ljOlII10eeClCIII C VIrI o z g0g n 0 1i f ijii6 lEqjiii3ig na2 z It J o r0 jii e r Clnzo r 0r Iu cz0CN 414 b o g 01 N OIl3 IlaslgO gX e C g 3a agSVIbroQ o xrIlIlQ 02Il 3Il r CIv tD J NC OoN x U1U1 O 0o s Tg o rIl 2 5CICl IlrD3Il r cz t I 5Q n Q o rIl 1 3o r 5 IlIl Il Io t 3III IT1IIIn50 ni3 niCJ I VI 5 g5ofI rb5J5lJQVlDJ ErilS 3alitVI11 U1U 100000U100000 0 i r I I 3 3 n3 ID O noIloafIlJ5 Vl6iilgaifRVI l w0000 0C rVl I I V f 3 0iii III 33Al0fir r G 11 1 1 I T I c c I 5 I I fl I I I I I I I I s S asgilIS311III8gI1811351aaIIIIIIIIIIIilICICl01Qr21nnAllalIIglIII11llrIIIII10IIIIII1rIlIIIIliWiOIiInlIDfInlzIc0VIIs30g0rtfD5IIIIIIIIIIIIIIItIIII0Iil I I FONOOU1NN ON O U1U 10U1U 100j0U10 U1 b lb00000001010000000 I IIII j olo0001I IIIIII I I IOiO I I o 8 1 I 8 III I I o no n n00 I II L I r I fI i I II I0 I oo oo L I I tlIn100 0I IIIn n0 tlIlll ev va J UQ n J 7 JOO3IIII III in5 oSJ nNDDOIllrIIINo0 Q co ino III nn0 In2 ng Ci ro n Q o Q5 iD o Irno0g oJ IS eoIII 5 CI oi IIIIII 0 iilJ n nCICI III III rnao o IIIQ 0III III 415 M & C 2008- 133 April 24, 2008 His Worship Mayor Norm McFarlane & Members of Common Council Your Worship and Members of Council, SUBJECT: DESIGN AND CONSTRUCTION MANAGEMENT: PRINCESS STREET- WATERMAIN, SANITARY AND STORM SEWER INSTALLATION AND STREET RECONSTRUCTION BACKGROUND The approved 2008 Water & Sewerage Utility Fund and General Fund Capital Program includes projects for the design and reconstruction of Princess Street from Prince William Street to Charlotte Street including a new watermain, sanitary sewer, and storm sewer installation. The project includes the funding necessary to engage engineering services to complete the following: · site survey and preliminary investigation; · public consultation process; · preliminary design, and design report with cost estimates; · detailed design; · construction management and inspection services; and · record drawings in digital and hard copy formats. PURPOSE OF THE REPORT The purpose of this report is to make a recommendation for consulting engineering services for the project. 416 M & C 2008 –133 April 24, 2008 Page 2 ANALYSIS On April 11, 2008, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Terrain Group Inc. In response to this request, Terrain Group Inc. submitted a proposal on April 23, 2008. Staff was previously authorized to conduct negotiations with this consultant for engineering services for the Princess Street – Watermain, Sanitary, and Storm Sewer Installation and Street Reconstruction project. A Review Committee of staff completed an analysis of the submission: Brian Keenan, P. Eng. Engineering Manager, Municipal Engineering Jodi Stringer, MIT Project Coordinator, Municipal Engineering Tim O’Reilly, P. Eng. Operations Manager, Transportation Dave Logan, CPPB Purchasing Agent / Manager, Materials and Fleet Management Each member completed a review of the submission, and a subsequent meeting of the Review Committee was held to jointly discuss the information presented in the Terrain Group Inc. proposal. The upset price contained in the proposal was also evaluated by the committee and staff then negotiated with Terrain and settled on an acceptable fee with the consultant for submission to Council for approval. The submission from the Terrain Group Inc. met all of the requirements of the request for proposal, in a manner acceptable to the committee, with a cost-effective bid for the project. FINANCIAL IMPLICATIONS The proposed cost of the work from the Terrain Group Inc. to provide design and construction management services is approximately $357,729.54 including the City’s eligible HST rebate. An amount of $430,000 was included in the 2008 Water & Sewerage Utility Fund Capital Program, and $1,875,000 was included in the 2008 General Fund Capital Program for design, construction management and construction. Engineering fees to cover the cost of design and construction management generally do not exceed 12-17% of the total overall project cost, depending on the nature of the project and the engineering services required. This upset fee is approximately 15.5 % of the total overall project cost, which is considered appropriate for this type of project. 417 M & C 2008 –133 April 24, 2008 Page 3 RECOMMENDATION It is recommended that the proposal of Terrain Group Inc. for engineering services (design and construction management) for Princess Street- Watermain, Sanitary and Storm Sewer Installation and Street Reconstruction be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 418 M & C 2008 - 98 April 22, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council, SUBJECT: Fairville Boulevard – Simms Corner- Bridge Road Corridor PURPOSE: The purpose of this report is to update Council on efforts already put forward regarding community consultation on the Simms Corner reconstruction project as requested by Council at its meeting of March 3, 2008 and further to provide an existing status and update on future planned activities. BACKGROUND As Council is aware, one of the core recommendations of the 1999 Transportation Study was to make needed improvements at Simms Corner. This was part of a package of measures to improve safety, traffic management and to address existing and future network deficiencies. The Simms Corner corridor, extending from Catherwood Street in the west to Reversing Falls Bridge in the east, is an integral part of Provincial Highway Route #100. Consultations must take place with the Provincial Department of Transportation seeking a cost-sharing commitment to this major project. Other business stakeholders must also be consulted to secure land acquisitions and transfers and further potential funding commitments. ANALYSIS On January 15, 2007 Common Council approved retaining an engineering consultant, Terrain Group Inc., to provide design and construction management services for the Simms Corner reconfiguration. As part of the design process, a public consultation process is to be conducted after preliminary design has been completed. 419 M & C 2008 – 98 April 22, 2008 Page 2 Staff made a presentation to the West Side Business Association on December 10, 2007 to receive their input and discuss the reconfiguration generally. Comments from the Association are being considered during the ongoing preliminary design process. Other agencies consulted to date for input to the preliminary design include NB Southern Railway, Transport Canada, Saint John Transit and UNBSJ Upon completion of the preliminary design drawings, a public consultation process will be conducted, later this summer or early fall, to receive input and comments from the general public as a whole. The design process must be receptive to the input from the public and the comments received will be used to further refine the preliminary design before moving to the detailed design process. FINANCIAL IMPLICATIONS The cost to upgrade Simms Corner, as well as Fairville Boulevard from Catherwood Street and Bridge Road to the Reversing Falls Bridge, will be considerable. The cost of the overall project is estimated in the $8 million range - too high for Saint John to fund the project alone. Cost- sharing arrangements must be secured with the Province as well as seeking funding and land commitments from other stakeholders. This process will take some time and must be concluded before the project can proceed. The Design process is well underway and steps must now be taken to secure funding for the project. Discussions have taken place with Department of Transportation staff. A major funding commitment must be secured from the Province and it is recommended that the Mayor, members of Council and senior staff meet with the Minister of Transportation to discuss the importance of the Simms Corner reconstruction project to this community and to initiate the request for a cost- sharing commitment from the Province. Land must be secured for this project and funding commitments are required. This will take time, likely more than a year to complete. The design process will continue, as approved by Council, but due to land acquisition and funding commitments, construction will not likely commence until the 2010 construction season at the earliest. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner, City Manager Municipal Operations & Engineering 420 REPORT TO COMMON COUNCIL lo M C 2008 122 The City of Saint John Apri123 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council SUBJECT Design and Construction Management Simms Corner Reconfiguration PURPOSE The purpose of this report IS to update Council on the status of the Simms Comer Reconfiguration project BACKGROUND On January 15 2007 M C 2007 13 Council approved the engagement of Terrain Group Inc to provide design and construction management services for the above noted project The consultant s upset fee for design and construction management at that time including the City s eligible HST rebate was 472 923 It was recommended and approved by Council that the design component ofthe Terrain proposal approximately 279 580 be charged against the 2006 Capital Program and that the construction management component of the proposal approximately 193 343 be charged against the construction component ofthe project under a future General Fund Capital Program To date Terrain has completed survey and preliminary design work amounting to 61 000 00 under Parts A B ofthe engineering services agreement On July 3 2007 Item 121 Common Council adopted a revised approach to the Simms Comer Reconfiguration that includes a complete corridor upgrade referred to as the Fairville Boulevard Simms Comer Bridge Road Corridor ANALYSIS The original Request for Proposal contained a detailed project scope for the reconfiguration of Simms Comer With the adoption ofthe expanded approach including the complete Fairville Boulevard Simms Comer Bridge Road Corridor upgrade requires that the scope ofwork for the consultant be revised to include the following 421 M C 2008 122 April 23 2008 Page 2 Additional survey Additional geotechnical investigationMultipleupdatestothepreliminarydesign and cost estimates based on changes in scopeExpandedretainingwalldesign Pavement structure design for new alignmentExpandedelectricaldesignforadditionalintersection lighting and intelligent transportationsysteminclusions Labour rate modifications for future construction Railway crossing gate and signal designHardingStreettoLancasterMallintersection reconstruction The 2007 and 2008 General Fund Capital Programs included an additional 650 000 for design andlandacquisitionforthisprojectThetotalapprovedprojectbudgetis820000 FINANCIAL IMPLICATIONS The consultant s upset fee of 472 923 was derived from the original project scope TheincreasedscopewillrequiretheconsultanttoperformadditionalworkoveranextendedperiodoftimeThefinalcostfordesignandconstructionmanagementservicesforthisprojectisexpectedtobe877500Thereisadequatefundingwithintheprojectbudgetstocoverthisadditionalcost RECOMMENDATION It is recommended that the engineering services agreement with Terrain Group Inc forengineeringdesignandconstructionmanagementbeincreasedfrom47292300to87750000asoutlinedinthisreport Respectfully submitted JJ11FnJMPaulGroodyPEng1lCommissioner Municipal Operations Engineering Terrence L Totten F C A City Manager 422 M & C 2008 - 121 April 23, 2008 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Agreement with New Brunswick Southern Railway – Storm Culvert PURPOSE The purpose of this report is to request that Common Council enter into an agreement with New Brunswick Southern Railway for the upgrade of a storm drainage culvert as referenced in this report. PRIMARY REFERENCES 1. Flooding Glenwood / West Side Estates, June 4-5, Report to Common Council, M&C 2006-161, City of Saint John, June 15, 2006 2. Stormwater Management Plan – Glenwood Drive, Report of CBCL Limited (Consulting Engineers) for the City of Saint John, August 2006 3. West Side Estates Storm Water Management Project, Report to Common Council, M&C 2006-240, City of Saint John, August 22, 2006 4. Select Design Option and Complete Detailed Design of an Upgraded NBSR Storm Culvert, Final Design Report of CBCL Limited (Consulting Engineers) for the City of Saint John, May 2007 5. Agreement with New Brunswick Southern Railway – Storm Culvert, Report to Common Council, M&C 2007-315, City of Saint John, September 20, 2007. 6. Storm Water Management, Westgate-Glenwood Catchment Area, Report to Common Council, M&C 2008-03, City of Saint John, January 11, 2008 7. West Saint John Flooding Problem, Report to Common Council, M&C 2008-50, City of Saint John, March 13, 2008 BACKGROUND In early June 2006 approximately 100 mm of rain fell in Saint John, causing flooding in several areas of the city, including in the West Side Estates subdivision off Manchester Avenue. Storm water over spilled the banks of a brook that runs adjacent to this subdivision; water entered the basements of new homes, a portion of Glenwood Drive was underwater for a period of time, and a sanitary pumping station was surrounded by water. 423 M & C 2008 – 121 Agreement with NB Southern Railway – Storm Culvert April 23, 2008 Page 2 A Storm Water Management action plan was implemented immediately following this flooding event to identify the causes of the flooding, to implement solutions to mitigate the potential for similar events in the future, and to maintain communication with stakeholders. A group of local residents, all of whom were affected in some way by the flooding, formed the West Side Estates Committee. This well organized committee allowed for effective communication between the community and City staff. The consulting services of CBCL Limited were engaged at the early stages to assist in achieving the objectives of this project. CBCL Limited produced a report titled “Stormwater Management Plan – Glenwood Drive”, which studied the overall drainage basin and recommended several improvements to mitigate the potential of future flooding. Included in the recommendations of this study was the need to upgrade a major storm drainage culvert under the railway tracks. This culvert is located along the same brook that over spilled its banks, immediately downstream of the subdivision. This culvert is part of railway infrastructure owned by New Brunswick Southern Railway (NBSR). “The inability of the [storm culvert] to handle the flows will continue to cause these types of [flooding]. With continued growth in the area, the problem will get worse as concentration times are shorter and more land is developed.” The size of this culvert would need to be at least 2.4 metres (approximately 8 feet) in diameter, depending upon the material type used and other factors. Several milestones of the Storm Water Management action plan have been achieved. In fact, the upgrade to this culvert remains the final deliverable of this project. Staff commenced