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2008-07-21_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, July 21, 2008 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Board Room City Hall 1.1 Legal Opinion Litigation 10.2(4)(f,g) 1.2 Property Transaction 10.2(4)(f,g) 13(a)(b) Nominating Committee 10.2(4)(b) Regular Meeting 1. Call to Order - Prayer 6:00 p.m. 1.1 Oath of Office for Swearing In 2. Approval of Minutes 2.1 Minutes July 7, 2008 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Eric Teed - Entrance to Brunswick Sq (Recommendation: Refer to City Manager) 5.2 Eric Teed - Fort LaTour (Recommendation: Refer to Heritage Development Board) 5.3 Linda Steele - Benches on King St (Recommendation: Refer to City Manager & SJ Waterfront Development) 5.4 New Brunswick Historical Society (Recommendation: Refer to Heritage Development Board) 5.5 Heritage Development Board Request to Present (Recommendation: Refer to Clerk to Schedule) 5.6 Reid Parker Supporting Public Consultation (Recommendation: Receive for Information) 5.7 Harold Wright - North of Union Project (Recommendation: Refer to Police/Justice Steering Committee) 5.8 Taxi Scam and Image (Recommendation: Refer to Police Justice Steering Committee) 5.9 Emergency Repairs at 'X' Station 375 Greenhead Rd Wastewater Pumping Station Electrical Rebuild (Recommendation in Report) 5.10 Contract 2008-12: Watermain Flushing Removal (Recommendation in Report) 5.11 Engineering Design Services: Mystery Lake Flood Control System Recommendation in Report) 5.12 Tender for Tires and Tubes (Recommendation in Report) 5.13 Proposal for Market Square Boardwalk (Recommendation in Report) 5.14 Proposed Public Hearing 105 Cranston Avenue and 1060 Sandy Point Rd (Recommendation in Report) 5.15 Street Naming avenue Plaza Ave (Recommendation in Report) 5.16 Peel St & Wellington Row (Recommendation in Report) 5.17 Saint John Greek Festival (Recommendation in Report) 5.18 Transit Commission Request to Present (Recommendation: Refer to Clerk to Schedule) 5.19 Street Naming Yellowgate Rd and Uppercross Rd (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 9. Public Hearings 7:00 p.m. 9.1 Cancellation Request for Public Hearing of 1660 Manawagonish Rd 9.1(a) Proposed Zoning By Law Amendment 1660 Manawagonish Rd 9.1(b) Planning Advisory Committee Recommending Denial Rezoning 1660 Manawagonish Rd 9.2(a)(b) Proposed Municipal Plan and Zoning By Law Amendments 199 Britain St 9.2(c) Planning Advisory Committee Recommending Proposed Municipal Plan and Rezoning Amendments 199 Britain St 10. Consideration of By-laws 10.1 Third Reading 640 Hillcrest Rd 10.2 Third Reading 7 Pokiok Rd 10.3 Proposed Municipal Plan Amendment 443 Boars Head Rd 11. Submissions by Council Members 11.1 Land Banking Reports (Councillor Sullivan)(Forwarded from July 7, 2008) 11.2 Affordable Housing Model (Councillor McGuire) 113 Economic Development Model (Councillor McGuire) 11.4 Uptown Development Land use Plan (Councillor Snook) 12. Business Matters - Municipal Officers 12.1 Public Engagement Policy 12.2 Integrated Community Sustainability Plan 12.3 Internet Acceptable Use Policy 12.4 Tender for Shamrock Tennis Courts Reconstruction 12.5 Supply and Installation of New Lighting System for Millidgeville Sportsfield 12.6 Proposed Skate Board Park Final Authorizations Update 12.7 Contract No. 2008-30: Francis St Drainage Improvements 12.8 Engagement of Financial Expert 12.9 Proposed Minimum Property Standards By-law Information 13. Committee Reports 13.1 Police Commission 2007 Operating Budget Year End Results 13.2 Police Commission 2008 Operating Budget YTD 13.3 Proposed Collective Agreement CUPE Local 486 13.4 Planning Advisory Committee Recommending Follcins Estate Subdivision 1433 Loch Lomond Rd 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 International Longshoremen's Association 16. Adjournment 3 City of Saint John Seance du conseil communal Le lundi 21 juillet 2008 Comite plenier 1. Ouverture de la seance 17 h Salle de conference du 8e Rage a 1'h6tel de ville 1.1 Avis juridique - litige 10.2(4)f, g) 1.2 Transaction relative aux biens-fonds 10.2(4)f, g) 13a) et b) Comit6 des candidatures 10.2(4)b) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 18h 1.1 Assermentation 2. Approbation du proces-verbal 2.1 Proc&s-verbal de la seance tenue le 7 juillet 2008 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Demande relative a 1'entr6e du centre commercial Brunswick Square presentee par Eric Teed (Recommandation : transmettre au directeur general) 5.2 Demande relative au Fort LaTour presentee par Eric Teed (Recommandation : transmettre au Conseil d'am6nagement du patrimoine) 5.3 Demande relative a l'installation de bancs sur la rue King presentee par Linda Steele (Recommandation : transmettre au directeur general et au comit6 de 1'am6nagement du secteur riverain de Saint John) 5.4 Societe historique du Nouveau-Brunswick (Recommandation : transmettre au Conseil d'am6nagement du patrimoine) 5.5 Demande soumise par le Conseil d'am6nagement du patrimoine qui desire se presenter devant le conseil (recommandation : transmettre au greffier pour qu'une date de presentation soit fix6e) 5.6 Appui de Reid Parker a 1'6gard du processus de consultation publique (Recommandation : accepter a titre informatif) 5.7 Question soulev6e par Harold Wright relativement au projet du nord de la rue Union (Recommandation : transmettre au Comit6 directeur de la justice) 5.8 Escroquerie relative aux taxis et image (Recommandation : transmettre au Comit6 directeur de la justice) 5.9 Reparations d'urgence a la station « X » du 375, chemin Greenhead dans le cadre de la remise a neuf du syst&me 6lectrique du poste de pompage des eaux us6es (recommandation figurant au rapport) 4 5. 10 Contrat no 2008-12 relatif a 1'interruption du rin~age de la conduite d'alimentation principale en eau (recommandation figurant au rapport) 5.11 Services de conception technique : Syst&mes de protection contre les inondations de la promenade Mystery Lake (recommandation figurant au rapport) 5.12 Soumissions relatives aux pneus et aux chambres a air (recommandation figurant au rapport) 5.13 Soumission relative a la promenade Market Square (recommandation figurant au rapport) 5.14 Audience publique visant les propri6t6s situ6es au 105, avenue Cranston et au 1060, chemin Sandy Point (recommandation figurant au rapport) 5.15 Attribution de nom de rue - avenue Plaza Ave (recommandation figurant au rapport) 5.16 Rue Peeil et rue Wellington (recommandation figurant au rapport) 5.17 Festival grec de Saint John (recommandation figurant au rapport) 5.18 Demande soumise par la Commission des transports qui desire se presenter devant le conseil (recommandation : transmettre au greffier pour qu'une date de presentation soit fix6e) 5.19 Attribution de nom de rue - chemin Yellowgate et chemin Uppercross (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 19h 9.1 Demande d'annulation de l'audience publique concernant le 1660, chemin Manawagonish 9.1a) Projet de modification de 1'arret6 de zonage visant le 1660, chemin Manawagonish 9. lb) Rapport du Comit6 consultatif d'urbanisme recommandant le rejet de la demande de rezonage du 1660, chemin Manawagonish 9.2a)b) Projet de modification du plan municipal et de 1'arret6 de zonage visant le 199, rue Britain 9.2c) Comit6 consultatif d'urbanisme recommandant le projet de modification du plan municipal et du rezonage propose visant le 199, rue Britain 10. Etude des arretes municipaux 10.1 Troisieme lecture - 640, chemin Hillcrest 10.2 Troisieme lecture - 7, chemin Pokiok 10.3 Projet de modification du plan municipal 443 chemin Boars Head 11. Interventions des membres du conseil 11.1 Rapports bancaires sur les biens-fonds (conseiller Sullivan) (point report6 de la seance du 7 juillet 2008) 11.2 Modele de logements abordables (conseiller McGuire) 11.3 Modele de d6veloppement 6conomique (conseiller McGuire) 11.4 Plan d'utilisation des terres - D6veloppement du centre-ville (conseiller Snook) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Politique relative a l'int6ressement du public 12.2 Plan de viabilit6 int6gr6 de la collectivit6 12.3 Politique d'utilisation acceptable d'Internet 12.4 Soumission relative a la refectio rides courts de tennis du parc Shamrock 12.5 Fourniture et installation d'un nouveau syst&me d'6clairage pour le terrain de j eu Millidgeville 12.6 Mise a jour des autorisations finales relatives au projet de planchodrome 12.7 Contrat ri 2008-30 : travaux d'am6lioration du drainage sur la rue Francis 12.8 Nomination d'un expert financier 12.9 Renseignements sur 1'arret6 propose concernant les normes minimales applicables aux biens-fonds 13. Rapports deposes par les comites 13.1 Bilan financier de fonctionnement de 1'exercice 2007 de la Commission de police 13.2 Bilan financier jusqu'a ce jour de fonctionnement de 2008 de la Commission de police 13.3 Projet de convention collective relativement a la section locale 486 de la SCFP 13.4 Recommandation du Comit6 consultatif d'urbanisme visant le lotissement Folkins Estate situ6 au 1433, chemin Loch Lomond 14. Etude des sujets ecartes des questions soumises a 1'approbation du consed 15. Correspondance generale 15.1 Association internationale des d6bardeurs 16. Levee de la seance 6 w w OATH OF OFFICE FOR COUNCILLOR (Municipalities Act, R.S.N.B. 1973, c.M-22, s.33(1)) I, , of The City of Saint John, Swear that I am, to the best of my knowledge and belief, qualified for the office of Councillor for the municipality of The City of Saint John, to which office I have been elected, and that I do hereby accept the office of Councillor and will diligently, faithfully and impartially discharge to the best of my ability the duties of the office as may be imposed upon me by law. So help me God. SWORN TO before me at The City of Saint John, in the County of Saint John, and Province of New Brunswick on July 21, 2008. Councillor Common Clerk 7 present Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, McGuire, Mott, Snook, and Titus - and - T. Totten, City Manager; J. Nugent, City Solicitor; Greg Yeomans, Commissioner of Finance and Treasurer; S. Galbraith, Director of Works; K. Forrest, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; B. Reid, Deputy Chief of Police; B. Morrison, Commissioner of Leisure Services; E. Gormley, Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN A L'HOTEL DE VILLE, le 7 juillet 2008 a 19 h Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, McGuire, Mott, Snook et Titus et T. Totten, directeur general; J. Nugent, avocat municipal; Greg Yeomans, commissaire aux finances et tresorier; S. Galbraith, directeur des travaux publics; K. Forrest, commissaire a I'urbanisme et au developpement; W. Edwards, commissaire aux services d'inspection et des batiments; B. Reid, chef de police adjoint; B. Morrison, commissaire aux services des loisirs et E. Gormley, greffiere communale. 1. Call To Order - Prayer Mayor Court called the meeting to order and Councillor Snook offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court, et le conseiller Snook recite la priere d'ouverture. 2. Approval of Minutes 2.1 Minutes of Swearing-in Ceremony May 26, 2008 2.2 Minutes of June 23, 2008 Council Meeting On motion of Councillor Snook Seconded by Councillor Titus RESOLVED that the minutes of the Swearing In Ceremony held on May 26, 2008 and the meeting of Common Council, held on June 23, 2008, be approved. Question being taken, the motion was carried. 2. Approbation du proces-verbal 2.1 Proces-verbal de la ceremonie d'assermentation du 26 mai 2008 2.2 Proces-verbal de la seance du conseil communal tenue le 23 juin 2008 Proposition du conseiller Snook Appuyee par le conseiller Titus RESOLU que les proces-verbaux de la ceremonie d'assermentation du 26 mai 2008 et de la seance du conseil communal du 23 juin 2008 soient approuves. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the agenda of this meeting be approved with the exception of item 5.14 which has been withdrawn. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente seance soit adopte, exception faite du point 5.14 qui a ete retire. A I'issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest 4. Divulgations de conflits d'interets 5. Consent Agenda 5.1 That the letter from Uptown Saint John supporting a Skateboard Park be received for information. 5.2 That the letter from the Saint John Art Club regarding sculptures be referred to the Saint John Community Arts Board. 5.3 That the letter from PRUDE Inc. be referred to the Mayor to write a letter of support. 5.4 That the letter from Enterprise Saint John requesting to present at Council be referred to the Common Clerk to schedule. 5.5 That the letter from Enterprise Saint John requesting Changes to the Letters Patent be referred to the City Solicitor. 5.6 That the letter from Urban Core Support Network requesting to present at Council be referred to the Common Clerk for scheduling. 5.7 That the letter from Enterprise Saint John recommending nominations be referred to the Nominating Committee. 5.8 That as recommended by the City Manager, the tender of Fero Waste & Recycling Inc. be accepted for the establishment of a supply agreement for the collection of residential solid waste in the routes identified in the tender document and for a period from September 29, 2008 through to September 4, 2010, be accepted. 5.9 That as recommended by the City Manager, the report referring to Contract 2008-01: Westgate Park-Sanitary Forcemain Renewal and Installation of Gravity Overflow, be received for information. 5.10 That as recommended by the City Manager, the report regarding the Political Administration Accountability Transaction be received for information. 5.11 That as recommended by the City Manager, the Public Hearing for the consideration of the passing of a By-Law to Stop Up and Close a portion of a public street known as Blue Rock Street (also called Blue Rock Court) as shown and identified on the submitted plan, be set for Tuesday, August 5, 2008 at 7:00 p.m. in the Council Chamber. 5.12 That as recommended by the City Manager, Common Council schedule the ni ihiir hanrinnc fnr tha ra-7nninn nnri Car4inn 3A nmanrimant nnniirn innc of (.nnfarhi irv 5.13 That as recommended by the City Manager, the July 21, 2008 public hearing for the rezoning application of Dan Estey, having an address of 3795 Loch Lomond Road, be cancelled. 5.15 That as recommended by the City Manager, the proposal submitted by the Glenn Group, of Fredericton, N.B., for the Development of a Master Plan for Shamrock Park in keeping with the requirements of the proposal call document and Council's Procurement Policies, and for the estimated total cost of $66,472.50, plus tax, be accepted. 5.16 That as recommended by the City Manager, the proposal of Stantec Consulting Ltd. for engineering design services for the North of Union Infrastructure Upgrades project be accepted, and the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.17 That as recommended by the City Manager, the Mayor and Common Clerk be authorized to execute a lease with Lori Roy for the ground floor premises of 117 Union Street upon the terms and conditions set out in the submitted lease dated June 19, 2008 with the City contributing up to $400. toward Ms. Roy's legal expenses respecting such lease. 5.18 That the letter from Patricia Dashwood regarding tax dollars for Ocean Westway be received for information. 5.19 That the letter from Patricia Dashwood regarding garbage collection be referred to the City Manager. 5.20 That the letter from the International Longshoremen's Association requesting to present at Council be referred to the Common Clerk for scheduling. 5.21 That as recommended by the City Manager, the report regarding Fleming Court Development Project be received for information. 5.22 That as recommended by the City Manager, the proposal from Direct Energy for a "turn key" installation of a new Liebert (model BF067A-BAEI Challenger 3000 with a 95°F Ambient Lee Temp Control Condenser model DCSL083-13, 600/3/60) environmental control system with the necessary peripheral equipment for $58,950. plus HST, be accepted. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively, with the exception of item 5.14, Sale of Goldsworthy Road, which has been withdrawn, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre de Uptown Saint John appuyant la construction d'un planchodrome soit acceptee a titre informatif. 5.2 Que la lettre de Saint John Art Club concernant des sculptures soit transmise au Conseil des arts communautaires de Saint John. 5.3 Que la lettre de PRUDE Inc. soit transmise au maire afin que celui-ci envoie une lettre d'appui. 5.4 Que la lettre de demande d'Enterprise Saint John, visant a faire une presentation devant le conseil, soit transmise a la greffiere communale pour qu'une date de presentation soit fixee. greffiere communale pour qu'une date de presentation soit fixee 5.7 Que la lettre d'Enterprise Saint John recommandant des nominations soit transmise au Comite des candidatures. 5.8 Que, comme le recommande le directeur general, la soumission presentee par Fero Waste & Recycling Inc., relative a ('elaboration d'une convention d'approvisionnement visant la collecte de dechets solides residentiels dans les zones determinees dans le dossier de soumission, pour une periode allant du 29 septembre 2008 au 4 septembre 2010, soit acceptee. 5.9 Que, comme le recommande le directeur general, le rapport s'appliquant au contrat no 2008-01, relatif au renouvellement de la station de relevement et a ('installation d'un trop-plein par gravite au parc Westgate, soit accepte a titre informatif. 5.10 Que, comme le recommande le directeur general, le rapport relatif aux transactions visant la responsabilite en matiere de gestion politique soit accepte a titre informatif. 5.11 Que, comme le recommande le directeur general, I'audience publique relative a 1'examen de I'adoption d'un arrete visant a fermer et a barrer un trongon d'une rue publique connue sous le nom de Blue Rock (aussi appelee impasse Blue Rock), delimitee sur le plan presente, soit tenue le mardi 5 aoot 2008, a 19 h, dans la salle du conseil. 5.12 Que, comme le recommande le directeur general, le conseil communal fixe la date d'audiences publiques au mardi 5 aoot 2008, a 19 h, dans la salle du conseil, relativement aux demandes de rezonage et de modification des conditions imposees par I'article 39 deposees par Canterbury Developments Ltd. (Impasse Blue Rock), Credit Counselling Services of Atlantic Canada Inc. (20, rue Alma) et Irving Oil Ltd. (2, rue First Est), et transmette les demandes au Comite consultatif d'urbanisme en vue de I'etablissement d'un rapport et de la presentation de recommandations. 5.13 Que, comme le recommande le directeur general, I'audience publique du 21 juillet 2008 relative a la demande de rezonage presentee par Dan Estey, du 3795, chemin Loch Lomond, soit annulee. 5.15 Que, comme le recommande le directeur general, la proposition presentee par Glenn Group, de Fredericton, au Nouveau-Brunswick, relative au plan d'amenagement urbain du parc Shamrock, conformement aux exigences afferentes au document d'appel de propositions et aux politiques d'approvisionnement du conseil, au coot estimatif total de 66 472,50 taxes en sus, soit acceptee. 5.16 Que, comme le recommande le directeur general, la proposition presentee par Stantec Consulting Ltd., relative aux services de conception technique visant le projet de modernisation de l'infrastructure du secteur nord de la rue Union, soit acceptee, et que le maire et la greffiere communale soient autorises a signer la documentation exigee a cet egard. 5.17 Que, comme le recommande le directeur general, le maire et la greffiere communale soient autorises a conclure un bail avec Lori Roy visant le rez-de-chaussee situe au 117, rue Union, selon les conditions etablies dans le bail presente date du 19 juin 2008, et que la Ville accorde a Mme Roy une contribution jusqu'a concurrence de 400 conformement aux frais juridiques afferents au bail. 5.18 Que la lettre de Patricia Dashwood, relative aux impots concernant la voie Ocean Ouest, soit acceptee a titre informatif. 5.19 Que la lettre de Patricia Dashwood visant la collecte des ordures soit transmise au directeur general. 5.20 Que la lettre de demande de la International Longshoremen's Association, visant a fairs i ina nracanfn inn rlavanf la rnncail cnit trancmica a In nraffiara rnmmi innia nni it 5.22 Que, comme le recommande le directeur general, la proposition presentee par Direct Energy relativement a ('installation cles en mains d'un nouveau systeme de climatisation d'air Liebert (modele BF067A-BAEI, Challenger 3000 avec le modele DCSL083-B, 600/3/60 de condenseur de la regulation de la temperature sous le vent ambiante a 95 °F) dote de I'equipement peripherique necessaire, au montant de 58 950 TVH en sus, soit acceptee. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que les recommandations formulees pour chacune des questions soumises a I'approbation du conseil, a 1'exception du point 5.14, Vente de la parcelle de terrain portant le NID 340570 situee sur le chemin Goldsworthy, qui a ete retire, soient adoptees. A Tissue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7. Proclamation 8. Delegations/Presentations 8. Delegations et presentations 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By Law Amendment 640 Hillcrest Road 9.1(b) Planning Advisory Committee Recommending the 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 640 Hillcrest Road, having an area of approximately 38.5 hectares, also identified as being PID Numbers 00310615 and 55062053, from "RS-1" One and Two Family Suburban Residential to "RR" One Family Rural Residential classification. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its July 2, 2008 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, to re-zone a parcel of land located at 640 Hillcrest Road as described above. 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 Wes Debly of 186 Churchland Road advising that he is in agreement with staff recommendation. On motion of Councillor Farren Seconded by Councillor Mott RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of The City of Saint John" re-zoning a parcel of land located at 640 Hillcrest Road, having an area of approximately 38.5 hectares, also identified as being PID Numbers 00310615 and 55062053, from "RS-1" One and Two Family Suburban Residential to "RR" One Family Rural Residential classification, be read a first time. On motion of Councillor Farren Seconded by Councilor 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 located at 640 Hillcrest Road, having an area of 38.5 hectares, also identified as being PID Numbers 00310615 and 55062053, from "RS-1" One and Two Family Suburban Residential to "RR" One Family Rural Residential 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". 9.2(a) Proposed Zoning By Law Amendment 7 Pokiok Road 9.2(b) Planning Advisory Committee Recommending the 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 7 Pokiok Road, having an area of approximately 1991 square metres, also identified as being PID Number 55116735, from "R-2" One and Two Family Residential to "TH" Townhouse classification. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its July 2, 2008 meeting at which the Committee decided to recommend approval as set out in the staff recommendation, to re-zone a parcel of land located at 7 Pokiok Road as described above. The Mayor called for members of the public to speak against the re-zoning with Gisele St. Pierre of 22 Pokiok Road submitting a petition from neighbours, and stating that the area should remain 2 family dwellings consistent with the rest of the neighbourhood, and expressing concern that the infrastructure is not sufficient for new development. The Mayor called for members of the public to speak in favour of the re-zoning with Gerry Webster, president of Matrix Management advising that there are other buildings in the area which are a similar size as his proposed high quality development, and advising that he is in agreement with the staff recommendation. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of The City of Saint John" re-zoning a parcel of land located at 7 Pokiok Road, having an area of approximately 1991 square metres, also identified as being PID Number 55116735, from "R-2" One and Two Family Residential to "TH" Townhouse classification, be read a first time. Question being taken, the motion was carried, with Councillor Court voting nay. Read a first time by title, the by-law entitled "A Law to Amend the Zoning By-Law of the City of Saint John". On motion of Councillor Titus Seconded by Councilor McGuire RESOLVED that the by-law entitled, "A Law to Amend the Zoning By-Law of The City of Saint John" re-zoning a parcel of land located at 7 Pokiok Road, having an area of approximately 1991 square metres, also identified as being PID Number 55116735, from "R-2" One and Two Family Residential to "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". 9.1b) Comite consultatif d'urbanisme recommandant le rezonage La greffiere communale indique que les avis requis ont ete publies relativement au projet de rezonage d'une parcelle de terrain situee au 640, chemin Hillcrest, d'une superficie approximative de 38,5 hectares et inscrite sous les NID 00310615 et 55062053, pour faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales et bifamiliales « RS-1 » a zone residentielle rurale - habitations unifamiliales « RR Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie Tors de la seance du 2 juillet 2008, a Iaquelle le comite a resolu de recommander I'adoption de la proposition, comme le souligne la recommandation du personnel, voulant que le conseil communal procede au rezonage de la parcelle de terrain susmentionnee situee au 640, chemin Hillcrest. Le maire invite le public a se prononcer contre le rezonage, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur du rezonage. Wes Debly, du 186, chemin Churchland, indique qu'il appuie la recommandation du personnel. Proposition du conseiller Farren Appuyee par le conseiller Mott RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John modifiant le zonage d'une parcelle de terrain situee au 640, chemin Hillcrest, d'une superficie approximative de 38,5 hectares et inscrite sous Ies NID 00310615 et 55062053, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales et bifamiliales RS-1 » a zone residentielle rurale - habitations unifamiliales « R-R fasse I'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John modifiant le zonage d'une parcelle de terrain situee au 640, chemin Hillcrest, d'une superficie approximative de 38,5 hectares et inscrite sous Ies NID 00310615 et 55062053, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue - habitations unifamiliales et bifamiliales RS-1 » a zone residentielle rurale - habitations unifamiliales « R-R fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John 9.2a) Projet de modification de I'arrete de zonage visant le 7, chemin Pokiok 9.2b) Comite consultatif d'urbanisme recommandant le rezonage La greffiere communale indique que Ies avis requis ont ete publies relativement au projet de modification du zonage d'une parcelle de terrain situee au 7, chemin Pokiok, d'une superficie approximative de 1 991 metres carres et inscrite sous le NID 55116735, pour faire passer la classification s'y rapportant de zone residentielle - habitations unifamiliales et bifamiliales « R-2 » a zone de maisons en rangee « TH Examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 2 juillet 2008, a Iaquelle le comite a resolu de recommander I'adoption de la proposition, comme le souligne la recommandation du personnel, voulant que le conseil communal avec le reste du quartier, la zone ne devrait comprendre que des habitations bifamiliales. Elle se dit inquiete en raison du manque d'infrastructures pour le nouvel amenagement. Le maire invite les membres du public a exprimer leur appui quant au rezonage. Gerry Webster, president de Matrix Management, indique qu'il existe d'autres batiments dans le secteur, dont la dimension est similaire a celle de son projet d'amenagement de haute qualite, et qu'il appuie la recommandation formulee par le personnel. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John modifiant le zonage d'une parcelle de terrain d'une superficie approximative de 1 991 metres carres, situee au 7, chemin Pokiok et inscrite sous le NID 55116735, afin de faire passer la classification s'y rapportant de zone residentielle - habitations unifamiliales et bifamiliales « R-2 » a zone de maisons en rangee « TH fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Le conseiller Court vote contre la proposition. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John modifiant le zonage d'une parcelle de terrain d'une superficie approximative de 1 991 metres carres, situee au 7, chemin Pokiok et inscrite sous le NID 55116735, afin de faire passer la classification s'y rapportant de zone residentielle - habitations unifamiliales et bifamiliales « R-2 » a zone de maisons en rangee « TH fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'arrete de zonage de The City of Saint John 10. Consideration of By-laws 10.1(a) Third reading 79-81 Clovelly Drive 10.1(b) Section 39 Conditions (Councillors Farren and Titus withdrew from the meeting as they were absent from the Public Hearing held on June 23, 2008 for 79-81 Clovelly Drive.) On motion of Councillor McGuire Seconded by Councillor Mott RESOLVED that the by-law entitled, "By-law Number C.P. 110-77 A Law to Amend the Zoning By-law of the City of Saint John", amending Schedule A, the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 730 square metres, located at 79-81 Clovelly Drive, also identified as being PID Number 00370858, from "R-2" One and Two Family Residential to "R-4" Four Family Residential classification, be read. Question being taken, the motion was carried. The by-law entitled, "By-law Number C. P. 110-77, A Law to Amend the Zoning By-law of The City of Saint John, was read in its entirety. On motion of Councillor McGuire Seconded by Deputy Mayor Chase RESOLVED that pursuant to the provisions of Section 39 of the Community Planning Act, the use of the parcel of land with an area of approximately 730 square metres located at 79-81 Clovelly Drive, also identified as being PID Number 00370858, is subject to the condition that a maximum of three dwellinn units is nermitted RESOLVED that the by-law entitled, "By-law Number C.P. 110-77 A Law to Amend the Zoning By-law of the City of Saint John", amending Schedule A, the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 730 square metres, located at 79-81 Clovelly Drive, also identified as being PID Number 00370858, from "R-2" One and Two Family Residential to "R-4" Four Family Residential 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. 110-77, A Law to Amend the Zoning By-law of The City of Saint John." (Councillors Farren and Titus re-entered the meeting.) 10. Etude des arretes municipaux 10.1a) Troisieme lecture visant le 79-81, promenade Clovelly 10.1 b) Conditions imposees par I'article 39 (Les conseillers Farren et Titus quittent la seance puisqu'ils n'ont pas assiste a I'audience publique qui s'est tenue le 23 juin 2008 relativement au 79-81, promenade Clovelly.) Proposition du conseiller McGuire Appuyee par le conseiller Mott RESOLU que I'arrete intitule « Arrete no C.P. 110-77 modifiant I'arrete de zonage de The City of Saint John en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 79-81, promenade Clovelly, d'une superficie approximative de 730 metres carres et inscrite sous le NID 00370858, pour faire passer la classification s'y rapportant de zone residentielle - habitations unifamiliales et bifamiliales « R-2 » a zone residentielle - habitations de quatre logements « R-4 fasse I'objet d'une lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule «Arrete no C.P. 110-77 modifiant I'arrete de zonage de The City of Saint John » est lu integralement. Proposition du conseiller McGuire Appuyee par le maire suppleant Chase RESOLU qu'en vertu des dispositions prevues a I'article 39 de la Loi surl'urbanisme. I'usage d'une parcelle de terrain situee au 79-81, promenade Clovelly, d'une superficie approximative de 730 metres carres et portant le NID 00370858, soit assujetti a la condition suivante, a savoir qu'un nombre maximal de trois logements soit permis. A Tissue du vote, la proposition est adoptee. Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete no C.P. 110-77 modifiant I'arrete de zonage de The City of Saint John en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain situee au 79-81, promenade Clovelly, d'une superficie approximative de 730 metres carres et inscrite sous le NID 00370858, pour faire passer la classification s'y rapportant de zone residentielle - habitations unifamiliales et bifamiliales « R-2 » a zone residentielle - habitations de quatre logements « R-4 fasse I'objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule «Arrete no C. P. 110-77 modifiant I'arrete de zonage de The City of Saint John On motion of Councillor Court Seconded by Deputy Mayor Chase RESOLVED that Staff report to Council in open Council session on the time line and steps to be taken to alleviate the issues with the traffic lights on Rothesay Avenue. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.0 Feux de signalisation de I'avenue Rothesay (maire Court) Proposition du conseiller Court Appuyee par le maire suppleant Chase RESOLU que fors de la seance publique du conseil, le personnel presente un rapport au conseil sur le calendrier et les etapes a suivre pour reduire les problemes lies aux feux de circulation de I'avenue Rothesay. A I'issue du vote, la proposition est adoptee. 11.1 Industrial Expansion Impact on Municipal Services (Councillor Farren) On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that Enterprise Saint John, in conjunction with the Commissioner of Finance, be requested to analyze and report back to Council within five months on the submitted issues within the context of Saint John's Growth Blueprint and that a copy of the letter from Councillor Farren be sent to the Cities of New Brunswick Association. Question being taken, the motion was carried. 11.1 Incidence de 1'expansion industrielle sur les services municipaux (conseiller Farren) Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU qu'Enterprise Saint John, de concert avec le commissaire aux finances, soit chargee d'analyser et de presenter un rapport au conseil dans les cinq mois de la presentation des problemes dans le cadre du plan de croissance de Saint John, et qu'une copie de la lettre du conseiller Farren soit envoyee a I'Association des cites du Nouveau-Brunswick. A I'issue du vote, la proposition est adoptee. 11.2 Public Transportation Fuel Tax (Councillor Titus) On motion of Councillor Titus Seconded by Councillor McGuire Whereas public transportation is of growing economic need in urban centers, and Whereas public transportation, together with "car pooling", "ride share", and "park and ride" will be helpful in reducing "greenhouse gases", and Whereas a reduction in automobiles on city roads will reduce the rising costs associated with infrastructure of our roads, streets and highways, and Whereas public transportation services are a burdensome expense to municipalities and the Provincial Government provides no support for this vital service, and Whereas the cost of fuel and the "tax" associated with will have a major impact on the ability of municipalities to continue with this service, and Whereas the Provincial taxes on fuel used by public transportation is very high; NOW THEREFORE BE IT RESOLVED that the Provincial Government be requested to take the necessary action to rebate the tax imposed on fuel used by municipal public transportation services. Proposition du conseiller Titus Appuyee par le conseiller McGuire Attendu que les services de transport en commun constituent un besoin economique croissant dans les centres urbains; et Attendu que le service de transport en commun, associe au « covoiturage » et aux pares de stationnement incitatif permet de reduire les « gaz a effet de serre et Attendu qu'une reduction du nombre d'automobiles sur les routes de la Ville diminuera la hausse des couts lies aux infrastructures de nos routes, rues et autoroutes; et Attendu que les services de transport en commun representent une depense couteuse pour les municipalites, et que le gouvernement provincial n'offre aucun soutien pour ce service essentiel; et Attendu que le cout de 1'essence et la « taxe » qui y est associee auront une incidence importante sur la capacite des municipalites a poursuivre ce service; et Attendu que Ies taxes provinciales sur 1'essence utilisee par Ies vehicules de transport en commun sont tres elevees; IL EST DONC RESOLU que le gouvernement provincial prennent Ies mesures necessaires pour reduire la taxe imposee sur 1'essence utilisee par Ies services de transport en commun de la municipalite. A Tissue du vote, la proposition est adoptee. 11.3 Absence from Council Meeting (Councillor Killen) On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the letter from Councillor Killen regarding his absence from the Council meetings held on July 7, July 21 and August 5, 2008 be received for information. Question being taken, the motion was carried. 11.3 Absences aux seances du conseil (conseiller Killen) Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que la lettre du conseiller Killen, concernant ses absences aux seances du conseil qui se sont tenues ou qui se tiendront Ies 7 et 21 juillet ainsi que le 5 aout 2008, soit acceptee a titre informatif. A Tissue du vote, la proposition est adoptee. 11.4 Absence from Council Meeting (Councillor Sullivan) On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the letter from Councillor Sullivan regarding his absence from the Council meeting held on July 7, 2008 be received for information. Question being taken, the motion was carried. 11.4 Absences aux seances du conseil (conseiller Sullivan) Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que la lettre du conseiller Sullivan, concernant son absence a la seance du conseil du 7 juillet 2008, soit acceptee a titre informatif. A Tissue du vote, la proposition est adoptee. On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the letter regarding Land Bank Reports be tabled until Councillor Sullivan is present. Question being taken, the motion was carried. 11.5 Rapports bancaires sur les biens-fonds (conseiller Sullivan) - Point reporte Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que 1'examen de la lettre concernant les rapports bancaires sur Ies biens-fonds soit reporte jusqu'a ce que le conseiller Sullivan soit present. A Tissue du vote, la proposition est adoptee. 11.6 Safe Communities & Neighbourhood Legislation (Councillor Snook) On motion of Councillor Snook Seconded by Councillor Farren RESOLVED that the letter from Councillor Snook be referred to the Saint John Police Commission to request that a presentation to Common Council on "Safer Communities and Neighbourhood Legislation" be made by the end of September, 2008. Question being taken, the motion was carried. 11.6 Legislation relative a la securite dans les collectivites et les quartiers (conseiller Snook) Proposition du conseiller Snook Appuyee par le conseiller Farren RESOLU que la lettre de demande du conseiller Snook visant a faire une presentation devant le conseil communal sur une « loi sur Ies voisinages et Ies communautes plus securitaires d'ici la fin du mois de septembre 2008, soit transmise a la Commission de police de Saint John. A Tissue du vote, la proposition est adoptee. 12. Business Matters - Municipal Officers 12.1 Assistant Common Clerk Appointment On motion of Deputy Mayor Chase Seconded by Councillor Titus RESOLVED that Council appoint Jonathan Taylor as Assistant Common Clerk pursuant to Section 74(3) of the Municipalities Act at Step A, Group 5 of the 2008 Management/Professional Salary Grid effective July 14, 2008. voting nay. Question being taken, the motion was carried, with Councillor Court 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Nomination du greffier communal adjoint Proposition du maire suppleant Chase Appuyee par le conseiller Titus RESOLU que le conseil nomme Jonathan Taylor au poste de greffier communal adjoint, conformement au paragraphe 74(3) de la Loi sur les municipalites, que cette nomination entre en vigueur le 14 juillet 2008 et que la remuneration de Jonathan Taylor corresponde a I'echelon A du groupe 5 de I'Echelle de remuneration du personnel de direction et des employes professionnels. On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that Common Council: 1. Authorize staff to complete negotiations with Counsel Corporation for the exchange of lands required for the Fairville Boulevard - Simms Corner - Bridge Road Corridor (New Brunswick Highway #100) project and private development in the area, as a prerequisite for construction of Phase I. 2. Approve Phase I reconstruction of the Fairville Boulevard - Simms Corner - Bridge Road Corridor between Catherwood Street and the new Harding Street connector and Lancaster Mall intersection as described in the submitted report, for tendering in 2008 at an estimated cost of $1,350,000. with an "other share" of $70,000. 3. Redirect $300,000. from the City's share of the Howes Lake Landfill Site project to the above project and add $980,000. to the overall Capital Budget envelope for the General Fund in 2008 to cover the remainder. Question being taken, the motion was carried. 12.2 Phase 1 - boulevard Fairville - coin Simms - couloir du chemin Bridge Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que le conseil communal : 1. autorise le personnel a completer les negociations avec Counsel Corporation en ce qui a trait a I'echange des biens-fonds requis pour le projet (autoroute 100 du Nouveau-Brunswick) de couloir du chemin Bridge, coin Simms - boulevard Fairville - et I'amenagement prive dans le secteur, comme exigence prealable a la construction de la phase 1; 2. approuve la refection du couloir du chemin Bridge, coin Simms - boulevard Fairville (phase 1) entre la rue Catherwood et le nouveau connecteur de la rue Harding et l'intersection du centre commercial Lancaster, comme le decrit le rapport presente, dans le cas de I'appel d'offres soumis en 2008, au cout estimatif de 1 350 000 accompagne d'une « autre part » de 70 000 3. reaffecte au projet susmentionne la somme de 300 000 $ provenant de la part de la Ville pour le projet du site d'enfouissement du lac Howes et ajoute un montant de 980 000 $ a 1'enveloppe globale du budget d'immobilisations pour le fonds d'administration en 2008 afin de couvrir le reste. A I'issue du vote, la proposition est adoptee. 12.3 Enbridge Gas New Brunswick Inc. - Street Rehabilitation On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the report updating Council on The City's agreement with Enbridge Gas New Brunswick Inc. with respect to street rehabilitation, be received for information. Question being taken, the motion was carried. 12.3 Enbridge Gaz Nouveau-Brunswick Inc. - refections de rues Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le rapport de mise a jour presente au conseil, visant 1'entente conclue entre la Ville et Enbridge Gaz Nouveau-Brunswick Inc. concernant la refection de rues, soit accepte a titre informatif. On motion of Councillor Mott Seconded by Councillor Farren RESOLVED that the letter from Harbour Station regarding the proposed Skate Park be added as 12.4(a) to be considered with item 12.4. Question being taken, the motion was carried. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that: 1. Council authorize the Mayor and Common Clerk to sign all necessary documents to obtain the various permissions required to build a skate park under the Main Street Overpass, notwithstanding that the City is the owner of the lands beneath the viaduct which are referenced in the HUP agreement; and that 2. An amount of $100,000. be allocated from the Leisure Services 2008 budget to be used on the construction of the skate park. Question being taken, the motion was carried. 12.4 Autorisation finale relative au planchodrome Proposition du conseiller Mott Appuyee par le conseiller Farren RESOLU que la lettre de Harbour Station concernant le projet de planchodrome soit ajoutee comme etant le point 12.4a) afin que ce dernier soit examine en meme temps que le point 12.4. A Tissue du vote, la proposition est adoptee. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que : 1. le conseil autorise le maire et la greffiere communale a signer tous les documents necessaires afin d'obtenir les diverses permissions requises pour construire un planchodrome sous le passage superieur de la rue Main, meme si la Ville est proprietaire des biens-fonds situes sous le viaduc qui sont mentionnes dans la convention relative au permis provincial d'utilisation de ('autoroute; et qu'un 2. montant de 100 000 $ soit preleve du budget 2008 des Services des loisirs pour permettre la construction du planchodrome. A Tissue du vote, la proposition est adoptee. 13. Committee Reports 13. Rapports deposes par les comites 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the letter from Urban Core Support Network requesting that Council attend a Poverty Workshop be received for information. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la lettre de demande du Urban Core Support Network, visant a ce que les membres du conseil assistent a un atelier sur la pauvrete, soit acceptee a titre informatif. A Tissue du vote, la proposition est adoptee. 16. Adjournment On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the Common Council meeting of July 7, 2008 be adjourned at 9:05 p.m. Question being taken, the motion was carried. 16. Levee de la seance Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la seance du conseil communal du 7 juillet 2008 soit levee a 21 h 5. A Tissue du vote, la proposition est adoptee. Mayor/maire Common Clerk/greffiere communale Eric L. Teed, O.C., C.D., Q.C. 127 Prince William Street, Saint John, New Brunswick, E2L 2B4 Tel: (506) 634-7324 Fax: (506) 634-7423 July 10th, 2008 Common Council City of Saint John 15Market Square Saint John, NB E2L 1E8 Your Worship and Councillors, RECEIVtu COMMON CLERKS OFFICE CITY OF SAINT Re: Faulty Entrance to Brunswick square I bring to your attention a matter which is a cause for concern, namely the fact that the owners of Brunswick Square and the Delta Hotel have taken no action to prevent possible accidents at the entrance to their premises on the north side of King Street. The City is indirectly involved in part, due to the fact that when it rains, water runs down the side walk in such a manner as to flow onto the patio tile floor where the tile floor is lower than the sidewalk. In some cases due to weather condition the rain blows in directly. Either way it can cause a pool of water up to a depth over %i inch. The owner apparently does not yet appreciate the fact the pool of water makes the tile slippery. As a result, person coming in or giving out can get wet feet or slip or slide and fall. Further some tiles are cracked in such a manner as to cause someone trying to avoid the unsatisfactory situation to trip, injuring themselves. I suggest the Council take such action as will protect the interest of pedestrians, citizens and others who wish to go into the premises, by contacting the owners or by changing the water flow or revising City by- laws respecting building standards or whatever may be of benefit to pedestrians entering or leaving the building. To have such a dangerous situation at the entrance of a major retail location as well as a hotel does seem unusual. 23 Yours truly, Common Council City of Saint John 15Market Square Saint John, NB E2L 1E8 July 9th, 2008 Your Worship and Councillors, The present plans for the continued re development of Fort La Tour as a major heritage and historical project on the Waterfront is remarkable. Apparently this had started in the 1960's, although it wasn't until in 1970's that legislation was enacted which created the Fort La Tour Development Authority is a corporation which has been pursing the matter ever since. The program for Fort Howe has not yet been one to be developed as a Heritage Historical matter which one that needs careful consideration of a valuable site to be similarly included as a Historic Heritage area both economically and historically. I would ask and urge City Council take such action as is necessary to try to get special legislation authorizing and establishing a corporate body or corporation or something similar and then have members appointed appropriately to develop and pursue the concept of Fort Howe as a major heritage attraction which would be a draw for residents and visitors. Most people are not aware that Fort Howe is formed from the oldest fossilized limestone rocks in Canada and it is also unique in size location and possibly of development. This could lend itself to significant development of various sorts which can be a major economics factor for the City. Yours truly, F,Z, t 4 51 24 Common Council City of Saint John 15Market Square Saint John, NB EM 1E8 Your Worship and Councillors, July 8th, 2008 I have noted that in both winter and summer, visitors and employees of businesses who come to King Street often like to sit on a bench and relax and watch the Harbor operations. There are no provisions for this. City Council has apparently either directed or City Staff has decided on their own that benches are not appropriate. As a person who would use such, I am writing to you in hopes Council will take action to have this decision changed and an appropriate bench placed there for 12 months of the year. It could require special fastening of any benches for safety reasons, but this should not mean these benches are not be made available. ~S Gt-t.c-G~,i ~ldL/ ?U xf-70 J-3w ? Yours truly, e 25 NEW BRUNSWICK HISTORICAL SOCIETY P.o. Box 6446, STATIoN"A"PHONE (506) 642-0096 SAINT .JOHN, NB, E2L 4RHF'Ax (506) 634-7423 Common Council July 11th, 2008 City of Saint John 15Market Square Saint John, NB E2L 1E8 Your Worship and Councillors, The City of Moncton is to be commended for promoting the re opening of the Petitcodiac River to the natural effect of the unique Bay of Fundy tides in this river. The blocking of the Petitcodiac River some years ago resulted in a significant decrease in the Tidal bore one of New Brunswick `s worlds famous features. New Brunswick is blessed with a number of unusual feature including the Reversing Falls, St. Martins Sea Caves, Fort Howe's Limestone fossils and Magnetic Hill, amongst others. Too often these features are destroyed for mere financial gain, not considering the potential of these wonders for other purposes. Moncton has set a good example. It is suggested Saint John send a letter of congratulation to the City of Moncton with the objective of both cities developing a co operative approach to preserving and promoting our heritage if famous attractions. Yours truly,,--~ 26 Heritage Dc%eloptnent Board P. 0. Bux I,)" I 4ZU6 ()58-283-; Saint Julia. NB BUG ()5,8-283? (LIX) Cana tlu E2L4L,I hlanningasaintjohn.ca July 15, 2008 Mayor Ivan Court & Members of Common Council Re: Presentation to Common Council The Heritage Development Board has been involved with implementation of the recommendations of the Heritage By-law Review Committee over the past three years. The Board would appreciate the opportunity to make a brief presentation to Common Council on the status of the work to date. In addition the Board would like to offer comments on the proposed progress to address the last few of the recommendations of the Heritage By-law Review Committee. The Board would be pleased to offer these comments in conjunction with a forthcoming report from the City Manager if it is possible to schedule these concurrently. Sincerely dM hair Heritage Development Board 27 RP Consulting Ltd. Corporate Financial Services office: (506) 847-4698 • cell: (506) 333.6664 • email: rparker@nbnet.nb.co • 17 Pickett Lane, Rothesay, New Brunswick HE 2E1 June 27, 2008 His Worship Ivan Court Members of Common Council City of Saint John 8'' Floor, City Hall Building 15 Market Square C.P. 1971 Saint John, N.B. E2L 4L1 Your Worship and City Councilors Although a long-time resident of Rothesay and Quispamsis, I am also a property owner and taxpayer in Saint John. I have also contributed thousands of volunteer hours to Saint John-based charitable organizations and, therefore, feel entitled to express an opinion on the proposed development of Long Wharf for the Irving Oil head office building. Having been born and raised in Moncton, but a Saint John-booster for most of my adult life, I have watched with dismay the exciting growth experienced by both Moncton and Halifax while Saint John has languished and, in many respects, decayed over the decades I have lived here. Now, we have an opportunity, and maybe the last one, to revive our fortunes and experience the benefits that come with growth. This opportunity has mainly been created by the Irving companies and I am ashamed and appalled by the negativity that seems to erupt whenever they try to do something. Yes, they are wealthy! But yes, they have worked hard for it! And they have shown a care and concern for their home by both investing billions here and by contributing generously to many organizations and projects that have helped make Saint John a better place to work and live. Please, Saint Johners, let's put an end to the prejudice and petty, demeaning jealousy! And no, I am not and never have been an Irving employee! Too many of our young people have left the City. To retain our young men and women, many changes are needed in Saint John and one of them is the creation of a safe, vibrant, exciting and CLEAN downtown, full of people and rich in cultural attractions and entertainment opportunities. To create this kind of environment, new development is needed and the proposed Irving Oil head office building is a perfect example of a project that will help kick-start a downtown revival. And it is a project that will happen once the decision is made to go ahead. How many years have we waited for the construction of the new justice facility? How many more years before it starts (if ever)? The description of the proposed complex sounds exciting - with many potential side benefits for the community, including the addition of cruise ship handling capability, the addition of more green space to what is now an ugly area, the possible development of the Fort LaTour site (now anything but a tourist attraction) and the transfer of unsightly bulk cargo to another area of the Port. The building will complement the proposed Hardman project at Market Slip and the Justice facility (if either one ever happen). The retention of 1,000 office employees in the heart of the downtown will at least retain the commercial enterprise that now exists in the surrounding area and it may launch a new wave of entrepreneurship and development. 28 Although no expert on the economics of running a port, my understanding is that the Port's cargo handling capability will in no way be impaired and, in fact, this is a revenue creation opportunity for the Corporation. I can probably count on my fingers and toes the number of cargo vessels that have occupied a berth at Long Wharf over the past ten years. So yes, let's have public consultation! Let's make sure the project is done properly. But let's not listen to the naysayers who resist change and have no logical, valid or reasonable reason for opposing this development. Leadership is required on this matter as well as many others. Please make it happen and soon! Yo e truly G. Reid Parker President 29 July 7, 2008 Mayor Ivan Court Members of Common Council City of Saint John PO Box 1971 Saint John, NB Dear Mayor Court and Members of Council: Re: North of Union Project For some time I have been following this project. Elements of the project offer amazing potential for this community, both in terms of new building construction and sensitive and imaginative integration of outstanding examples of our built and historic heritage. I have been puzzled why no one has mentioned a key and missing part of what should be a mandatory part of the planning process. I am referring to the untapped potential for archaeological resources which may lay literally inches below the ground. Most of the buildings within these blocks are the first buildings on those lots since 1785. Some of the buildings are at least as old as 1830, and that particular building I know of, has the oldest example, still in remarkable condition, of Canadian murals. In most cases, such as the backyard of the Broderick building, the ground is still in untouched condition. In many others the top inches of the original soil has been leveled for backyards and roads. There is tremendous potential to uncover treasures of both 18th and 19th century domestic archaeology. There is also an outstanding opportunity to explore the native use of this land. The earliest illustration we have of this ground is the 1604 Champlain map. Champlain illustrated his map with an image of 3 native hunters and some caribou in what would be this general area. We must not allow the development of this land to take place without even an attempt at exploring the archaeology possibilities. I ask that you forward the question of these heritage resources to the Heritage Development Board so they may investigate the archaeology possibilities of this part of Saint John. Thank you. Yours si*erely, HaOld Saint Jet E2L 4R7 30 David Cossation 7` Edison Cre~ ent Saint John, $IA E2M 5x3 31* 16, 3408 His Worship Mayor Ivan Court & Members of Common Council Bear Mayor Ivan Court & Members of Common Council: Re: Taxi Scam R Image I am a Stroet Va7dorin our great City of Salim Sohn. I have taken Tourism Course and at time I was 4 four Guide. I produce a line of Saint John Post Cards and Souvenir Posters wi h local History, attached. I also sell water to Cruise Ship passengers at the Reversing Falls Rapids. On Saturday, June 21st this year a problem was brought to my attention. The-Trolley Tour - .Guide came over and told me what had just happened to eight tourists. A Taxi Van driver had solicited-the tourists at Market Square and told them he was the official shuttle to the Reversing Falls. The Taxi driver told them it was a twenty minute drive and the fare was $80.00, With the information the tourist received they paid the Taxi driver $80.00. After the drive tp the Reversing malls; which t9ok only tern minutes with all the lights and traffic, the tourists arrived and they said-they would just be a few minutes. The Taxi driver said It would cost $80.00 to bring them back. When the tourists became upset and wanted more information, the Taxi drives drove off and left them there. So now you have eight tourists standing in a parking lot, in a foreign country, knowing they Were just scammed. One of the tourist took a picture of the Taxi van, company name and license` plate. I took them over to the Taxi company ( university Gab) and wanted to see the owner of the cab company. We were greeted by the dispatcher who was receptive and concerned and went to, the back office to get the owner. She said the owner would be out in a minute but fourteen minutes later he came out. He already knew too much and was rude to the tourists and myself and was not going to help. He believed if a Tour Guide can get $80.00 so should the Taxi driver. Trying to explain they are not Tour Guides just continued in more verbal conflict and it got heated. I toll him he should give back half of their money. He finally gave back $40.00 after I said 1 would go to the Taxi inspector, the news payer and the mayor. I drove the tourists back to their cruise ship and gave them a promise that I would inake sure this never happens main. Over the years a lot of misinformation is given out to tourists from cab drivers. This is no$ the first time but hopefully we can improvements. Some drivers are not groomed, dress ' improperly and vehicles are not clean. 31 r This is not the image we infant for our City of Saint Jahn. Taxi drivers are the frontline ambassadors to our city. First impressions and experiences are important to all tourists who visit our beautiful city. This IS the time to make changes in how we operate and present ourselves to tourists and to our local people of Saint John. iatas should to posted and correct information pasuid onto tourists. In this ling of work wq should be expected to hold up to a certaip code and be made accountable for our actions. I AM Asking for yonr attsritiory to this problem. We haw upcoming festival and lm;al emend and many tourists will come back if they are treated with respect. Sincerely, 32 M & C 2008 - 209 July 17, 2008 lei I His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: a~ Th, Utl~ UL i-11n, SUBJECT: Emergency Repairs at `X' Station (375 Greenhead Road) Wastewater Pumping Station (WWPS) - Electrical Rebuild BACKGROUND On April 11, 2008, while maintenance personnel were working to repair a pump, a pipe plug and suction valve failed allowing the entry of raw wastewater from the pumping station wet well into the dry well which houses the pumps, motors and electrical equipment. This equipment is necessary to pump the raw sewage collected from the Milford/Randolph areas to the `Y' Wastewater Pumping Station located at 736 Dever Road which then discharges the wastewater to the Lancaster Lagoon Wastewater Treatment Facility. This incident was immediately reported to the New Brunswick Department of Environment in accordance with the requirements of the Certificate of Approval to Operate wastewater works. The New Brunswick Department of Public Safety, via an Electrical Inspector, issued an Order to Comply and as one of the conditions noted "the entire electrical system in the pit shall be replaced and not to be reinstalled in the pit". Due to the urgency of eliminating the `X' Station wastewater bypassing conditions, Purchasing was contacted to approve emergency funding that would allow an electrical contractor to completely rebuild the electrical system. Godfrey Associates Ltd., an engineering consulting firm was engaged to provide the required engineering services for the electrical rebuild. Electrical specifications were developed and 2 quotes obtained by Godfrey Associates Ltd. The electrical rebuild was completed and `X' Station commissioned. 33 M & C 2008-209 July 17, 2008 Page 2 QUOTE RESULTS Quotes were obtained by Godfrey Associates and presented on April 29, 2008 with the following results: 1. New Wave Electrical Contractors Ltd. $31,378.85 Saint John, NB 2. O'Brien Electric $36,390.00 Saint John, NB ANALYSIS The quotes were reviewed by staff and the low bid by New Wave Electrical Contractors Ltd. was accepted as staff was of the opinion that the low bidder had the necessary resources and expertise to perform the work. FINANCIAL IMPLICATIONS The cost associated with the above work can be covered within the Saint John Water operating budget. The City of Saint John's Insurance Adjustor has been notified and the insurance process is underway to determine if costs associated with this project can be recovered. RECOMMENDATION It is recommended that Common Council approve the emergency funding of $31,378.85 to New Wave Electrical Contractors Ltd. for the `X' Station WWPS Electrical Rebuild Project. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 34 lei a~ M & C 2008 - 197 July 14, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract 2008-12: Watermain Flushing Removal BACKGROUND This Contract consists of a project that is approved in the 2008 Water and Sewerage Utility Fund Capital Program as follows: 1. Removal of 33 existing watermain flushing cross-connections between the water distribution and sanitary collection systems and installation of approximately 23 new complete fire hydrants, for compliance with the provincially issued Certificate of Approval to Operate. TENDER RESULTS Tenders closed on July 9, 2008, with the following results: 1) L. Halpin Excavating Limited, Saint John, NB $352,193.88 2) Alltech Solutions Inc., Moncton, NB $374,007.40 3) Fairville Constriction Ltd., Saint John, NB $374,289.90 4) H. E. Merchant and Sons Ltd., St. George, NB $504,364.20 5) Galbraith Constriction Ltd., Saint John, NB $560,718.43 The Engineer's estimate for the work was $311,773.78 35 M & C 2008-197 July 14, 2008 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects, with the exception of the tender submitted by Alltech Solutions Inc. The tender submitted by Alltech Solutions Inc. was rejected by the Tender Opening Committee as it was not signed in accordance with Division 2 - Instructions to Tenderers and Tendering Procedures, Section 2.15(a). 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 one capital work project. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $500,000 was provided in the budget and that the projected completion cost of the project is estimated to be $357,109.97, including the City's eligible H.S.T. rebate - a $142,890.03 positive difference in the Water and Sewerage Utility Fund Capital Program. POLICY - TENDERING OF CONSTRUCTION CONTRACTS The recommendation in the report is made in accordance with the provisions of Council's policy for the tendering of constriction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2008-12: Watermain Flushing Removal be awarded to the low tenderer, L. Halpin Excavating Limited, at the tendered price of $352,193.88 as calculated based upon estimated quantities, and fi rther that the Mayor and Common Clerk be authorized to execute the necessary documents. Respectfi lly submitted, M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 36 M & C 2008-202 July 16, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: ENGINEERING DESIGN SERVICES: MYSTERY LAKE FLOOD CONTROL SYSTEM BACKGROUND The approved 2008 General Fund Capital Program includes a project for design of the Mystery Lake control stricture renewal, including new control valve. The project includes the funding necessary to engage engineering design services to complete the following: ■ Site surveys, preliminary investigation and data collection; ■ Preliminary design, cost estimates and design report; ■ Public consultation; ■ Detailed design and specification preparation PURPOSE OF THE REPORT The purpose of this report is to make a recommendation for engineering design services for Mystery Lake Flood Control System. ANALYSIS On January 21, 2008 (M&C 2008-4) Common Council approved a recommendation authorizing staff to conduct the necessary negotiations with Gemtec Limited to carry out engineering design services for the Mystery Lake Flood Control System. 37 M & C 2008-202 July 16, 2008 Page 2 On April 9, 2008, with a comprehensive and detailed scope of work document developed by staff, a proposal for consulting engineering services was requested from Gemtec Limited. In response, Gemtec Limited submitted a proposal on April 23, 2008. A Review Committee consisting of the following staff completed an analysis of the submission: ■ Brian Keenan, P.Eng. Engineering Manager, Municipal Engineering ■ John Campbell, P. Eng. Municipal Engineer ■ Brett McLean, P. Eng. Municipal Engineer ■ 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 Gemtec Limited proposal. The upset price contained in the proposal was also evaluated by the committee and the committee agreed that the consultant's requested fee was appropriate for submission to Council for approval. The submission from Gemtec 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 An amount of $100,000.00 was included in the 2008 General Fund Capital Program to cover the cost for engineering design services. The proposed cost of the work from Gemtec Limited to provide engineering design services is approximately $122,395.63 including the City's eligible HST rebate. The difference ($22,395.63) can be managed within the overall Capital Program envelope. 38 M & C 2008-202 July 16, 2008 Page 3 RECOMMENDATION It is recommended that the proposal of Gemtec Limited for engineering design services for Mystery Lake Flood Control System be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Respectfidly submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager 39 REPORT TO COMMON COUNCIL M & C - 2008-196 18 July 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Tires and Tubes BACKGROUND: Each year the City calls a public tender for the establishment of a supply agreement for the provision of tires and tubes and associated materials and services. f city of Saint John The purpose of this supply agreement is to provide the City with a guaranteed supply of new tires, retread tires, tubes and associated accessories, on an as and when required basis, at a firm price and for a fixed period. ANALYSIS: Three companies submitted bids in response to the City's call for public tenders. A summary of the bids for the tires and tubes is included for your information and consideration. This type of supply agreement is awarded to multiple vendors by splitting the award along the lines of the lowest price offered for each individual item meeting the tender specification. 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D S d , V L Zi _ - 7 'T aU C U M r. d d N C O b D O V ~r O V .O p 'IT 'IT REPORT TO COMMON COUNCIL M & C 2008-195 10 July 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Award of Proposal for Market Square Boardwalk & Landscaped Park Refurbishment BACKGROUND: As part of the Facilities Management Capital Budget Program for 2008, .funds were allotted to undertake the refurbishment of the Market Square Boardwalk and residential park area which were built in the early 1980s. o City of Saint John The project area includes the entire wooden boardwalk between the Fork Point gateway to Harbour Passage (including the stairs) and the end of the boardwalk where Market Slip meets the volleyball courts and the landscaped park centered among the Market Square housing components. Also included is the walkway to the Market Slip boat ramp (seasonal) and the deck in front of the windows at the restaurant level. The scope of the work includes the wooden walkway, lighting, railings, lighthouse structure, supporting deck, landscaped park, and expansion joints. A special membrane designed to seal the deck under the boardwalk and landscaped park is also being evaluated and inspected as pail of this project. On behalf of the Saint John Development Corporation, the City issued a Request for Proposal (RFP) for the engagement of professional services of a project management team to lead the refurbishing on its behalf. The project will include the following components: • Review of all components and evaluation of remaining useful life • Provision of concept designs and recommendations to upgrade the boardwalk to be compatible with the Harbour Passage brand • Preparation of final design and tender ready documents • Management of improvement work • Provision of two sets of as-built drawings plus electronic copies on CD • Preparation of on-going maintenance schedule and maintenance specifications. 45 PAGE TWO ANALYSIS: Two consultant firms, ADI Limited and Glenn Group Ltd. chose to respond by submitting offers. A proposal evaluation committee, consisting of representatives from Materials and Fleet Management, Building and Technical Services, Saint John Waterfront Development Corporation reviewed each submission against standard evaluation criteria including: r Quality and Completeness of submission Demonstrated Experience in similar projects Expertise and qualifications of staff and sub consultants engaged by the bidder Methodology including detailed work plan, schedule and ability to complete work Cost After the technical review was completed, the evaluation committee unanimously agreed the proposal from ADI Limited was superior in services offered and demonstrated a greater ability and experience necessary to provide consulting services for the project components detailed in the proposal document. It was also determined, after final review of the submissions, that some minor items had been excluded from the scope of the RFP document. A request was made to ADI to provide for these items in their submission. FINANCIAL CONSIDERATIONS: The total cost for professional fees for the refurbishment of the Market Square Boardwalk and Landscaped Park, including minor additions to the RFP scope, if awarded as recommended will be $80,775.00 plus tax. This is a planned expenditure for which funds have been allocated in the Facilities Capital Budget. RECOMMENDATION: It is recommended that the proposal submitted by ADI Limited for the Market Square Boardwalk and Landscaped Park, in the amount of $80,775.00 plus tax, be accepted. Respectfully submitted, (J'-~ David .1/fLogali/ Pure sung get ~0 / L. fatten, FCA City Manager 46 M & C - 2008 - 204 July 16, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 105 Cranston Avenue and 1060 Sandy Point Road BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 applications received and recommends an appropriate public hearing date. The full applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearing. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Hughes Surveys & 105 Cranston Avenue "R-4" "13-2" To permit a Consultants Inc. parking area Terrain Group Inc. 1060 Sandy Point "13-2" "RM-2" To permit the development of 5-storey apart- ment buildings RECOMMENDATION: That Common Council schedule the public hearings for the rezoning applications of Hughes Surveys & Consultants Inc. (105 Cranston Avenue) and Terrain Group Inc. (1060 47 Report to Common Council Page 2. Sandy Point Road) for Monday, August 18, 2008 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager KF/r 48 M & C - 2008 - 194 July 18, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Street Naming BACKGROUND A new development, consisting of a grocery store and other future retail establishments, is being developed off Fairville Boulevard. In order to ensure that each building is easy to locate for emergency service providers, it is Staff's opinion that the entrance into the development should be assigned a unique street name. Staff has asked the developer to suggest a street name for the access into the development. The developer has suggested avenue Plaza Avenue as a street name for this access. This proposed street name meets NB 9-1-1 guidelines; therefore Staff has no objection to this street name. RECOMMENDATION It is recommended that Common Council amend the list of Official Street Names and approve the folloNving change: ■ Add the name avenue Plaza Avenue. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development YL:111 Terrence Totten, F.C.A. City Manager 49 ~ R .E P R T ~r C : '11,10 C . u Iv M&C #2008- July 17, 200$ The City of Saint Jahn His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: Subject: 10 feel Street 15&19 Wellington. Row The attached memo from the Legal Department is self explanatory. It would be appropriate for Council to adopt the following resolution: "That the resolution of April 28, 200$ authorizing the purchase of lands from 603887NB Lt be amended to extend the closing date to on or before August 1, 2008, in all other rasp t ,the April 2$, 29 , resolution remains the same." ,OR su Terrence L. Totten, TCA CITY MANAGER attachment 50 The City of Saint John Lynda D. Farrell Direct Line: 506.658.4096 Fax. No.: 506.649.7939 Email: lynda.farrell@saintjohn.ca July 16, 2008 Terry Totten City Manager 8th Floor, City Hall Dear Terry: Re: 603887 N.B. Ltd. 10 feel Street and 15 & 19 Wellington Row By resolution adopted April 28, 2008 Common Council approved the acquisition of lands from 603887 N.B. Ltd. upon certain terms and conditions, one of which was articulated as follows: "Vacant possession with a closing date of on or before July 31, 200 The solicitor for the Vendor has advised me that as the premises may, in fact, not be vacant by the usual close of business on July 31, 2008, could we extend the closing date to on or before August 1, 2008. I would concur with the solicitor for the Vendor that for the reasons he has provided the appropriate course would be to extend the closing date. If you are prepared to make the recommendation to Common Council the following; wording would be appropriate: That the resolution of April 28, 2008 authorizing the purchase of lands from 603887 N.B. Ltd. be amended to extend the closing date to on or before August 1, 2008, in all other respects the April 28, 2008 resolution remains the same. Yours truly, Lynda D. Farrell Solicitor C: SAINT TORN Duane McAfee P.U. Box 1971 Saint Jahn, NB Canada E21- 41-1 l wwwsaintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E2L 40 51 &C #2008-199 July 17, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: SAINT JOHN GREEK FESTIVAL LILY LAKE - JULY 26, 2008 The attached e-mail was received on July 4, 2008. Apparently, the organizers had informal discussion with members of the previous Council and had anticipated the City might perhaps be the major sponsor. Having said this, the organizers were the first major outdoor event at Lily Lake following the restoration of the Pavilion. Staff attended the event and was extremely impressed with the turnout, not only from the Greek community, but from many other nationalities. The event and location has the potential of experiencing considerable growth. This year for example, the event is scheduled over two days and will no doubt attract a far greater number of attendees. The event has the potential of becoming a premier event if it can succeed over the next few building years. RECOMMENDATION: That Comm council approve a spons Festival t e held at Lily Lake orf Mly Res, fully mined, , Terrence L. Totten, CITY MANAGER Attachment orship of $2.000.00 towards the second annual Greek 26 & 27, 2008 52 Message Page 1 ot 1 Totten, Terry From: George [vitoseast a@nb.aibn.com] Sent: Friday, July 04, 2008 10:10 AM To: Totten, Terry Subject: Greek Fest July 26,27 2008 Hi Terry......... Thanks for taking the time l On July 26 and 27 we are having our second annual "Saint John Greek Fest" at the Lily Lake pavilion. We had approximately over 1000 people attend and partake in cultural activities. Many who experienced the festival continue to talk about this event to this day.: Saint John is becoming an increasingly diverse community as a result of being one of the fastest growing cities in Canada for new immigrants. As part of a city with a rich history of immigration, the Saint John Greek Community is proud to celebrate it's roots in this community and to share the warm spirit of the Greek culture in Saint John. We are asking the City of Saint John for a partnership in promoting the cultural diversity of our great city. $10,000 is what we are seeking to help with our current budget which includes the cost of: leasing Lily Lake, entertainment, transportation, promotional material, marketing, tent rentals, security, kids activities, food and beverage. We expect over 2000 people to attend this year. In Ottawa their Greek festival has become such a success that it runs for 11 days with over 40,000 people attending, as well as in Halifax their Festival runs for 3 days with over 8000 people attending. We hope to grow as a Festival and become an annual tradition in Saint John. Thank you for your support, George Georgoudis cell 636-2845 Saint John Greek Festival Committee 7/14/200$ 53 SAINT JOHN LORNE F LAWLESS TRANSIT CENTRE 951 FAIRVILLE BLVD. f 951 BOIJL. FAIRVILLE SAINT JOHN, N.B. CANADA/ SAINT JOHN, {N. 8.) CANADA E2M 5T9 TRANSIT INFORMATION (505) 658-4700 www.cityofsaintjohn.com GENERAL OFFICES (506) 658-4714 FAX (506) 658-4704 July 18, 2008 Your Worship Ivan Court and Members of Common Council City of Saint John P.O. Box 1971 Saint John, NB Dear Mayor Court and Councillors: The Saint John Transit Commission has asked that I request an opportunity for Saint John Transit to make a presentation on transit services in Saint John and in Canada to Common Council at their open meeting of August 18, 2008. For this presentation, we would be calling on Dr. Michael Roschlau, the President of the Canadian Urban Transit Association to provide a review of the national perspective. As Dr. Roschlau would be attending from the CUTA head office in Toronto, it is important that our presentation be assured of being heard. Could you please advise if there is an opportunity for this presentation to be scheduled at the August 18, 2008 meeting? Thank you for your consideration. Frank McCarey General Manager Saint John Transit Commission frank.mccarey@saintjohn.ca 54 REPORT TO COMMON COUNCIL M & C - 2008- 213 o } July 18, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors:. SUBJECT: S'TREE'T NAMING Background City of want john In an effort to try to reduce confusion for emergency service providers when responding to 911 calls, it is necessary to name two currently unnamed private streets in the north-western part of the City (see attached map). One reason for this is the fact that there are currently three buildings (houses, cottages or camps) located on Columbus Drive. In order to access these buildings, emergency service providers must be routed through these two unnamed private streets. The other reason is that there is a building (house, cottage or camp) which needs to be assigned a civic address, but is currently located on one of the unnamed private streets. Both private streets in question are located on land owned by the John Law Corporation, Staff has discussed the situation with the property owner and have asked the property owner to suggest street names. The names suggested are chemin Yellow Gate Road and chemin Upper Cross Road. Both of these names meet NB 9-1-1 guidelines, therefore Staff has no objections to these street names. Recommendation It is recommended that Common Council amend the list of Official Street Names and approve the following changes: 1. Add the name chemin Yellow Gate Road; 2. Add the name chemin Upper Cross Road. Respectfully submitted, In Forrest, MCIP, RPP Commissioner Planning and Development YL Terrence Totten, F.C.A. City Manager 55 1o- - i L CL Cf) U i t17 C~ U C ~ U ~ . m i, h r 7 4-0 ti{ ~Y• r - t RS ~ T Y ~ ~ A 1 r.J q~~ Yll I° r ¢4b ~ _ llCf.•,. 7'1-f a s Ca F•- t- - t ~ ~ j ppaay~ Ya»y'.~ _ CC ~ (Z~ it Ly'' yam:. ~ 56 JLIly 17, 2008 Mayor and Council City of Saint John 'qjL Dear Sur: Since l will not be able to appear at the public hearing on Mond iyF J'uly 211 2008, regarding my rezoning application, the planning department has advi,,,ed e to request cancel la -ion of the hearing at this tin- e and it will be rescheduled. P Khalid XiR 1660 'Canawagonish'Road Saint John, N.B. M 3Y3 Phone: 672--9590 57 Application for a Zoning By-law Amendment Demande de modification a 1'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur Mailing Address of applicant / Addresse posWe du demandeur Telephone Number / Numbeo de telephone !6 7 °2, 1 " , Home / Domicile U 7 2 - I -0 . Work / Travail Fax Number / Numbro de telecopieur Postal Code / Code postal C- 2 N Name of Property Owner (if different) / Nom du propridtaire (si different) Address / Adresse Postal Code / Code postal Property Information / Renseignements sur la proprieti Location / Emplacement k~ D Civic 4 / No de ;44 U 0-0 `f ©2727 Street / Rue PID / NIP Lot Area / Superficie du lot T o~ 7 6 S Street Frontage / Fagade sur rue ~r r Existing Use of Property / Utilisation actuelle de la propriete l~, Municipal Plan land Use Designation bra Designation de utilization des terres sur le plan municipal ~w Amendment Requested / Modification demandee Present Zoning / Zonage actuel r - ❑ Change Zoning to / Modification du zonage a t:2tic',~ & N 1 and/or / ou f ❑ Text Amendment (indicate particulars) / Modification due texte (indiquez les details) u 58 Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a l ichelle illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de bntiment, des dessins de plan d'elevation et toule autre forme de renseignement Le plan doit indiquer les dimensions de la propriete, 1'emplacement de la totalite des bdtiments, des allies, des sires de stationnement, des amenagements paysagers et des panneaux de signalisation. I/ est important d'indiquer la distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved. / Fournir tout autre renseignement concemant votre proposition qui pourrait etre approuvees. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait etre utile. Signature of Applicant / Signature du demandeur Date Z ems„ $400 Application Fee Enclosed / Ciyoint les hais de demande de Opp S If you are not the owner of the land in question Si vous n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dans la partie the owner is authorizing this application to proceed ci-dessous. La signature du proprietaire autorisant le for consideration by Common Council. traitement de la Presente demande pour po que cette derniere Signature of Owner soil examinee par le coned communal. (d ' applicable) Signature due proprietaire (s'il y a lieu) Date: 59 PROPOSED ZONING BY-LAW AMENDMENT RE: 1660 MANAWAGONISH ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, July 21, 2008 at 7:00 p.m., by: Rezoning a parcel of land located at 1660 Manawagonish Road, having an area of approximately 8,900 square metres, also identified as being PID Numbers 55076335 and 00402727, from "IL-1" Neighbourhood Institutional to "RM-1" Three Storey Multiple Residential. REASON FOR CHANGE: To permit the building to be converted to apartments. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-4082 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 1660, CHEMIN MANAWAGONISH Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a ParrW sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 21 juillet 2008A19h: Rezonage d'une parcelle de terrain d'une superficie d'environ 8,900 metres carr6s, situ6e au 1660, chemin Manawagonish, et 6tant du NIDs 55076335 et 00402727, de quartier a vocation collective IL-1 a zone d'6difices a logements multiples de trois etages <<RM-1». RAISON DE LA MODIFICATION: Permettre le bdtiment d'6tre converti en appartement. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de l'urbanisme et du ddveloppement a 1'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a Pattention du soussign6 a 1'h6tel de ville. Elizabeth Gormley, Greffiere communale 658-2862 60 PROPOSED ZONING BY-LAW AMENDMENT RE: 1660 MANAWAGONISH ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, July 21, 2008 at 7:00 p.m., by: Rezoning a parcel of land located at 1660 Manawagonish Road, having an area of approximately 8,900 square metres, also identified as being PID Numbers 55076335 and 00402727, from "IL-1" Neighbourhood Institutional to "RM-1" Three Storey Multiple Residential. REASON FOR CHANGE: To permit the building to be converted to apartments. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-4082 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 1660, CHEMIN MANAWAGONISH Par les presentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a 1'arr&6 sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 21 juillet 2008 d 19 h: Rezonage d'une parcelle de terrain d'une superficie d'environ 8,900 metres carr6s, situee au 1660, chemin Manawagonish, et 6tant du NIDs 55076335 et 00402727, de quartier it vocation collective << IL- 1 d zone d'6difices a logements multiples de trois 6tages <<RM-1». RAISON DE LA MODIFICATION: Permettre le bdtiment d'6tre converti en appartement. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de Purbanisme et du developpement d Ph6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit d Pattention du soussignd d 1'h6tel de ville. Elizabeth Gormley, Greffi&e communale 658-4082 61 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office (Account # 71206) Contact: Elizabeth Gormley Phone: (506) 658-2862 Fax: (506) 674-4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, June 24, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal 0 Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658-2862 62 3~g287 \ 1 ~ a \ i , 3g7 208 H 13 r U ~ I t. NN I ~ X00 • L 1 M14YY OryNy 000►YIOONT 63 s s+r 3 r .^w i 64 3 O S 4 C ~ N N n s c v o C i a 0 O d C 9 °o i VI a i a i N 0 4 N t I_ G EE=E::1E i i i I I Y--•~(b-,CI---r--. b-.01--7-.