communications with NBSR in September 2006 to discuss the upgrade of their storm culvert – after receiving approval from Council. Communications have continued to date towards a shared solution. ANALYSIS The attached proposed Agreement, which is signed by the appropriate NBSR representatives, is of the result of successful communications between City staff and the railroad company. A draft Agreement, substantially the same as presented with this report except for the change in completion date, was first presented to Council in Committee of the Whole with M&C 2007-315. However that version of the Agreement was not signed by NBSR representatives. Execution of this Agreement, resulting in the upgrade of this culvert, would be beneficial to the community. The risk of flooding to the homes of citizens that live near the brook would be appropriately mitigated; for one, new homeowners at the most vulnerable point 424 M & C 2008 – 121 Agreement with NB Southern Railway – Storm Culvert April 23, 2008 Page 3 should no longer need to worry every time it rains. The City would also be able to permit further development in the area as the design of the proposed culvert would accommodate the increased demand on the storm water system. Under the proposed Agreement, NBSR would construct the culvert in 2008; an arrangement they prefer as the infrastructure belongs to the company. The company has access to the resources necessary to complete construction in a timely manner and to coordinate railway operations with that work. Staff also believes that this approach is in the City’s best interest - limiting cost, risk and potential liabilities. Although the culvert is to be constructed by NBSR, staff has ensured the most critical consideration remains as part of the agreement; that the culvert is constructed to such a capacity that the risk to flooding to residents upstream is appropriately mitigated. FINANCIAL IMPLICATIONS Council approved $450,000 in the 2007 General Fund Capital Program – Storm Category for this project. The City’s contribution towards this project, if Council approves the proposed Agreement, would be approximately $445,000; consultant design services totals approximately $35,000 and the City’s contribution toward construction as per the proposed Agreement would be $410,000. These funds were approved with an expectation that an equivalent amount would be contributed by NBSR to fund the necessary work; the proposed Agreement reflects that this will be the case. INPUT FROM OTHERS The Legal Department has advised, drafted the Agreement, and remained in contact with Legal representatives of NBSR. CONCLUSIONS The upgrade of this storm drainage culvert represents the final piece of the action plan to appropriately mitigate the potential of future flooding in the West Side Estates subdivision. Its completion will be beneficial to the City of Saint John, future development in the area and, most importantly, the citizens who currently live in the subdivision. Staff and NBSR representatives have been working since September 2006 toward the Agreement, which will permit this upgrade given that the culvert is part of their railway network. The City’s experience with NBSR on this project has been very positive, with communication open throughout. The proposed Agreement, which will benefit the City and NBSR, was developed as a result of a shared commitment to the community. It is also significant that area residents formed the organized West Side Estates Committee. This group worked proactively and closely with staff and others to bring about this success. 425 M & C 2008 – 121 Agreement with NB Southern Railway – Storm Culvert April 23, 2008 Page 4 RECOMMENDATION It is recommended that Common Council enter into the Agreement with New Brunswick Southern Railway, as attached, for the upgrade of the storm drainage culvert referenced herein and that the Mayor and Common Clerk be authorized to sign the Agreement on behalf of the City of Saint John. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 426 427 428 429 430 i r 1 f3 Saint John Parking Commission M Commission sur Ie stationnement de Saint John April 22 2008 Elizabeth Gormley Common Clerk City of Saint John 8th Floor City Hall Saint John NB Dear Ms Gormley RE Appointment of Pat Allen Canadian Corps of Commissionaires as a By Law Enforcement Officer 11th Floor qity Hall 11 ieme Etage Hotel de Vilie P O Box 191 C P 1971 Saint John BN B E2L 4L 1 Tel Tel 5P6 658 2897 Fax Telecqpieur 506 649 7938 E mail CoL rriel parking@saintjohn ca We are requesting that the following resolution be presented t4 Common Council for approval Resolved that pursuant to Section 14 of the Police Act of the Province of New Brunswick the Common Council of the City of Saint John does hereby appoint the following me ber of the Canadian Corps of Commissionaires as By Law nforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By Law and the provisions of Sectiqn 5 Section 7 Section 8 1 and Section 15 of the Saint John Trcjlffic By Law namely Pat Allen And further that this appointment shall continue until uch time as the appointee ceases to be a member of the Canadlan Corps of Commissionaires or until the appointment is rescinded iby Common Council whichever comes first RJS sm www saintjohn ca431 f tlY Saint John Parking Commission Commission sur Ie stationnement de Saint John April 22 2008 Elizabeth Gormley Common Clerk City of Saint John 8th Floor City Hall Saint John NB Dear Ms Gormley RE Appointment of Jody Collins Canadian Corps of Commissionaires as a By Law Enforcement Officer 11th Floor Gity Hall 11ieme Etage Hotel de Vilie P O Box 19171 C P 1971 Saint JOhn BN B E2L 4L 1 Tel Tel 5 6 658 2897 Fax Telec pieur 506 649 7938 E mail Co rriel parking@saintjohn ca We are requesting that the following resolution be presented t Common Council for approval Resolved that pursuant to Section 14 of the Polic Act of the Province of New Brunswick the Common Council of the City of Saint John does hereby appoint the following merjnber of the Canadian Corps of Commissionaires as By Law t nforcement Officer with the responsibility and authority to enforce provisions of the Parking Meter By Law and the provisions of SectiQn 5 Section 7 Section 8 1 and Section 15 of the Saint John Tr ffic By Law namely Jody Collins I And further that this appointment shall continue until uch time as the appointee ceases to be a member of the Canadilan Corps of Commissionaires or until the appointment is rescinded Iby Common Council whichever comes first RJS sm ard J Smith eral Manager www saintjohn ca432 April 25, 2008 Your Worship and Councillors: SUBJECT: Caliber Consulting Limited Subdivision 1060 Sandy Point Road (File) On March 18, 2008 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its April 8, 2008 meeting. The applicant, Andrew Toole of Terrain Group Inc., appeared before the Committee in support of the application and staff recommendation. Mr. Toole did request an additional variance that would reduce the minimum front yard requirement of 7.5 metres (25 feet) to approximately 6.5 metres (21.3 feet) for all the townhouse buildings abutting the proposed new street. The applicant explained that the developer wanted to achieve a more cluster design with this aspect of the project. Staff did not have any objection, and pointed out that the public street right-of-way would be 20 metres (66 feet) wide. There were no other presentations made at the meeting concerning this application, and no letters were received from area residents. After considering the matter the Committee resolved to adopt the following recommendation, which is set out below for your convenience. The Committee granted the requested variances, including the variance for relief from providing Land for Public Purposes on the conditions as recommended by staff, as well as the proposed new street name. The Committee has already provided Common Council with a favourable recommendation concerning the requested rezoning of the subject property. 