~b-.01------.1- 0 O a a O d Q~ O L LO A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land located at 1660 Manawagonish Road, having an area of approximately 8,900 square metres, also identified as being PID numbers 55076335 and 00402727, from "IL-1" Neighbourhood Institutional to "RM-1" Three Storey Multiple Residential. - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of A.D. 2008 and signed by: Mayor/Maire ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a d6cr&6 ce qui suit : L'arr&6 sur le zonage de The City of Saint John, ddcr6t6 le dix-neuf (19) delcembre 2005, est modi6 par : 1 La modification de 1'annexe <<A>>, Plan de zonage de The City of Saint John, permettant de modifier la ddsignation pour une parcelle de terrain d'une superficie d'environ de 8,900 metres carrels, situde au 1660, chemin Manawagonish, et 6tant du NIDs 55076335 et 00402727, de quartier a vocation collective << IL-1 » a zone d'6difices a logements multiples de trois stages < < RM-1> - toutes les modifications sont indiqudes sur le plan ci joint et font partie du prdsent arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prelsent arr&6 le 2008, avec les signatures suivantes Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture July 16, 2008 Your Worship and Councillors: SUBJECT: Rezoning Application - 1660 Manawagonish Road On June 23, 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 July 15, 2008 meeting. The applicant, Mr. Khalid Malik, appeared to speak in support of his application and noted that he was not in agreement with the staff report or recommendation. No one appeared to speak in support of or in opposition to the application; however, six letters of opposition were received by the Committee. These letters are attached. After extensive discussion between the Committee, the applicant, and staff, the Committee made the recommendation to Council as set out below. The Committee also denied the requested variance to increase the maximum permitted height of a building in the "RM-1" Three Storey Multiple Residential zone from three storeys to four storeys. RECOMMENDATION: That Common Council deny the requested rezoning. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 08-225 67 DATE: JULY 11, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JULY 15, 2008 Sarah Herring, MCIP, RPP Planner SUBJECT: Name of Applicant: Name of Owner: Khalid Malik Khalid Malik Location: 1660 Manawagonish Road PID: 00402727 and 55076335 Municipal Plan: Low Density Residential Zoning: Existing: "IL-1" Neighbourhood Institutional Proposed: "RM-1" Three Storey Multiple Residential Proposal: To convert the existing building to a multiple-unit apartment building and constrict an additional two storeys on the building. Type of Application: Rezoning and Variance increase the maximum permitted height of a building from three storeys to four storeys. 68 Khalid Malik 1660 Manawagonish Road Page 2 July 11, 2008 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, July 21, 2008. The Community Planning Act also authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By-law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: That the requested variance to increase the maximum permitted height of a building from three storeys to four storeys be denied. 2. That Common Council rezone a parcel of land located at 1660 Manawagonish Road, having an area of approximately 8,900 square metres, also identified as being PID Numbers 55076335 and 00402727, from "IL-1" Neighbourhood Institutional to "RM-1" Three Storey Multiple Residential. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approximately 8,900 square metres, located at 1660 Manawagonish Road, also identified as being PID Numbers 55076335 and 00402727, be subject to the following conditions: a. The use of the property is limited to a multiple residential dwelling within the existing building; b. That the residential dwelling units within the existing building meet or exceed all of the minimum requirements of the Zoning By-law, the National Building Code, the Minimum Property Standards By-law and any other applicable regulations; c. That the property be developed and maintained in accordance with a detailed site plan, to be prepared by the developer and subject to the approval of the Development Officer illustrating: i. the retention and maintenance of all existing landscaping and fencing; ii. a properly drained asphalt parking area enclosed with cast-in-place concrete curbs providing a minimum of 1.25 parking spaces per dwelling unit within the existing building; and 69 Khalid Malik 1660 Manawagonish Road Page 3 July 11, 2008 iii. all signage, lighting and other site features. The approved site plan must be attached to the building permit application for the development. d. That all non-functioning vehicles and scrap materials be removed from the property. e. That adequate site drainage facilities, including necessary catch basins, and services must be provided by the developer in accordance with a detailed drainage plan and a review of existing water and sewer infrastructure capacities prepared by an engineering consultant and subject to the approval of the Chief City Engineer or his designate. f. That any required site improvements be completed within one year of building permit approval. BACKGROUND: The subject site was rezoned from "R-IA" One Family Residential and "R-2" One and Two Family Residential to "IL-1" Neighbourhood Institutional in March of 1991 pursuant to the following Section 39 conditions: 1) The use of the property is limited to the following: a. a group care facility licensed by the NB Department of Health and Community Services as a special care home for a maximum of fifteen senior citizens and mentally or physically disabled adults in the existing building; b. senior citizens' housing in association with a group care facility in the existing building; and c. a kindergarten, nursery or day care centre in the existing building; 2) The property be redeveloped and maintained in accordance with a site plan approved by the Development Officer indicating the following: a. retention of existing landscaped areas and fencing; b. a properly drained asphalt parking area and driveway enclosed by poured-in-place concrete curbs and providing a minimum of one space per six beds in the special 70 Khalid Malik 1660 Manawagonish Road Page 4 July 11, 2008 care home, 0.6 spaces for each senior citizen's apartment, and one space for each seven children enrolled in the daycare centre; and 3) The site improvements indicated on the site plan be completed within one year of building permit approval. Prior to this rezoning, the property was used as a residential school for the Canadian National Institute for the Blind, and briefly for church-related activities for the Church of Jesus Christ of Latter-Day Saints congregation. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on this application: the developer's engineering consultant must review the existing water and sewer systems to determine the impact this development will have on existing water and sewer infrastructure and also ensure that this proposal does not exceed the current capacity of the existing systems. The developer's engineering consultant must ensure that the existing water system is of sufficient quantity and pressure for the proposed development; - the developer must provide a detailed engineering site drainage plan; - engineering comments will be made about servicing once detailed engineering plans are provided in plan and profile. Depending on the requirements of the proposal, servicing may be required from an adjacent street and not Manawagonish Road; and Building and Technical Services advises that Minimum Property Standards By-law infractions currently exist for the building at 1660 Manawagonish Road. The property owner has been made aware of all infractions through the issuance of two Notices to Comply with Minimum Property Standards, in 2006 and 2008. The Department is supportive of rezoning the existing building to accommodate multiple-family residential uses, provided that the violations of the Saint John Minimum Property Standards By- law are addressed as part of the approval. With respect to the proposed expansion of the building to include a third storey and penthouse level, the current violations of the By-law should be addressed prior to undertaking such plan. Saint John Transit advises that it provides a good level of service along this part of Manawagonish Road with the Fairville bus route. Fire Department has been advised of this application. 71 Khalid Malik 1660 Manawagonish Road Page 5 July 11, 2008 NB Department of Community Services has been advised of this application. ANALYSIS: Subject Site and Neighbourhood The subject site is located on Manawagonish Road adjacent to the Island View Heights single- family residential subdivision. The Cedar Hill cemetery abuts the subject property to the east and adjacent areas of Manawagonish Road contain a variety of single- and two-family dwellings, the Saint John Animal Hospital and the offices of the Atlantic Baptist Convention. The 0.8 hectare (2 acre) subject site contains a large two-storey brick institutional-style building constricted in 1954. As noted in the Background section of this report, the building has been used as a residential school for the Canadian National Institute for the Blind (CNIB), for church- related activities for a Church of Jesus Christ of Latter-Day Saints congregation, and most recently as a group home, day care centre and senior citizens housing in association with a licensed group home within the existing building. The site also contains a large circular driveway leading to a paved parking area at the rear of the building, and large landscaped areas around the building. These areas currently contain a variety of materials including several apparently non- fiinctioning vehicles, portions of a building and parts of what appear to be a large waterslide. According to discussions with the applicant and Building Inspection staff, and review of the 1991 rezoning report, the existing building contains the following uses: - a large auditorium or hall and various storage and garage uses on the first floor; - housing for the applicant and his family on the second floor of the west wing (this area formerly contained the special care facility); four dwelling units in the east wing of the second floor comprised of a three-bedroom unit and three bachelor units. Although floor plans substantiating these uses have been requested from the applicant several times, they have not been submitted so the current use and layout of the building has not been confirmed. According to the comments from Building and Technical Services, the existing building is currently in poor condition the applicant has been issued two notifications of Minimum Standards violations that must be remedied. Proposal and Zoning By-law Requirements The applicant no longer operates the special care facility, and thus requires the requested rezoning to permit his families' residency in the building and the occupancy of the current four dwelling units. As a result of several notices of non-compliance with the Zoning By-law, the applicant is now proposing that the subject site be rezoned from "IL-1" Neighbourhood Institutional to "RM- 72 Khalid Malik 1660 Manawagonish Road Page 6 July 11, 2008 1" Three Storey Multiple Residential to permit the existing residential use of the property. In addition, the applicant is proposing to constrict additional storeys on the existing building and convert the entire stricture into approximately 40 rental apartments. The attached elevation drawings illustrate the proposed addition of a third storey and a fourth storey penthouse to the building, increasing the height to approximately 13.2 metres (43.2 feet), above the maximum three storeys or 11 metres (36.1 feet) permitted in the "RM-1" Three Storey Multiple Residential zone. This zone does contain provisions that permit the maximum height of a building or stricture to exceed 11 metres, subject to the following conditions being met: i) the side yard be not less than 1 metre plus one additional metre for each additional three metres of building height in excess of 11 metres; ii) any building or stricture or part thereof exceeding 11 metres in height shall be located at least its height from an abutting "R" zone other than an "RM" zone; iii) in no case shall the height of any building or stricture exceed 14 metres. The existing building appears, from analysis of aerial photography, to be almost exactly 13.5 metres (44.3 feet) from the adjacent residential zone to the west; however, the proposed fourth storey penthouse would still require a variance as the intention of this provision is not to permit an increased number of stories, but rather to permit the height of each of the three storeys to be slightly increased if the appropriate conditions are met. During a discussion with staff, the applicant indicated that he is proposing to create 40 dwelling units within the building, consisting of a mix of bachelor, one-bedroom and two-bedroom units. He stated that he intends to locate 6 units on the first floor, 16 units on the second floor, 16 units on the third floor and 1 unit on the fourth (penthouse) floor. Staff advised the applicant several times that floor plans indicating the number of each kind of unit, size, layout and location of each unit would be required in order to analyse this application; however, these plans have also not been submitted. As a result, staff is unable to determine whether the proposed conversion meets the minimum requirements of the Zoning By-law and whether additional variances might be necessary. The attached site plan indicates that approximately 40 parking spaces could be provided on the site; however, the plan is not at a sufficient scale to permit staff to verify that the dimensions of the parking spaces meet the minimum requirements of the Zoning By-law. Despite this, and the fact that a minimum of 50 parking spaces would be required for the proposed 40 dwelling units, it is not expected that parking for the proposed use would be an issue due to the large size of the subject site. CONCLUSION: 73 Khalid Malik 1660 Manawagonish Road Page 7 July 11, 2008 The proposed conversion of the existing building at 1660 Manawagonish Road is appropriate as the building is no longer being used for institutional purposes. However, given the current condition of the building, its location adjacent to a single-family residential area, and the lack of plans needed to properly analyse the current proposal, it is recommended that approval be given for only the conversion of the existing building and not for the constriction of the proposed addition. It is also recommended that the conversion be required to meet all of the minimum requirements of the Zoning By-law with regards to minimum dwelling unit sizes and parking provision. As well, standard Section 39 conditions regarding the development of the site should be applied. SKH Project No. 08-225 74 PLANNING AND DEVELOPMENT/URBANISM.E ET DEVELOPPEMENT P ~ R O~ i ~aAa , l w, a \ c t , 4 \b N s Subject Site/site en question: • B-2 2 ' r i • i i i Location: 1660 ch. Manawagonish Road .Date: June 16, 2008 Scale/echelle: Not to scale/Pas a Mchelle P I D(s)/N I P(s): 00402727 and 55076335 .J' b b • n • • a 7 M • i A ~ Eq • Y• ~ 1 + i • P o t 75 l~ r~ , 92$7 a J 1rV w r ~ I v ~ rwr awa. M.OCWr1uWR ,m 76 77 a 0 t a t " O N 9 C O X O N LL N N 4 y I. 0 00 L O L 4 i ~ N N w X x J e uliulu N ~ 1 1 O L ~ c° nN .o ~o C L 4 u u u I 1 I u1ulu I I I ~a u-lulu 1 I a I a ; ~ 1 u~uiul~°a°oo O u u la 1 1 II 1 u I u ' u I I I 1 u Iu u I I 1 I I I I 1 I I i ululu I I I I I I 1 I I 1 ~ I i i i I i L O a 0 rn 0 --N C5 S O i I I ~C z C3 !M~ FE] I C3! I M= EA Im F=A ilm v~ N ° O N S0 Y 0 ( O L 3 C I ~ C31 M 1 I I I I "~-U I tJ I is N 4 L b L a N O Y N a 0 4 O w ~ N O 4 I ~ N .O N 79E " -ta a r N X d 17 O 0) S O w r N L d so L a r N a c 3 O L 0) r d o d N N 0 O Y N t I ~ 1 I I i N VI d~ 4 I I d O ~ L I I m Mi mi ~~IJ I I ~ Dui ~ I i a d L a o ~ o x 0 0 0 W 0 Q) cu d Cl) FE] CF" 0o Application for a Municipal Plan and Zoning By-law Amendment Demande de modification au plan municipal et a 1'arrete sur le zonage Applicant Related Information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur W i l 1 l am Shannon Ft)r kJ a 5 Ci the rc,1 6cn4►'Q Cj-t>-, L f( Mailing Address of applicant/ Addresse postale du demandeur 100 541 n 5on n ✓ 5Q in} Sohn . N15 Postal Code/ Code postal Earl 76oL Telephone Number / Numdro de telephone (O4_] - COC -1 Ce L>✓ Home/Domicile- (C3S - 5gt!v5 Work / Travail L3 873 Fax Number / Numdro de tdldcopieur (6-35-S,93-7 Name of Property Owner (if different) / Nom du proprietaire (si different) B IC Po ld , n[aS Address / Adresse 016 L 1 n+oo Rd. Postal Code / Code postal: E aryl 5V Property Information / Renseignements sur la propriete Location / Emplacement igg ri +n l r) :5 e_c+ Q Q-bO ) 3 B~JRm J= Civic # / No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot L41 Q 5q M Street Frontage / Fagade sur rue 40" Existing Use of Property / Utilisation actuelle de la propriete Va Cant Present Municipal Plan Land Use Designation Designation actuel de utilization des terres sur le plan municipal t• a iLcrn Densi '4 SiAciyHa I Present Zoning/ Zonage actuel 1ZN~"~F Amendments Requested / Modifications demandees Municipal Plan / Plan municipal Change Land Use Designation to / Modifier la ddsignation de l'utilisation des terres a &f(jJf comrnemi al 1JrJvc,lo~rn ert~- and/or / ou C Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les details en annexe) Zoning By-law/ Arrete sur le Zonage Change Zoning to / Modification du zonage a F 2, and/or / ou ❑ Text Amendment (indicate particulars on attachment) / Modification due texte (indiquez les ddtails en annexe) 82 Development Proposal / Proposition d'amenagement Description of Proposal / Description de la proposition CoCACi 7Wu JtvEC`i ~[tiCti~Cr-fo CC),QKO,(/r ILtrfHTH~ AQeA H T~ rj'Iu sC 7i4C AlN`ZJ Co-vi j-pj tTY 66SE Po lCe You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The site plan must show the dimensions of the property, the location ofall buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site o Pechelle illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de bdtiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan du site dolt indiquer les dimensions de la propriete, 1'emplacement de la totalite des b6timents, des allees, des acres de stationnement, des amenagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites de la propriete et les b6timents. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient We approuvees.. lit ,f~k'v1r~C~T CtJ 14,L 64%:J'~nri J!' ',Nr iy mm u ,9 ~r~TS Sc~ PPo r~~~ B ~Nla y,~l~'I,c.+1T`y . '~ilt= &1,4 nl C- i,J1,-1- 'RC Di RCC-rkV h'cPuSS /'Co'l A / a CS I A G lJ o i- 6 A,,)7 LM I HI A 200 ' Q6 11 Sc tfvo Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait etre utile. -'f i s toll u 1EC r ltd i 1.,(. &o J L v i 7A L. SECiJiCt ~u ~N Co :f,rnCA 1 r Y Signature of Applicant / Signature du demandeur Date 1^11 A 2 C H -90 Oo o g 1 $400 Application Fee Enclosed / Ci joint les frais de demande de 400 $ If you are not the owner of the land in question Si vous n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dans la partie the owner authorizing this application to proceed is ci-dessous. La signature u proprietaire autorisant le required for consideration by Common Council. traitement de la prese a demande est requise pour que cette derniere soit aminee par le conseil communal. Signature of Owner (if applicable) Signature du proprietaire (s'il y a lieu) Date M A 06 -4 Zoo 83 PROPOSED MUNICIPAL PLAN AND ZONING BY-LAW AMENDMENTS RE: 199 BRITAIN STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, July 21, 2008 at 7:00 p.m., by: 1. Redesignating on Schedule 2-A and 2-C of the Municipal Development Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 410 square metres, located at 199 Britain Street, also identified as being PID number 00001339, as illustrated below. 2. Adding the following to the list of Approved Commercial Developments in sub-section 2.4.6.28 of the Municipal Development Plan: "s) a parcel of land with an area of approximately 410 square metres, located at 199 Britain Street, also identified as being PID number 00001339." 3. Rezoning the same parcel of land from "RM- IF" Multiple Residential Infill to 1111-2" General Business. (INSERT MAP) REASON FOR CHANGE: To permit the construction of a community police office and community outreach centre. The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET : 199, RUE BRITAIN Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'am6nagement municipal et 1'arret6 sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 21 juillet 2008 a 19h, en apportant les modifications suivantes : 1. la reclassification, a 1'annexe 2-A et 2-C du plan d'am&nagement municipal, dune parcelle de terrain d'une superficie d'environ 410 m6tres carr6s, situ6e au 199, rue Britain, et portant le NID 00001339, de zone risidentielle de densiti moyenne a zone d'aminagement commercial approuvi, comme le montre la carte ci-dessous. 2. 1'ajout de la parcelle de terrain suivante a la liste des am6nagements commerciaux approuv6s a Falin6a 2.4.6.28 du plan d'am6nagement municipal : s) une parcelle de terrain d'une superficie d'environ 410 m6tres carr6s, situ6e au 199, rue Britain, et portant le NID 00001339. 3. la modification du zonage de la parcelle de terrain pr6cit6e pour la faire passer de zone d'edification de logements multiples sur terrain intercalaire « RM-IF » a zone commerciale g6n6rale « B-2 (INSERER LA CARTE) RAISON DE LA MODIFICATION : Permettre la construction d'un poste de police communautaire et un centre local au sein de la collectivit6. Toute personne int6ress6e peut examiner les modifications propos6es au bureau du greffier communal ou au bureau de 1'urbanisme et du d6veloppement a 116tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 84 p.m., Monday through Friday, inclusive, holidays du lundi au vendredi, sauf les jours feri6s. excepted. Written objections to the amendments may be sent to the undersigned at City Hall. Veuillez faire part de vos objections aux projets de modification proposes par ecrit a Pattention du soussigne a Ph6tel de ville. Elizabeth Gormley, Common Clerk 658-2862 Elizabeth Gormley, greffiere communale 658-2862 85 PROPOSED MUNICIPAL PLAN AND ZONING BY-LAW AMENDMENTS RE: 199 BRITAIN STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending the Municipal Development Plan and the City of Saint John Zoning By-law at its regular meeting to be held in the Council Chamber on Monday, July 21, 2008 at 7:00 p.m., by: 1. Redesignating on Schedule 2-A and 2-C of the Municipal Development Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 410 square metres, located at 199 Britain Street, also identified as being PID number 00001339, as illustrated below. 2. Adding the following to the list of Approved Commercial Developments in sub-section 2.4.6.28 of the Municipal Development Plan: "s) a parcel of land with an area of approximately 410 square metres, located at 199 Britain Street, also identified as being PID number 00001339." 3. Rezoning the same parcel of land from "RM-IF" Multiple Residential Infill to "B-2" General Business. (INSERT MAP) The proposed amendments may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendments may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658-2862 PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE OBJET : 199, RUE BRITAIN Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier le plan d'amenagement municipal et 1'arret6 sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 21 juillet 2008 a 19 h, en apportant les modifications suivantes : 1. la reclassification, a 1'annexe 2-A et 2-C du plan d'amenagement municipal, d'une parcelle de terrain d'une superficie d'environ 410 metres carr6s, situ6e au 199, rue Britain, et portant le NID 00001339, de zone risidentielle de densiti moyenne A zone d'aminagement commercial approuvi, comme le montre la carte ci-dessous. 2. l'ajout de la parcelle de terrain suivante a la liste des am6nagements commerciaux approuves a 1'alinea 2.4.6.28 du plan d'am6nagement municipal : 86 s) une parcelle de terrain d'une superficie d'environ 410 metres carres, situ6e au 199, rue Britain, et portant le NID 00001339. » 3. la modification du zonage de la parcelle de terrain pr6cit6e pour la faire passer de zone dWification de logements multiples sur terrain intercalaire o RM-IF » a zone commerciale generale « B-2 (INSERER LA CARTE) Toute personne int6ress6e peut examiner les modifications propos6es au bureau du greffier communal ou au bureau de Furbanisme et du d6veloppement a Ph6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les fours fends. Veuillez faire part de vos objections aux projets de modification proposes par 6crit a Pattention du soussigne a Ph6tel de ville. Elizabeth Gormley, greffi6re communale 658-2862 87 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account #71206) Contact: Elizabeth Gormley Phone: (506) 658-2862 Fax: (506) 674-4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, June 24, 2008 Tuesday, July 15, 2008 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ❑x Public Notice Sub-Headline if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658-2862 88 BY-LAW NUMBER C.P. 105- A LAW TO AMEND THE MUNICIPAL PLAN BY-LAW ARRETE N° C.P. 105- ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as communal, The City of Saint John a edict6 follows: The Municipal Plan By-law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: ce qui suit : L'arret6 relatif au plan municipal de The City of Saint John d6crete le 3 j anvier 2006 est modifie par : 1 Amending Schedule 2-A and 2-C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 410 square metres, located at 199 Britain Street, also identified as being PID No. 00001339, from Medium Density Residential to Approved Commercial Development classification; 2 Adding the following to the list of Approved Commercial Developments in sub-section 2.4.6.28: "s) a parcel of land with an area of approximately 410 square metres, located at 199 Britain Street, also identified as being PID No. 00001339." - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of A.D. 2008 and signed by: Mayor/Maire 1 la modification de 1'annexe 2-A et 2-C, relative au plan d'utilisation future des terres, afin de faire passer la d6signation d'une parcelle de terrain d'une superficie d'environ 410 metres carrds, situ6e au 199, rue Britain, et portant le NID 00001339, de zone residentielle de densite moyenne a zone d'am6nagement commercial approuv6; 2 Pajout de la parcelle de terrain suivante a la liste des amenagements commerciaux approuv6s a Falin6a 2.4.6.28: s) une parcelle de terrain d'une superficie d'environ 410 metres canes, situ6e au 199, rue Britain, et portant le NID 00001339.» - toutes les modifications sont indiquees sur le plan ci joint et font partie du pr6sent arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arretd le 2008, avec les signatures suivantes : Common Clerk/Greffi6re communale First Reading - Premiere lecture Second Reading - Deuxidme lecture Third Reading - Troisieme lecture 40) -0 N d~ R N y NN Cue • roo ewoo 01 1:5 o h sty T a~ s oq~ W a O • d a vy = Q ~ C U W E cC d U O Cn j ~ 1 A li I 133aiS Hi2JOM1N3M .o-.or do dwva ° O LLJ ~ W H V) Z ° o Q m o-,s ,o-,sr „o-,ooL S66i JJBN NIM DNVOtpJJV xl Nip }il IJt11LL5NOJ S' MMVNO 3T']5 lON 00 'Slgxvd3tlJ5q ANV ]D lOllNpNV TLL ULLON ;•I(W. 3Nl ONLL°Otl15NOJ Ol IIONN SNp4N3Nq A}y~ OL IIOIJYNlNOJ woN Jn au]uwaor ua ~ noonn O 91 T U W c v 0 0 00 W Q ~ ~ O ~ W 1 1'r {3a ~c Va Ww i i ~ Q tgl~ s g: A 8 teb 9 a fl i ~S 8s tls f o ~ @ e S zb~i~b' gyd rr E o~~8efiz $e$ I I II II II O F II II II F Q W i y~ II any I I x ~~es. II $ e 0. a C z~d5 "a~sy'~ I I ~e rs e j ggE E3 3i °sm s b i j- 3 -_n II ` ~I I gl I iY I I YI I z a €ae E a i Y fi a , I 7 8 €~sb;j 'E° I W E65fi 1f - W T S e ~ °c E FS ~fi~ e g II d ~ s W ~ .6ssb aY- i° II 3° L a¢ b~ e„g, •a`ea I F' I -ZJ VEE v$a v5'S 5°°- E ~ ~ E~ 7 I S= 4 C ~ L ~C _ 1 :SiE ~E~LE Y06i ]]YU rLLW DNV]b0]]v r• vtlM NLL 1]nWSM] 5]riw.vu0 3M510. 00 'S3gM/Oh'Xq ♦•v b 1]]L~WW ?LL ♦JLLO• 'tl![M 3Y OMl]nw5rq] O! _s II II II II II II II II ~ I I I I ¢ s II W I I W's I I Q a ~ II W c - z, II II II II II II II II II II II z I C II H II II , $ II W II W _ i ' I I F" I I ii z" II II II II II 92 8 BY-LAW NUMBER C.P. 110- A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The Citv of Saint John in Common Council convened, as follov'-s: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land Nvith an area of approximately 410 square metres, located at 199 Britain Street, also identified as being PID No. 00001339, from "RM-IF" Multiple Residential Infill to "B-2" General Business - all as shoN-,n on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of A.D. 2008 and signed by: ARRETE No C.P. 110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : Uarrete sur le zonage de The City of Saint John, decrete le dix-neuf (19) decembre 2005, est modifie par : 1 La modification de 1'annexe « A», Plan de zonage de The City of Saint John, permettant de modifier la designation dune parcelle de terrain dune superficie d'environ 410 metres carres, situee an 199, rue Britain, et portant le NID 00001339, de zone d'edification de logements multiples sur terrain intercalaire « RM-IF » a zone commerciale generale « B-2 » - 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 Mavor/Maire Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture July 16, 2008 Your Worship and Councillors: SUBJECT: Proposed Municipal Plan Amendment and Rezoning 199 Britain Street On June 9, 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 July 15, 2008 meeting. Mr. Bill Shannon attended the meeting on behalf of the applicant and expressed agreement with the recommendation in the attached report. Mr. Carl Trickey, president of PULSE, also addressed the Committee in support of the proposal. No persons spoke in opposition to the proposal and no letters were received. After considering the report and presentations, the Committee decided to recommend that the proposed amendments be approved. The Committee also granted the requested variance with regard to the parking area. RECOMMENDATION: 1. That Common Council amend the Municipal Development Plan by: a) redesignating on Schedule 2-A and 2-C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 410 square metres, located at 199 Britain Street, also identified as being PID No. 00001339; b) adding the following to the list of Approved Commercial Developments in sub-section 2.4.6.28 of the Plan: "s) a parcel of land with an area of approximately 410 square metres, located at 199 Britain Street, also identified as being PID number 00001339." 2. That Common Council rezone the same parcel of land from "RM-IF" Multiple Residential Infill to "B-2" General Business. 3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 410 square 94 Planning Advison- Committee July 18, 2008 Page 2 metres, located at 199 Britain Street, also identified as being PID number 00001339, for a community policing satellite office and community outreach office be subject to the following conditions: a) The use of the site is restricted to the proposed community policing satellite office and community outreach office as generally illustrated on the submitted proposal; b) The proponent shall pave the parking area and driveway with asphalt and enclose it with cast-in-place concrete curbs in order to protect the landscaped areas and to facilitate proper drainage; C) Adequate site drainage facilities (including a catch basin in the parking area, if required) must be installed by the proponent in accordance with plans prepared by the developer and subject to the approval of the Chief City Engineer or his designate; d) All utilities, including power and telephone, must be provided underground by the proponent; e) All areas of the site not occupied by the building, driveway, walkways and parking area, must be landscaped by the proponent; f) The site shall not be developed except in accordance with a detailed site plan and detailed building elevations, to be prepared by the proponent and subject to the approval of the Development Officer, illustrating building and parking area location, landscaped areas, exterior building design, exterior lighting and signage; g) All site improvements must be completed within one year of approval of the building permit for the development; and further that, upon the rezoning of the parcel, the land and any building or stricture thereon must be developed and used in conformity with the proposal and conditions identified herein. Respectfully submitted, Bernie Regenbogen Third Executive Member RGP/r Attachments Project No. 08-158 95 DATE: JULY 11, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JULY 15, 2008 Randall G. Pollock, MCIP, RPP Planner SUBJECT: Name of Applicant: W & S General Contractors Ltd. Name of Owner: BIC Holdings Ltd. Location: 199 Britain Street PID: 1339 Municipal Plan: Existing: Medium Density Residential Proposed: Approved Commercial Development Zoning: Existing: "RM-IF" Multiple Residential Infill Proposed: "B-2" General Business Proposal: To constrict a community policing satellite office and community outreach office Type of Application: I . Municipal Plan Amendment 2. Rezoning 3. Variance to permit the parking area to have a landscaped setback of 1.5 metres (5 feet) from the 96 W & S General Contractors Ltd. 199 Britain Street Page 2 July 11, 2008 property lines, whereas the Zoning By-law requires a minimum landscaped setback of 2 metres (6'/z feet) from the street line and 3 metres (10 feet) from the other property lines. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Municipal Development Plan and Zoning By-law. Common Council will consider the Committee's recommendation at a public hearing on Monday, July 21, 2008. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning By-law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council amend the Municipal Development Plan by: a) redesignating on Schedule 2-A and 2-C of the Plan, from Medium Density Residential to Approved Commercial Development, a parcel of land with an area of approximately 410 square metres, located at 199 Britain Street, also identified as being PID No. 00001339; b) adding the following to the list of Approved Commercial Developments in sub- section 2.4.6.28 of the Plan: "s) a parcel of land with an area of approximately 410 square metres, located at 199 Britain Street, also identified as being PID number 00001339." 2. That Common Council rezone the same parcel of land from "RM-IF" Multiple Residential Infill to "B-2" General Business. That, pursuant to the provisions of Section 39 of the Community Planning Act, the use of a parcel of land with an area of approximately 410 square metres, located at 199 Britain Street, also identified as being PID number 00001339, for a community policing satellite office and community outreach office be subject to the following conditions: 97 W & S General Contractors Ltd. 199 Britain Street Page 3 July 11, 2008 a) The use of the site is restricted to the proposed community policing satellite office and community outreach office as generally illustrated on the submitted proposal; b) The proponent shall pave the parking area and driveway with asphalt and enclose it with cast-in-place concrete curbs in order to protect the landscaped areas and to facilitate proper drainage; C) Adequate site drainage facilities (including a catch basin in the parking area, if required) must be installed by the proponent in accordance with plans prepared by the developer and subject to the approval of the Chief City Engineer or his designate; d) All utilities, including power and telephone, must be provided underground by the proponent; e) All areas of the site not occupied by the building, driveway, walkways and parking area, must be landscaped by the proponent; f) The site shall not be developed except in accordance with a detailed site plan and detailed building elevations, to be prepared by the proponent and subject to the approval of the Development Officer, illustrating building and parking area location, landscaped areas, exterior building design, exterior lighting and signage; g) All site improvements must be completed within one year of approval of the building permit for the development; and further that, upon the rezoning of the parcel, the land and any building or stricture thereon must be developed and used in conformity with the proposal and conditions identified herein. 4. That the Planning Advisory Committee grant the requested variance to permit the parking area to have a landscaped setback of 1.5 metres (5 feet) from the property lines. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering advises that water and sewer for this site are available from Britain Street. The developer's engineer is responsible to confirm grades. Building and Technical Services has no objection. Saint John Transit advises that the South End bus route provides service on Wentworth Street. 98 W & S General Contractors Ltd. Page 4 199 Britain Street July 11, 2008 Saint John Energy has been advised of the application. Aliant Telecom has no objection. Maritimes & Northeast Pipeline has no objection. Enbridge Gas N.B. has been advised of the proposal. Fire Department has no objection. School District No. 8 has been advised of the proposal. ANALYSIS: Site and Neighbourhood The subject property is located at the intersection of Britain and Wentworth Streets in the City's South End, as illustrated on the attached map. This is a mixed neighbourhood of mainly older multiple-family dwellings. The site is directly across Wentworth Street from the Turnbull Home. The South End Community Centre and St. John the Baptist-King Edward School are also located nearby, on the northeast corner of Wentworth and St. James. The northwest corner of Wentworth and St. James contains a mixed commercial, light industrial and institutional building known as Wentworth Place. The site has a frontage of 12 metres (40 feet) on Britain Street and 30 metres (100 feet) on Wentworth Street. The adjacent lot to the west on Britain Street contains a four-family dwelling, while the adjacent lots to the north are vacant and are being used as an informal parking area. Proposal The applicant proposes to constrict a community policing satellite office and community outreach office on the site, similar to the facility that was developed in 2006 for the North End. The proposed building would be two storeys in height with a total floor area of approximately 160 square metres (1,730 square feet), or approximately 80 square metres (865 square feet) on each of the two levels. The space would include office, meeting room and programming space for the Saint John Police Force's community police office as well as headquarters for the PULSE group, a non-profit corporation whose purpose is to facilitate community improvement activities and initiatives in the South End area. The proposed building has been designed with traditional features, such as traditional window proportions and a low-pitched roof to reflect the context of the neighbourhood. The proposal appears to have wide support from the larger South End community. 99 W & S General Contractors Ltd. 199 Britain Street Page 5 July 11, 2008 The proposed development is illustrated on the attached site plan and building elevation plans. The building will be located close to the intersection of Britain and Wentworth Streets, with its front facade facing Wentworth'. Similar to the traditional pattern of development in the older areas of the City, the building will be located close to the City sidewalk. Off-street parking will be provided for three vehicles with access off Wentworth Street. Representatives of the community group indicate that this parking area will also serve as a gathering area for neighbourhood events that they will sponsor, such as outdoor barbecues. Proposed Amendments The subject property is currently designated Medium Density Residential by the Municipal Plan, and is zoned "RM-IF" Multiple Residential Infill. The applicant has requested that the property be redesignated on Schedule 2-A and 2-C of the Municipal Plan as an Approved Commercial Development, and that it be rezoned to "B-2" General Business. These amendments, if approved by Common Council, would permit the proposed use. In most areas of the City, only a rezoning of the property would be required, as the Municipal Plan's general policies for Medium Density Residential areas do permit a limited range of small and/or neighbourhood-oriented non-residential uses (subject, of course, to approval of a rezoning) where deemed appropriate. However, this area of the City is also subject to the more detailed policies of the Central Peninsula Neighbourhood Plan, which do not allow any non-residential uses in a Medium Density Residential designation. Rather, they require approval by Common Council as Approved Commercial Developments by means of an amendment to the Municipal Plan, in addition to being rezoned to an appropriate zone. This additional requirement is in place to emphasize that one of the major goals of the Central Peninsula Plan is to protect and enhance the residential environment of the Central Peninsula neighbourhoods. The proposed development of a small community outreach/policing office at this location, adjacent to a mixture of other community uses (i.e. school, nursing home and community centre), is appropriate and can be supported given the neighbourhood context and the nature of the service being provided. Therefore, the proposed amendments are recommended. However, as is the case with other proposals for non-residential developments, the rezoning should be subject to a Section 39 condition limiting the use of the property to the specific proposal. Site Development The proposed site development will meet all of the standards of the Zoning By-law for the "B-2" General Business zone, except for the proposed landscaped setback of the parking area from the property lines. The By-law requires the parking to have a minimum landscaped setback of 2 metres (6'/z feet) from the street line and 3 metres (10 feet) from any lot line abutting a residential zone. The applicant is seeking the Committee's approval of a variance to permit these required ' The building will be assigned a Wentworth Street address when the building permit is issued. 100 W & S General Contractors Ltd. 199 Britain Street Page 6 July 11, 2008 setbacks to be reduced to a minimum of 1.5 metres (5 feet) on all three sides. It should be noted that the parking stall depths and aisle width could be reduced to 5.5 metres (18 feet) and 7.5 metres (25 feet), respectively, resulting in 1.2 metres (4 feet) more landscaping along the northerly lot line. However, as noted previously in this report, the parking area is also intended to accommodate outdoor community events. The applicant has designed the paved area with this in mind. A variance of the magnitude requested is not unusual in the older, more densely developed areas of the City and approval is recommended. Section 39 conditions are recommended with respect to the development of the site, dealing with paving, curbing, landscaping, drainage, underground feed of utilities to the building, and requiring the development to be tied to detailed site and building elevation plans for the Development Officer's approval. These are all normal requirements for new non-residential developments in the fully serviced urban areas of the City. All of the required site work should be completed within one year of permit approval. CONCLUSION: The proposed development is supported as a positive initiative for the South End community. The site is in proximity to other neighbourhood facilities including the local school and community centre. The requested variance for reduced landscaped area of the parking area is minor in nature and compatible with the pattern of development in this neighbourhood. Approval of the proposal can be recommended, subject to a Section 39 resolution limiting the use to the applicant's proposal and requiring the development to be undertaken in a manner that is appropriate for non- residential uses in the fiilly-serviced urban area of the City. RGP/r Project No. 08-158 101 PLANNING AND DEVELOPMENVURBANISME ET DEVELOPPEMENT ` • ' , " 19 1 221 ` 2,8 200 2 208 223 148148 211 IL - I 144 213 204 216 • . 210 + 223 1 ~i 218 r , dames S~• 260 68 2264 982 t' ` S L L~ rUe 186 ~ , x 44 227 20 • • 1 • ` 233 236 . ' • , = 17e ~ 1 • ~ • zox 204 00 ` • 1 237 1 17 +3 ~ ` • , • ` 180182194196 • , • ,96 2 4 5 St~ 182 IL- 1 88 231 .1.1•,! 264 ` • 1 • , • ` , • 262 264268 221 ~ 19 19 ~ • • 234 • • ' • 1 232 238 RI\V/~ 1 189 IS 18 f v 222 P228 • 231 176 . 1 . ~ Cue 214 212 F 168 , 161 163 _ • 1 • ` 0 1 . 1 is , • , 192194 26 206 ZOx 208 I 60 T u ~ . 