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 Caliber Consulting Limited Subdivision tentative plan, which involves the construction of a new public street over the subject area and adjacent City owned property (PID No. 00469486), as well as to any required municipal services and public utility easements. 433 Planning Advisory Committee Page 2 April 25, 2008 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. 3. That Common Council authorize cost sharing outside the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By-law. 4. That Common Council authorize the preparation and execution of an agreement pursuant to Section 101 of the Community Planning Act between the City of Saint John and Caliber Consulting Limited in accordance with the conditions imposed by the Planning Advisory Committee regarding the improvements on the adjacent City owned property along University Avenue, also identified as being PID No. 00469486. 5. That Common Council authorize the permanent placement of a sign indicating the name of the subdivision development, provided the location, size and appearance is acceptable to the Development Officer and Chief City Engineer. Respectfully submitted, Stephen Horgan Chairman MRO Attachments Project No. 08-108 434 DATE: APRIL 7, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF APRIL 8, 2008 Mark O'Hearn Planning Officer SUBJECT: Caliber Consulting Limited Rezoning, Subdivision and Variance Application 1060 Sandy Point Road (File) Since the time of preparing the report for the above application an acceptable name for the proposed street has been received. It would be appropriate to include the additional recommendation stated below. STAFF RECOMMENDATION TO COMMITTEE: 10. That the Planning Advisory Committee approve the street name “Arlington Crescent” for this proposed subdivision development. MRO/m Project No. 08-108 435 DATE: APRIL 4, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF APRIL 8, 2008 Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Terrain Group Inc. Name of Owner: Caliber Consulting Limited Location: 1060 Sandy Point Road (File) PID: 55164545, 55165781, 55173918 & 55159925 Municipal Plan: Neighbourhood Centre & Medium Density Residential Millidgeville Secondary Plan: Development Area B – University Avenue Zoning: Existing: “B-2” General Business, “RM-1” Three Storey Multiple Residential, “R-1A” One Family Residential & “P” Park Proposed: “B-2” General Business, “RM-1” Three Storey Multiple Residential & “TH” Townhouse Proposal: To permit the subject area to be developed with commercial activities towards Sandy Point Road, and residential land 436 Caliber Consulting Limited Subdivision Page 2 1060 Sandy Point Road (File) April 4, 2008 uses at the rear with public street access to University Avenue. Type of Application: Rezoning, Subdivision and Variances that would: (a) Reduce the minimum local street right of way width standard of 20 metres (66 feet) to approximately 18 metres (60 feet); (b) Increase the maximum height standard of 3 storeys or 11 metres (36 feet) to approximately 4 storeys or 15.4 metres (50.5 feet); (c) Increase the maximum lot occupancy of 30% standard to approximately 34%; and (d) Reduce the minimum lot area requirement of 1.67 hectares (4.13 acres) to approximately 1.38 hectares (3.41 acres). JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee’s recommendation will be considered by Common Council at a Public Hearing on Monday, April 14, 2008. The Act authorizes the Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and municipal services and public utility easements, as well as cost sharing for piping materials outside the limits of the subdivision, and the authorization of City/Developer Subdivision Agreements. The Act also authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Subdivision and Zoning By-laws. Conditions can be imposed by the Committee. The Subdivision By-law authorizes the Planning Advisory Committee to approve the names of new streets in conjunction with the subdivision of land. 437 Caliber Consulting Limited Subdivision Page 3 1060 Sandy Point Road (File) April 4, 2008 STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land with an area of approximately 9.2 hectares (22.7 acres), located at 1060 Sandy Point Road, also identified as being PID Nos. 55165781, 55173918 & 55159925, from “B-2” General Business, “TH” Townhouse, “R-1A” One Family Residential & “RM-1” Three Storey Multiple Residential to “B-2” General Business, “RM-1” Three Storey Multiple Residential & “TH” Townhouse as illustrated on the submitted plan by Terrain Group Inc. dated March 12, 2008. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act: (a) commercial development occurring on the proposed “B-2” portion of Lot 08- 1001, having an approximate area of 2.06 hectares (5.09 acres), also identified as PID No. 55165781, be subject to the following conditions: (i) The following land uses shall be prohibited: a beverage room, club or lounge, a gasoline bar, car sales lot or a mobile home or travel trailer sales lot, a repair garage or service station, a car wash and/or truck wash, or an office or parking area for a taxi business; (ii) Development shall be in accordance with a detailed site plan approved by the Development Officer illustrating an asphalt parking area and driveway enclosed by continuous concrete curbing; (iii) Development shall be in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer, including the installation of any necessary catch basins; (iv) All main buildings shall be serviced by municipal water and sewer and underground public utilities; (v) The façades of all main building shall be constructed in accordance with a detailed elevation plan approved by the Development Officer; (vi) All areas not occupied by buildings, parking areas and driveways shall be landscaped within six (6) months from the issuance of a building permit for the commercial development; (vii) There shall be no vehicular access constructed to University Avenue, and except as otherwise provided in the Section 101 Agreement (see below), that the existing treed area must remain undisturbed in the area governed by the Tucker Park Trust; and 438 Caliber Consulting Limited Subdivision Page 4 1060 Sandy Point Road (File) April 4, 2008 (b) residential development occurring on the remainder of the subject land, having an approximate area of 7.14 hectares (17.64 acres), be subject to a condition that any blasting be in accordance with a program developed with representatives of Canadian Blood Services (CBS), which among other matters will determine beforehand the exact times of blasting and acceptable seismographic impacts (if any) on the immediately adjoining CBS property at 405 University Avenue (PID No. 00437566). Further that upon rezoning the subject area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. 