11 182 176 180 I L 1 161 170 265 149 23 239 241 131 13 Q~ 129 • • 1 ~e rJ • 119 113 162 26 111 160 109 146 in-Y Subject Site/site en question: 00001339 (s) Location: 199, rue Britain Street Date: May 5 mai 2008 Scale/echelle: Not to scale/Pas a 1'echelle 102 b ~ 'no A r A . , t s M O 1332US Hi~JOM1N3M A IVMKIS 0 N n O 0 c O o Deal aaeN wW, 3aNra6oaar w I v W ° W U) z Q H r' o m o O o I p e o 0 O u .0-,9 .0-.9Q .0-,oot ION 00 '631a-MSM ANY IO oalM 3w MION 'N 3. aN0aow6Noa Ol No," 6Na6N3W10 AIWN 01 N(IUYWMa .ooe aw euYUnw ouoe + Naaa.nn m 103 b Mll - g W•~w oo 00~ ~ ~ W g a ai A t I ~ z~ II II II II ~I I I I %31 l I igli $b ~sae3~ g~ e 0 H N. r Y it ZO ii Q- II ~ ~ a ~ ~ ~ II W s ~ ~ ~ po y f~C$~ 0 WW € 3 II x ~ Haw big ~Vb8~€W i~ gb e~ Rppb ao Eyyy E~ II ggI I @I ~I I II ~I I II z 0 II II a a85s'b "g$x E'6~ C9E E Y ~ I I x~ I I ~ ~ e ~b .E€ p~ $Y ~;.~n;o E ~a.. v ~E1 Y 8 eaa, °bE8ss vX_~° E]NY..- ]W unwsrao sM 1. _ s II II II II II Il z II ~ II II Q I I ~ m II I I ~ II I I z II II II II II II II II II II II II z II p II III"~ I I W II II II II •I I 104 BY-LAW NUMBER C.P. 110-78 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By-law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land located at 640 Hillcrest Road, having an area of approximately 38.5 hectares, also identified as being PID Nos. 00310615 and 55062053, from "RS-1" One and Two Family Suburban Residential to "RR" One Family Rural Residential, classification - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of A.D. 2007 and signed by: Mayor/ Maire ARRETE N" C.P. I I U-723 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix-neuf (19) decembre 2005, est modifie par : 1 La modification de 'annexe « A» , Plan de zonage de The City of Saint John, permettant de modifier la designation d'une parcelle de terrain situee au 640, chemin Hillcrest, d'une superficie approximative de 38,5 hectares et portant les NID 00310615 et 55062053, afin de faire passer la classification de zone residentielle de banlieue - habitations unifamiliales et bifamiliales <<RS-1» a zone residentielle rurale - habitations unifamiliailes <<RR>> - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2007, avec les signatures suivantes Common Clerk/Greffiere communale First Reading - July 7, 2008 Premiere lecture - le J juillet 2008 Second Reading - July 7, 2008 Deuxieme lecture - le J, julliet 2008 Third Reading - Troisieme lecture - PLANNING AND DEVELOPMENT / URBANISME ET D~VELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By-Law of The City of S int John ai nt John Modifant Annexe «A» de I'Arret6 de zonage de The City of S i I i i „ FROM / DE TO / RS-1 RR One and Two Suburban Family One Family Rural R es idential / Residential / Zone de banlieue- Zone r6sidentielle rurale- habitations unifamiliales et habitations unifam lial es bifamiliales I II i ~ Applicant: Sierra Supplies Ltd. Location: 640 chemin Hillcrest Road 1 i PID(s)/NIP(s) 00310615 & 55062053 07PB1 Drawn By/Creee Par: David Couture Date Drawn/Carte Creee: July 11 juillet, 2008 Considered by P.A.C./consid&66 par le C.C.U.: July 2 Juillet, 2008 Enacted by Council/Approuv6 par le Conseil: BY-LAW NUMBER C.P. 110-79 A LAW TO AMEND THE ZONING BY-LAW OF THE CITY OF SAINT JOHN ARRETE N" C.P. 110-79 ARRETE MODIFIANT 'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une r6unioo du conseil John in Common Council convened, as communal, The City of Saint John a follows: ddcr6t6 ce qui suit : The Zoning By-law of The City of L'arret6 sur le zonag~ de The City Saint John enacted on the nineteenth day of of Saint John, d6cr&6 le ix-neuf (19) December, A.D. 2005, is amended by: d6cembre 2005, est modifi6 par : 1 Amending Schedule "A", the Zoning Map of The City of Saint John, by re-zoning a parcel of land with an area of approximately 1991 square metres, located at 7 Pokiok Road, also identified as being PID No. 55116735, from "R-2" One and Two Family Residential to "TH" Townhouse 1 La modification de 'annexe <<A», Plan de zonage de The City f Saint John, permettant de modifier la d&s gnation d'une parcelle de terrain d'u e superficie d'environ 1991 metres carr6 , situ6e au 7, chemin Pokiok, et portnt le NID 55116735, de zone re identielle - habitations unifamiliales e bifamiliales <<R-2» a zone de maisons en ane6e « TH - all as shown on the plan attached hereto and forming part of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-law the * day of A.D. 2008 and signed by: Mayor/Maire - toutes les modifications son mdiqu&es sur le plan ci joint et font partie d~u pr&sent arrdt6. EN FOI DE QUOI, The Cityl of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2008, avec les signatures suivantes Common Clerk/Greffi6re communal First Reading - July 7, 2008 Premiere lecture - le 7 juillet 2008 Second Reading - July 7, 2008 Deuxi6me lecture - le 7 juillet 2008 Third Reading - Troisieme lecture - REZONING / REZONAGE Amending Schedule "A" of the Zoning By-Law of The City o~ Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John \ y c h. P o k i o k \ Is- i i FROM / DE TO / A R-2 TH One and Two Family Residential . Townhouse / Zone de maisons en / Zone residentielle-habitations rangee unifamiliales et bifamiliales II I Applicant: Matrix Management Inc. Location: 7 chemin Pokiok Road i PID(s)/NIP(s) 55116735 06N78NE Drawn By/Cr&6e Par: David Couture Date Drawn/Carte Creee: July 11 juillet, 2008 Considered by P.A.CJconsidLsr~ par le C.C.U.: July 2 Juillet, 2008 The City o-'Sa-it John [0-3 July 21, 2008 His Worship Mayor Ivan Court And Councillors Your Worship and Councillors SUBJECT: Proposed Municipal Plan Amendment - 443 Boars Head Road A Public Presentation was given for a proposed amendment to the Municipal Development Plan which would amend Section 3.4.4 of the Millidgeville Secondary Plan (Development Area Design Guidelines- Projects and Proposals- Development Area D: Boars Head Road) by adding the following sentence at the end of the second paragraph rn under the heading "Development Theme/Character": Apartments may also be developed ° on the parcel of land located at 443 Boars Head Road. The required advertising has been completed, and attached you will find a copy of the application, public notice and insertion order of the proposed municipal plan amendment. No written objections to the proposed amendment have been received. If Council wishes, it may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and authorize the necessary advertising with a Public Hearing to be held on Monday, September 2, 2008 at 7:00 p.m. in the Council Chamber, or not to proceed with the proposed amendment process, and adopt a resolution to deny the application and receive the attached documentation for information. Attachment J° P.Q. Box 1971 Saint John, NB Canada L 4L1 I saintjohn,ca I C.1~ " 97'1 Saint John, ~J. B. Canada ~ L1 II Application for a Municipal Plan and Zoning By-law Amendment Demande de modification au plan municipal et a Varrete sur le zonage Applicant Related Information / Renseigoements sur le demandeur Name of Applicant / Nom du demandeur Mailing Address of applicant / Addresse postale du demandeur __I_ I W GASLE a Le AA I ~ L Postal Code / Code postal ~r Telephone Number/ Numdro de tdldphone Home / Domicile (o 25 G 2 Work / Travail Fax Number / Numdro de tdldcopieur Name of Property Owner (if different) / Nom du propridtaire (si diffdrent) - OeE Address / Adresse ___9n FA-P _1~1 i4~CTJ IQ 5 ns-L> _ 4 M,a r 1 t~ R T ] 7-** 004- E 19 5 :zi Postal Code / Code postal: Property Information / Renseignements sur la proprietk Location / Emplacement Civic # 1 No de voirie Street / Rue PID / NIP Lot Area / Superficie du lot LD-I-+-14 ` a -Street Frontage / Facade sur rue Existing Use of Property / Utilisation actuelle de la propridtd VQ Present Municipal Plan Land Use Designation Ddsignation actuel de utilization des terres sur le plan municipan+m --L Present Zoning / Zonage actuel R M4- Amendments Requested / Modifications demandees Municipal Plan / Plan municipal @Z1 ange Land Use Designation to / Modifier la ddsignation de Putilisation des terres d n LAIn v, 0 and~lor / ou U f 1~ I J, Y~Text Amendment (indicate particulars on attachment) / Modification du texte (indiquez les ddtaiis en annexe.) Zoning By-]a 1 Arretd sur le Zonage CJ 0 Chang Zoning to / Modification du zonage A and/or/ u ❑ Text Amer9gt7 ent (indicate particulars on attachment) / Modification due texte (indiquez les ddtails en annexe) Development Proposal / Proposition d'amenagement Description of Proposal / Description de ]a proposition 1.2, uev-, 4 -Ru ~ cd. t-O You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other farm of information. The site plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Vous devez fournir un plan du site a Nchelle illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de bdtiment, des dessins de plan d'elevation et toute autre forme de renseignement. Le plan du site dolt indiquer les dimensions de la propridtd, Pemplacement de la totalite des bdtiments, des alldes, des acres de stationnement, des amenagements paysagers et des panneaux de signalisation. Il est important d'indiquer la distance entre les limites de la propriete et les bdtiments. Provide reasons why these amendments should be approved. / Fournir les raisons pour les quelles les modifications devraient titre approuvdes. Provide any other information about your proposal that would be helpful. / Fournir tout autre renseignement concernant votre proposition qui pourrait titre utile. Signature of Applicant / Signature du demandeur IS400 Application Fee Enclosed / Ci joint les frail de demande de 400 $ If you are not the owner of the land in question Si vous n'dtes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dons la partie the owner authorizing this application to proceed is ci-dessous. La signature du proprietaire autorisant le required for consideration by Common Council. traitement de la prdsente demande est requise pour que cette dernl&re ~t examinee par le Conseil com unal. Signature of Owner (if applicable) Signature du propridtaire (s'il y a lieu) Wjk 4446 L54 Date 1 5t< aoo~ ; .PCo 4,onk ~ A~odo'►s tA. Proposed Municipal Plan Amendment to the Millidgeville Secondary Plan Amend Section 3.4.4 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES - Projects and Proposals - Development Area D: Boars Head Road) by adding the following sentence at the end of the second paragraph under the heading "Development Theme/Character": "Apartments may also be developed on the parcel of land located at 443 Boars Head Road (PID 00449553.)" N Application for Amendment to Section 39 Resolution or Agreement Demande de modification de la resolution on de l'entente relative a l'articIe 39 Applicant Related Information I Renseignements sur le demandeur Name of Applicant / Nom du demandeur K V-4, C---1(j/j r1 Cc Q (n L60f s l t1 [ . Mailing Address of Applicant / Adresse postale du demandeur 11 TI(r4ce ~x i 8 110 M n MA. Postal Code / Code postal Q-K S K Telephone Number / Numdro de tdldphone: Home / Domicile 63G- [ 32 Z Work / travail Fax Number / Numdro de teldcopieur Name ro of Property Owner (if different) / Nom du propridtaire (si diffdrent) 5~+i i S h } p f t S e S Me-A~ac-k St. , ~)ain+ j CA,-\ . ~Ae ~ Postal Code / Code postal EZK I K7 Existing Resolution 1 R6solution actuelle Date of Resolution to be Amended / Date de ]a rdsolution A modifier 1'21 O c;' . ~ q F g rc~(nnv o Qojc) Location/Emplacement. 4Z`3 ROQt~5 E4 e-aJ PDad L W5S3 Civic No. /No de voirie Street / Rue PID /NIP Applicant's Interest in Property / Intdret de demandeurs dan la propridtd U j D n -tp ic"[Slans e What is your Proposal? I En quoi consiste votre proposition? Note: Provide a fully dimensional drawing or plan which illustrates your proposal. (Describe proposal in detail) Nota: Fournier un plan ou un dessin entii'rement cotd illustrant votre proposition. (Ddcrire la proposition en ddtail) -f S S Q.....~ A fee o 00.00 is enclosed in the for eque or Money Ooer ade payable to the City of Saint John. Ci joint %c frais de 300 S sous forme de chd e ou e m -Est ibelld A Pordre de The City of Saint John. Signature of Applicant 1 Signature du demandeur Date ( M0.tj zoop _ Signature of the owner must be included. / Lasignature due propridtaire doit Rre incluse. Signature of Owner (if applicable) / signature du propridtaire (s'iI y a lieu) '_EE &=-A U P C Date c~ PROPOSED MUNICIPAL PLAN AMENDMENT RE; 443 BOARS HEAD ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: Amend Section 3.4.4 of the Millidgeville Secondary Plan (DEVELOPMENT AREA DESIGN GUIDELINES - Projects and Proposals - Development Area D: Boars Head Road) by adding the following sentence at the end of the second paragraph under the heading "Development Theme/Character": "Apartments may also be developed on the parcel of land located at 443 Boars Head Road (PID 00449553.)" (INSERT MAP) A public presentation of the proposed amendment will take place at a regular meeting of Common Council on Monday, June 9, 2008 in the Council Chamber, Lobby Level, City Hall. PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET : 443, CHEMIN BOARS HEAD Par les pr6sentes, un avis public est donne par lequel le conseil communal de The City of Saint John a Fintention d'dtudier la modification du plan d'am6nagement municipal comme suit : La modification de Particle 3.4.4 du Plan secondaire de Millidgeville (LIGNES DIRECTRICES RELATIVES A LA CONCEPTION DE SECTEURS D'AMENAGEMENT : projets et propositions relatifs au secteur d'amdnagement « D» : chemin Boars Head) en ajoutant la phrase suivante a la suite du deuxieme paragraphe sous la rubrique c< Th6matique et caract6ristique de Pam6na ement» : ((Les immeubles a logement peuvent aussi titre amdnag6s sur la parcelle de terrain situ6e au 443, chemin Boars Head (NID 00449553.))> (INSERER LA CARTE) Une presentation publique du projet de modification aura lieu lors de la r6union ordinaire du conseil communal le lundi 9 juin 2008 dans la salle du conseil, au niveau du hall d'entr6e, a 1'h6tel de ville. REASON FOR CHANGE: RAISON DE LA MODIFICATION : To permit the development of three-storey Permettre Pam6nagement de logements multiples apartment buildings. de trois 6tages. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by July 9, 2008. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 9 juillet 2008 6 1'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de Purbanisme et du d6veloppement a 1'h6tel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Elizabeth Gormley, Common Clerk Elizabeth Gormley, Greffi6re communale 658-2862 658 2862 Veuillez faire part au conseil par ecrit de vos objections au projet de modification au plus tard le 9 juillet 2008 a ]'attention du soussign6. Pour toute demande de renseignements, veuillez communiquer avec le bureau du greffier communal ou le bureau de Furbanisme et du d6veloppement a ]'hotel de ville au 15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Elizabeth Gormley, Greffiere communale 658 2862 LO City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442.2010 Department: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormlcy , Phone: (506) 658-2862 Fax: (506 674-4214 Special instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad Date(s): Tuesday, May 27, 2008 SJTJ Independent Placement Date(s): " SJTJ Classifieds Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub-Headline (if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658-2862 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: The City Manager submit a report with regards to the City of Saint John establishing a program of land banking. With the impending energy boom in the city, and the furthering of the Benefits Blueprint, I believe that we need to protect both Saint John Non-Profit (a City appointed non-profit) from potentially escalating prices, but by controlling potential in-fill space the city will be in a strong position to control the type development that occurs. The timing is such that in many of our Priority Neighbourhoods that we should be able to bank land at a low rate and in the future turn it over to either non-profit housing (and protecting their costs) or private developers (and return a profit to the city). Respectfully Submitted Received by e-mail Gary Sullivan 117 July 21, 2008 Dear Mayor and Council: Item: Best Practice Municipal Affordable Housing Model - City of Saskatoon Data: • The City of Saint John appears to be heading towards a possible housing affordability crisis. • The City of Saskatoon has taken a proactive approach to housing affordability. • The City of Saskatoon has an "affordable" housing goal, housing programs and 2008 housing business plan. Saskatoon's population is approximately 208,000. More information is available from their webpage: http://www.city.saskatoon.sk.ca/org/city_planning/affordable housig/incenti ves.asp • In July, 2007, Saskatoon's City Council established a target of 500 affordable dwelling units annually, to be achieved with the participation and partnership of numerous sectors including: government-supported providers, financial institutions, developers, investors and faith-based groups. • Municipal programs for affordable housing include: Property Tax Abatement, Direct Sale of City-owned Land for Affordable Housing Projects, New Rental Construction Land-Cost Rebate Program, Permit for Secondary Suites. Proposed programs include: First Home Ownership Program, Land Trust, New Zoning District for Entry-level and Affordable Housing, Bonuses for Inclusionary Housing. • Saskatoon's 28 page housing business plan (which is included) acknowledges that affordable housing is an untraditional role for the city but one that is integral to the development of neighborhoods, the downtown, and to increasing the range of housing choices available to citizens. Motion: Through the City Manager to Mr. Forrest, that the above mentioned municipal data be examined with respect to Mr. Forrest's review of Municipal Policies as they pertain to Affordable Housing. Sincere r Peter McG i e COUNCILLOR .w M;, , a.11&P.O. Box 197° Saint John, NHS Canada ~ .saintjohn.ca I CA 1971 Saint John, NA. Canada E2L 41-1 Housing Business Plan - 2008 - City of Saskatoon October 2007 HOUSING BUSINESS PLAN - 2005 City of Saskatoon A. PREFACE ATTACHMENT 2 This business plan sets out the City's role and action plan in the area of housing to the year 2008 and beyond. Housing is a non-traditional role for most municipalities, including the City of Saskatoon. Although, the City of Saskatoon does not build, own or manage housing, the City has at its disposal many effective tools which can be used to help increase the range and supply of affordable housing. Many incentives offered by the City through this plan will focus on increasing the range of choices for working families at or near the entry level market. Of particular note, is the introduction of 'permanent affordable housing' for working families, which is a new concept for Saskatoon. Commonly known as a land trust, any public or private equity invested into this form of housing stock is retained in perpetuity. Through this proposal, a certain inventory of dwelling units will be removed from the influence of the market place and dedicated to the entry level housing market. rn Other initiatives and incentives support housing developments which are designed to meet the needs of residents at other points on the housing continuum. Finally, planning objectives such as neighbourhood and downtown revitalization are also supported in this plan, through the Enterprise Zone and Downtown Housing incentive program. This plan will focus the City's role in housing, by defining where the City can be most effective in serving the community to meet the most pressing housing needs. Resources to support housing initiatives will be identified, which draw upon the traditional areas of expertise within the City of Saskatoon, in areas such as municipal planning, municipal engineering, land development, and land use regulations. It is important to take note that all of the funding for the major financial commitments in the City's housing business plan are made possible through the City's Land Development Program. The Land Branch provides leadership and management expertise for this program and working in partnership with other civic departments and the private sector produces approximately 50 percent of the residential development land parcel/lots within the boundaries of the city. This program is administered using the same principles and expertise and due diligence as is applied within the private sector. The main difference is that the city, as the land developer, can directly influence our community's affordable housing agenda. The City of Saskatoon can direct or hold parcels of land for affordable housing projects and it can also direct surplus funds from Housing Business Plan - 2008 - City of Saskatoon October 2007 2 this development activity into projects that ensure that all citizens benefit from land development growth in our city. Investments in inner city revitalizations projects and housing incentives to create affordable housing opportunities in all neighbourhoods of the city are two significant successes made possible because of our Land Bank Program. The Housing Continuum Housing can be described on a continuum. At one end are those individuals and families experiencing absolute homelessness. At the other end are those individuals and families able to meet their housing and other basic needs without difficulty. In the middle is a range of moderate-income households, many which are living paycheck to paycheck and finding it difficult to make ends meet. It is all too easy for these households to slide the wrong way on the housing continuum. Events such as job loss, illness, severe accident, or addictions can significantly reduce a household income and make these individuals or families vulnerable to becoming dependent on some form of social assistance in order to remain appropriately housed. The list below describes the Housing Continuum. 1. Social Housing (at Risk of Homelessness) a. Shelters b. Crisis/intervention housing c. Subsidized housing (operating) d. Supported-living i. Low-income ii. Long-term disabilities iii. Addictions 2. Supported Home Ownership and low-income Rental Housing (Low Income) a. Forgivable loans to owners public programs b. Capital grants to landlords - public programs i. newly announced secondary suites assistance ii. HomeFirst RAP (rental assistance program) C. Publicly operated rental units - protect against market swings in rental rates d. Faith-based - capital support e. Volunteer sector (e.g. Habitat for Humanity) - labour equity support 3. Entry Level Housing (Moderate Income) a. Low-interest mortgages b. Deferred mortgages c. Permanent Affordable Housing (New proposal) 0 N Housing Business Plan - 2008 - City of Saskatoon October 2007 3 Private or public source of equity funds applied to dwelling units versus provided to individuals as forgivable loans Removes this housing stock from influence of open market 4. Market Housing (Medium to High Income) a. Variety of dwelling accommodation choice and price points b. Variety of financing vehicles available in an open market environment c. Sufficient family/individual income levels to support financing Individuals and families requiring emergency shelters, transitional housing, and social housing are currently being served by the Province of Saskatchewan through the Department of Community Resources. Land developers and the housing industry are providing a variety of market housing choices at price points for those individuals and families with medium to high household income levels. The City, along with other orders of government, the private sector and community or anizations should focus its efforts on the supported home ownership, rental, and entry level housing range of the overall continuum. Mandate for the City's Role in Housing The City of Saskatoon Strategic Plan (2004) Endorsed by City Council, this plan identifies Saskatoon's vision for being a "model city whose people will have the freedom, security and opportunity to make choices for a higher quality of life." And, "be made up of diverse neighbourhoods, each one liveable and enjoyable for its residents and united for the common good of the city". (Page 4.) The City of Saskatoon Corporate Business Plan {2007-2009) Based on the Strategic Plan, it sets out a number of strategies to attain the City's vision. Housing related actions are: • To continue to pursue affordable and/or innovative housing initiatives. • Develop a strategy to address deteriorating housing in core neighbourhoods. • Pursue affordable housing initiatives for Aboriginal people. • Pursue public/private partnerships for housing projects. The City's Development Plan This is the main policy instrument by which the City manages land use and sets out local standards for neighbourhood development. Housing outcomes are increasingly understood as being fundamentally linked to the goals established in this plan. This includes a desire for balanced growth across the city and equitable amenities in each neighbourhood. N Housing Business Plan - 2008 - City of Saskatoon October 2007 B. THE HOUSING SITUATION IN SASKATOON KEY ISSUES 4 The Saskatoon Community Plan for Homelessness and Housing - HPS Since 2001, the City of Saskatoon has partnered with the Saskatoon Housing Initiatives Partnership (SHIP) to maintain and update the Saskatoon Community Plan for Homelessness and Housing. This plan identifies the priorities of the community as a whole, around housing issues in Saskatoon. In 2007, the annual community engagement process to update the plan was lead by SHIP funded by the Homelessness Partnering Strategy (HPS) of the Federal Government. In 2007, two community consultation events took place: • April 18, 2007 - Community Plan Assessment. • September 12, 2007 - Community Plan Update. Appendix A to this report contains the housing priorities resulting from the community consultations. Current Trends in Saskatoon The City Planning Branch engages in continuous research and collection of information regarding housing issues in Saskatoon. Primary sources for data include: N N • The State of Saskatoon Housing Report, • Saskatoon Housing Initiatives Partnership; • Statistics Canada; • CMHC; • Neighbourhood Profiles; and, • Local Area Plans. Deficit of Affordable Housing Units According to the State of Saskatoon Housing Update Report, in many respects, Saskatoon is doing well compared to the rest of Canada in meeting the needs for affordable housing. However, an additional 3,500 dwelling units are needed in Saskatoon to meet the needs of Saskatonians today. 2. Segments of Population in Greatest Need In Saskatoon, the ability to afford decent and suitable housing is becoming more problematic, especially among lone parent families, working families, Aboriginal people, and single persons. Other groups that were identified as being more likely to have difficulty in accessing suitable housing or to be at risk of homelessness were persons with special needs such as women fleeing violence and persons with mental illness or addictions. An emerging issue will be finding adequate housing choice for students, recent immigrants and visible minorities as Saskatoon attracts more immigrants. Housing Business Plan - 2008 - City of Saskatoon October 2007 3. 5 Sudden and Rapid Rise in Prices Saskatoon is experiencing greater demands for appropriately priced housing for the City's lowest income groups and most vulnerable population as a result of the discrepancy between increases in housing costs and increases in income. According to the State of Housing Report, incomes have not kept up to increases in the cost of living based on the Consumer Price Index. As the chart to the right illustrates, Saskatchewan experienced steady price increases of around five percent in 2005. In 2006, the average increases began rising from five percent to over ten percent. However, in 2007, prices rose dramatically. In Saskatoon, the price of housing rose by 51.4 percent (July 06 - July 07) - this was the highest increase in Canada. It is interesting to note that the sudden rise in prices in Saskatchewan correspondents directly with a drop in average price increases in Alberta. Alberta arid Sas katchawan show large Inc reases ..Ik,iKl? In~rn a yror.i~r&'a %w kak1►Rran All-art) - - - » Gan *.rl k1 J ! 61 J 1 I.I As of the date of this report, the average Saskatoon house price is now over $250,000 ($161,921 in August 2006). 4. Affordability In August 2006, a gross annual income of $48,000 was needed to purchase an average $160,000 house (25-year mortgage). In August 2007, a gross annual income of $70,800 is needed to purchase an average $250,000 house (+$22,800 or +48 percent). According to RBC's Affordability Report, Saskatonians are now paying 40 percent of their gross annual income on housing costs. Thirty percent of gross income is used as a general guideline for estimating affordability of housing. 5. Condition of Existing Dwellings Older neighbourhoods, typically, are those that contain housing in need of major repairs and these are often located in or near the centre of the city. An examination of changes in housing conditions among Saskatoon neighbourhoods has shown that increases in the number of dwellings needing significant improvement are no longer confined to pre-1970's housing. 6. Availability of Builders/Con tractors This issue is affecting the capacity of the traditional affordable housing provider to get approved projects constructed. There is now an acute shortage of skilled trades, which is putting significant upward pressure on prices and adding co N 6 Housing Business Plan - 2008 - City of Saskatoon October 2007 significant time to project timelines. Affordable housing projects with little or no profit margin, and tight budgets, are finding it more difficult to secure commitments from construction trades and suppliers of material. 7. Falling Vacancy Rates for Rental Accommodations Similar to the rapid rise in house prices, there has been a rapid fall in the vacancy rate for rental apartments. In 2004, Saskatoon had one of the highest vacancy rates in Canada. However, since 2004 the average rate has fallen to below three percent city-wide, and near zero percent on the east side of Saskatoon. C. ROLE OF THE CITY OF SASKATOON IN HOUSING City-wide Vacancy Rate 2004 6.3% 2005 4.6% 2006 3.2% 2007 c 3.0% projected Based on the above, it is clear that there is a need for the City of Saskatoon to continue playing a key role in working with other agencies, orders of government, and community stakeholders, to address housing issues in Saskatoon. There are many people who require more than the conventional housing market is able or willing to offer. Municipal governments need to be involved in encouraging and supporting the supply of appropriate housing. It is at the local level that the effects and impacts of residents who do not have safe, stable, adequate, and affordable housing are felt. This impact is felt in our schools when children are absent, unhealthy, or subject to constant moving. Our workforce is also impacted when people cannot find appropriate housing that supports their ability to find, access, and retain employment. These impacts link to health, crime, and community planning. The cost of not being involved in the supply of safe, stable, adequate and affordable housing is high, much higher than the cost of taking a municipal role in housing in Saskatoon. The City of Saskatoon understands that permanent, affordable, appropriate, safe, and secure housing is the necessary foundation for building healthy, well-educated, creative, and economically viable neighbourhoods. Housing needs encompass a continuum that can be viewed along a variety of areas such as income (poverty to wealth), age (children to seniors), and health care. Maintaining condition of Existing Housing Stock The City of Saskatoon has initiated a number of programs over the years aimed at ensuring that various forms of accommodations meet minimum living conditions. The Fire Department, under the Fire and Protective Services Bylaw No. 7990 performs annual inspections of all buildings, structures, and properties that according to the National Building Code of Canada 1995 are categorized as Assembly, Institutional, and Residential (four dwelling units or greater) for fire and life safety. The Department 'IT N Housing Business Plan - 2008 - City of Saskatoon October 2007 7 conducts annual and bi-annual inspections on all commercial, mercantile, and industrial buildings, structures, and properties. In addition, City Council passed the Property Maintenance and Nuisance Abatement Bylaw No. 8175 to provide the Fire and Protective Services Department with the mandate to undertake scheduled and complaint-driven inspections of all properties in all areas of the City. These inspections include the conditions of yards, properties, and the exterior of all buildings and structures including single family dwellings. Saskatoon Fire and Protective Services regularly receive complaints about property and living conditions, fire, and life safety concerns within dwelling units and rental properties including multi-unit or apartment style complexes. In accordance with the provisions of the Property Maintenance and Nuisance Abatement Bylaw a Fire Inspector will follow- up the complaint within the specified property, identify the deficiencies and issue an order to remediate, as required. The Fire Department is also in the second year of a partnership with the Provincial Government Community Resources Department through their Home First Program. Social Assistance clients renting a property and seeking an increase in their rental income supplement are required to have an inspection by the Fire Department. LO Remedial action is requested of the landlord if warranted under the requirements of the N Home First Program and the Property Maintenance and Nuisance Abatement Bylaw. If the property meets the basic requirements the individual or family qualifies for an increase in their monthly income. Under the agreement the Fire Department has undertaken 1740 Home First inspections to date. The agreement calls for 1040 inspections annually with a fee of $75.00 paid to the Fire Department. What makes this agreement unique is that these inspections are mostly in single family rental properties that without this collaborative effort would not otherwise have occurred. In addition, Saskatoon Fire and Protective Services, City of Saskatoon Community Services, and the Saskatoon Health Region have developed and delivered the Renters Roles, Rights and Responsibilities Seminar to renters in an effort to provide better renter and landlord relationships. The City is also seeking to expand this effort through the introduction of an inspection audit of all rental accommodations that are supported with taxpayer dollars in one form or another through various government programs. Analysis of these audit results would further direct joint efforts to ensure that all taxpayer supported dwelling units provide appropriate and dignified living conditions. Initial discussions have occurred at the administrative and political levels to gain consensus and initiate a review of implementation issues. Housing Business Plan - 2008 - City of Saskatoon October 2007 8 The Research Section of our Planning Branch has also implemented a process to monitor the condition of housing stock throughout the city. The initial report was issued in 2004, with an update provided in 2006. The second issue is anticipated in Fall 2008. D. CORE STRATEGIES In order to achieve the goals outlined in Appendix B, the City of Saskatoon will carry out the following strategies: 1. Undertake and support policy improvements, which provide as many practical, effective housing solutions as possible and to engage as many sectors of the economy to provide a greater range of affordable housing choices. 2. Provide a wide range of housing incentive plans to reduce barriers associated with providing a range of housing choices, in a variety of locations, and to support innovative and downtown housing. 3. Continue research and monitoring functions in order to provide current and relevant information on housing conditions and trends. 4. Partner with various orders of government and community-based organizations to take action on affordable housing needs. 5. Support education and awareness programs to inform the public about housing issues, such as renters' rights, and community safety. E. BUSINESS COMPONENTS OF THE HOUSING PROGRAM From the core strategies, a range of business functions have been established or proposed to achieve the goals in this housing plan: Policy Development Function a. New 'First Home Ownership Program' b. New Zoning District for Entry Level and Affordable Housing C. Bonuses to encourage Inclusionary Housing Development d. Permanent Affordable Housing for Working Families (Land Trust) e. Providing Disposable Land to Affordable Housing Providers f. Priority Review for Affordable Housing Development g. Policy Review for Granny, Garage, Carriage and Secondary Suites h. New Neighbourhood Design Standards 2. Housing Incentive Function a. Innovative Housing Incentive Policy b. Incentives for Secondary Suites C. Five Year Tax Abatement for Affordable Rental Housing Q0 N Housing Business Plan - 2008 - City of Saskatoon October 2007 d. Support for Affordable Housing Business Planning e. Downtown Housing Program f. Municipal Enterprise Zone 3. Research and Monitoring Function a. Saskatoon State of Housing Report b. Neighbourhood Profiles C. Local Area Plans d. Saskatoon Community Plan for Homelessness & Housing 4. Partnerships/Joint Ventures/Networking Function a. Urban Development Agreements b. Government of Canada (HPS) C. Province of Saskatchewan (Home First) d. Aboriginal Governments e. Community Based Organizations f. Regional Intersectoral Committee 5. Education and Awareness Function g. Renters Handbook h. Affordable Housing Week 9 Policy Development Function This function contains the policies of the City of Saskatoon, which are intended to create and manage supply of affordable housing. It is also intended to foster a climate of innovation, growth and development of housing. The following section describes new and enhanced initiatives proposed for 2008. New'First Home Ownership Program' (New) Further discussion within the Administration has lead to the idea of identifying sites to provide opportunities for individuals and families with low to moderate incomes to enter the housing market. This program is not social housing and is not intended to be rental units. It is a home ownership opportunity. It will identify locations within neighbourhoods for housing at price points which can be financed by families with incomes at or near the Provincial maximum income limits. All housing requires a land base. This initiative is intended to identify, early in the development process of a neighbourhood, locations for this type of housing. This type of housing can take many forms - single unit dwellings or a variety of multiple unit dwellings. At the present time, it is recommended that the City take the lead in identif in land locations within City-owned land development proiects for First Home Ownership opportunities. The Community Services Department, Land Branch will identify sites for both single and multiple-unit housing in new neighbourhoods such as Willowgrove and r` N Housing Business Plan - 2008 - City of Saskatoon October 2007 10 Hampton Village and in Suburban Centres such as Blairmore. Land will be identified in sufficient numbers to meet the City's share of Council's objective of 100 - 200 units by land developers. This would equate to 50 percent of this target, or 50 to 100 units per year. The process of identifying sites for a special type of housing is similar to the existing process used for personal care homes, which are illustrated on neighbourhood concept plans. The First Home Ownership Program will be administered through a Request For Proposal (RFP) process. The RFP process will remove these sites from an open tender process. In effect, the locations will be reserved for those housing providers who are willing to construct this type of housing. The sale price of these parcels will remain fixed from the date the price is approved by City Council. Architectural controls will remain in place for this type of housing to ensure the housing form is compatible with the adjacent residential development. The Administration will consult with private developers to encourage them to adopt this initiative on a voluntary basis within privately-owned neighbourhoods such as Stonebridge and the upcoming Rosewood neighbourhood. Co N Status: Ready for Implementation on City-owned land. More consultation required with private developers to implement a voluntary program. Timeframe for Completion/Implementation: 2008. Impact on Existing Service Levels: No impact expected. Recommendation a): that the Land Manager be instructed to implement the First Home Ownership Program and identify suitable locations for this type of housing in new City-owned neighbourhoods, including Willowgrove, Hampton Village and Blairmore Suburban Centre. Recommendation b): that the Land Manager coordinate the design and implementation of an RFP process for the disposition of land under the First Home Ownership Program. Recommendation c): that the Administration consult with the private development industry towards a voluntary approach to implement the First Home Ownership Program in all privately-owned neighbourhoods. New Zoning District for Entry Level and Affordable Housing Developments (New) The Administration is recommending a new zoning district which would promote the development of new entry level and affordable housing forms, such as Grow Homes and Stacked Townhouses within neighbourhoods. The unique feature of such zoning is that it would cap the maximum size of development sites for single unit dwellings. This would ensure that development under the new zoning district will accommodate Housing Business Plan - 2008 - City of Saskatoon October 2007 entry level and affordable housing products. 11 One award-winning example of such housing is 'Grow Homes'. Grow Homes are usually a two or three storey structure, with a small footprint, where the upper floor of the dwelling is usually undeveloped. As the needs of the family or household change through time, the Grow Home can be completed by adding and moving interior partitions. Grow Homes usually have a maximum floor area stipulated in the zoning bylaw. Grow Homes are typically street townhouses, but can be adapted to become single family dwellings. Residential zoning districts in Saskatoon currently stipulate a minimum size for sites and setbacks, leaving the build-out of such sites open to the market. This new zoning district could be applied in all neighbourhoods - City-owned and privately owned. It could be used to ensure that appropriate standards are applied to sites designated for entry level housing and affordable housing. Status: At the proposal stage. Timeframe for Completion/implementation: 2008. Impact on Existing Service Levels: No impact expected. Recommendation: that the General Manager of Community Services Department be instructed to commence the process to create a new zoning district designed specifically for entry-level and affordable housing to be applied within new and existing neighbourhoods. Bonuses to encourage Inciusionary Housing Development (New) The City of Saskatoon has the authority to include "bonus" provisions in the Zoning Bylaw to help achieve certain developments within neighbourhoods. For example, bonuses are currently used in the Zoning Bylaw to encourage the construction of accessible dwelling units. For each accessible unit, extra floor space, over and above the maximum allowed, is granted to the development. The bonus technique could be used to encourage the voluntary addition of 'affordable' housing units within major residential developments, such as neighbourhoods, large scale redevelopments and large condo conversion projects. Examples of development bonuses could be to provide a greater Floor Space Ratio (FSR), or more site coverage, for each affordable unit included in the development. The City of Saskatoon has no legislative authority to impose a mandatory inclusionary housing policy. An amendment to the Planning Act would be required to implement mandatory inclusionary housing policies and regulations to require affordable housing in private land developments. Your administration is not recommending this approach. It is felt that the private market would not respond favourably to such an approach. rn N Bonuses are a more acceptable means to encourage Inclusionary Housing development. However, bonuses require more consultation with the housing providers Housing Business Plan - 2008 - City of Saskatoon October 2007 12 and developers in Saskatoon. It is the goal of this plan to continue formal discussions with housing providers and land developers with the hope of proposing a bonus program in 2008. Status: In progress - requires further consultation. Timeframe for Completion/Implementation: 2008. Impact on Existing Service Levels: to be determined. Recommendation: that the General Manager of Community Services Department be instructed to proceed with formal consultations with housing providers and land developers to implement a bonus provision in the zoning bylaw for inclusionary affordable housing developments, and report back in due course. Permanent Affordable Housing - (Land Trust) (New) Current market conditions reflect demand for housing which has outpaced supply and caused significant increases in the cost of housing units in the open market. Under these circumstances, your Administration believes that the City must take a leadership role in introducing a method of securing dwelling units (rental or owned) that would be protected from the influence of the open market, and targeted towards moderate income individuals and families. 0 Various cities across Canada have recognized this reality and moved towards creating a form of a community land trust or a housing trust or a housing corporation. A model of particular interest to your Administration is a model implemented by the Town of Canmore. They have created a community housing corporation to administer an inventory of permanent affordable housing units. A permanent affordable housing unit refers to both equity and rental housing that is removed from the influence of the open real estate market. Detailed qualification requirements restrict those who can purchase a permanent affordable housing unit and specific resale restrictions will ensure lower- than-market selling prices over a long period of time. Units created by this model are never released into the market place. They remain the property of the Housing Trust Corporation. This feature also ensures that any equity investment of private or public money to acquire these units remains in perpetuity. Permanent affordable housing units are not social housing and are specifically directed to meet the housing demands of moderate-income households. Moderate income levels are defined as household income that is above the minimum income level requirements to access social housing, but below the level that is sufficient to purchase a house on the open market. This is sometimes referred to as a 'feeder' market. Those who are entering the market at below market rates. The governance of such a "holding corporation" will require property management skills, an arms-length adjudication process to assign these units to the defined target model, collaborative decision-making, accountability and financial expertise. Representatives from various orders of government, the development sector, the business community Housing Business Plan - 2008 - City of Saskatoon October 2007 13 and non-profit housing providers should collaborate in the leadership and decision- making structure of this corporation. Your Administration wishes to pursue the creation of a new non-profit organization, which will govern and administer a new Land Trust for Saskatoon. This initiative will require more consultation with stakeholders throughout the community. Status: In progress, various models are under review. More consultation with the development sector, SHIP, and other stakeholders is required. Timeframe for Completion/Implementation: A business plan for PAH will be brought forward for review by June 2008. Impact on Existing Service Levels: To be determined. Recommendation: that the General Manager of Community Services Department be instructed to proceed with formal consultations and report back on the feasibility of implementing PAH by June 2008. Providing Disposable Land to Affordable Housing Providers (Enhanced) Council Policy C09-033 Sale of Serviced City-Owned Lands already provides for the direct sale of land where a registered non-profit corporation is seeking a site for development of a community center or similar project or a housing project directed at the provision of affordable housing units or special needs housing. From time to time, the City's Land Branch will acquire disposable parcels of land, which could be suitable for affordable housing projects. Sometimes these are parcels which are acquired, or no longer required, as a result of plan changes. The Land Branch will undertake to notify affordable housing providers, through SHIP, at the earliest possible opportunity to make them aware of any disposable land parcels which may be suitable for affordable housing purposes. Status: Ready for Implementation. Timeframe for Completion/implementation: Immediately. Impact on Existing Service Levels: No additional staff required. Recommendation: that the General Manager of Community Services Department be instructed to proceed with initiative to offer Disposable City-owned land to affordable housing providers, on a timely basis, through the Saskatoon Housing Initiatives Partnership. Priority Review for Affordable Housing Development (New) The Administration is prepared to implement a priority process for reviewing building and development permit applications for affordable housing. All affected departments who review permit applications are prepared to adopt the priority review. This includes: Building Standards Branch Development Services Branch Municipal Engineering Branch Housing Business Plan - 2008 - City of Saskatoon October 2007 Saskatoon Light and Power 14 Priority Review is not a fast track. It means moving an affordable housing permit application to the front of the queue (if there is one). Standard review periods still apply: Row Housing Small project (12 units or less) - 11 15 working days Medium project (more than 12 units) - 13 - 17 working days Apartment Small project (12 units or less) - 13 -17 working days Medium project (more than 12 units) - 15 -19 working days The Priority Review process will have the greatest benefit in times where permit application volumes are high and where there is a backlog of applications waiting for review. Status: Ready for Implementation. Timeframe for Completion/Implementation: Immediately. Impact on Existing Service Levels: No additional staff required for Priority Review. Recommendation: that the General Manager of Community Services Department be authorized to implement the Priority Review Process for Affordable Housing building, development and plumbing permit applications. Policy Review for Granny, Garage, Carriage Suites and Secondary Suites (New) Recent consultations with the homebuilders indicate that there may be a limited market for secondary suites. It is the opinion of the homebuilders that many people would prefer to be allowed to construct suites which are over garages (attached or detached) or in grade level suites and new additions to their homes. These types of units are sometimes referred to as Granny, Garage, or Carriage suites. They are small, separate units constructed on the same site as the principal dwelling. They are typically used as a small rental unit for students, or elderly relatives. Saskatoon currently does not permit these types of dwellings. Status: At the proposal stage. Timeframe for Completion/implementation: To be determined. Impact on Existing Service Levels: To be determined. Recommendation: that the General Manager of Community Services Department be instructed to investigate the feasibility of permitting the construction of Granny, Garage, and Carriage Suites during the upcoming review of the City Development Plan and Zoning Bylaw (Capital Project No. 2167). New Neighbourhood Design Standards (New) Development of the New Neighbourhood Design Standards will help provide for more price points and variety of housing in each new major development. A new `Guiding Housing Business Plan - 2008 - City of Saskatoon October 2007 15 Principles Workbook' is being developed which will encourage all developers of major residential infill projects and new neighbourhoods to adopt a more inclusive approach within each of their developments. The new neighbourhood design standards have been developed together with new Infrastructure standards, which support a greater range of servicing to provide more flexibility for developers and help keep costs of land servicing as low as possible. This study is near completion and will be presented to City Council in early 2008. Status: Near Completion. Timeframe for Completion/implementation: Early 2008. Impact on Existing Service Levels: No additional staff required. Housing Incentives Function This function within the plan is intended to create or enhance financial incentive programs. The City has many financial tools available which can influence the marketplace and help achieve its housing goals. Innovative Housing Incentives Policy C09-002) (Enhanced) The Innovating Housing Incentives Policy is the City of Saskatoon's main incentive c~ program for affordable and special needs housing. The program was revised in 2007, to increase the capital contribution from five percent to ten percent of the total capital cost of affordable housing projects to a maximum of $2.5 million per year. The incentives are no longer tied to the funding levels provided by the Provincial and Federal Government housing programs. The program will continue to use the Provincial Maximum Income Limits, updated from time to time, as the qualifying determinant for affordable housing projects. Incentives for Secondary Suites (new) Secondary Suites are permitted (with restrictions according to section 5.30 of the City of Saskatoon Zoning Bylaw) in all residential zoning districts. Suites are further encouraged through the Legalizing Existing Suites Program. This program provides an opportunity for property owners to upgrade and legalize an existing suite in a one-unit dwelling. The Program ensures that the major life safety issues are addressed, but does not require full compliance with the National Building Code. The effect is to reduce the cost and regulatory burden of providing affordable housing options through secondary suites. In consultations with the Saskatoon Home Builders Association, the cost to retrofit an existing home for a secondary suite can be as high as $50,000. The Province recently announced a new program, which offers homeowners a forgivable grant of up to 50 percent of the construction or renovation costs to add secondary suites to homes up to a maximum of $24,000. Housing Business Plan - 2008 - City of Saskatoon October 2007 16 The City of Saskatoon could further add to this new program by providing a rebate of any building, development or plumbing permit fees for new secondary suites and legalizing existing suites. The rebate would utilize funds proposed to be reallocated from the Plan Review and Inspection Service Stabilization Reserve. Funds in this reserve have been growing due to the high volume of permitting activity in recent years. It is expected that 100 new Secondary Suites will be constructed over the next three years (33 per year). At an average cost of $50,000, the building permit fee would be $288. The fee to legalize a suite is $250. It is budgeted that 24 suites will be legalized per year. The total draw on the reserve is expected to be approximately $50,800 over three years. Status: Ready for Implementation. Timeframe for Completion/implementation: January 1, 2008. Impact on Existing Service Levels: No Impact is expected. Recommendation: that the General Manager of Community Services Department be authorized to implement a permit fee rebate for construction or renovation to provide Secondary Suites subject to City Council approval to utilize funds from the Plan Review and Inspection Stability Reserve. 'IT Five-Year Tax Abatement for Affordable Rental Housing (New) co The City of Saskatoon is able to offer five-year tax abatement for non-profit providers of affordable housing, specifically for rental or co-op housing developments across the City. This new incentive will assist the development of affordable rental housing projects anywhere in the city. The incentive supports the goal of encouraging affordable housing in all areas of the city. The City will ensure that the development remains affordable for the five-year term through the tax agreement. This incentive does not lend itself easily to ownership arrangements as the City requires household incomes to remain at or below the Provincial maximum income limits for the duration of the tax abatement. Furthermore, the City will require with all applications, the submission of a ten-year business plan, which demonstrates that the project is financially viable in the five years after the tax abatement expires. Currently, five-year tax abatements are available in the Enterprise Zone and the Downtown for all housing developments, but these developments do not have to conform to the affordable housing restrictions on income. The administrative resources are already in place to implement this incentive if Council wishes. Housing Business Plan - 2008 - City of Saskatoon October 2007 17 Status: Ready for Implementation. Timeframe for Completion/implementation: January 1, 2008. Impact on Existing Service Levels: No additional City staff required. Recommendation: that the Innovative Housing Incentive Policy (Council Policy C09- 002) be amended to provide a Five year Tax Abatement for all rental and co-op affordable housing developments provided by a non-profit housing developer and supported by a ten-year business plan for such developments. Support for Affordable Housing Business Planning (New) The recent housing situation, and the establishment of affordable housing targets in Saskatoon, has prompted many organizations to explore providing affordable housing. The Faith-Based community is a prime example of a new sector which is attempting to meet the community's affordable housing needs. Affordable housing is a non-traditional role for many organizations. Often, they do not know where to start, or who to talk to, or how to access incentive and government assistance programs. Other requirements such as rezoning, discretionary use approval, and development LO co appeals can sometimes discourage proponents from moving forward. Recent consultations with the homebuilders, non-profit housing providers and SHIP indicate that incentives and policy changes are not the only answer. Traditional non-profit housing providers, faith-based organizations, and other housing providers require assistance to develop business plans for affordable housing. Skilled human resources available to assist housing providers in developing plans, procuring sites, applying for government programs and incentives are crucial. The Community Plan for Homelessness and Housing listed this type of service as one of its top five priorities in Saskatoon. The City of Saskatoon could support this need in the community by providing core funding for a resource within the Saskatoon Housing Initiatives Partnership or similar organization. The proposed source of funding is a one time reallocation of funds from the Plan Review and Inspection Service Stabilization Reserve. Funds in this reserve have been growing due to the high volume of permitting activity in recent years. Housing Business Plan - 2008 - City of Saskatoon October 2007 18 Status: Further Consultation is necessary. Timeframe for Completion/Implementation: 2008. Impact on Existing Service Levels: No Impact is expected. Recommendation: that the General Manager of Community Services Department be instructed to report back on a proposal to provide core funding for an affordable housing resource within the Saskatoon Housing Initiatives Partnership, or similar non-profit organization. Downtown Housing Incentives Policy (C09-032) The Saskatoon Downtown Plan has set a goal of 10,000 residents for the Downtown within the next 20 years. The Downtown Housing Incentives Policy was established to provide development incentives to encourage residential development in the Downtown area. Incentives include property tax abatements on the incremental value of new construction, conversion projects or renovation of restricted residential projects. The incentives apply to both market and below market housing. Municipal Enterprise Zone Policy (A09-031) The Municipal Enterprise Zone Policy provides development incentives to property owners and prospective businesses within the geographic boundaries of the Zone (i.e. Q0 West Industrial, Pleasant Hill, King George, Riversdale, Westmount, Caswell Hill, Mayfair, and Kelsey-Woodlawn areas). Incentives include rebate of building, development, plumbing permit fees, and may also include property tax abatements, grants in lieu of tax abatement, rebates of off-site development charges, rebate of environmental screening charges, land assembly, rebate of development plan amendment fees including advertising, rebate of rezoning fees including advertising, rebate of discretionary use fees, and rebate of subdivision fees. Research and Monitoring Function This function within the plan is intended to increase knowledge and disseminate data about housing in Saskatoon. Saskatoon State of Housing Report (updated every two years) The primary goal of the Housing Indicator Project is to capture and report on housing trends and conditions at the neighbourhood level. The Housing Indicator System incorporates both City and community information to support data analysis and reporting on housing issues and trends in Saskatoon. Neighbourhood Profiles (every five years) The City of Saskatoon uses neighbourhoods to geographically describe Saskatoon communities. Neighbourhood Profiles are produced for each census period. The Profiles report and track the status of variables, such as ethnic diversity, education level, family income, family structure, housing affordability, shelter costs, number of dwellings, real estate sales, housing by tenure, density of development, and age of dwelling. Housing Business Plan - 2008 - City of Saskatoon October 2007 19 Local Area Plans (ongoing) The Local Area Plans (LAPs) give residents an active role in determining the future of their neighbourhood. Residents, business owners, property owners, community groups, and other stakeholders form a partnership with the City of Saskatoon to develop goals and strategies aimed at improving the long-term success of their community. Housing is often included among the issues identified within the LAPs. Saskatoon Community Plan for Homelessness and Housinq (updated every two years) This plan identifies the priorities of the community in Saskatoon around housing issues. As a result The Saskatoon Community Plan on Homelessness and Housing gives voice to those in housing need and to those experienced with housing citizens in Saskatoon. The Plan is used extensively by the Homelessness Partnering Strategy (HPS) Committee to evaluate funding requests. Partnerships/Joint Ventures/Networking Function The affordability and availability of housing is greatly affected by factors outside the jurisdiction of the City of Saskatoon, including banking practices, provincial housing and community development programs, the actions of the federal government through policies, programs, and agencies such as the Canada Mortgage and Housing Corporation, and the capacity of the community to take action on housing needs. For this reason, the City has entered into a number of partnerships. Urban Development Agreements Urban Development Agreements (UDA) is a partnership of federal, provincial and municipal governments working in collaboration on broad issues such as inner city revitalization, innovation or sustainable development. The UDA program has been a key program to help develop new sites within existing neighbourhoods on brownfield sites to provide more housing opportunities (e.g. Station 20 West, Pleasant Hill). Government of Canada The City of Saskatoon partners with the Community Partnership Initiatives Corn Partnering Strategy (HPS), which is leE $1.17 Million dollars per year through the HIPS initiative. Government of Canada through the Supporting nittee (SCPI) in support of the Homelessness d by Service Canada. There is approximately '.009, allocated for Saskatoon projects through The Homelessness Strategy also strives to align itself with the Urban Aboriginal Strategy (UAS) and the Urban Aboriginal Housing (UAH) initiatives. The Province of Saskatchewan The City of Saskatoon partners with the province through the Saskatchewan Housing Corporation, an agency of Community Resources, in the Home First Program. ti co The Home First Program was announced in May 2007, and replaces the former Centenary Affordable Housing Program (CAHP). This is a new housing program Housing Business Plan - 2008 - City of Saskatoon October 2007 20 announced by the Provincial Government with $60 million being allocated to Saskatoon, Regina, Prince Albert, and North Battleford. Under the Home First Program, Saskatoon has been allocated $22.8 Million. This includes a Federal Government contribution equal to 50 percent of the funding. Municipalities are encouraged, but not required, to contribute similar levels of funding. Saskatoon has already committed to provide 10 percent of the total capital costs for affordable housing projects. Aboriginal Governments The City of Saskatoon partners with the Aboriginal Governments through the above mentioned federal and provincial programs, as well as directly through the existing Civic housing policies and through activities generated from Treaty Land Entitlement. Community Based Organizations There are many community-based organizations in Saskatoon that are involved in various aspects of affordable housing. The City of Saskatoon has partnered with many in the past and will continue these partnerships in the future. Based on the City of Saskatoon's Affordable Housing Work Plan the City will seek to partner with those organizations that will help it achieve its housing goals; goals that are based on community priorities and solid housing indicator information. Co Some of the existing organizations that the City of Saskatoon has partnered with are: co Saskatoon Housing Initiatives Partnership (SHIP); ■ Quint Development Corporation; Habitat for Humanity; ■ Saskatoon Tribal Council - Cress Housing; • Central Urban Metis Nation Inc. (CUMFI); ■ Sask Native Rentals; ■ City Centre Community Renewal Initiatives (CCCRI); Saskatoon Downtown Youth Centre (EGADZ); Affordable New Home Development Foundation (ANHDF); ■ Saskatoon Regional Homebuilders; Saskatoon Housing Coalition; and others. Regional Intersectoral Committee (RIC) The City of Saskatoon is a member of the RIC. RIC has identified housing issues as one of its priorities. RIC is mainly concerned with reducing duplication of effort and developing solutions to problems which must have multi-jurisdictional responses. Education and Awareness Function The City plays a role in helping to increase awareness about housing issues in Saskatoon. Housing Business Plan - 2008 - City of Saskatoon October 2007 21 Renters Handbook Updated every two years, the City publishes and distributes approximately 8,000 of this resource to help residents find rental accommodation and understand their rights and responsibilities as a renter. Affordable Housing Week Annually, the City of Saskatoon supports and contributes in the activities during affordable housing week in Saskatoon. Networking, solution building, and information sharing are key aspects of the event. 07 c~ Housing Business Plan - 2008 - City of Saskatoon October 2007 APPENDIX "A" Results of Community Consultation for Saskatoon Community Plan for Homelessness and Housing 22 Generally, the community felt that the affordable housing agenda should be focussed around these important elements: o A Sufficient supply of affordable land across community a Rising Servicing costs and standards o Land Use Policy and Regulation o Design Standards and Innovations o Access to Financing o Operating and mentorship o Development and Construction Capacity o Accurate, timely information Over 120 people, representing housing organizations and the general public, attended the Community Plan Update forum on September 12, 2007. The priority actions o identified in the 2007 Community Plan Update are: Priority 1: Emergency Services Objective 1.1: Expand emergency capacity to provide an additional 100 spaces appropriate for all family types (i.e. men, women, singles, and especially families). Objective 1.2: Enhance mobile outreach services to homeless individuals and families. Objective 1.3: Improve policies to better respond when emergencies arise. Priority 2: Specialized Transitional Services Objective 2.1: Develop 100 new units of transitional housing for a more diverse population including male and female youth, First Nations and Metis, immigrants and refugees, people facing addictions, and families. Objective 2.2: Examine ways and means of reducing the need for additional long-term supportive housing in the community. Objective 2.3: Engage new and existing partners to secure increased operating funding. Priority 3: Affordable Housing Objective 3.1: Add 50 new rental housing units for large families. Objective 3.2: Expand homeownership models (e.g. rent-to-own). Objective 3.3: Speed up the delivery of housing supply and build or renovate 500 affordable dwelling units each year. Housing Business Plan - 2008 - City of Saskatoon October 2007 23 Objective 3.4: Provide incentives to property owners to clean and open up vacant buildings for habitation. Objective 3.5 Increase the number of affordable housing units outside the core neighbourhoods. Priority 4: Serving People With Unique Housing Challenges Objective 4.1: Support agencies dealing with individuals who have complex issues to expand housing options. Priority 5: Coordination and Navigation Objective 5.1: Support a centralized housing resource that provides information, volunteer coordination, outreach staffing, fundraising services, and networking for service providers. Objective 5.2: Support a housing navigation or path-finding service that directly serves families and individuals to identify supports and navigate the continuum of housing and service providers. Priority 6: Building Knowledge Objective 6.1: Gain deeper knowledge of the challenges facing people in short-term housing situations by collecting relevant, timely, accurate information from shelter and service providers. Objective 6.2: Gain a better understanding of the issues facing the on-the- street and hidden homeless by collecting information from people in that life situation. Housing Business Plan - 2008 - City of Saskatoon October 2007 APPENDIX "B" Vision Statement, Mission and Goals for the City of Saskatoon in Housing 24 The focus of the Housing Business Plan is to encourage and support an environment where the market is more likely to supply housing that is inclusive, innovative and integrated into all neighbourhoods. The City will support housing which may be outside the conventional market, as well as working in a collaborative manner to ensure a range of suitable affordable housing is made available across the community in a choice of locations. The Vision Statement To build a city where everyone can live in homes that provide a safe, stable, adequate and affordable environment from which to participate in, and contribute to, the growth and development of stable neighbourhoods in our community. Mission The City of Saskatoon will actively and creatively work with housing providers, community organizations, business, and all orders of government and other stakeholders to support the market through incentives, good planning, and collaboration in creative initiatives, to increase the supply of affordable housing. The City will to focus on creating a permanent supply of affordable housing and related supports for people who are at risk of homelessness, have special needs, are transitioning toward independence, or are simply low to moderate income earners. Goals The following goals for the City of Saskatoon Housing Program were developed to address the key housing issues raised in the section The Housing Situation in Saskatoon (pages 2 - 5 of this report). On July 16, 2007, City Council established a target of 500 affordable dwelling units annually. The target requires a commitment from other sectors of the economy to contribute to the growing need for more affordable housing units. The City has entered into formal discussions with the following sectors to discuss ways and means to achieve the new housing target: ■ Government Supported Providers: 225 250 units • Financial Institutions: 75 100 units ■ Developers (inclusionary housing) 100 200 units ■ Investors (major condo conversions) 25. 50 units ■ Faith-based providers 50 100 units N In reaching towards the targets above, the following priorities are being recommended. Housing Business Plan - 2008 - City of Saskatoon October 2007 25 Increase Permanent Supply of Affordable Housing 1. Support the continued development of affordable, suitable housing by the market place in order to increase the available permanent stock for a variety of income levels and special needs. This goal is to be shared by other sectors of the community such as developers, financial institutions, investors, faith-based community and non-profit housing providers. Inclusive, Integrated Housing 2. Encourage the development of affordable housing in all areas of the city and in all new major residential infill and neighbourhood developments. Neighbourhood Revitalization 3. Utilize support from other levels of government to seize opportunities to redevelop brownfield sites into opportunities for more housing and revitalize existing neighbourhoods. Safe and Adequate Housing 4. Ensure that housing meets minimum standard living conditions in accordance with SCAN (Safe Communities and Neighbourhoods), and encourage the co 'IT improvement of housing stock, particularly in those areas of the city where overcrowding and deteriorating stock are an issue. Support the Need for Innovative Housing 5. Define housing parameters that provide adequate, safe and suitable housing conditions for various target groups, while still being affordable, and encourage innovation in housing. INDICATORS OF SUCCESS Goal - Increase Supply Indicators of success: 1. Achieve development of 500 new and renovated affordable housing units annually in Saskatoon. 2. The City's incentive plans and policies support and encourage increased affordability and supply of housing. Housing Business Plan - 2008 - City of Saskatoon October 2007 Goal - Inclusive. Integrated Housing Indicators of success: 26 1. Residents have more choice and control over where they live. 2. More location choices are available to housing providers in Saskatoon in a variety of neighbourhoods. Goal - Neighbourhood Redevelopment Indicators of success: 1. The City's housing policies support more neighbourhood revitalization activities. 2. Infill development opportunities, brownfield development and reduction of vacant, underutilized land. Goal - Safe and Adequate Housing Indicators of success: 1. Sufficient affordable housing is available to accommodate all levels of income. 2. Condition of housing is safe and sufficient to live in. 3. The City's policies and programs encourage improvement in availability of safe ~ and adequate housing stock. Goal - More Innovative Housinq Indicators of success: 1. Residents have housing that fully meets their needs. 2. Partnerships with various orders of government and community based organizations result in concrete actions to increase housing for target groups identified in the Community Plan for Homelessness and Housing. Housing Business Plan - 2008 - City of Saskatoon October 2007 APPENDIX "C" Summary of Recommendations contained in Saskatoon Housing Business Plan 27 New First Home Ownership Program (page 9) Recommendation a): that the Land Manager be instructed to implement the First Home Ownership Program and identify suitable locations for this type of housing in new City-owned neighbourhoods, including Willowgrove, Hampton Village and Blairmore Suburban Centre. Recommendation b): that the Land Manager coordinate the design and implementation of an RFP process for the disposition of land under the First Home Ownership Program. Recommendation c): that the Administration consult with the private development industry towards a voluntary approach to implement the First Home Ownership Program in all privately-owned neighbourhoods. LO New Zoninq District (page 10) Recommendation: That the General Manager of Community Services be instructed to commence the process to create a new zoning district designed specifically for entry- level and affordable housing to be applied within new and existing neighbourhoods. Development Bonuses (page 11) Recommendation: that the General Manager of Community Services Department be instructed to proceed with formal consultations with housing providers and land developers towards implementing a bonus provision in the zoning bylaw for inclusionary affordable housing developments, and report back in due course. Permanent Affordable Housing (page 11) Recommendation: that the General Manager of Community Services Department be instructed to proceed with formal consultations and report back on the feasibility of implementing PAH by June 2008. Disposable City-owned Land (page 13) Recommendation: that the General Manager of Community Services Department be instructed to proceed with initiative to offer Disposable City-owned land to affordable housing providers, on a timely basis, through the Saskatoon Housing Initiatives Partnership. Priority Review for Affordable Housing (page 13) Recommendation: that the General Manager of Community Services Department be Housing Business Plan - 2008 - City of Saskatoon October 2007 28 authorized to implement the Priority Review Process for Affordable Housing building, development and plumbing permit applications. Review of Granny. Garage & Carriage Suites (page 14) Recommendation: that the General Manager of Community Services Department be instructed to investigate the feasibility of permitting the construction of Granny, Garage, and Carriage Suites during the upcoming review of the City Development Plan and Zoning Bylaw (Capital Project No. 2167). Incentives for Secondary Suites (page 15) Recommendation: that the General Manager of Community Services Department be authorized to implement a permit fee rebate for construction or renovation to provide Secondary Suites utilizing funds from the Plan Review and Inspection Stability Reserve. Five Year Tax Abatement (page 16) Recommendation: that the Innovative Housing Incentive Policy (Council Policy C09- 002) is amended to provide a Five year Tax Abatement for all rental and co-op affordable housing developments provided by a non-profit housing developer and supported by a ten year business plan for such developments. Q0 Support for Housing Business Plans (page 17) Recommendation: that the General Manager of Community Services Department be instructed to report back on a proposal to provide core funding for an affordable housing resource within the Saskatoon Housing Initiatives Partnership, or similar non-profit organization. July 21, 2008 Dear Mayor and Council: Issue: Economic Development Model for the City of Saint John. Data: • It appears that the other municipalities in New Brunswick are approaching the issue of economic development with different models. • The City of Moncton has within its structure three dedicated economic development staff. • The City of Dieppe have seven dedicated' staff. • The City of Fredericton have two dedicated staff within its "Team Fredericton" Approach. • Common Amongst the models are actions (a) maximize public/private relationships with other individuals and groups persuin8 economic development (b) wide development requests and projects through municipal approval process (c) plan, organize and execute municipal initiatives in its efforts to identify economic development opportunities (d) provides guidance to business in navigating City hall departments (e) manage relationships with all stakeholders at local, provincial and national levels Motion: That the City Manager consider whether a dedicated economic development resource similar to those noted above or others would be advantageous to the City of Saint John in light of the current level of economic growth taking place within the city. A report back to Council regarding his findings is requested in two months. Sincere urs Peter Mc uire Councillor lA S~l The City ott Saint John H July 17, 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: Subject: South-Central/Uptown development Land-use Plan A couple of years ago Uptown Saint John Inc. and the City of Saint John initiated a process to develop an uptown/south- central community land-use plan. This initiative involved representatives from various interest groups and stakeholders on the southern peninsula such as: • The Port Authority • Waterfront Development Partnership • The Village • Heritage activists • Preservation Review Board The meetings that were held, as I understand it, were very productive and a good attempt to produce a current development plan for this part of our city. This process, however, was discontinued. Many who have an invested interest in the Uptown/Southern peninsula feel it would be helpful for the City of Saint John to initiate and facilitate further discussions and planning. Motion: I propose that appropriate city staff arrange a meeting with community stakeholders in order to facilitate the development of a current south-central/uptown development land-use plan. Respectively Submitted, Source verified Councillor Snook J SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 wvwrsaintjohn.ca V C.P. 1971 Saint John, N.-B. Canada E2L 4L1 148 REPORT TO COMMON COUNCIL July 21, 2008 M&C- 2008-205 „ ,.,,'c His Worship Mayor Ivan Court and Members of Common Council City of Saint John Your Worship and Councillors: RE: Public Engagement Policy BACKGROUND In February, 2008 Common Council referred a letter from then Deputy Mayor Hooton requesting staff to report back with recommendations regarding a public consultation process. More recently at the June 23 meeting of Common Council a letter from Councillor McGuire requesting a general policy around public engagement was referred to staff. In addition, at the June 9 meeting of Common Council a letter from Councillor McGuire ~ requesting development of sustainable neighbourhood plans for Lorneville and Westville Road Area was referred to staff. In discussing the issue of neighbourhood plans with Councillor McGuire it appears that the immediate issue is to be able to identify key projects of interest to these neighbourhoods and then ensure that the projects are properly considered during the City's annual budget process. This is another aspect of public engagement and as such will be addressed in this report. The purpose of this report is to provide some general information relative to public engagement and to recommend some steps that could be taken in developing a public engagement policy for the City. Concurrent with development of the policy actions are being recommended to start the process of identifying community/neighbourhood projects for consideration by the City. ANALYSIS What is public engagement? Over the past several years there has been an increased level of interest in improving citizen engagement at all levels of government on a global scale. The interest stems from recognition of the limits of representative democracy and the increasing complexity of issues that governments are trying to address. Public engagement is premised on the belief that people should have and want to have a say in decisions that affect their lives. By inviting the public to be involved in decision- making governments can reconnect with their citizens and as a result better understand their needs, priorities and values. Decision-making is better informed as a result of the diversity of views that can be gained through engagement of the public. The Canadian Policy Research Networks (CPRN) recently produced a comprehensive document on Citizen Engagement. The Table below is taken from this report. As will be noted citizen engagement goes well beyond simply informing the public with regards to actions being taken. It is a move towards empowering the public by involving them in the decision-making process. Public Participation Spectrum Inform Consult Involve Collaborate Empower Public Participation Goal To provide the public To obtain public To work directly To partner with the To place final with balanced and feedback on analysis, with the public public in each aspect decision-making in objective information alternatives and/or throughout the of the decision the hands of the to assist them in decisions process to ensure including the public understanding the that the public development of problem, alternatives concerns and alternatives and the and opportunities aspirations are identification of the and/or solutions consistently preferred solution understood and considered Promise to the Public We will keep you We will keep you We will work with We will look to you We will implement informed informed, listen to you to ensure that for direct advice and what you decide and acknowledge your concerns and innovation in concerns and aspirations are formulating solutions aspirations, and directly reflected in and incorporate your provide feedback on the alternatives advice and how public input developed and recommendations influenced the provide feedback into the decisions to decision on how public the maximum extent input influenced possible the decision lncreasina level of public impact Source: International Association for Public Participation. Wry a 2.or O LO 1 Handbook on Citizen Engagement: Beyond Consultation, Canadian Policy Research Netwoks, March 2008. In May of this year the Province of New Brunswick also released a report on Public Engagement2. One of the interesting points made in this document is that there is a need to carefully identify when the public is to be consulted versus when they are to be engaged. It highlights three areas where broader engagement should be considered: - aligning various groups behind a common goal - changing public attitudes and behaviours - making important choices about the future The report also discusses a changing role for government. It notes: government officials must be prepared to convene, facilitate, enable and partner with various groups and interests within a community to find consensus regarding societal goals and the accompanying public policies and programs." (p.l 1) At the same time that governments consider this new role however there is still an expectation that they will exercise their decision-making responsibilities in advancing the public interest. Public engagement should not become a means of abdicating this decision-making responsibility; rather it is a tool to help ensure that Council's decisions are well informed. Saint John Experience Over the past few years the City has been involved in a wide array of public consultation/engagement initiatives. Some of these include: Community Vision, Ward Plebiscite, North of Union Project, Town Hall meetings, Reversing Falls Re-design, Simms Corner realignment, Harbourview Subdivision Water consultations and Red Head soil erosion. In addition on an on-going basis the public has the opportunity to provide input at the Planning Advisory Committee and Council with regards to a wide variety of planning and land-use issues. There are many challenges in engaging the public not the least of which is generating interest amongst citizens to contribute to the process. Our experience over the past few years has shown that unless there is a particular burning issue being faced by individuals it is very difficult to get people to contribute to an engagement process. It should be noted that small numbers however do not negate the validity of the process. Public engagement is not a scientific process so success cannot simply be measured based on the number of people who are involved. Another major concern with engaging the public is ensuring that the process used results in a set of actions that can be meaningfully followed up on. In the past we have held meetings that result in an extensive list of concerns, with expectations raised that the City will be able to take action on all items. With limited resources and diverse community needs this simply isn't possible. The other issue here is that the City should not be placed lO 2 It's More Than Talk: Listen, Learn and Act A New Model for Public Engagement, April 2008 in the sole responsibility for follow-up action. Properly structured public engagement processes would result in identification of a number of individuals/groups coming forward to take action on various items. As noted earlier in the report from the Province, the City should be playing a facilitative role in this process and not assuming full responsibility for follow-up on all items of concern. One other consideration is the impact of neighbourhood associations and Wards. Over the past few years we have seen an increase in the number of neighbourhoods that have formed associations in various forms. In addition the introduction of the Ward System brings with it the opportunity for different interaction with residents of these areas. The letter from Councillor McGuire regarding Lorneville and Westfield Road is an early example of the types of requests that Council can expect. Finally, the City needs to consider how it gets input from various demographic segments within our community. For example youth, seniors, immigrants and special needs populations all require careful consideration as to how best they can be engaged. Policy Considerations Saint John Common Council will be best served by a well-designed public engagement policy that reflects the thoughts, values, and priorities of the people of Saint John. One way to achieve this is to involve citizens in the development of the policy. This has several advantages. Citizen participation from the outset of the process will help to N increase the public's sense of responsibility and understanding for the complex issue of public engagement. Secondly, citizen involvement will be an important tool to clarify community needs and preferences for public engagement. This information will guide and inform the City of Saint John's engagement policy. Involving citizens in the development of a public engagement policy is not a new concept. The City of Calgary's Engage Policy was developed with input from more than four hundred stakeholders through a Citizen Engagement Project. In 2006, the Town of Cochrane adopted a public engagement policy that was developed by a Citizen Consultation/Communication Working Group. The City of Edmonton's Public Involvement Framework notes that the design of the process and methods for all public consultation plans will involve collaboration with stakeholder groups. There are many factors which will impact the ability to engage the public in any particular circumstance; there is no one-size-fits all solution that can be embodied in a policy statement. There are however certain principles that could be incorporated into a policy that would act as a guide for the engagement process. As an example the following principles for effective consultation have been adapted from a report on Public Engagement produced in England3. 