3. That, if and when third reading is given to this rezoning application, Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the attached photo-reduced Caliber Consulting Limited Subdivision tentative plan, which involves the construction of a new public street over the subject area and adjacent City owned property (PID No. 00469486), as well as to any required municipal services and public utility easements. 4. 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. 5. That Common Council authorize cost sharing outside the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By-law. 6. That Common Council authorize the preparation and execution of an agreement pursuant to Section 101 of the Community Planning Act between the City of Saint John and Caliber Consulting Limited in accordance with the conditions imposed by the Planning Advisory Committee regarding the improvements on the adjacent City owned property along University Avenue, also identified as being PID No. 00469486. 7. That Common Council authorize the permanent placement of a sign indicating the name of the subdivision development, provided the location, size and appearance is acceptable to the Development Officer and Chief City Engineer. 8. That the Planning Advisory Committee grant the following variances from the requirements of the Zoning By-law for the proposed condominium development that would: (a) Increase the maximum height standard of 3 storeys or 11 metres (36 feet) to approximately 4 storeys or 15.4 metres (50.5 feet); 439 Caliber Consulting Limited Subdivision Page 5 1060 Sandy Point Road (File) April 4, 2008 (b) Increase the maximum lot occupancy of 30% standard to approximately 34%; and (c) Reduce the minimum lot area requirement of 1.67 hectares (4.13 acres) to approximately 1.38 hectares (3.41 acres). 9. That the Planning Advisory Committee grant a variance from the requirements of the Subdivision By-law that would relieve the Developer from providing any Land for Public Purposes dedication for the proposed subdivision on the following conditions: (a) That work be undertaken in accordance with a detailed plan, subject to the approval of the Development Officer, with regards to improvements on the adjacent City owned property along University Avenue, also identified as being PID No. 00469486; (b) That such work be at least equal to the monetary value that would have been realized for this subdivision had a cash in-lieu Land for Public Purposes dedication been required, and that such determination be made by the Development Officer; (c) That the work to be completed within two (2) years from the endorsement of any subdivision plan relating to this residential development; and (d) That a Section 101 Agreement be entered into between the developer and the City of Saint John imposing the above conditions. BACKGROUND: On February 24, 2004 the Planning Advisory Committee favourably considered a similar proposal by the former landowner (Percy Wilbur of Property Management/Proman Ltd.). That application involved the redesignation and rezoning for an existing garden centre at 1050 Sandy Point Road, and the proposed inclusion of further commercial development towards the intersection of Sandy Point Road and University Avenue. Specifically, this area was redesignated from Medium Density Residential to Neighbourhood Centre and concurrently rezoned from “RS-2” One and Two Family Suburban Residential & “P” Park to “B-2” General Business. The Millidgeville Secondary Plan was also amended to include the following policy: Another Neighbourhood Commercial Centre in the vicinity of the intersection of Sandy Point Road and University Avenue is also encouraged. Given the proximity to the Saint John Regional Hospital, offices for doctors and other medical practitioners is conceivable. Other commercial land uses could also be permitted. 440 Caliber Consulting Limited Subdivision Page 6 1060 Sandy Point Road (File) April 4, 2008 Consistent with the existing policies of the Secondary Plan, the following Section 39 conditions were also imposed for the commercial area (which includes the existing garden centre on the adjacent property at 1050 Sandy Point Road): (a) The following land uses shall be prohibited: a beverage room, club or lounge, a gasoline bar, car sales lot or a mobile home or travel trailer sales lot, a repair garage or service station, a car wash and/or truck wash, or an office or parking area for a taxi business; (b) Development shall be in accordance with a detailed site plan approved by the Development Officer illustrating an asphalt parking area and driveway enclosed by continuous concrete curbing; (c) Development shall be in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer, including the installation of any necessary catch basins; (d) All main buildings shall be serviced by municipal water and sewer and underground public utilities; (e) The façades of all main building shall be constructed in accordance with a detailed elevation plan approved by the Development Officer; (f) All areas not occupied by buildings, parking areas and driveways shall be landscaped within six (6) months from the issuance of a building permit for the commercial development; (g) That conditions (b) to (f) inclusive apply to Lot 371 only if and when the existing garden centre site is redeveloped with a new commercial use; and (h) There shall be no vehicular access constructed from Lot 39 to University Avenue, and the existing treed buffer must remain undisturbed in the area governed by the Tucker Park Trust. The remainder of the land involved in the previous application was rezoned to accommodate a residential development consisting of one and two family dwellings, townhouses and apartment buildings (see attachments). This area of the site was rezoned from “RS-2” One and Two Family Suburban Residential to “RM-1” Three Storey Multiple Residential, “TH” Townhouse & “R- 1A” One Family Residential. Due to concerns raised by representative from Canadian Blood Services situated immediately to the south of the subject area, the following further Section 39 condition was imposed by Common Council: 1 Existing garden centre situated on the adjoining property at 1050 Sandy Point Road. 441 Caliber Consulting Limited Subdivision Page 7 1060 Sandy Point Road (File) April 4, 2008 Any blasting be in accordance with a program developed with representatives of Canadian Blood Services (CBS), which among other matters will determine beforehand the exact times of blasting and acceptable seismographic impacts (if any) on the immediately adjoining CBS property at 405 University Avenue (PID No. 00437566). While all the necessary assents and approvals were given by the City the development did not occur. The property has since been sold to the new developer who intends to pursue a similar project. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments with regards to this proposed rezoning, subdivision and variance application: (a) A minimum local street right of way width of 20 metres (66 feet) is required in order to provide for proper winter operations and street maintenance. The requested street right of way variance cannot be supported, especially given the density of the proposed development without a secondary street access. (b) The portion of the new street over the City property must be constructed and vested as a public street. (c) The developer must provide a site drainage plan indicating how storm water collection and disposal will be handled. (d) The developer must ensure that the existing water system is of sufficient quantity and pressure for the proposed development. (e) The developer must ensure that the existing sanitary sewer is capable of receiving the anticipated peak flows. (f) All grades for water and sewerage systems must be verified by the developer. (g) The subdivision will require water, sanitary and storm mains, concrete curbs, concrete sidewalk (one side), landscaping, underground public utilities, and street lighting. (h) Traffic island modifications on University Avenue will be required (excavation and reinstatement) to accommodate traffic movements onto/from University Avenue. Building and Technical Services has not provided any comments regarding this application. Saint John Transit has been advised of this commercial/residential development proposal. 442 Caliber Consulting Limited Subdivision Page 8 1060 Sandy Point Road (File) April 4, 2008 Saint John Energy has advised that there are no services on the adjoining portion of University Avenue. Presently the utility company is working with the developer on this project concerning the details and costs associated with extending facilities in order to service the proposed lots. Aliant Telecom has advised that they will work jointly with other utility companies with regards to extending facilities to the proposed lots. Details and costs will be further discussed with the developer as the project proceeds. Rogers has been advised of this application. Maritimes & Northeast Pipeline has no concerns with this matter. Real Estate Services has advised that the adjoining City owned land was gifted to the City and forms part of the Tucker Park Estate Land Grant which restricts development to a public park. The concept of developing a public walkway/trail would appear to be in keeping with this Trust. Plans for any development should be reviewed by the Legal Department prior to commencement. Leisure Services has been advised of this proposed subdivision. Fire Department has been advised of this proposal. N.B. Department of Environment and Local Government has been advised of this tentative subdivision plan. Among other matters NBDOE has indicated that wetlands and watercourses exist throughout the area. Wetland delineation by a recognized wetland delineator of the entire area is recommended prior to any development on this property. Furthermore, any alteration within 30 metres (100 feet) of a watercourse or wetland requires a permit issued by the Department of Environment. Permits will not be issued for alterations that can be avoided during the planning phases of the project. School Board has been advised of this proposed residential subdivision. ANALYSIS: Subject Area and Neighbourhood The subject area is situated near the intersection of Sandy Point Road and University Avenue in Millidgeville (see attached location map). The site is comprised of four parcels of land with an approximate area of 9.6 hectares (23.7 acres). The area is undeveloped except for a residence situated on a small hill in the northern portion of the site (Lot 08-1001). A garden centre (Cedarcrest Gardens) is immediately adjacent to the area at 1050 Sandy Point Road. There is also a dwelling to the south of the garden centre at 1000 Sandy Point Road. 443 Caliber Consulting Limited Subdivision Page 9 1060 Sandy Point Road (File) April 4, 2008 Much of the other land surrounding the property is owned by the City or the Province, including Rockwood Park, the former Howe’s Lake Dump, the University of New Brunswick, the Saint John Regional Hospital, and the Canadian Blood Services building. Development Proposal and Requested Rezoning The proposed project involves the construction of a new public street (Piper’s Brook Road) with approximately 92 individual townhouse units and 3 condominium buildings (Lot 08-100). The condominiums would be 4 storeys in height and provide underground parking (please see attachments). The applicant is seeking permission to rezone the subject property from “P” Park, “B-2” General Business, “TH” Townhouse, “R-1A” One Family Residential & “RM-1” Three Storey Multiple Residential to “B-2” General Business, “RM-1” Three Storey Multiple Residential & “TH” Townhouse. Basically, the rezoning involves an enlargement of the existing “B-2” zoning, a reversal of the existing “TH” and “RM-1” zoning, and the elimination of the previously proposed “R-1A” zoning (please refer to the Background section of this report). A portion of the anticipated townhouse project is proposed to be rezoned to “RM-1” in order to accommodate the possibility of developing additional condominium buildings (subject to further review and approval). Municipal Development Plan – Millidgeville Secondary Plan As mentioned in the Background section of this report, the Municipal and Secondary Plans were amended to permit a Neighbourhood Centre being developed near the intersection of Sandy Point Road and University Avenue. The proposal is basically a minor expansion of the “B-2” General Business zoning to the southwest. The enlargement of the commercial zoning would reflect the new property boundary. This change in the “B-2” zoning can be supported. However, the applicant is also seeking to rezone a 3580 square metre (38,536 square foot) triangular parcel of land situated along University Avenue. This area of the property is part of the Tucker Park Trust originally owned by the City, and regardless of ownership is restricted to the development of a park. Therefore, this area of the property should remain zoned “P” Park. The previous landowner proposed a treed buffer and refrained from seeking commercial zoning for this particular parcel of land. With respect to the residential component of the project, the new developer is requesting to construct condominiums (instead of apartment buildings) adjacent to the commercial area. The south western area would be developed with one and two storey townhouses (see attachments). Given the similarity (and policy support) of the proposed development with the previously approved project, the requested rezoning of the subject area can be readily supported, provided the Section 39 conditions previously imposed are readopted for this application. 444 Caliber Consulting Limited Subdivision Page 10 1060 Sandy Point Road (File) April 4, 2008 Subdivision and Zoning By-law Variances The following variances from the City’s Subdivision and Zoning By-laws are necessary with regards to this development proposal: § A minimum local street right of way width of 20 metres (66 feet) is required, whereas the applicant is requesting an 18 metre (60 foot) width; § A maximum height of 3 storeys or 11 metres (36 feet) is imposed for the condominium buildings, whereas the applicant is requesting heights of 4 storeys or 15.4 metres (50.5 feet); § A maximum lot occupancy of 30% is required for the condominium development (proposed Lot 08-100), whereas an approximate occupancy of 34% is being requested; and § A minimum lot area requirement of 1.67 hectares (4.13 acres) is required for the condominium development, whereas an approximate area of 1.38 hectares (3.41 acres) is being requested. As mentioned by Municipal Operations and Engineering, a 20 metre (66 foot) right of way is required in order to provide for proper winter operations and street maintenance. The requested street right of way variance