3 Carson 1999, UK Cabinet Office 2000 and UK Local Government Association 2000. 1. Make it timely Participation should not be so late in the life of an issue that it is tokenistic, or merely confirms decisions already made. The timing should occur when citizens have the best chance of influencing outcomes. Give people enough time to express their views. 2. Make it inclusive Participants should be selected in a way that is not open to manipulation, and should include a cross-section of the population - as individuals and as groups. Random selection offers the best chance of achieving this. 3. Make it community-focussed Ask participants not what they want personally or what is in their self interest, but what they consider appropriate in their role as citizens. 4. Make it interactive and deliberative Avoid reducing questions to a simplistic either/or response. Allow consideration of the big picture, so people can really become engaged. 5. Make it effective Although decision-making can strive for consensus, complete agreement need not be the outcome. Be clear on how the decisions will be made so that participants know and understand the impact of their involvement. Make sure all participants CO have time to become well-informed about and to understand material they are unlikely to have a prior familiarity with. 6. Make it matter It is important that there is a strong likelihood that any recommendations which emerge from the consultative process will be adopted. If they are not, it is important that a public explanation is provided. Faith in the process is important by both the power holders and the participants. 7. Make it well-facilitated It is important that all participants control the agenda and content because this will give the process more credibility. An independent, skilled and flexible facilitator with no vested interest is essential in order to achieve this. 8. Make it open, fair and subject to evaluation The consultation method should be appropriate to the target group. Evaluation questions should be formulated in advance. Decide how the `success' of the consultation will be measured. Include factors beyond the adoption of recommendations. Feedback to the community after consultation is over is essential. 9. Make it cost effective It is difficult to measure community satisfaction, or savings in costly litigation that could arise in the absence of consultation and participation. However, factors can be considered including how many and which types of community members should be consulted on a given issue. Some questions will require broader consultation, others more targeted consultation. Costs will vary and are adaptable, but the process selected must be properly resourced. 10. Make it flexible A variety of consultation mechanisms exist. Choose the one which best suits the circumstances. Try a variety of mechanisms over time. Think how to reach all your users, including those with special needs (e.g. language, disabilities, the elderly, the young). Different communities and different questions will produce better responses with different forms of consultation. Mix qualitative and quantitative research methods. Before proceeding with development of a Public Engagement Policy it would be advisable to test these principles with the public and also to seek input with regards to the expectations that citizens have with regards to on-going engagement. Action Plan 'IT As a first step in seeking input on a Public Engagement Policy a series of meetings could `O be held this Fall. These meetings would provide an opportunity to possibly seek input on other items including: Neighbourhood Issues, Council Priorities, Integrated Community Sustainability Plan and City Budget. One possibility would be to hold meetings in each Ward. The meetings would be hosted by the Ward Councillors and staff could prepare a template Agenda and materials for these meetings so that we get the input we need. In addition we could make the information available on our website so that people could provide comments. To address Councillor McGuire's letter it is suggested that at least one of these meetings be specifically targeted for the Lorneville and Westfield Road Areas. Following these meeting staff will consolidate the input received and report to Common Council on next steps. RECOMMENDATION That staff be authorized to proceed with the design of a series of Ward meetings to be held this Fall to seek public input on principles to be incorporated into a Public Engagement Policy as well as other matters of concern to area residents. Respectfully submitted, An ew' P. Beckett Deputy City Manager LO LO Terry L. Totten F.C.A. City Manager R7 T M & C - 2008- 210 July 21, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Common Council: SUBJECT: Integrated Community Sustainability Plan BACKGROUND 111_...:.i~. N_ ffl, in March of this year Common Council awarded a contract to Dillon Consulting Limited for development of an Integrated Community Sustainability Plan (ICSP) for the City. This document is a key foundational policy piece in the City's long- term planning framework. The purpose of this report is to provide a brief update as to the progress being made in developing the ICSP. ANALYSIS Significant progress has been made to date in developing the ICSP. Attached is a slide presentation that provides details on the work that has been done. The Plan development has been greatly assisted by the active involvement of both an external and internal stakeholder group. The members of these groups have provided excellent input and ideas on all aspects of the Plan. On August 14, 2008 the City will be holding a one day working session to finalize the targets, indicators and actions associated with the ICSP. Following this the Plan will be finalized in preparation for a presentation to Council by the end of September. 156 A draft of the ICSP will be forwarded to Common Council prior to the priority setting session scheduled for September 12 & 13. RECOMMENDATION It is recommended that this report be received and filed. Respectfully submitted, Andrew P. Beckett C.A. Deputy City Manager Programs & Priorities Terry L. Totten F.C.A. 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C~ . c: E m 0 ti - I~~" 4 Illlllllno~~,.. niiii4UJ.~,,.~rrrrrrffffff M&C #2008-207 July 17, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council: SUBJECT: INTERNET ACCEPTABLE USE POLICY C As Council is aware, the City of Saint John, not unlike many other progressive organizations is becoming increasingly dependent on the availability of technology. Almost every city employee and elected official has access to what the attached policy refers to as "Internet Resources and City Assets. " Given the level of investment in all for-ins of such technology and the access that is provided, staff is recommending that the attached policy be approved to add clarity and direction with respect to the acceptable use of such technology. R.EcomMENDATION: That Common Council give approval to the attached "Internet, Asset and Electronic Mail Acceptable Use Policy of the City of Saint John. " 7tftd777~~ Te L. Totten, FCA C MANAGER ti Attachment r± Internet, Asset and Electronic Mail Acceptable Use Policy of The City of Saint John Purpose The goals of this policy (the "Policy") are to outline appropriate and inappropriate uses of The City of Saint John's (the "City") Internet resources, including, but not limited to, the use of browsers, electronic mail, file uploads and downloads (collectively the "Internet Resources") as well as any and all physical assets/ equipment owned by the City that may be assigned to an individual and used to access the Internet and/or electronic mail (lap-top computers, desk-top computers, portable internet devices, etc.) (collectively the "City's Assets"). The terms and conditions of the Policy require strict adherence. Any infraction thereof may result in disciplinary sanctions up to and including dismissal as well as other legal actions and consequences. The Policy strives to be comprehensive as it relates to Internet Resources and the City's Assets; however, it does not address every contingency or possible event/violation. Insofar as the Policy does not address a particular contingency or event, the appropriateness of the use of the Internet Resources or the City's Assets is to be measured and evaluated against the general criteria outlined in the Policy. Your Account Internet Resources at the City are controlled through the creation and assignment of individual accounts and passwords. In creating such an individual account, the individual selects a confidential password that is not to be disclosed to or otherwise shared with other employees of the City or other individuals or third party organizations more generally. Each user of Internet Resources or the City's Assets is required to read the Policy and sign the within Use Agreement prior to receiving an Internet access account and password or being assigned one of the City's Assets. Internet Resources are most often accessed and used through the City's Assets; however, this Policy extends to the use of Internet Resources without the use of City Assets. It also applies to using the City's Assets to access the Internet without using the Internet Resources (for example, accessing the Internet via home or hotel Internet services using one of the City's Assets). Page 1 Y I ~^3.. The Policy establishes the standards to which the use of the Internet Resources and the City's Assets is to be held; however, from time to time it may be necessary for specific departments to deviate from the Policy to address legitimate operational requirements unique to that department. In all circumstances, the manager in charge of each department (hereinafter the "Departmental Manager") is responsible for the following: 1. In conjunction with the Manager of Information Technology, the Departmental Manager shall ensure that the expectations set out in the Policy are conveyed to all employees in his or her department and that the most current version of the Policy is posted in an area of his or her Department where it is readily accessible to all employees. 2. Should the Departmental Manager deviate from the Policy for the purpose of addressing legitimate operational requirements unique to his or her department, he or she shall convey to all employees in his or her department, in writing, the extent to which the Policy has been varied to address such legitimate operational requirements. A ro riate Use M ti Individuals at the City are encouraged to use Internet Resources and the City's Assets to further the goals and objectives of City. The types of activities that are encouraged include, but are not limited to: Communicating with fellow City employees, business partners of the City, clients of the City and other third parties within the scope of an individual's assigned duties and responsibilities; 2. Acquiring or sharing information that is necessary for, or related to, the performance of an individual's assigned responsibilities; and 3. Participating in educational and/or professional development activities. Inappropriate Use Individual use of the Internet Resources shall not interfere with others' productive use of Internet Resources. Individuals shall not violate the network policies of any network accessed through their account. The use of Internet Resources and the Page 2 City's Assets shall comply with all Federal and Provincial laws, all policies, business practices and administrative procedures of the City, the City's Mission Statement and all contracts between the City and third parties. This includes, but is not limited to, the following: 1. Internet Resources may not be used for illegal or unlawful purposes, including, but not limited to, copyright infringement, obscenity (including the hosting, dissemination or viewing of pornographic, violent or hateful images in any form), libel, slander, fraud, defamation, plagiarism, harassment, intimidation or threats, forgery, impersonation, on-line gambling or gaming, soliciting for illegal pyramid schemes, invasion of privacy, and computer tampering (including the spreading of computer viruses, activities commonly known as "hacking" or the illegal downloading or "pirating" of proprietary software, information or programming). 2. Individuals should limit their personal use of Internet Resources and the City's Assets. The City allows limited personal use of Internet Resources and the City's Assets for communication with family and friends, independent learning, and public service; however, this constitutes a revocable privilege, not a right. The City, however, strictly prohibits the use of Internet Resources and the City's Assets for mass unsolicited electronic mailings, access to Internet Resources or the City's Assets by individuals who are not employees of the City or the use of Internet Resources for the purpose of uploading and/or downloading files for personal use, accessing pornographic or other objectionable sites, gaming, competitive commercial activity unless pre-approved by the Departmental Manager, the dissemination of chain letters and participation in any peer-to-peer network, unless approved by the Manager of Information Technology. 3. Individuals may not view, copy, alter, or destroy data, software, documentation, or data communications belonging to the City or any other individual without prior authorization or permission. In addition, individuals may only access those files and materials on the City's network to the extent necessary to carry out the performance of their assigned duties and responsibilities. 4. In the interest of maintaining network performance, users should not send unreasonably large electronic mail attachments or video files that are not needed for business purposes. Page 11 T Security For security purposes, users may not share account or password information with another person. City Internet accounts, Internet Resources and the City's Assets are to be used only by the assigned user of the accountlasset for the purposes authorized in the Policy. Attempts to obtain another user's account password are strictly prohibited. Any user of a City Internet account who has reason to believe that an unauthorized person has learned his or her password is under a positive obligation to immediately contact the service desk to obtain a new password. Users shall take all necessary precautions to prevent unauthorized access to Internet Resources or the City's Assets. Failure to Comply Violations of the Policy will be treated like other allegations of wrongdoing at the City. Allegations of misconduct by misuse of the Internet Resources or the City's Assets will be adjudicated according to established disciplinary policies and procedures. Sanctions for inappropriate use of Internet Resources or the City's Assets may include, but are not limited to, one or more of the following: ti Temporary or permanent revocation of access to some or all Internet Resources and/or the City's Assets; 2. Disciplinary action in accordance with established disciplinary policies and procedures up to and including dismissal; and/or 3. Legal action in accordance with applicable laws and contractual agreements. Monitoring and Filtering The City may monitor any use of Internet Resources or the City's Assets. The City currently uses filtering software to limit access to identified sites on the Internet (including web-based electronic mail accounts, Facebook and other online networking forums, and several generically identified websites containing objectionable or inappropriate materials). This filtering software is not designed to, nor can it be expected to, limit access to all objectionable or inappropriate materials on the Internet and the failure of such filtering software to block access Page 4 to such materials in a particular instance is not an answer to the sanctions contemplated in the Policy. If the City discovers activities or has reason to suspect activities which do not comply with the applicable law, or policies, business practices or administrative procedures of the City, records respecting the use of Internet Resources and the City's Assets may be retrieved without prior notification to the individual involved for the purpose of establishing and documenting inappropriate use of Internet Resources or the City's Assets. Should activities or suspected activities trigger an investigation, the individual that is the subject of such investigation is obligated to cooperate with any such investigation and may be subject to additional disciplinary or legal consequences should such investigation reveal that positive steps were taken by the individual under investigation to frustrate or otherwise interfere with the integrity of the investigative process (by, for example, altering or deleting data that is material to the investigation and that would implicate an individual respecting her or his inappropriate use of Internet Resources or the City's Assets). Disclaimer The City assumes no liability for any direct or indirect damages arising from the user's connection to and use of Internet Resources or the use of the City's Assets and, in particular, assumes no liability for any direct or indirect damages suffered by a user arising from his or her personal use of the Internet Resources or the City's Assets. The City is not responsible for the accuracy of information found on the Internet and only facilitates the accessing and dissemination of information through its systems. Individuals are solely responsible for verifying the accuracy and currency of any and all material that they access, use and disseminate through the Internet. We encourage individuals to use the Internet Resources and the City's Assets responsibly. Should you have any questions regarding the Policy, contact the City's Manager of Information Technology. Internet, Asset and Electronic Mail Acceptable Use Policy User Aareement I hereby acknowledge that I have read and understand the Policy, having signified such reading and understanding of the Policy by initialing the bottom right hand corner of each page thereof and signing below. I hereby agree to abide by the Policy and, to the extent possible, to ensure that individuals working under my supervision conduct their use of Internet Resources and the City's Q0 ti Page 5 Assets in a manner consistent with the Policy. I understand that if I violate the Policy, I may face disciplinary action up to and including dismissal or other legal action. I recognize that the law and associated policy regarding the acceptable use of the Internet and electronic mail are continually evolving. Therefore, l understand that my regular review of the Policy is required to ensure that I am apprised of any changes thereto. I hereby agree to indemnify and hold the City and its officers, trustees, employees, and agents harmless for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to my own inappropriate or unauthorized use of Internet Resources or the City's Assets, including reasonable legal fees. Such claims shall include, without limitation, those based on trademark or service mark infringement, trade name infringement, copyright infringement, unfair competition, defamation, unlawful discrimination or harassment, and invasion of privacy. Name of User (printed): Signature of User: Name of Witness (printed): Signature of Witness: Date: Note: To be included in employee's Human Resources personnel file ti ti Page 6 REPORT TO COMMON COUNCIL M & C - 2008-211 18 July 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Shamrock Tennis Courts Reconstruction BACKGROUND: } City of sent John Tenders closed Wednesday July 16"' 2008 for the supply of all necessary labour, materials, equipment, etc, etc for the replacement of and addition to the existing tennis courts at Shamrock Park. This project, when awarded, will see the repair and resurface of (7) existing courts along with the addition of (1) more court, repairs to the chain link fence, installation of (7) new nets and posts and the supply and installation of (1) addition set of nets and posts. ANALYSIS: Three companies opted to respond to the City's call for public tenders by submitting bids. The following is a list of the bidders with the prices each has offered; Debly Enterprises Ltd $284,700.00 Classic Constriction Ltd $447,970.00 LaFarge Canada Inc $562,005.50 Staffs of Materials and Fleet Management and Leisure Services were in the process of reviewing the tenders received when we learned that the price submitted by the lowest bidder was incomplete. 178 Page Two ANALYSIS... Cont' d; The tender requires that bidders submit a complete price for this project including a predetermined amount, $45,000.00, for contingencies. This is required so that the award of this tender will be pre-approved for any unforeseen additional work, not included in the specifications, up to the amount of the contingency. Upon review with the City's Legal Department staff was advised that we could impose section 2.18, paragraph (c) of the tender document and the Procurement Policy for Constriction Contracts, which covers this eventuality and allows the City to add the amount of the contingency allowance to the bidders quoted price during the evaluation process. Staff has found therefore that the tender of the low bidder is complete in every regard. FINANCIAL IMPLICATIONS: The tennis courts are an integral component of the overall program to address the utilization, improvement and maintenance of the Shamrock Ground Facilities and as such an estimated cost of $375,000.00 for this portion of the overall project is included in the 2008 Capital Budget. The total cost for the upgrade, repair and additions to the tennis courts at Shamrock Park, if awarded as recommended will be $329,700.00, including the addition of the contingency allowance. RECOMMENDATION: It is recommended that the tender submitted by Debly Enterprises Ltd, in the amount of $329,700.00, including contingency allowance, for the supply of all necessary labour, materials, equipment and supplies required to upgrade, repair and expand the tennis courts located at Shamrock Park, in accordance with the requirements of the tender, be accepted. Respectfully submitted, David J. Logan Purchasing Agent T.L. Totten, FCA City Manager 179 OPEN SESSION M & C 2008 - 203 July 16, 2008 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT Supply and Installation of New Lighting System for Millidgeville Sportsfield (Soccer/Football) BACKGROUND At a meeting of Common Council held on June 9, 2008, the following resolution was adopted: "RESOLVED that as recommended by the City Manager: Common Council approve the request from School District 8 to assist in funding the lighting of the fields at Millidgeville North School; and 2. The $270,000 of the Building and Inspection Services capital budget be redirected to this request; and 3. As a condition of this funding the field is made available for general community use as agreed to by Leisure Services and School District 8." As a result of the above resolution, a call for proposals for a new lighting system was issued recently and closed on Thursday, July 3, 2008. There were two respondents to the Request for Proposal (RFP). Both 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, Province of New Brunswick, Saint John Energy and representatives from Musco. If installed, the 180 M & C 2008 - 203 -2- July 16, 2008 Millidgeville Sportsfield will be the first soccer/football field in the Saint John area to have a state of the art lighting system. 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 (labor 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 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 60 to 70 feet high. The lighting system is designed specifically to the requirements and lay out of the Millidgeville Sportsfield (Soccer/Football). 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. Both companies are capable to perform the work. Staff are recommending acceptance of the low tender, Roadway System Ltd. The amount of the tender including the 25 year warranty is $268,300.00 plus HST. Funds are available in the 2008 budget for this project. RECOMMENDATION Your City Manager recommends that Council approve the submission of Roadway System Ltd. for the supply and installation of the new lighting system for the Millidgeville Sportsfield in the amount of $268,300.00 plus HST. Respectfidly submitted, ~Vz1v__ Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA City Manager 181 Ir"XI M&C-2008-208 June 21, 2008 - s His Worship Mayor Ivan Court. And Members of Common Council: SUBJECT: Proposed Skate Board Park Final Authorizations-UPDATE BACKGROUND: At the meeting of Common Council on July 07, 2008, Council adopted a resolution to authorize the Mayor and Common Clerk to sign all necessary documents to obtain the various permissions required to build a skate park under the Main Street Overpass,. notwithstanding that the City is the owner of the lands beneath the Viaduct. This report is an update on the project and what needs to be done to allow for an immediate start-up of the project. ANALYSIS: At the time that the above captioned resolution was adopted, the early access agreements from Canadian National Railways and Maritime & Northeast Pipeline were not available for attachment to the Report to Common Council dated July 07, 2008. The contractor has informed staff that unless they can start-up the project by Monday 21 July, 2008, they will be unable to complete the skate park this year. The City Solicitor's office advises that these two agreements need to be brought back to Council for consideration and approval. The required consents from Canadian National Railways and Maritime & Northeast Pipelines are hereto attached for Council's consideration. The recommendation contained in this report will seep Council's approval to; 1) accept these consents, thereby allowing an immediate start-up of the project, and 182 2) authorize the appropriate signing authorities to execute the formal documentation from Canadian National Railways and Maritime & Northeast Pipeline when they have been received, RECOMMENDATION: It is recommended that: 1. Council accept the conditions as set out in the attached consents from Canadian National. Railways and Maritime & Northeast Pipeline; and that 2. Council authorize the Mayor and Common Clerk to sign the attached consents signifying acceptance of the conditions set out by {Canadian National Railways and Maritime & Northeast Pipeline. Respectfully submitted, le) ~W'c PW/p Attachments 183 M & C 2008 - 206 lei w, I a~ July 16, 2008 Th, Ut; U i-11n, His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: CONTRACT NO. 2008-30: FRANCIS STREET - DRAINAGE IMPROVEMENTS BACKGROUND This Contract consists of a project that is approved in the 2008 General Fund Capital Program as follows: I. Install approximately 100 m of 300 mm and 375 mm storm sewer to address ongoing drainage problems in the area. TENDER RESULTS Tenders closed on July 8, 2008 with the following results: 1) H. E. Merchant and Sons Ltd., St. George, NB $106,196.27 2) Debly Enterprises Ltd., Saint John, NB $112,014.64 3) Fairville Constriction Ltd., Saint John, NB $123,290.91 4) Galbraith Constriction Ltd., Saint John, NB $133,933.25 5) Maguire Excavating Ltd., Saint John, NB $140,985.58 6) L. Halpin Excavating Limited, Saint John, NB $154,673.27 The Engineer's estimate for the work was $117,472.54 184 M & C 2008-206 July 16, 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 one capital project in the 2008 General Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by Others. The analysis concludes that a total amount of $105,000.00 was provided in the budget and the projected completion cost of the project is estimated to be $117,795.58, including the City's eligible HST rebate - a $12,795.58 negative difference in the 2008 General Fund Capital Program. The shortfall can be managed within the approved Capital Program budget envelopes utilizing surplus fiinds from other projects. POLICY - TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of constriction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2008-30: Francis Street - Drainage Improvements be awarded to the low tenderer, H. E. Merchant and Sons Ltd., at the tendered price of $106,196.27 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfidly submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner City Manager Municipal Operations & Engineering 185 o ~ M & C - 2008 - 212 July 18, 2008 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: Re: Engagement of Financial Expert Background: At the meeting of Common Council of June 9t", 2008 the following resolutions were adopted: Item 11.1 - "That Council engage the services of a financial expert to analyze the current grant system and provide options for a new tax system that recognizes growth prosperity a system that better serves not only the citizens of Saint John but all of the Cities of New Brunswick" and "The final report be presented to the Provincial Government task force that is currently analyzing the tax system and studying ways to reform". And Item 11.3 - "Council engage the services of a financial expert to analyze and to develop a realistic financial plan that would see the property tax rate reduced by a percentage of increase in the tax base and property tax assessment". Analysis: Based on the adoption of these resolutions as well as research being performed related to the presentation to Common Council on the financial situation of the City of Saint John, staff became aware of the existence of the Institute on Municipal Finance and Governance at the Munk Centre for International Studies and the University of Toronto. The Director of the Institute is Dr. Enid Slack who has done work for other municipalities on the issue of revenue and taxation. In February of 2008, the results of a review of the taxation structure for the Halifax Regional Municipality were released. The author of the review was Harry Kitchen, Professor Emeritus in the Department of Economics at Trent University in Peterborough, Ontario. . wJ, LA.y -Aim 1-s Ifl, 186 Report to Common Council Page 2 July M 2008 Staff contacted Dr. Slack about the possibility of undertaking a study that addresses the issues raised in the two motions adopted by Council. Dr. Slack's response is attached as Appendix 1. The project work would be performed by both Enid Slack and Harry Kitchen. While it was the direction of Council to engage the expertise required to complete the revenue and taxation reviews, it might be valuable to hold off on performing the review until the Jean-Guy Finn report on the Future of Local Governance has been released. At that time, a review of the report and its financial impact on the City of Saint John could be included as part of the project. Financial Implication: The proposed fee for completion of the project is $25,000 plus expenses and taxes. These funds have not been budgeted in the 2008 operating budget. Recommendation: Should Council deem it appropriate to proceed with the review at this time, it is recommended that the staff formalize an agreement reflecting the terms outlined in the submitted proposal and the Mayor and Common Clerk be authorized to the sign the agreement on behalf of the City of Saint John. Respectfully submitted, Terrence L. Totten, FCA City Manager Gregory J. Yeomans, CGA, MBA Commissioner of Finance 187 Appendix 1 June 24, 2008 Mr. Gregory J. Yeomans, CGA, MBA Commissioner of Finance/Treasurer City of Saint John Dear Mr. Yeomans In response to your request to provide a proposal to undertake a study that addresses the issues raised in the two letters from Councillor Titus to the Mayor and Council of the City of Saint John (dated May 27, 2008), we are pleased to set out the following study proposal. In this proposal, we itemize the issues that we could examine and evaluate and provide a proposed time frame and budget to complete the work. Issues to Evaluate We propose to address the following concerns around city finances in Saint John that were set out in the Councillor's letters: • over-reliance on property taxes; • favourable rate of property tax in local service districts; and • an unconditional grant system that is out-dated and unfair. The proposed study will provide a framework that is based on a set of public finance principles (for example, efficiency, equity, accountability, transparency, ease of administration etc.) to evaluate city revenues. In particular, these principles would be used to examine the following issues: • Residential and non-residential property tees: Are property taxes currently used to fiend the right bundle of city services? What is the role for a provincial property tax? What is the appropriate relationship between municipal property taxes and property taxes in the local service districts? Other local revenues: This discussion will include existing sources (user fees, licences, permits, fines and other charges), and possible new taxes that could be "piggybacked" onto current provincial taxes (fuel tax, personal income tax, motor vehicle registration charge, and others that may be identified as being important). When should these other taxes be used? What revenue yield might new taxes (those piggybacked onto the provincial tax) generate for the three largest cities in New Brunswick? 188 Unconditional grant program: What are the problems with the current grant program? What factors should be taken into account in designing a new unconditional grant? Proposed Time Frame and Budget We propose that we commence this project on August 1, 2008 and complete it by September 30, 2008. We estimate the cost of the project to be $25,000 plus GST. This cost is for professional fees and expenses (such as photocopying, telephone, etc.). If travel to Saint John is required, these costs would be in addition to the proposed budget. We hope that this proposal is consistent with what you require. We would be happy to discuss it with you at your earliest convenience. Yours sincerely, Enid Slack University of Toronto 2 Harry Kitchen Trent University 189 OPEN SESSION M & C 2008 200 July 17, 2008 His Worship Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT n l Proposed Minimum Property Standards By-law information for review A proposed Minimum Property Standards By-law will be before Council on August 5, 2008 for consideration of first and second reading. As per section 94(4) of the Municipalities Act, prior to Council considering a new by-law, the document must be made available to the public for their review. On July 18, 2008, a notice was posted on the City's website advising the public that the proposed by-law is available at the Common Clerk's office for their review. The notice will also be in the Saint John Telegraph Journal next week. BACKGROUND The package provided to Council includes the proposed Minimum Property Standards By-law, the current Minimum Property Standards By-law, the Provincial Code adopted by the By-law, the By-law with explanatory notes, and this report which provides background information about the proposed by-law and the legislative changes that lead to the by-law. At the August 5, 2008 meeting of Common Council, Council will be asked to consider the proposed Minimum Property Standards By-law and any public input that was received. A full presentation explaining the proposed changes in detail will be presented at that meeting. ANALYSIS 0 rn The Province of New Brunswick introduced changes to the Municipalities Act relating to unsightly premises, hazardous buildings and structures, and minimum property standards. M & C 2008 - 200 -2- July 17, 2008 In April 2007,. An Act to Amend the Municipalities Act came into effect, enhancing enforcement provisions to allow municipalities to deal with buildings and structures that are hazardous and/or unsightly, and dwellings and dwelling units that do not meet minimum property standards. As a result of the amendments, changes to both the City's Unsightly Premises and Dangerous Buildings By-law and revisions to the Minimum Property Standards By-law are necessary. On July 30, 2007, the updated Unsightly Premises and Dangerous Buildings By- law which adopts the necessary amended sections of the Municipalities Act was enacted by Common Council. Since that time, the new provisions in the By-law have enhanced the ability of the Building Inspector's office to address unsightly and hazardous buildings and structures. Recent successes include the demolitions of two dangerous buildings on Main Street earlier this winter, and the cleanup of an unsightly premises on Rothesay Road in April of this year. Actions and investigations are currently underway for several other properties that fall under enforcement of this by-law. Present Minimum Property Standards By-law Present Procedure The City's present Minimum Property Standards By-law was enacted on November 8, 1982, pursuant to the authority of section 94 of the Municipalities rn Act, R.S.N.B. 1973, Chapter M-22. The by-law adopts the Provincial code respecting standards for the maintenance and occupancy of residential properties, the Residential Properties Maintenance and Occupancy Code (RPMOC). It also includes additional standards for rooming houses, non-residential properties and administrative details about notices and orders to comply to the standards. If an owner did not maintain a residential property in accordance with the requirements of the by-law, an officer appointed by Council could serve a Notice to Comply to Standards on the owner, requiring that the property be brought up to standard within 60 days. If the owner was not satisfied with the terms, conditions or requirements of the notice, he had fourteen days from the date of service of the notice to request a review hearing, which is essentially an appeal hearing. During the hearing, the owner was given an opportunity to present his case and give evidence. The officer presiding over the hearing would then consider the evidence and issue an Order to Comply to Standards that included any necessary modifications. Compliance would then be required in less than 90 days, at which time another inspection would be carried out to determine if the property was brought up to standard. If the Order was not complied with, the City would begin court proceedings in Provincial Court. This is a lengthy and arduous process. A typical case, once a Notice to Comply to Standards was issued could take up to a year or more before a Provincial Court order was issued. M & C 2008 - 200 -3 - July 17, 2008 Legislative Amendments Regarding Minimum Property Standards New Procedures The amended section 94 of the Municipalities Act requires that a property standards by-law enacted pursuant to its authority must incorporate subsections 190.001(1) and 190.01(3) and sections 190.02 to 190.07 of the Municipalities Act into the by-law, with any necessary modifications. The amendments provide the municipality with more tools with which to enforce property standards. Offences Under the new legislation, it is now considered an offence for a property owner to be in noncompliance with the standards in the by-law, to not comply with a notice requiring compliance with the by-law and to refuse entry for inspections relating to property standards. Charges can be laid in provincial court for these offences and, upon summary conviction, significant fines starting at $1,000 may be imposed. Daily minimum fines of $210 to maximum of $5,120 may be imposed as well for every day the offence continues. Compliance Notices An officer appointed by a council may issue a compliance notice to the owner to bring a dwelling or dwelling unit into compliance with the by-law. In the event the notice is not obeyed within the time specified, the City may lay a charge in Provincial Court, issue a ticket, or proceed to carry out some or all of the rn necessary repairs at the owner's expense, or it may do a combination of these actions. If the City chooses to repair some or all of the violations, the City will be reimbursed by either the owner or the Province of New Brunswick. Appeals Under the amended legislation, a person who is served with a compliance notice has a right to appeal to a committee of council. The committee may, after holding a hearing, confirm, modify, or rescind the notice or extend the time for compliance. The decision of the committee may be appealed to a judge of the Court of Queen's Bench on grounds that the procedure was not followed or the decision is patently unreasonable. The judge may confirm, modify or rescind the whole or any part of the decision of the committee of council. POPA Tickets In addition to increased fines imposed by the courts, another tool available to municipalities is the issuance of tickets under the Provincial Offences Procedure Act (POPA). Tickets can be issued for the following offences: • Failure to comply with the standards set out in the by-law, • Failure to comply with a compliance notice relating to violations of the by-law, • Refusal to allow entry for inspections, in conjunction with an Entry Warrant and for refusal to allow entry for reasons of remedial work or for entry for emergency circumstances. M & C 2008 - 200 -4- July 17, 2008 Only those by-law enforcement officers who have been appointed under section 14 of the Police Act and designated by resolution may serve tickets with respect to the Minimum Property Standards By-law. Persons who have been served with a ticket are entitled to a trial in the Provincial Court should they contest the validity of the ticket. Tickets for prescribed offences, among other things, advise a defendant as to the alleged offence, that he is to appear in court at a specified time, that he may avoid going to court by paying a fixed penalty, and that he may be convicted if he does not pay the fixed penalty or appear in court. Paying the fixed penalty does not relieve the owner from carrying out the specified work. The amount of the fixed penalty has been set at $900 for offences committed by owners and $200 for offences committed by occupiers. The amount of the fixed penalty is determined by by-law and can therefore be modified if Council so chooses. Service New Brunswick (SNB) is the agency responsible for the production, distribution and tracking of all POPA tickets. Strict accountability rules govern the storage, issuance and tracking of these tickets and at this time, processes are being established for keeping tickets on-premise, for proper wording and recording of a POPA ticket and for determination of how a person will pay a fixed penalty of an issued POPA ticket. These processes are administrative and involve other departments internal and external to the organization. co rn Registering a Notice Under the new legislation, a municipality will now have the option of registering the notice that an officer serves on an owner or occupier. The purpose of this registration is to ensure that, in the event of a transfer of ownership of the property, the Notice will remain in place. Also, if an individual is considering purchasing the property in question, a title search will reveal any outstanding orders against the property in relation to the by-law. Authority to Remediate The new legislation authorizes the municipality to undertake remedial work to repair some or all of the outstanding violations of the by-law if an owner or occupier does not comply with a Notice to Comply. The municipality may remedy the condition rather than commencing proceedings in respect of the violation or in addition to doing so. The cost of the remediation is chargeable to the owner or occupier and becomes a debt due to the municipality. The Province can be requested to reimburse the municipality for its costs plus interest, after the municipality has exhausted all reasonable options to recover its costs without success. The Province can then recover the debts owing in the same manner as it collects property taxes. Amendments to Provisions of the Minimum Property Standards By-law The current by-law was enacted in 1982, and has not undergone any changes since that time. It became clear in the last number of years that significant changes and updates had to be made to the by-law as it currently exists to remove M & C 2008 200 -6- July 17, 2008 RECOMMENDATION The City Manager recommends that Common Council receive this information for their review prior to the August S, 2008 meeting of Council. Respectfully submitted, Wm. Edwards, P. Eng. Commissioner Buildings and Inspection Services Terrence Totten, CA diy Manager 'IT rn A BY-LAW RESPECTING STANDARDS FOR MAINTENANCE AND OCCUPANCY OF BUILDINGS AND PREMISES By-law Number M-14 The City of Saint John New Brunswick A / ARRETE RELATIF AUX NORMES D'ENTRETIEN ET D'OCCUPATION DES A BATIMENTS ET DES LIEUX Arrete numero M-14 The City of Saint John Nouveau-Brunswick 195 -2- Table of Contents Section Page 1 Title & Scope 4 2 Definitions 4 3 Adoption of Provincial Residential Properties Code 8 4 Appointment of Standards & Inspection Officers 9 5 General Duties & Obligations 9 6 Responsibilites of Occupants 10 7 Cooking Facilities 10 8 Plumbing 11 9 Toilet, Wash & Other Sanitary Facilities 11 10 Garbage, Storage & Disposal 11 11 Fire Protection Measures 12 12 Egress 13 13 Floors 14 14 Basements, Cellars & Unheated Crawl Spaces 14 15 Water Damage 14 16 Doors & Windows 15 17 Exterior Walls 15 18 Stairs, Porches & Landings 16 19 Handrails 16 20 Retaining Walls 17 21 Signs 17 22 Air Conditioners & Projections 17 Table des matieres Section Page 1 Titre et champ d'application 4 2 Definitions 4 3 Adoption du Code provincial d'entretien et d'occupation des residences 8 4 Nomination des agents des normes et des inspections 9 5 Fonctions et responsabilites generales 9 6 Responsabilite des occupants 10 7 Installation de cuisine 10 8 Installation de plomberie 11 9 Salles de toilette, salles de bain et autres installations sanitaires 11 10 Elimination des dechets 11 11 Mesures de protection-incendie 12 12 Issues 13 13 Planchers 14 14 Sous-sols, caves et vides sanitaires non chauffes 14 15 Degats causes par I'eau 14 16 Portes et fenetres 15 17 Murs exterieurs 15 18 Escaliers, porches et paliers 16 19 Mains courantes 16 20 Murs de soutenement 17 21 Panneaux 17 22 Climatiseurs et saillies 17 196 -3- 23 Issuance of Notice to Comply 18 24 Proof of Service 19 25 Admissible Evidence 20 26 Appeals 21 27 Registration of Notice to Comply 23 28 Offences 25 29 Ticketable Offences 28 30 Remedies 29 31 Emergency Situations 30 32 Measures Taken 31 33 Right of Entry 33 34 Certificate for Debt 35 35 Lien 36 36 Debt Due to Municipality 37 37 Repeal 41 23 Emission d'avis de conformite 18 24 Preuve de la notification 19 25 Admissible en preuve 20 26 Appels 21 27 Enregistrement d'avis de conformite 23 28 Infractions 25 29 Infractions pouvant faire I'objet d'une contravention 28 30 Recours 29 31 Situations d'urgence 30 32 Mesures prises 31 33 Droit de penetrer 33 34 Certificat de creance 35 35 Privilege 36 36 Creance d'une municipalite 37 37 Abrogation 41 197 -4- The Common Council of The City of Saint John, under authority vested in it by Section 94 of the Municipalities Act, R. S. N. B. 1973, c. M-22, and amendments thereto, enacts as follows: Le conseil communal de The City of Saint John, en vertu des pouvoirs que lui confbre I'article 94 de la Loi sur les municipalites, L.R.N.