cannot be recommended, especially given the density of the proposed development without a secondary street access. There appears to be sufficient area to redesign the subdivision with a typical street right of way. This matter has been discussed with the applicant. The project involves the construction of three condominiums buildings on proposed Lot 08-100. Each building would contain 40 dwelling units (mostly two-bedroom with some one-bedroom). There would be 44 underground parking spaces and additional surface parking for visitors. The applicant has advised that the required 60 off-street parking spaces for each building would be provided. Based upon the information provided this aspect of the project can satisfy the applicable “RM-1” Three Storey Multiple Residential zone standards except as mentioned above. The proposed condominium buildings would be approximately 1 storey or 4.4 metres (14.4 feet) higher than allowed in the “RM-1” zone. Given the increased building setbacks this height variance is considered reasonable. With regards to the requested lot occupancy, the “RM-1” zone anticipates that off-street parking will be provided on the ground. In this case condominium owners will be provided underground parking. This reduces the necessity for land in order to develop the site. Therefore, the requested lot occupancy increase from 30% to approximately 34% is considered reasonable. 445 Caliber Consulting Limited Subdivision Page 11 1060 Sandy Point Road (File) April 4, 2008 It should be mentioned that the applicant had initially intended to rezone the condominium area to “RM-2” High Rise Multiple Residential, but given how compatible the project was to the original development, was encouraged by staff to continue with the “RM-1” zone. While the proposed condominium property is below the lot area this project would have satisfied this standard in the “RM-2”, which would have only required a lot area of 1.10 hectares (2.72 acres). The proposed lot has an area of 1.38 hectares (3.41 acres). Under the circumstances it would be appropriate to grant this lot area variance. Subdivision Work and Facilities The proponent is seeking tentative approval for a subdivision consisting of twenty-three (23) lots in order to develop one and two storey townhouses (see attachments). Based on the submitted information this subdivision can satisfy the applicable requirements of the Subdivision and Zoning By-laws, with the exception that the applicant is requesting a reduced public street right of way width of 18 metres (60 feet) instead of providing a typical 20 metre (66 foot) width. The proposed public street will have to be constructed to full City standards, which includes an asphalt surface, concrete curbing, a concrete sidewalk, and underground public utilities. With respect to the utilities, Saint John Energy has advised that extension of facilities will be required in order to service the proposed lots. This matter is presently being discussed with the developer. The commercial lots along Sandy Point Road would also need to be serviced, which will become more feasible once the residential subdivision is undertaken. Provision and capacity must be planned for such servicing through the condominium area. As already noted, a portion of the proposed public street will cross over the adjacent City property along University Avenue. Back in 2004 (or earlier) Common Council authorized the construction of a public street with services over this portion of the property. The new developer is also seeking permission for a permanent sign to be placed within the street right of way at University Avenue. The applicant has provided the type of signage used by the developer elsewhere (see attachments). This request has been recommended provided the Development Officer and Chief City Engineer approves the location, size and appearance of the sign. The recommendation includes all the necessary assents and approvals relating to this subdivision development. Also included in the recommendation is authorization for cost sharing outside the limits of the subdivision. Land for Public Purposes The Subdivision By-law requires that eight (8) percent of the area to be zoned “TH” Townhouse and “RM-1” Three Storey Multiple Residential be vested as Land for Public Purposes. This calculation does not include the proposed public street right of way. Alternatively, Common 446 Caliber Consulting Limited Subdivision Page 12 1060 Sandy Point Road (File) April 4, 2008 Council could accept a cash in-lieu dedication. Given the close proximity to Rockwood Park, such a cash dedication was accepted for the previous development. While the developer could provide the necessary cash dedication, there is a desire to develop a public walkway/trail over the adjoining City owned property (PID No. 00469486). Such an initiative has been supported by the City in the past. The recommendation would relieve the developer of the L.P.P. obligations, on condition that the authorized work to occur on the City property have at least the same monetary value as would have been realized if a dedication had been required. As recommended this will require the approval of an acceptable plan and the execution of a Section 101 Agreement. The Development Officer will consult with staff in other departments to ensure that this matter is properly undertaken. Street Naming The Subdivision By-law requires that new street names be approved by the Planning Advisory Committee. City staff (Civic Addressing) has advised that the proposed name “Piper’s Brook Road” is not acceptable. An acceptable name is expected to be recommended at the meeting. CONCLUSION: The applicant is seeking permission to rezone the subject area in order to undertake a development that would involve commercial land uses along Sandy Point Road and a residential subdivision accessing University Avenue at the rear. This proposal is similar to the previously approved development by the former landowner. The rezoning of the subject property can be recommended except for the portion immediately adjacent to University Avenue, which is governed by the Tucker Park Trust discussed in this report. In light of the similarities of this proposal with the formerly approved development, the same Section 39 conditions that were previously imposed have also been recommended. The recommendation includes all the necessary assents and approvals (including variances) with regards to this project. MRO Project No. 08-108 447 448 449 450 451 452 453 454 455 456 457 458 459 REPORT TO COMMON COUNCIL 3llt April 24 2008 I I His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors City of Saint John SUBJECT Douglas Heights Subdivision Phase 4 Revised 296 Morrison Road Common Council is considering the re assent of the above mentioned subdivision As mentioned in a letter from the Planning Advisory Committee concerning this proposed subdivision Council had assented to a similar tentative plan on March 3 2008 Due to an oversight by staff the recommendation adopted by the PAC for the revised tentative plan did not include a provision that was previously recommended by the Committee and later adopted by Council This provision required sufficient security for the possible construction of a permanent cul de sac turnabout should the next phase ofthe subdivision not proceed within two years as anticipated The staff recommendation only provided the standard clause with regards to the authorization of the CityDeveloper Subdivision Agreement Under the circumstances it would be appropriate for Council to include this additional provision when the Committee s recommendation is considered for this revised subdivision proposal For the convenience of Council the following revision to the recommendation should be considered 3 That Common Council authorize the preparation and execution ofone or more CityDeveloper Subdivision Agreements to ensure provision ofthe required work and facilities including detailed site and drainage plans for the approval ofthe ChiefCity Engineer and that such Agreement s also include additional security for the possible construction of apermanent cul de sac turnabout should the next phase ofthe subdivision not proceed within two years as anticipated R fullY SUbmitted 7 flrV Jim R Baird MCIP Commissioner Planning and Development Terrence Totten F C A City Manager MRO m 460 April 25, 2008 Your Worship and Councillors: SUBJECT: Douglas Heights Subdivision - Phase 4 (Revised) 296 Morrison Road The Planning Advisory Committee originally considered the attached report at its February 26, 2008 meeting, and Common Council assented to this proposed subdivision on March 3, 2008. Since that time, as mentioned in the attached staff report, the developer’s surveyor discovered that a portion of the property boundary for the subject site was incorrectly shown. A revised tentative plan has been submitted for approval. The property boundary has been corrected and the proposed subdivision has been adjusted accordingly. The developer, Michael Lewis, appeared before the Committee in support of the application and staff recommendation. There were no other presentations made at the meeting concerning this application, and no letters were received regarding this revised proposal. After considering the report, the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. The Committee also granted the requested (revised) variances and proposed street name. RECOMMENDATION: 1. That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted tentative Douglas Heights Subdivision – Phase 4 plan illustrating new public and future streets, as well as any necessary public utility easements, on the condition that proposed Lot 08-8 is not residentially developed until such time that the existing telecommunications tower is completely removed from the area. 461 Planning Advisory Committee Page 2 April 25, 2008 2. That Common Council accept a cash in lieu Land for Public Purposes dedication for the proposed tentative Douglas Heights Subdivision – Phase 4. 3. 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. Respectfully submitted, Stephen Horgan Chairman MRO Attachments Project No. 08-057 462 DATE: APRIL 18, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF APRIL 22, 2008 Mark O'Hearn Planning Officer SUBJECT: Douglas Heights Subdivision - Phase 4 296 Morrison Road On February 26, 2008 the Planning Advisory Committee favourably considered the above subdivision proposal (please see attached report). While all the necessary assents and approvals (including requested variances) have been granted, upon further investigation by the developer’s land surveyor it was discovered that the common lot boundary between the subject property and the adjoining Debly Forest Services Ltd. property was incorrectly shown on the original plan. This information was derived from available Service New Brunswick mapping. A revised tentative plan has been received for further consideration. This plan illustrates a similar layout as the original with the same number of proposed lots (see attachments). These lots can satisfy the applicable requirements of the Zoning By-law except as follows: § Lots 08-1 & 08-2 have areas of only 4500 square metres (48,439 square feet) and 4000 square metres (43,057 square feet) respectively, whereas a minimum lot area of 5000 square metres (53,821 square feet) is required; and § Lots 08-4 & 08-5 have portions with depths of only 39 metres (128 feet) to 20 metres (66 feet), whereas a minimum lot depth of 40 metres (131 feet) is required. 463 Douglas Heights Subdivision – Phase 4 Page 2 April 18, 2008 In addition, the Subdivision By-law restricts the length of a cul-de-sac street to a maximum of 105 metres (344 feet). The proposed road would be approximately 370 metres (1,214 feet) from Morrison Road (public street right-of-way) to the temporary turnabout. Consideration of Variances The Committee has already granted a reduction to the minimum lot depth standard to approximately 28 metres (92 feet) and 39 metres (128 feet) for proposed Lots 08-7 & 08-8 (now shown as Lot 08-5 & 08-4 on the revised plan). There still is sufficient depth on both these lots to accommodate the construction of future dwellings. With respect to the new variances relating to reduced areas for proposed Lots 08-1 & 08-2, while it would be preferred that they satisfy the minimum zoning standard, these lots would still meet the provincial requirement of 4000 square metres (43,560 square feet) for the construction of a one-family dwelling (i.e., three bedrooms). Given the circumstances these new variances can be supported for approval. Finally, the Committee has already granted a variance to allow the cul-de-sac to be approximately 323 metres (1,060 feet) in length. The revised plan would increase this length by about 47 metres (154 feet). As the number of proposed lots that would abut this cul-de-sac would not change this slight increase can also be recommended for approval. The revised tentative subdivision plan attempts to maintain the general layout of the originally approved subdivision proposal. The necessary variances are considered reasonable under the circumstances. A revised recommendation concerning this subdivision development is provided below. REVISED STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted revised tentative Douglas Heights Subdivision – Phase 4 plan illustrating new public and future streets, as well as any necessary public utility easements, on the condition that proposed Lot 08-4 is not residentially developed until such time that the existing telecommunications tower is completely removed from the area. 2. That Common Council accept a cash in-lieu Land for Public Purposes dedication for the proposed revised tentative Douglas Heights Subdivision – Phase 4. 3. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and 464 Douglas Heights Subdivision – Phase 4 Page 3 April 18, 2008 facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 4. That the Planning Advisory Committee grant a variance from the requirements of the Subdivision By-law that would increase the maximum cul-de-sac street length standard of 105 metres (344 feet) to approximately 370 metres (1,214 feet). 5. That the Planning Advisory Committee grant variances from the requirements of the Zoning By-law that would: (a) Reduce the minimum lot area requirement of 5000 square metres (53,821 square feet) to approximately 4500 square metres (48,439 square feet) and 4000 square metres (43,057 square feet) for proposed Lots 08-1 & 08-2 respectively; and (b) Reduce the minimum lot depth requirement of 40 metres (131 feet) to approximately 39 metres (128 feet) to 20 metres (66 feet) for portions of proposed Lots 08-4 & 08-5 respectively. 6. That the Planning Advisory Committee approve the new street name “Saddlebrook Court.” MRO/m Project No. 08-057 465 466 467