-B. 1973, chapitre M-22, ainsi que Ies modifications afferentes, edicte : 1 TITLE & SCOPE 1 TITRE ET CHAMP D'APPLICATION 1(1) This By-law may be cited as the 1(1) Le present arrete de The City of "Saint John Minimum Property Saint John peut titre cite sous le Standards By-law". titre Arrete sur les normes minimales regissant les residences. 1(2) This By-law outlines the minimum 1(2) Le present arrete, qui definit Ies standards of residential properties normes minimales regissant Ies within The City of Saint John and residences de The City of Saint has the following objectives: John, a pour objectifs : (a) to adopt and establish standards governing the condition, occupancy and maintenance of residential property; and a) d'adopter et de fixer des normes regissant 1'etat, l'occupation et 1'entretien des residences ; (b) to provide safeguards for the safety, health and welfare of the general public and of occupiers and users of residential property. b) de garantir la securite, la sante et le bien-titre du public ainsi que des occupants et usagers des residences. 1(3) The Saint John Building By-Law 1(3) L'Arrete sur les batiments de and the Zoning By-Law apply with Saint John et I'Arrete de zonage respect to any work which is to be sont valables pour tout travail qui carried out as a result of the sera effectue en application du enforcement of this By-law. present arrete. 2 DEFINITIONS 2(1) In this By-law: 2 DEFINITIONS 2(1) Les definitions qui suivent s'appliquent au present arrete : 198 -5- (a) "City' means The City of Saint John; (b) "Code" means the Residential Properties Maintenance and Occupancy Code Approved Regulation - Municipalities Act, New Brunswick Regulation 84- 86, under the Municipalities Act, and amendments thereto; (c) "Dwelling" means a building any part of which is used or is intended to be used for the purposes of human habitation, whether or not the building is in such state of disrepair so as to be unfit for such purpose; (d) "Dwelling unit' means one or more rooms located within a dwelling and used or intended to be used for human habitation by one or more persons; (e) "Exit' means that part of a means of egress, including doorways, that leads from the floor area it serves, to a separate building, an open public thoroughfare, or an exterior open space protected from fire exposure from the building and having access to an open public thoroughfare; a) « agent des inspections designe un agent des inspections nomme en vertu du present arrete et designe par resolution du conseil communal. (Inspection Officer) b) « agent des normes » designe un agent des normes nomme en vertu du present arrete ainsi qu'un agent charge de 1'execution des arretes municipaux nomme conformement a I'article 14 de la Loi sur la Police et designe par resolution du conseil communal. (Standards Officer) c) « avis de conformit& designe un avis emis par un agent des normes selon la formule visee par reglement en vertu de la Loi sur les municipalites. (Notice to Comply) d) « Code » designe Reglement portant approbation du code d'entretien et d'occupation des residences - Loi sur les municipalites, Reglement du Nouveau-Brunswick 84-86 ainsi que ses modifications afferentes. (Code) e) « Code national du batiment designe 1'edition et les parties actuelles les plus a jour du Code national du batiment du Canada adoptees par la province du Nouveau-Brunswick et le conseil communal de The City of Saint John. (National Building Code) 199 -6- "Flame Spread Rating" means an index or classification indicating the extent of spread- of-flame on the surface of a material or an assembly of materials as determined in a standard fire test as prescribed in the National Building Code of Canada; (g) "Guard' means a protective barrier around openings in floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways or other locations to prevent accidental falls from one level to another; (h) "Inspection Officer" means an inspection officer appointed under this By-law and designated by resolution of Common Council; (i) "Means of egress" means a continuous path of travel provided for the escape of persons from any point in a building or contained open space to a separate building, an open public thoroughfare, or an exterior open space protected from fire exposure from the building and having access to an open public thoroughfare; f) « garde-corps » designe une barriere de protection placee autour des ouvertures dans un plancher ou sur les cotes ouverts d'un escalier, d'un palier, d'un balcon, d'une mezzanine, d'une galerie ou d'un passage pieton sureleve ou a tout autre endroit afin de prevenir une chute accidentelle dans le vide. (Guard) g) « habitation » designe un batiment dont une partie sert ou est destinee a loger des personnes, que ce batiment soit ou non dans un etat de delabrement qui le rende inhabitable. (Dwelling) h) « indice de propagation de la flamme » designe un indice ou classification indiquant I'ampleur de la propagation de la flamme a la surface d'un materiau ou d'un ensemble de materiaux, determine selon 1'essai normalise de resistance au feu prescrit dans le Code national du batiment du Canada. (Flame Spread Rating) i) « ingenieur qualifie » designe un ingenieur agree aupres de I'Association des ingenieurs et des geoscientifiques du Nouveau-Brunswick (AIGNB) possedant des competences reconnues dans le domaine dont it est question. (Qualified engineer) 200 -7- "National Building Code" means that current, most updated edition and parts of the National Building Code of Canada adopted by the Province of New Brunswick and the Common Council of The City of Saint John; (k) "Notice to Comply' means a notice in the form prescribed by Regulation under the Municipalities Act issued by a Standards Officer; (l) "Occupies' means a person who is leasing a dwelling or dwelling unit from another person; (m) "Owner" means any person entitled to any freehold or other estate or interest in land, at law or in equity, in possession, or in futurity or expectancy, such as a mortgagee, mortgagor, lessee under lease, tenant, occupant, licencee, permittee or any other person having care, control, domain and management over the premises or who receives any rent or pays municipal taxes in respect thereof; (n) "Premise" means land with all its appurtenances and structures thereon; j) « issue » designe la partie d'un moyen d'evacuation, y compris les portes, qui conduit de I'aire de plancher qu'il dessert a un batiment distinct, a une vole de circulation publique ou a un endroit exterieur a decouvert non expose au feu provenant du batiment et ayant un acces a une vole de circulation publique. (Exit) k) « lieux 11" designe un terrain avec toutes ses dependances et structures y afferentes. (Premise) l) « logement » designe une ou plusieurs pieces situees dans une habitation et servant ou destinees a loger une ou plusieurs personnes. (Dwelling unit) m) « moyen d'evacuation » designe une vole continue d'evacuation permettant aux personnes qui se trouvent a un endroit quelconque d'un batiment ou d'une cour interieure d'acceder a un batiment distinct, a une vole de circulation publique ou a un endroit exterieur a decouvert non expose au feu provenant du batiment et donnant acces a une voie de circulation publique. (Means of egress) n) « occupant)) designe la personne a qui une autre personne loue une habitation ou un logement. (Occupier) 201 -8- (o) "Qualified engineer' means a professional engineer registered with the Association of Professional Engineers and Geoscientists of New Brunswick (APEGNB) who has established competence in the subject being addressed; (p) "Standards Officer' means a standards officer appointed under this By-law and also a by- law enforcement officer appointed pursuant to section 14 of the Police Act and designated by resolution of Common Council; and q) "Structure" means any construction composed of one or more parts or members, joined together in some definite manner. 3 ADOPTION OF PROVINCIAL 3 RESIDENTIAL PROPERTIES CODE 3(1) The Residential Properties Maintenance and Occupancy Code Approval Regulation - Municipalities Act approved by the Lieutenant - Governor in Council pursuant to section 93 of the said Municipalities Act, is hereby adopted. o) « proprietaire » designe toute personne qui a droit a un droit en tenure libre ou a tout autre droit ou interet sur un bien-fonds , en droit ou en equity, actuel ou eventuel, tel qu'un creancier hypothecaire, un debiteur hypothecaire, un preneur a bail, un locataire, un occupant, le titulaire d'un droit ou permis d'usage ou toute autre personne ayant le soin, le controle, l a propriete pleine et entibre et la gestion des locaux ou qui en pergoit le loyer ou en paye les taxes municipales. (Owner) p) « structure » designe un ouvrage de construction compose de pieces jointes d'une fagon bien determinee. (Structure) q) « Ville)) designe The City of Saint John. (City) ADOPTION DU CODE PROVINCIAL D'ENTRETIEN ET D'OCCUPATION DES RESIDENCES 3(1) Le Reglement portant approbation du code d'entretien et d'occupation des residences - Loi sur les municipalites approuve par le lieutenant-gouverneur en conseil en vertu de I'article 93 de la Loi sur les municipalites est adopte. 202 -9- 3(2) Where there is conflict between the 3(2) En cas d'incompatibilite entre le Code and this By-law, the higher Code et le present arrete, la norme standard shall apply. la plus severe s'applique. 4 APPOINTMENT OF STANDARDS 4 NOMINATION DES AGENTS DES & INSPECTION OFFICERS 4(1) Common Council may, for the purposes of the administration and enforcement of this By-law, appoint Standards Officers and Inspection Officers who may exercise such powers and perform such duties as may be set out in this By-law and/or in the Code and/or in the Municipalities Act. NORMES ET DES INSPECTIONS 4(1) Le conseil communal peut, pour les fins de I'administration et de I'application du present arrete, nommer des agents des normes et des agents des inspections charges d'exercer Ies pouvoirs et remplir Ies fonctions prevus dans le present arrete et/ou le Code et/ou la Loi sur les municipalites. 4(2) Each Standards Officer and Inspection Officer appointed under this section shall be issued with an identity card bearing his name, his title, his signature, his photograph, the City Crest and the signature of the Building Inspector. 5 GENERAL DUTIES & OBLIGATIONS 4(2) Est delivre a chacun des agents des normes et agents des inspections nommes en vertu du present article une carte-photo d'identite sur laquelle figurent son nom, son titre et sa signature ainsi que Ies armoiries de la municipalite et la signature de I'inspecteur des bMiments. 5 FONCTIONS ET RESPONSABILITES GENERALES 5(1) No owner shall permit the use of, 5(1) rent or offer to rent any building or part thereof that does not conform to the standards established by this By-law. 5(2) A person who is leasing a dwelling unit to another person shall affix a number or a letter or a combination of both numbers and letters to the entrance door to every dwelling unit, which can be easily seen and read by persons providing emergency services. II est interdit au proprietaire d'utiliser tout batiment ou partie de batiment non conforme aux normes etablies par le present arrete, d'en permettre ('utilisation, de le louer ou de I'offrir en location. 5(2) Une personne qui loue un logement a une autre personne doit apposer, a la porte principale de chaque logement, un numero ou une lettre ou une combinaison des deux pouvant facilement titre vu et lu par Ies personnes qui fournissent des services d'urgence. 203 -10- 6 RESPONSIBILITIES OF 6 OCCUPANTS 6(1) Every occupier of a dwelling or 6(1) dwelling unit shall maintain that part of the premise which he controls or occupies in a reasonably clean, sanitary and safe condition. RESPONSABILITES DES OCCUPANTS Chaque occupant d'une habitation ou d'un logement doit maintenir la partie des lieux qu'il occupe ou qui est plac6e sous son autorit6 en bon 6tat de propret6, de salubrit6 et de s6curit6. 6(2) An occupier shall not obstruct an 6(2) Un occupant ne doit pas obstruer exit over which he has control. une issue plac6e sous son autorit6. 7 COOKING FACILITIES 7 INSTALLATION DE CUISINE 7(1) Where a dwelling unit is provided 7(1) Dans le cas ou un logement serait with cooking facilities: dot6 d'une installation de cuisine (a) the unit must be equipped with a sink with hot and cold running water; and (b) the unit must have a floor area of at least 11.2 square metres if the unit is occupied by only one person. 7(2) A kitchen used by the occupiers of more than one dwelling unit shall contain a sink, cooking facilities, and a refrigerator that has at least 0.056 cubic metres of space for each occupier. a) le logement doit titre dote d'un 6vier aliment6 en eau courante chaude et froide ; et b) le logement doit avoir une aire de plancher d'au moins 11,2 metres carr6s s'il est occup6 par une seule personne. 7(2) Une cuisine utilis6e par les occupants de plusieurs logements doit titre dot6e d'un 6vier, d'installations de cuisson et d'un r6frig6rateur qui pr6voit au moins 0,056 metres cubes pour chaque occupant. 204 -11 - 8 PLUMBING 8 INSTALLATION DE PLOMBERIE 8(1) Every dwelling and dwelling unit 8(1) Chaque habitation et chaque shall contain plumbing which shall logement doivent titre dotes d'une meet the standards and installation de plomberie qui repond requirements of the National aux normes et aux exigences du Building Code. Code national du batiment. 9 TOILET, WASH & OTHER SANITARY FACILITIES 9(1) Toilet rooms, bathrooms and 9(1) shower rooms serving more than one dwelling unit shall be accessible from a public hallway. 9 SALLES DE TOILETTE, SALLES DE BAIN ET AUTRES INSTALLATIONS SANITAIRES 9(2) Toilet rooms, bathrooms and shower rooms shall be fully enclosed and have doors that are capable of being locked from the inside only. These rooms shall provide privacy to the residents. 10 GARBAGE, STORAGE & niSpnSni 10(1) Every owner shall: (a) provide an exterior garbage enclosure which shall be adequate to contain two week's garbage; and (b) dispose of the garbage and refuse in accordance with the provisions of the Solid Waste By-law of The City of Saint John. Les salles de toilette, les salles de bain et les salles de douche utilisees par les occupants de plusieurs logements doivent titre accessibles a partir d'un corridor public. 9(2) Les salles de toilette, les salles de bain et les salles de douche doivent titre completement closes et dotees de portes se verrouillant de l'interieur seulement. De telles salles doivent garantir l'intimite des residents. 10 ELIMINATION DES DECHETS 10(1) Le proprietaire doit : 205 a) fournir une enceinte a dechets exterieure pouvant recevoir les dechets de deux semaines entieres ; et b) assurer 1'e1imination des ordures et dechets conformement aux dispositions de I'Arrete de The City of Saint John sur les dechets solides. -12- 11 FIRE PROTECTION MEASURES 11 MESURES DE PROTECTION- INC:FKinIF 11(1) Every owner shall provide fire separations between adjacent units, hallways, exit paths, and floor assemblies by a fire separation having a fire resistance rating of not less than that required by the National Building Code. 11(2) Furnace rooms, service rooms, storage rooms, and garages must be separated from the remainder of the dwelling by a fire separation having a fire resistance rating of not less than that required by the National Building Code. 11(3) Every owner of a dwelling shall install and maintain a smoke alarm in good working order within 5 metres of every bedroom and at least one smoke alarm is to be provided on every floor level. 11(1) Tout proprietaire doit fournir des separations coupe-feu entre les logements adjacents, les couloirs, les voies d'issue et les elements de plancher ayant un degre de resistance au feu au moins egal a celui exige par le Code national du batiment. 11(2) Les chaufferies, les locaux techniques, les locaux d'entreposage et les garages doivent titre isoles du reste de ('habitation par une separation coupe-feu ayant un degre de resistance au feu au moins egal a celui exige par le Code national du batiment. 11(3) Tout proprietaire d'une habitation doit installer un avertisseur de fumee a moins de 5 metres de chaque chambre a coucher et le maintenir en bon etat de fonctionnement. De plus, au moins un avertisseur de fumee doit titre installe a chaque etage. 11(4) An occupier shall not disconnect or 11(4) Un occupant ne doit pas, dans son remove smoke alarms or remove habitation ou son logement, batteries of smoke alarms within debrancher ou enlever les their dwelling or dwelling unit. avertisseurs de fumee ou en retirer les piles. 11(5) Every owner of a dwelling shall provide that all exposed interior surfaces shall have a flame spread rating of not more than 150 as per Appendix D of the National Building Code, except whereas permitted by the National Building Code. 11(5) Tout proprietaire d'une habitation doit veiller a ce que toutes les surfaces interieures exposees aient un indice de propagation de la flamme d'au plus 150 conformement a I'annexe D du Code national du batiment, sauf dans Ies cas permis par le Code national du batiment. 206 -13- 11(6) Every owner of a dwelling not provided with sprinkler protection shall provide each bedroom with one exterior window openable from the inside without the use of tools or special knowledge and shall provide unobstructed opening with areas not less than 0.35 square metres and with no dimension less than 380 millimetres. 11(6) Tout proprietaire d'une habitation non dotee d'une protection par gicleurs doit installer dans chaque chambre a coucher une fenetre exterieure ouvrable de I'interieur sans outils ni connaissances speciales qui offre une ouverture degagee d'une surface d'au moins 0,35 metres carres, sans qu'aucune dimension ne soit inferieure a 380 millimetres. 12 EGRESS 12(1) Every dwelling unit shall have safe, continuous and unobstructed access to exits. 12(2) There shall be provided two means of egress from every floor area in a dwelling. Two separate exits in opposite directions must be available from an egress door from a dwelling unit which opens onto a corridor or exterior passageway, unless the dwelling unit has a second and separate means of egress. 12 ISSUES 12(1) Chaque logement doit avoir un acces sur, continu et non obstrue a une issue. 12(2) Deux issues distinctes doivent titre prevues a chaque etage d'une habitation. Deux issues distinctes situees dans des directions opposees doivent pouvoir titre atteintes a partir d'une porte de sortie d'un logement qui donne sur un couloir ou une voie de passage exterieure, sauf si le logement comporte un second moyen d'evacuation independant du premier. 12(3) Where a dwelling unit has a direct 12(3) access to an exit at street or grade level, a single exit is permitted, provided that the exit serves only that dwelling unit. Dans le cas ou le logement communiquerait directement avec une issue au niveau du sol ou de la rue, it est permis de n'avoir qu'une seule issue, pour autant que celle-ci ne serve qu'a ce logement. 12(4) Where an occupier must travel 12(4) Dans le cas ou un occupant devrait more than one flight of interior stairs monter ou descendre plus d'une to access an exit, the dwelling unit volee interieure pour acceder a une must be provided with a second issue, le logement doit en compter exit. une seconde. 207 -14- 13 FLOORS 13(1) Every floor shall not have a slope of more than 10 millimetres in 2 metres. 13 PLANCHERS 13(1) Les planchers ne doivent pas avoir une pente de plus de 10 millimetres sur 2 metres. 13(2) Every owner shall provide and maintain in good repair guards around openings in interior floors, exterior decks, landings, porches, and balconies and at the open side of stairs, and shall be: (a) not less than 900 millimetres in height in the case of stairways and interior floor openings, and not less than 1070 millimetres in height in all other cases; (b) spaced not greater than 100 millimetres apart; and (c) not facilitate climbing. 14 BASEMENTS, CELLARS & UNHEATED CRAWL SPACES 14(1) Basements, crawl spaces or cellars shall be kept dry of water on floors by use of ventilation, floor drains or other approved means. 15 WATER DAMAGE 15(1) Any building component which has been subjected to water damage shall be repaired or replaced. 13(2) Tout proprietaire doit fournir et maintenir en bon etat les garde-corps places autour des ouvertures d'un plancher interieur, d'une terrasse exterieure, d'un palier, d'un porche et d'un balcon ainsi que ceux places sur le cote ouvert d'un escalier. Les garde- corps : a) doivent avoir une hauteur d'au moins 900 millimetres lorsqu'ils sont places autour des ouvertures d'un escalier ou d'un plancher interieur et une hauteur d'au moins 1070 millimetres dans tous les autres cas ; b) ne doivent pas titre espaces par plus de 100 millimetres ; et c) ne permettent pas 1'escalade. 14 SOUS-SOILS, CAVES ET VIDES SANITAIRES NON CHAUFFES 14(1) Les sous-sols, les vides sanitaires ou les caves doivent titre maintenus exempts d'eau au sol au moyen de ventilation, d'avaloirs de sol ou d'autres moyens approuves. 15 DEGATS CAUSES PAR UEAU 15(1) Toute composante d'un batiment exposee a un degat cause par I'eau doit titre reparee ou remplacee. 208 -15- 16 DOORS & WINDOWS 16(1) Rotted or damaged doors, door frames, window frames, sashes and casings, weather-stripping, broken glass and defective door and window hardware shall be repaired or replaced. 16 PORTES ET FENETRES 16(1) Les portes, encadrements de porte, encadrements de fen6tre, chassis et dormants pourris ou endommag6s, les coupe-bise et les vitrages bris6s et la ferronnerie d6fectueuse des portes et fen6tres doivent titre r6par6s ou remplac6s. 16(2) All windows intended to be opened and all exterior doors in a dwelling unit shall have hardware which will allow them to be locked or otherwise secured from inside the building. 16(2) Toutes les fen6tres qui ouvrent et toutes les portes ext6rieures d'un logement doivent comporter des ferrures permettant de les verrouiller ou de les condemner de l'int6rieur du batiment. 16(3) At least one entrance door to a 16(3) Au moins une porte d'entr6e au dwelling unit shall have hardware logement doit comporter des which permits the door to be locked ferrures permettant de la verrouiller or secured from both inside and ou de la condamner de l'int6rieur ou outside of the unit. de 1'ext6rieur du logement. 17 EXTERIOR WALLS 17(1) Exterior walls and exterior openings 17(1) shall be maintained in good repair and weatherproofed to prevent the entrance of wind or precipitation into the dwelling. 17 MURS EXTERIEURS Les murs ext6rieurs et les ouvertures ext6rieures doivent titre maintenus en bon 6tat et 6tanches de fagon a emp6cher que le vent ou les pr6cipitations ne p6nbtrent a l'int6rieur de 1'habitation. 17(2) Cornices and flashing shall be 17(2) Les corniches et les solins doivent maintained in a water-tight condition titre maintenus 6tanches afin so as to prevent leakage of water d'emp6cher I'eau de p6n6trer a into the dwelling. l'int6rieur de 1'habitation. 209 -16- 18 STAIRS, PORCHES & LANDINGS 18 ESCALIERS, PORCHES ET PALIERS 18(1) Every porch, balcony, exterior fire escape, deck, landing, exit stairs and exterior stairs must be provided with a suitable foundation that extends 1.2 metres below grade or to solid bedrock or has been designed by a qualified engineer. 18(1) Tous les porches, balcons, escaliers de secours, terrasses, paliers, escaliers de sortie, escaliers exterieurs doivent titre dotes d'une fondation appropriee qui dolt titre a 1,2 metre au-dessous du niveau du sol ou sur de la roche solidifiee ou congue par un ingenieur qualifie. 18(2) Every porch, balcony, exterior fire escape, deck, landing, exit stairs, exterior stairs and supporting structural member shall be maintained so as to be free of rot, deterioration or other defects. 18(3) Every porch, balcony, exterior fire escape, deck, landing, exit stairs, exterior stairs and supporting structural member shall be treated with paint or stain or other suitable means as required to prevent deterioration. 19 HANDRAILS 18(2) Tous les porches, balcons, escaliers de secours exterieurs, terrasses, paliers, escaliers de sortie, escaliers exterieurs et elements de soutenement doivent titre entretenus de fagon a titre exempts de pourriture, de deterioration ou d'autres defauts. 18(3) Tous les porches, balcons, escaliers de secours exterieurs, terrasses, paliers, escaliers de sortie, escaliers exterieurs et elements de soutenement doivent titre traites au moyen d'une peinture ou d'une teinture ou d'autres moyens appropries de fagon a prevenir leur deterioration. 19 MAINS COURANTES 19(1) Every owner shall provide and 19(1) Tout proprietaire doit fournir et maintain handrails in good repair, maintenir en bon etat les mains and shall be: courantes qui doivent titre : (a) provided on at least one side of a) installees sur au moins un cote stairs which are less than 1100 d'un escalier d'une largeur millimetres in width; inferieure a 1 100 millimetres ; (b) provided on two sides of stairs which are 1100 millimetres in width or greater; b) installees sur les deux cotes d'un escalier d'une largeur del 100 millimetres ou plus-, 210 -17- (c) continuous throughout the length of the stairway, except where interrupted by doorways or newel posts at changes in direction; and (d) not less than 800 millimetres in height, and not more than 965 millimetres in height. 20 RETAINING WALLS 20 c) continues sur toute la longueur de 1'escalier, sauf si elles sont interrompues par des entrees de porte ou des balustres aux changements de direction ; et d) dune hauteur d'au moins 800 millimetres et d'au plus 965 millimetres. MURS DE SOUTENEMENT 20(1) All retaining walls and barriers shall 20(1) Tous les murs de soutenement be: doivent titre : (a) kept in good repair; (b) free from accident hazards; and (c) protected by paint, preservative or other weather-resistant material. 21 SIGNS 21(1) All signs and billboards including their supporting members shall be maintained in good repair and any signs which are excessively weathered or faded, or those upon which the paint has excessively peeled or cracked, shall be removed, repainted or replaced. 22 AIR CONDITIONERS & a) maintenus en bon etat ; b) exempts de risques d'accident ; et c) proteges au moyen de peinture, d'agents de preservation ou d'autres materiaux a 1'epreuve des intemperies. 21 PANNEAUX 21(1) Tous les panneaux et tableaux d'affichage, y compris leurs elements de soutien, doivent titre maintenus en bon etat et tous les panneaux qui sont trop alteres ou defraichis ou dont la peinture est trop craquelee ou ecaillee doivent titre enleves, repeints ou remplaces. 22 CLIMATISEURS ET SAILLIES PROJECTIONS 22(1) All air conditioners shall be securely anchored and maintained in a safe mechanical and electrical condition. 22(1) Tous les climatiseurs doivent titre bien ancres et maintenus en etat mecanique et electrique securitaire. 211 -18- 22(2) All canopies, marquees, signs, awnings, standpipes, exhaust ducts, and similar projections, shall be maintained in good repair, properly anchored and protected against decay or deterioration. 22(2) Tous les panneaux, avancees, marquises, auvents, colonnes montantes, conduits d'evacuation et autres saillies de meme nature doivent titre maintenus en bon etat, bien ancres et proteges contre la degradation ou la deterioration. 23 ISSUANCE OF NOTICE TO COMPLY 23(1) Where the condition of a premise, dwelling, dwelling unit or structure does not comply with this By-law, a Standards Officer may notify the owner or occupier of the premise, dwelling, dwelling unit or structure by notice which shall: (a) be in writing; (b) be signed by the Standards Officer; (c) state the manner in which the premise, dwelling, dwelling unit or structure does not comply with this By-law; (d) state what must be done to correct the condition; (e) state the date before which the condition must be corrected; and (f) if an appeal may be brought under subsection 26(1), state the final date for giving notice of the appeal. 23 EMISSION UAVIS DE CONFORMITE 23(1) Lorsqu'une situation mentionnee dans le present arrete existe relativement a une habitation, un logement, une structure ou aux lieux, un agent des normes peut aviser le proprietaire ou l'occupant de 1'habitation, du logement, d'une structure ou des lieux par avis selon la formule prescrite par reglement et qui dolt a) titre ecrit ; b) titre signe par I'agent des normes ; c) etablir 1'existence de la situation menant au non respect du present arrete par 1'habitation, le Iogement, la structure ou Ies Iieux ; d) specifier ce qu'il faut faire pour remedier a cette situation ; e) specifier le delai accorde pour remedier a cette situation ; et f) specifier le delai imparti pour donner un avis d'appel si un appel peut titre interjete en vertu du paragraphe 26(1). 212 -19- 24 PROOF OF SERVICE 24 PREUVE DE LA NOTIFICATION 24(1) A notice referred to in subsection 24(1) L'avis vise au paragraphe 23(1) 23(1) shall be given: doit titre notifie : (a) if the person to be notified is an individual, by personal delivery on the individual or by posting the notice in a conspicuous place on the premise, dwelling, dwelling unit or structure, or a) si le destinataire est un particulier, par remise en main propre au destinataire ou par son affichage sur les lieux, ('habitation, le logement ou la structure en un endroit visible ; ou (b) if the person to be notified is a corporation, by personal delivery on an officer, director or agent of the corporation or on a manager or person who appears to be in control of any office or other place of business where the corporation carries on business in New Brunswick or by posting the notice in a conspicuous place on the premise, dwelling, dwelling unit or structure. 24(2) Proof of the giving of notice in either manner provided for in subsection 24(1) may be by a certificate or an affidavit purporting to be signed by the Standards Officer referred to in subsection 23(1), naming the person to whom notice was given and specifying the time, place and manner in which notice was given. b) si le destinataire est une corporation, par remise en main propre a tout dirigeant, a tout administrateur, a tout representant de la corporation ou a tout gerant ou a toute personne qui parait titre responsable d'un bureau ou autre etablissement de la corporation au Nouveau-Brunswick ou par son affichage sur les lieux, ('habitation, le logement ou la structure en un endroit visible. 24(2) La preuve de la notification d'un avis par Tune des fagons prevues au paragraphe 24(1) peut titre faite au moyen d'un certificat ou d'un affidavit presente comme etant signe par I'agent des normes vise au paragraphe 23(1), et indiquant le nom de I'interesse, ainsi que I'heure, la date, le lieu et le mode de notification. 213 -20- 25 ADMISSIBLE EVIDENCE 25 ADMISSIBLE EN PREUVE 25(1) A document purporting to be a 25(1) Un document presente comme Certificate under subsection 24(2) etant un certificat en vertu du shall be: paragraphe 24(2) doit : (a) admissible in evidence without proof of signature, and a) titre admissible en preuve sans qu'il soit necessaire de prouver I'authenticite de la signature ; et (b) conclusive proof that the person named in the certificate received notice of the matters referred to in the certificate. 25(2) In any prosecution for a violation under this By-law, where proof of the giving of notice is made as prescribed under subsection 24(2), the burden of proving that one is not the person named in the certificate or affidavit shall be upon the person charged. b) constituer une preuve concluante que la personne designee dans le certificat a regu notification des faits qui y sont mentionnes. 25(2) Dans toute poursuite pour une infraction en vertu du present arrete, lorsque la preuve de la notification de I'avis est faite conformement paragraphe 24(2), it personne accusee qu'elle n'est pas nommee dans le I'affidavit. au incombe a la de prouver la personne certificat ou 25(3) A notice given under 25(3) Un avis notifie en application du subsection 24(1) and purporting to paragraphe 24(1) et presente be signed by a Standards Officer comme etant signe par un agent shall be: des normes : (a) received in evidence by any court in the Province without proof of the signature, a) doit titre admis comme preuve devant tout tribunal de la province sans qu'il soit necessaire de prouver I'authenticite de la signature ; (b) proof in the absence of evidence to the contrary of the facts stated in the notice, and b) doit faire foi, en I'absence d'une preuve contraire, des faits qui y sont enonces ; et 214 -21 - (c) in a prosecution for a violation under this By-law, proof in the absence of evidence to the contrary that the person named in the notice is the owner or occupier of the premise, dwelling, dwelling unit or structure in respect of which the notice was given. 26 APPEALS 26(1) An owner or occupier of a premise, dwelling, dwelling unit or structure who has been given a notice under subsection 24(1), other than a notice prepared under subsection 31(2), and who is not satisfied with the terms or conditions set out in the notice may appeal to the appropriate committee of council by sending a notice of appeal by registered mail to the clerk of the municipality within 14 days after having been given the notice. c) dans toute poursuite pour une infraction en vertu du pr6sent arr6t6, doit faire foi, en I'absence d'une preuve contraire, que la personne qui y est nomm6e est le propri6taire ou I'occupant des Iieux, de 1'habitation, du Iogement ou de la structure pour Iesquels la notification a 6t6 effectu6e. APPELS 26(1) Le propri6taire ou I'occupant des Iieux, de 1'habitation, du Iogement ou de la structure a qui un avis a 6t6 notifi6 aux termes du paragraphe 24(1), a 1'exception d'un avis qui a 6t6 pr6par6 aux termes du paragraphe 31(2), et qui n'accepte pas Ies modalit6s ou Ies conditions qui y sont 6nonc6es peut interjeter appel devant le comit6 du conseil appropri6 en envoyant un avis d'appel par courrier recommand6 au secr6taire de la municipalit6 dans Ies 14 jours qui suivent la notification de I'avis. 26(2) A notice that is not appealed within 26(2) L'avis dont it n'est pas interjet6 the time referred to in subsection appel dans le d6lai imparti au 26(1) shall be deemed to be paragraphe 26(1) est r6put6 confirmed. confirm6. 26(3) On an appeal, the committee of council shall hold a hearing into the matter at which the owner or occupier bringing the appeal has a right to be heard and may be represented by counsel. 26(3) Lors d'un appel, le comit6 du conseil doit tenir, sur le point en litige, une audience au cours de laquelle le propri6taire ou I'occupant qui interjette appel a le droit d'etre entendu et peut se faire repr6senter par un avocat. 215 -22- 26(4) On an appeal, the committee of 26(4) council may confirm, modify or rescind the notice or extend the time for complying with the notice. 26(5) The committee of council shall provide a copy of its decision to the owner or occupier of the premise, dwelling, dwelling unit or structure who brought the appeal within 14 days after making its decision. 26(6) The owner or occupier provided with a copy of a decision under subsection 26(5) may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within 14 days after the copy of the decision was provided to the owner or occupier on the grounds that: (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. 26(7) On the appeal, the judge of The Court of Queen's Bench of New Brunswick may confirm, modify or rescind the whole or any part of the decision of the committee of council, and the decision of the judge under this subsection is not subject to appeal. Lors d'un appel, le comit6 du conseil peut confirmer, modifier ou annuler I'avis ou proroger le d6lai pour s'y conformer. 26(5) Le comit6 du conseil doit fournir une copie de sa decision au propri6taire ou a I'occupant des lieux, de I'habitation, du Iogement ou de la structure qui Iui a interjet6 appel dans Ies 14 jours suivant la date a Iaquelle it a rendu sa decision. 26(6) Le propri6taire ou I'occupant a qui une copie d'une decision a 6t6 fournie aux termes du paragraphe 26(5) peut, dans Ies 14 jours qui suivent, interjeter appel de la decision devant un juge de la Cour du Banc de la Reine du Nouveau-Brunswick au motif que : a) la d6marche a suivre en vertu de la Loi sur les municipalites n'a pas 6t6 suivie ; ou b) la decision est manifestement d6raisonnable. 26(7) Lors de I'appel, le juge de la Cour du Banc de la Reine du Nouveau-Brunswick peut confirmer, modifier ou annuler, en tout ou en partie, la decision du comit6 du conseil et la decision du juge en vertu de ce paragraphe n'est pas susceptible d'appel. 216 -23- 26(8) A notice that is deemed to be 26(8) Uavis qui est repute confirme aux confirmed under subsection 26(2) or that is confirmed or modified by est confirme ou modifie par le the committee of council under comite du Conseil aux termes du subsection 26(4) or a judge of The paragraphe 26(4) ou par un juge de Court of Queen's Bench of New la Cour du Banc de la Reine du Brunswick under subsection 26(7), Nouveau-Brunswick aux termes du as the case may be, shall be final paragraphe 26(7), selon le cas, est and binding upon the owner or definitif et lie le proprietaire ou occupier who shall comply within ('occupant, qui sont tenus de se the time and in the manner conformer dans le delai et de la specified in the notice. maniere qui sont precises dans 26(9) An appeal does not prevent a further notice from being given under section 24(1) or from being autre avis prepared and signed under subsection 31(2) in relation to a et la signature d' condition referred to in the notice termes that is the subject of the appeal if rapport there has been a change in the condition. 27 REGISTRATION OF NOTICE TO COMPLY termes du paragraphe 26(2) ou qui ('avis . 26(9) Un appel n'a pas pour effet d'empecher la notification d'un aux termes du paragraphe 24(1) ou la preparation un autre avis aux du paragraphe 31(2) par a une situation indiquee dans ('avis faisant ('objet de I'appel s'il y eut un changement de situation. 27 ENREGISTREMENT D'AVIS DE CONFORMITE 27(1) In this section: (a) "land registration office" means the registry office for a county or the land titles office for a land registration district. 27(1) Dans le present article a) « bureau d'enregistrement des biens-fonds » designe le bureau d'enregistrement d'un Comte ou le bureau d'enregistrement foncier d'une circonscription d'enregistrement foncier. 217 -24- 27(2) A notice given under section 24(1) may be registered in the appropriate land registration office and, upon such registration, any subsequent owner of the premise, dwelling, dwelling unit or structure in respect of which the notice was given shall be deemed, for the purposes of section 30 and 31, to have been given the notice on the day on which the notice was given under section 24(1). 27(3) For the purposes of registering a 27(3) notice under subsection 27(2), section 44 of the Registry Act and section 55 of the Land Titles Act do not apply. 27(2) L'avis notifie aux termes du paragraphe 24(1) peut titre enregistre au bureau d'enregistrement des biens-fonds approprie et des 1'enregistrement, tout proprietaire subsequent des Iieux, de I'habitation, du Iogement ou de la structure pour Iesquels la notification a ete effectuee est repute, pour I'application des articles 30 et 31, avoir regu notification de I'avis a la date a Iaquelle I'avis avait ete notifie aux termes du paragraphe 24(1). 27(4) Within 30 days after the terms of the notice have been complied with or a debt due to a municipality under subsection 30(1) or 32(1) or due to the Minister of Finance under subsection 36(3), as the case may be, is discharged, the municipality shall provide a certificate in the form prescribed by regulation to that effect to the person to whom the notice was given under section 24(1) or deemed to have been given under subsection 27(2), as the case may be, and the certificate shall operate as a discharge of the notice. L'article 44 de la Loi sur Fenregistrement et I'article 55 de la Loi sur Fenregistrement foncier ne s'appliquent pas a 1'enregistrement d'un avis aux termes du paragraphe 27(2). 27(4) Si les exigences formulees dans I'avis ont ete satisfaites ou que la creance de la municipalite aux termes du paragraphe 30(1) ou 32(1) ou la dette du ministre des Finances aux termes du paragraphe 36(3), selon le cas, a ete reglee, la municipalite doit, dans les 30 jours qui suivent, fournir a la personne a qui un avis avait ete notifie aux termes du paragraphe 24(1) ou a la personne qui est reputee avoir regu notification de I'avis aux termes du paragraphe 27(2), selon le cas, un certificat a cette fin, en la forme prescrite par reglement, qui a pour effet d'annuler I'avis. 218 -25- 27(5) A person to whom a certificate is provided under subsection 27(4) may register the certificate in the appropriate land registration office, and, upon registration of the certificate, the appropriate registrar of the land registration office may cancel registration of the notice in respect of which the certificate was provided. 27(5) Toute personne a qui un certificat a ete fourni aux termes du paragraphe 27(4) peut faire enregistrer le certificat au bureau d'enregistrement des biens-fonds approprie et des 1'enregistrement, le registraire approprie du bureau d'enregistrement des biens-fonds peut annuler 1'enregistrement de l'avis pour Iequel le certificat avait ete fourni. 28 OFFENCES 28(1) A person who fails to comply with the terms of a notice given under section 24(1) commits an offence that is, subject to subsections 28(2) and 28(3), punishable under Part II of the Provincial Offences Procedure Act as a category F offence. 28(2) Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a premise, dwelling, dwelling unit or structure to another person commits an offence under subsection 28(1) in relation to a notice given under section 24(1) with respect to the premise, dwelling, dwelling unit or structure, the minimum fine that may be imposed by a judge under that Act in respect of the offence shall be one thousand dollars. 28(3) Where an offence under subsection 28(1) continues for more than one day, 28 INFRACTIONS 28(1) Quiconque omet de se conformer aux exigences formulees dans un avis notifie aux termes du paragraphe 24(1) commet une infraction qui est, sous reserve des paragraphes 28(2) et 28(3), punishable en vertu de la Partie II de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. 28(2) Nonobstant le paragraphe 56(6) de la Loi sur la procedure applicable aux infractions provinciales, lorsqu'une personne qui loue des lieux, une habitation, un logement ou une structure a une autre personne commet ('infraction prevue au paragraphe 28(1) relativement a l'avis notifie aux termes du paragraphe 24(1) par rapport aux lieux, a ('habitation, au logement ou a la structure, I'amende minimale qui peut titre imposee par un juge en vertu de cette Ioi relativement a ('infraction est de 1 000 28(3) Lorsqu'une infraction prevue au paragraphe 28(1) se poursuit pendant plus d'une journee, 219 -26- (a) if the offence was committed by a person in relation to notice given under section 24(1) with respect to a premise, dwelling, dwelling unit or structure the person is leasing to another person, (i) the minimum fine that may be imposed is the sum of (A) one thousand dollars, and (B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and (b) in any other case, a) dans le cas ou ('infraction aurait ete commise par une personne relativement a un avis notifie aux termes du paragraphe 24(1) par rapport a une habitation, un logement, une structure ou des lieux que celle-ci loue a une autre personne, (i) I'amende minimale qui peut titre impos6e est la somme des montants suivants (A) 1 000 $ ; et (B) I'amende minimale pr6vue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipli6e par le nombre de jours pendant lesquels ('infraction se poursuit apres la premiere journ6e ; et (ii) I'amende maximale qui peut titre impos6e est I'amende maximale pr6vue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipli6e par le nombre de jours pendant Iesquels ('infraction se poursuit ; et b) dans tout autre cas, 220 -27- (i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and (i) I'amende minimale qui peut titre imposee est I'amende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant Iesquels ('infraction se poursuit, et (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. 28(4) The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on his or her part to comply with the provisions under this By-law. (ii) I'amende maximale qui peut titre imposee est I'amende maximale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant Iesquels ('infraction se poursuit. 28(4) La declaration de culpabilite d'une personne en application du present article n'exclut pas les poursuites ulterieures si cette personne continue de negliger ou d'omettre de se conformer aux dispositions du present arrete. 221 -28- 29 TICKETABLE OFFENCES 29 INFRACTIONS POUVANT FAIRE L'OBJET D'UNE 29(1) Upon the service of a ticket by a Standards Officer, a person who: (a) commits an offence under subsection 94.2(3) or 102.1(1.2) of the Municipalities Act may pay an amount of nine hundred dollars and upon such payment, the person is not liable to be prosecuted for the offence. CONTRAVENTION 29(1) A la delivrance d'une contravention par I'agent des normes, une personne qui : a) commet ('infraction prevue au paragraphe 94.2(3) ou 102.1(1.2) de la Loi sur les municipalites peut payer un montant de 900 $ pour ('infraction et une fois le montant paye, la personne n'est plus susceptible de poursuites judiciaires ; (b) violates any provision of this By-law b) may pay an amount of two hundred dollars and upon such payment, the person is not liable to be prosecuted for the offence. 222 contrevient a toute disposition du present arrete peut payer un montant de 200 $ pour ('infraction et une fois le montant paye, la personne n'est plus susceptible de poursuites judiciaires. -29- 30 REMEDIES 30(1) If a notice has been given under section 24(1), other than a notice prepared under subsection 31(2), and the owner or occupier does not comply with the notice, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 26, within the time set out in the notice, the municipality may, rather than commencing proceedings in respect of the violation or in addition to doing so, cause the condition or a portion of the condition as set out in the notice to be repaired or remedied and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. 30 RECOURS 30(1) Si un avis a 6t6 notifi6 aux termes du paragraphe 24(1), a 1'exception d'un avis qui a 6t6 pr6par6 aux termes du paragraphe 31(2), et que le propri6taire ou I'occupant ne se conforme pas a cet avis dans le d6lai imparti et tel qu'il est r6put6 confirm6 ou tel qu'il est confirm6 ou modifi6 par un comit6 du conseil ou par un juge en vertu de I'article 26, la municipalit6 peut, au lieu d'intenter des proc6dures relatives a l'infraction ou en plus d'intenter des proc6dures relatives a l'infraction, faire en sorte que la situation ou une partie de la situation 6tablie par I'avis soit r6par6e ou restaur6e, et Ies frais relatifs a 1'ex6cution de ces travaux, y compris toute redevance ou tout droit aff6rent, sont a la charge du propri6taire ou de I'occupant et deviennent une cr6ance de la municipalit6. 30(2) For the purpose of subsection 30(1), the Standards Officer who gave the notice in respect of the premise, dwelling, dwelling unit or structure and the employees of the municipality or other persons acting on behalf of the municipality may, at all reasonable times, enter upon the premise, dwelling, dwelling unit or structure, in order to repair or remedy the premise, dwelling, dwelling unit or structure, as the case may be. 30(2) Pour I'application du paragraphe 30(1), I'agent des normes qui a notifi6 I'avis relativement aux lieux, a 1'habitation, au logement ou a la structure et Ies employ6s de la municipalit6 ou toute autre personne qui agit au nom de celle-ci peuvent p6n6trer, a tout moment raisonnable, dans Ies lieux, 1'habitation, le logement ou la structure pour r6parer ou restaurer Ies lieux, 1'habitation, le logement ou la structure, selon le cas. 223 -30- 30(3) A municipality or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under this section. 30(3) La municipality ou toute personne agissant en son nom n'est pas tenue d'indemniser le proprietaire, I'occupant ou toute autre personne pour quelque acte accompli dans 1'exercice raisonnable des pouvoirs que Iui confere le present article. 31 EMERGENCY SITUATIONS 31(1) In this section: (a) "emergency' includes a situation in which there is imminent danger to public safety or of serious harm to the premise, dwelling, dwelling unit or structure. 31(2) If upon inspection of a property under section 102.1 of the Municipalities Act, a Standards Officer is satisfied that there is nonconformity with a By-law under section 94 of the said Act to such an extent as to pose an emergency, the Standards Officer may prepare and sign a notice referred to in subsection 23(1) requiring the owner or occupier of the premise, dwelling, dwelling unit or structure in respect of which the notice is prepared to immediately carry out work to terminate the danger. 31 SITUATIONS D'URGENCE 31(1) Dans le present article a) « situation d'urgence » s'entend notamment d'une situation ou it existe un danger imminent a la securite publique ou lorsque des lieux, de I'habitation, du logement ou de la structure sont en danger imminent de subir un grave prejudice. 31(2) Si au cours d'une inspection d'une propriete aux termes de I'article 102.1 de la Loi sur les municipalites, un agent des normes est convaincu que la propriete n'est pas conforme a un arrete pris en vertu de I'article 94 de ladite Loi au point de creer une situation d'urgence, it peut preparer et signer I'avis vise au paragraphe 23(1) exigeant que le proprietaire ou I'occupant des lieux, de I'habitation, du logement ou de la structure vises par I'avis execute immediatement des travaux en vue d'ecarter le danger. 224 -31 - 31(3) After having prepared and signed a notice referred to in subsection 31(2), the Standards Officer may, either before or after the notice is given under section 24(1), take any measures necessary to terminate the danger giving rise to the emergency, and, for this purpose, the Standards Officer who prepared the notice and the employees of the municipality or other persons acting on behalf of the municipality may, at any time, enter upon the premise, dwelling, dwelling unit or structure in respect of which the notice was prepared. 31(3) Apres avoir prepare et signe I'avis mentionne au paragraphe 31(2), I'agent des normes peut, avant la notification de I'avis aux termes du paragraphe 24(1) ou apres, prendre Ies mesures necessaires pour ecarter le danger donnant lieu a la situation d'urgence et a cette fin, I'agent des normes qui a prepare I'avis, Ies employes de la municipalite ou toute autre personne agissant au nom de celle-ci peuvent penetrer, en tout temps, dans Ies Iieux, 1'habitation, le Iogement ou la structure vises par I'avis. 31(4) A municipality or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under this section. 32 MEASURES TAKEN 32(1) The cost of taking measures under subsection 31(3), including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. 31(4) La municipalite ou toute personne agissant en son nom n'est pas tenue d'indemniser le proprietaire, I'occupant ou toute autre personne pour quelque acte accompli dans 1'exercice raisonnable des pouvoirs que Iui confere le present article. 32 MESURES PRISES 32(1) Les frais relatifs a la prise de mesures en vertu du paragraphe 31(3), y compris toute redevance ou tout droit afferent, sont a la charge du proprietaire ou de I'occupant et deviennent une creance de la municipalite. 225 -32- 32(2) If the notice was not given before measures were taken to terminate the danger, the Standards Officer shall give a copy of the notice under section 24(1) as soon as possible after the measures have been taken, and the copy of the notice shall have attached to it a statement by the Standards Officer describing the measures taken by the municipality and providing details of the amount expended in taking such measures. 32(2) Si I'avis n'a pas 6t6 notifi6 avant que des mesures ne soient prises pour 6carter le danger, I'agent des normes notifie aux termes du paragraphe 24(1) et aussit6t que possible apr6s que ces mesures aient 6t6 prises, une copie de I'avis, a Iaquelle est jointe une d6claration de I'agent des normes faisant 6tat des mesures prises par la municipalit6 et donnant Ies details des d6penses engag6es pour ces mesures. 32(3) If the notice was given before the measures were taken, the Standards Officer shall give a copy of the statement mentioned in subsection 32(2) in the same manner as a notice is given under section 24(1) as soon as practicable after the measures have been taken. 33 RIGHT OF ENTRY 33(1) No person shall refuse entry to or obstruct or interfere with a Standards Officer referred to in subsection 30(2) or 32(3) who under the authority of that subsection is entering or attempting to enter the premise, dwelling, dwelling unit or structure. 32(3) Si I'avis a 6t6 notifi6 avant que des mesures ne soient prises, I'agent des normes notifie une copie de la d6claration vis6e au paragraphe 32(2) de la meme maniere qu'un avis est notifi6 aux termes du paragraphe 24(1), et ce, aussit6t que possible apres que ces mesures aient 6t6 prises. 33 DROIT DE PENETRER 33(1) Nul ne peut refuser de permettre a un agent des normes vis6 au paragraphe 30(2) ou 32(3) de p6n6trer dans Ies lieux, 1'habitation, le logement ou la structure en vertu de ce paragraphe ni 1'entraver ou le goner alors qu'il p6netre ou tente de p6n6trer dans Ies Iieux, 1'habitation, le Iogement ou la structure en vertu de ce paragraphe. 33(2) When entering any property, and 33(2) Tout agent des normes ou agent upon demand by any person, any des inspections qui p6netre dans Standards Officer or Inspection toute propri6t6 doit, a la demande Officer shall produce his identity de toute personne, pr6senter sa card. carte d'identit6. 226 -33- 33(3) A person who violates or fails to comply with subsection 33(1) commits an offence that is, subject to subsections 33(4) and 33(5), punishable under Part II of the Provincial Offences Procedure Act as a category F offence. 33(3) Quiconque contrevient ou omet de se conformer au paragraphe 33(1) commet une infraction qui est, sous r6serve des paragraphes 33(4) et 33(5), punissable en vertu de la Partie II de la Loi sur la procedure applicable aux infractions provinciales a titre d'infraction de la classe F. 33(4) Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a premise, dwelling, dwelling unit or structure to another person commits an offence under subsection 33(3) in relation to the premise, dwelling, dwelling unit or structure, the minimum fine that may be imposed by a judge under the Provincial Offences Procedure Act in respect of the offence shall be one thousand dollars. 33(5) Where an offence under subsection 33(3) continues for more than one day, (a) if the offence was committed in relation to a premise, dwelling, dwelling unit or structure by a person who is leasing the premise, dwelling, dwelling unit or structure to another person, (i) the minimum fine that may be imposed is the sum of (A) one thousand dollars, and 33(4) Nonobstant le paragraphe 56(6) de la Loi sur la procedure applicable aux infractions provinciales, lorsqu'une personne qui loue une habitation, un logement, une structure ou des lieux a une autre personne commet ('infraction pr6vue au paragraphe 33(3) relativement a I'habitation, au logement, a la structure ou aux Iieux, I'amende minimale qui peut titre impos6e par un juge en vertu de la Loi sur la procedure applicable aux infractions provinciales relativement a ('infraction est de 1 000 33(5) Lorsqu'une infraction pr6vue au paragraphe 33(3) se poursuit pendant plus d'une journ6e, a) dans le cas ou ('infraction aurait 6t6 commise relativement a une habitation, un logement, une structure ou des Iieux par une personne qui loue I'habitation, le logement, la structure ou les Iieux a une autre personne, (i) I'amende minimale qui peut titre impos6e est la somme des montants suivants (A) 1 000 $ ; et 227 -34- (B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and (b) in any other case, (i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. (B) I'amende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant Iesquels ('infraction se poursuit apres la premiere journee ; et (ii) I'amende maximale qui peut titre imposee est I'amende maximale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant Iesquels ('infraction se poursuit ; et b) dans tout autre cas, (i) I'amende minimale qui peut titre imposee est I'amende minimale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant Iesquels ('infraction se poursuit, et (ii) I'amende maximale qui peut titre imposee est I'amende maximale prevue par la Loi sur la procedure applicable aux infractions provinciales pour une infraction de la classe F multipliee par le nombre de jours pendant Iesquels ('infraction se poursuit. 228 -35- 34 CERTIFICATE FOR DEBT 34(1) Where the cost of carrying out work or the cost of taking measures becomes a debt due to a municipality under subsection 30(1) or 32(1), as the case may be, a Standards Officer of the municipality may issue a certificate stating the amount of the debt due and the name of the owner or occupier from whom the debt is due. 34 CERTIFICAT DE CREANCE 34(1) Lorsque les frais relatifs a 1'execution de travaux ou a la prise de mesures deviennent une creance de la municipalite en vertu du paragraphe 30(1) ou 32(1), selon le cas, un agent des normes de la municipalite peut delivrer un certificat indiquant le montant de la creance et le nom du proprietaire ou de I'occupant responsable de la creance. 34(2) A certificate issued under subsection 34(1) may be filed in The Court of Queen's Bench of New Brunswick and a certificate so filed shall be entered and recorded in the Court and when so entered and recorded may be enforced as a judgment obtained in the Court by the municipality against the person named in the certificate for a debt of the amount specified in the certificate. 34(3) All reasonable costs and charges attendant upon the filing, entering and recording of a certificate under subsection 34(2) may be recovered as if the amount had been included in the certificate. 34(2) Un certificat delivre en vertu du paragraphe 34(1) peut titre depose a la Cour du Banc de la Reine du Nouveau-Brunswick ou it doit titre inscrit et enregistre, et it peut alors titre execute comme un jugement obtenu de la Cour par la municipalite contre la personne dont le nom est inscrit dans le certificat, pour une dette dont le montant y est precise. 34(3) Tous les frais et depenses raisonnables relatifs au depot, a ('inscription et a 1'enregistrement d'un certificat en vertu du paragraphe 34(2) peuvent titre recouvres comme si le montant avait ete inclus dans le certificat. 229 -36- 35 LIEN 35(1) The cost of carrying out work under subsection 30(1) or of taking measures under subsection 31(3), as the case may be, and all reasonable costs and charges attendant upon the filing, entering and recording of a certificate under section 34 shall, notwithstanding subsection 72(2) of the Workers' Compensation Act and until paid, form a lien upon the real property in respect of which the work is carried out or the measures are taken in priority to every claim, privilege, lien or other encumbrance, whenever created, subject only to taxes levied under the Real Property Tax Act and a special lien under subsection 189(10) of the said Act. 35 PRIVILEGE 35(1) Les frais relatifs a 1'execution des travaux en vertu du paragraphe 30(1) ou a la prise de mesures en vertu du paragraphe 31(3), selon le cas, et tous Ies frais et depenses raisonnables relatifs au depot, a l'inscription et a 1'enregistrement d'un certificat en vertu de I'article 34 constituent, jusqu'a Ieur paiement, nonobstant le paragraphe 72(2) de la Loi sur les accidents du travail, un privilege grevant le bien reel sur Iequel Ies travaux sont effectues ou Ies mesures sont prises, en priorite sur toute reclamation, droit, privilege ou autre charge, quelle que soit 1'epoque de Ieur creation, sous la seule reserve des impots (eves en vertu de la Loi sur l'impot foncier et d'un privilege special en vertu du paragraphe 189(10) de Iadite Loi. 35(2) The lien in subsection 35(1) (a) attaches when the work under subsection 30(1) is begun or the measures under subsection 31(3) are begun, as the case may be, and does not require registration or filing of any document or the giving of notice to any person to create or preserve it, and (b) follows the real property to which it attaches into whosever hands the real property comes. 35(2) Le privilege vise au paragraphe 35(1) 230 a) s'applique lorsque Ies travaux vises au paragraphe 30(1) ou Ies mesures visees au paragraphe 31(3), selon le cas, ont debute et sans qu'il soit necessaire, pour le creer ou le conserver, d'enregistrer ou de deposer un document quelconque ou d'aviser qui que ce soit, et b) suit le bien reel qu'il greve en quelques mains que ce bien reel se trouve. -37- 35(3) Any mortgagee, judgment creditor or other person having any claim, privilege, lien or other encumbrance upon or against the real property to which is attached a lien under subsection 35(1): 35(3) Tout cr6ancier hypoth6caire ou cr6ancier sur jugement ou tout autre titulaire d'une r6clamation, d'un droit, d'un privilege ou de toute autre charge sur le bien r6el grev6 d'un privilege en vertu du paragraphe 35(1) : (a) may pay the amount of the lien, (b) may add the amount to the person's mortgage, judgment or other security, and (c) has the same rights and remedies for the amount as are contained in the person's security. 36 DEBT DUE TO MUNICIPALITY 36(1) Where a debt due to a municipality under subsection 30(1) or 32(1) remains unpaid in whole or in part and the Minister of Finance is of the opinion that the municipality has made reasonable efforts to recover the unpaid amount, the Minister of Finance shall, if the municipality requests him or her to do so before December 31 in any year, pay to the municipality the following amounts at the same time as the first payment is made to the municipality under section 6 of the Municipal Assistance Act in the following year: (a) the unpaid amount of the debt; and (b) interest on the unpaid amount of the debt a) peut acquitter le montant du privilege, b) peut ajouter ce montant au montant de son hypothbque, jugement ou autre suret6, et c) a, a 1'6gard de ce montant, les m6mes droits et recours que ceux que comporte sa suret6. 36 CREANCE DUNE MUNICIPALITE 36(1) Lorsqu'une cr6ance d'une municipalit6 en vertu du paragraphe 30(1) ou 32(1) demeure impay6e, en totalit6 ou en partie, et que le ministre des Finances est d'avis que la municipalit6 a fait des efforts raisonnables pour recouvrer le montant impay6, le ministre des Finances doit, si la municipalit6 lui a fait demande avant le 31 d6cembre d'une ann6e, verser les montants suivants a la municipalit6 en m6me temps qu'il effectue, lors de la prochaine ann6e, le premier versement a la municipalit6 en vertu de I'article 6 de la Loi sur Faide aux municipalites : a) le montant impay6 de la cr6ance et b) l'int6ret sur le montant impay6 de la cr6ance 231 -38- (i) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and (i) calcule au meme taux applique pour determiner le montant d'une penalite prevue par le paragraphe 10(3) de la Loi sur l'impot foncier, et (ii) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality makes a request under this subsection for payment in respect of the debt. 36(2) A municipality shall make a request under subsection 36(1) by submitting to the Minister of Finance a statement of the expenditures of the municipality that gave rise to the debt. 36(3) Subject to subsection 36(4), where a debt due to a municipality under subsection 30(1) or 32(1) in relation to work carried out or measures taken with respect to the premise, dwelling, dwelling unit or structure remains unpaid, in whole or in part, by the person liable to pay the debt and the Minister of Finance has made a payment under subsection 36(1) in respect of the debt: (a) any part of the debt that remains unpaid by the person liable to pay the debt becomes a debt due to the Minister of Finance, and (ii) qui court a partir de la date a laquelle la municipalite a acheve les travaux ou les mesures qui ont donne lieu a la creance jusqu'a la date a laquelle la municipalite a fait sa demande pour un versement relativement a la creance aux termes du present paragraphe. 36(2) Une municipalite fait une demande aux termes du paragraphe 36(1) en presentant au ministre des Finances un etat des depenses engagees par celle-ci qui a donne lieu a la creance. 36(3) Sous reserve du paragraphe 36(4), lorsqu'une creance d'une municipalite en vertu du paragraphe 30(1) ou 32(1) relative a des travaux effectues ou a des mesures prises par rapport a des lieux, a une habitation, a un logement ou a une structure demeure impayee, en totalite ou en partie, par la personne tenue au paiement de la creance et que le ministre des Finances a effectue un versement aux termes du paragraphe 36(1) relativement a la creance, a) toute partie de la creance qui demeure impayee par la personne tenue au paiement de la creance devient une dette due au ministre des Finances, et 232 -39- (b) the Minister of Finance shall collect the following amounts from the owner of the premise, dwelling, dwelling unit or structure in the same manner that taxes on real property are collected under the Real Property Tax Act: (i) any part of the debt under subsection 30(1) or 32(1) that remains unpaid by the person liable to pay the debt; and (ii) interest on the unpaid part of the debt (A) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and (B) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality makes a request under subsection 36(1) for payment in respect of the debt. b) le ministre des Finances doit percevoir du propri6taire des lieux, de I'habitation, du Iogement ou de la structure Ies montants suivants de la meme manibre que I'impot foncier en vertu de la Loi sur l'impot foncier : (i) toute partie de la cr6ance en vertu du paragraphe 30(1) ou 32(1) qui demeure impay6e par la personne tenue au paiement de la cr6ance ; et (ii) I'int&C-t sur la partie de la cr6ance qui demeure impay6e (A) calcul6 au meme taux appliqu6 pour d6terminer le montant d'une p6nalit6 pr6vue par le paragraphe 10(3) de la Loi sur l'impot foncier, et (B) qui court a partir de la date a laquelle la municipalit6 a achev6 Ies travaux ou Ies mesures qui ont donn6 lieu a la cr6ance jusqu'a la date a laquelle la municipalit6 a fait sa demande pour un versement relativement a la cr6ance aux termes du paragraphe 36(1). 233 -40- 36(4) Subject to subsections 36(5) and 36(6), section 7, section 10, except subsection 10(2), and sections 11, 12, 13, 14, 14.1, 15, 16, 19, 20, 24 and 25 of the Real Property Tax Act apply with the necessary modifications for the purposes of subsection 36(3). 36(4) Sous r6serve des paragraphes 36(5) et 36(6), I'article 7, I'article 10, a 1'exception du paragraphe 10(2), et Ies articles 11, 12, 13, 14, 14.1, 15, 16, 19, 20, 24 et 25 de la Loi sur l'impot foncier s'appliquent avec Ies modifications n6cessaires pour I'application du paragraphe 36(3). 36(5) Where the amounts referred to in paragraph 36(3)(b) remain unpaid, those amounts and any penalty added to them under subsection 36(4) constitute a lien on the real property in respect of which the work was carried out or the measures were taken, and the lien ranks equally with a lien under subsection 11(1) of the Real Property Tax Act. 36(6) Where the real property is sold under any order of foreclosure, order for seizure and sale, execution or other legal process or a power of sale under a debenture or mortgage or under subsection 44(1) of the Property Act, the amount of a lien referred to in subsection 36(5) constitutes a charge on the proceeds that ranks equally with a charge under subsection 11(1) of the Real Property Tax Act. 36(5) Lorsque Ies montants vis6s a I'alin6a 36(3)b) demeurent impay6s, ces montants et toute p6nalit6 y ajout6e en vertu du paragraphe 36(4) constituent un privilege sur Ies biens r6els qui ont fait ('objet de travaux effectu6s ou des mesures prises et le privilege prend un rang 6gal au privilege pr6vu au paragraphe 11(1) de la Loi sur l'impot foncier. 36(6) En cas de vente d'un Bien r6el en vertu d'une ordonnance de saisie hypoth6caire, de saisie et vente ou d'ex6cution ou par d'autres voies judiciaires ou en vertu d'un pouvoir de vente en vertu d'une debenture ou d'une hypotheque ou en vertu du paragraphe 44(1) de la Loi sur les biens, le montant d'un privilege vis6 au paragraphe 36(5) constitue une charge qui prend un rang 6gal a une charge vis6e au paragraphe 11(1) de la Loi sur l'impot foncier. 234 -41 - 37 REPEAL 37 ABROGATION 37(1) A By-law of the City of Saint John 37(1) Un arrete de The City of Saint John enacted on the fifth day of July, 2004 entitled "A By-law Respecting Standards for Maintenance And Occupancy Of Buildings And Premises" and all amendments thereto is repealed on the coming into force of this by-law. edicte le 5 juillet 2004 et intitule Arrete relatif aux normes d'entretien et d'occupation des batiments et locaux, ensemble ses modifications, est abroge des 1'entree en vigueur du present arrete. 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 August, A. D. 2008 and signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le aout 2008, avec les signatures suivantes : Mayor/Maire City Clerk/Greffibre communale First Reading - Premibre lecture - Second Reading - Deuxibme lecture - Third Reading - Troisibme lecture - 235 A BY-LAW RESPECTING STANDARDS FOR MAINTENANCE AND OCCUPANCY OF BUILDINGS AND PREMISES By-law Number M-14 WITH EXPLANATIONS FOR COUNCIL The City of Saint John New Brunswick 236 -2- Table of Contents Section Page 1 Title & Scope 4 2 Definitions 4 3 Adoption of Provincial Residential Properties Code 5 4 Appointment of Standards and& Inspection Officers 6 5 General Duties & Obligations 6 6 Responsibilites of Occupants 67 7 Cooking Facilities 7 8 Plumbing 78 9 Toilet, Wash & Other Sanitary Facilities 8 10 Garbage, Storage & Disposal 8 11 Fire Protection Measures 89 12 Egress 10 13 Floors 1011 14 Basements, Cellars & Unheated Crawl Spaces 11 15 Water Damage 1112 16 Doors & Windows 12 17 Exterior Walls 1213 18 Stairs, Porches & Landings 13 19 Handrails 1314 20 Retaining Walls 14 21 Signs 14 22 Air Conditioners & Projections 1415 23 Issuance of Notice to Comply 15 24 Proof of Service 15 25 Admissible Evidence 1516 26 Appeals 16 27 Registration of Notice to Comply 168 237 -3- 28 29 Offences Ticketable Offences 1718 30 31 32 33 34 35 36 37 189 Remedies Emergency Situations Measures Taken Right of Entry Certificate for Debt Lien Debt Due to Municipality 1920 230 2421 2421 252 2623 263 27 238 -4- The Common Council of The City of Saint John, under authority vested in it by Section 94 of the Municipalities Act, R.S.N.B. 1973, c.M-22, and amendments thereto, enacts as follows: 1 TITLE & SCOPE 1(1) Title This By-law may be cited as the "Saint John Minimum Property Standards By-lave". 1(2) This By-law outlines the minimum standards of residential properties within The City of Saint John and has the following objectives: (a) to adopt and establish minimum standards to ggoverning the condition, occupancy and maintenance of existing residential property; and (b) to iesprovide safeguards for the safety, health and welfare of the general public and of occupiers and users of residential property. 1(3) The Saint John Building By-Law and the Zoning By-Law apply with respect to any work which is to be carried out as a result of the enforcement of this By-law. Adoption of Provincial Residential Properties Code 2 DEFINITIONS 2(1) In this By-law: (a) "Interpretation City' means The City of Saint John; (b) "Code" means the Residential Properties Maintenance and Occupancy Code Approved Regulation - Municipalities Act, New Brunswick Regulation 84-86, under the Municipalities Act, and amendments thereto; (c) "Council" means the Common Council of The City of Saint John; (conseil)"Dwelling" means a building any part of which is used or is intended to be used for the purposes of human habitation, whether or not the building is in such state of disrepair so as to be unfit for such purpose; (d) "Dwelling unit' means one or more rooms located within a dwelling and used or intended to be used for human habitation by one or more persons; (e) "Exit' means that part of a means of egress, including doorways, that leads from the floor area it serves, to a separate building, an open public thoroughfare, or an exterior open space protected from fire exposure from the building and having access to an open public thoroughfare; 239 -5- "Flame Spread Rating" means an index or classification indicating the extent of spread-of-flame on the surface of a material or an assembly of materials as determined in a standard fire test as prescribed in the National Building Code of Canada; (g) "Guard' means a protective barrier around openings in floors or at the open sides of stairs, landings, balconies, mezzanines, galleries, raised walkways or other locations to prevent accidental falls from one level to another; (h) ""Property" means a building or part thereof, including a building accessory thereto, and the land on which it is situated appurtenant to the building or any part thereof and used or intended to be used, or capable of being used, in connection with the building or part thereof; (propriete) Inspection Office" means an inspection officerSI appointed under this By-law and designated by resolution of Common Council; (i) "Means of egress" means a continuous path of travel provided for the escape of persons from any point in a building or contained open space to a separate building, an open public thoroughfare, or an exterior open space protected from fire exposure from the building and having access to an open public thoroughfare; (j) "National Building Code" means that current, most updated edition and parts of the National Building Code of Canada adopted by the Province of New Brunswick and the Common Council of The City of Saint John;. (k) "Notice to Comply' means a notice in the form prescribed by Regulation under the Municipalities Act pursuant to subsection 43(1)(a)issued by a Standards Officer; (kl) "OccupantOccupier" means a person who controls and/or occupies propertyis leasing a dwelling or dwelling unit from another person; (lm) "Order" means an order of the Standards Officer under section 45; (ordre)"Owner" includes the registered owner and the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person's own account or as agent or trustee of any other person, or who would receive the rent if such land and premises were let, and shall also include a lessee or occupant of the property who, under the terms of the lease, is required to repair and maintain the property in accordance with the standards of this by- lawmeans any person entitled to any freehold or other estate or interest in land, at law or in equity, in possession, or in futurity or expectancy, such as a mortgagee, mortgagor, lessee under lease, tenant, occupant, licencee, permittee or any other person having care, control, domain and management over the premises or who receives any rent or pays municipal taxes in respect thereof; 240 -6- (n) "Premise" means land with all its appurtenances and structures thereon, (mo) "Qualified engineer' means a professional engineer registered with the Association of Professional Engineers and Geoscientists of New Brunswick (APEGNB) who has established competence in the subject being addressed; (np) "Standards Officer' means a standards officer appointed under this By-law and also a by-law enforcement officer appointed pursuant to section 14 of the Police Act and designated by resolution of Common Council; and-,or designated under section 5; and and (oq) "Structure" means any construction composed of one or more parts or members joined together in some definite manner." Standards Officer' means a sStandards oOfficer appointed under section 5under this By-law and also a by-law enforcement officer appointed pursuant to section 14 of the Police Act and designated by resolution of Common Council. 3 ADOPTION OF PROVINCIAL RESIDENTIAL PROPERTIES CODE 3(1) "Yard" means the land other than publicly owned land around and appurtenant to the whole or any part of a building and used or intended to be used, or capable of being used, in connection with the building. Scope The Residential Properties Maintenance and Occupancy Code Approval Regulation - Municipalities Act approved by the Lieutenant - Governor in Council pursuant to section 93 of the said Municipalities Act, is hereby adopted by reference. 3(2) Where there is conflict between the Code and this By-law, the higher standard shall apply. 4 APPOINTMENT OF STANDARDS AND & INSPECTION OFFICERS Appointment of Standards Officers and Inspectors 4(1) Common Council may, fFor the purposes of the administration and enforcement of this BBy-law, Council may from time to time appoint Standards Standards Officers Officersand Inspection Officers, who mayshall exercise such powers and perform such duties as may be set out in this By-law and/or in the Code and/or in the Municipalities Act. 4(2) Each Standards Officer and Inspection Officer appointed under this section shall be issued with an identity card bearing his name, his title, his signature, his photograph, the City Crest and the signature of the Building Inspector. 5 GENERAL DUTIES & OBLIGATIONS 241 -7- 5(1) No owner shall permit the use of, rent or offer to rent any building or part thereof that does not conform to the standards established by this By-law. EXPLANATION: Although section 94.2(2) of the Municipalities Act says "A person who is leasing a dwelling or dwelling unit to another person shall ensure that the dwelling or dwelling unit complies at all times with the standards provided for pursuant to a by-law under subsection 94(1) or (3)", the above item also obliges the owner not to offer to rent or permit the use of a building or part thereof that does not conform to the standards established in this By-law. 8(2) The owner of any building shall repair and maintain the building in accordance with the standards set out herein including those set out in the Residential Properties Maintenance and Occupancy Code adopted under section 4 hereof and with the requirements of this By-law, whether or not a Notice or Order pursuant to this By-law has been served personally or mailed to him. 5(2) A person who is leasing a dwelling or dwelling unit to another person shall ensure that the dwelling or dwelling unit complies at all times with the standards that are set out in this By-law and the Code. 5(32) A person who is leasing a dwelling unit to another person shall affix a number or a letter or a combination of both numbers and letters to the entrance door to every dwelling unit, which can be easily seen and read by persons providing emergency services. EXPLANATION: In the case of an emergency, dwelling units identified by numbers or letters or a combination of both allow emergency personel to locate occupiers. Identifying the units in this manner is the responsibility of the property owner. 6 RESPONSIBILITIES OF OCCUPANTS 6(1) Every occupier of property a dwelling or dwelling unit shall maintain that part of the property premise which he controls or occupies in a reasonably clean, sanitary and safe condition. 6(2) An occupier shall not obstruct an exit over which he has control. EXPLANATION: This section requires occupiers of dwellings or dwelling units to be responsible to maintain areas that they occupy in a clean, sanitary and safe condition. Issues of cleanliness and sanitary conditions are often difficult for owners to monitor on a daily basis and require the cooperation of the occupiers to maintain a clean and sanitary unit. This can decrease the incidences of rodents, mould and related health 242 -8- problems. Occupiers also have a responsibility to maintain access to their exits by keeping them free from obstructions, such as garbage, recycling, barbeques, bicycles and other household items. This will help to permit safe access to exits in the case of an emergency. 7 COOKING FACILITIES 1. 7(1) Every owner shall: (a) identify the dwelling with civic numbering in accordance with the Saint John Civic Numbering By-law (b) identify all accommodations by number or letter, or combination of both, posted on the entrance to the unit. Rooming Houses Prohibited Accommodation Size and Contents Where a dwelling unit is provided with cooking facilities: (a) the unit must be equipped with a sink with hot and cold running water; and (b) the unit must have a floor area of at least 11.2 square metres if the unit is occupied by only one person. unless it has a ceiling height as specified in Sections 31(4) and 31(5) of the Residential Properties Maintenance and Occupancy Code EXPLANATION: This subsection deals with dwelling units, often in a rooming house, that are equipped with cooking facilities (provided with a refrigerator and a stove/oven). For cleaning and sanitary purposes, a sink is required when cooking facilities are provided. It also requires that occupiers are provided with sufficient space in which to live. 11.2 square metres is larger than what is required in the RPMOC (9.3 sqm) for one person. If there is more than one person in a dwelling unit, the RPMOC requirement of 9.3 square meters per person would apply (ie. 18.6 sqm for two people). 7(2) A kitchen used by the occupiers of more than one dwelling unit shall contain a sink, cooking facilities, and a refrigerator that has at least 0.056 cubic metres of space for each occupier. EXPLANATION: This subsection requires that communal kitchens, often found in rooming houses, are equipped with a sink, stove/oven and a sufficient amount of refrigerated space for each occupier. 8 PLUMBING 8(1) Plumbing 243 -9- Every dwelling and dwelling unit shall contain plumbing which shall meet the standards and requirements of the National Building Code. EXPLANATION: This section requires that every dwelling unit is provided with plumbing that meets standards. This section is a higher standard than the RPMOC, which does not require a dwelling and dwelling unit to contain a plumbing system. 9 TOILET, WASH & OTHER SANITARY FACILITIES Toilet, Wash and Other Sanitary Facilities 9(1) Toilet rooms, bathrooms and shower rooms serving more than one dwelling unit shall be accessible from a public hallway. EXPLANATION: Dwelling units that share common washroom facilities (often in a rooming house) are required to have the washroom facilities accessible from public hallways, so that it is accessible to all occupiers at any time. 9(2) Sewage and Drainage 26(1) Sewage or organic waste shall only be discharged into a municipal sewerage system or by other approved means. Toilet Room Facilities TAII toilet rooms, bathrooms and shower rooms shall be fully enclosed and have doorswith a door that are capable of being locked from the inside only to provide privacy for the occupant. These rooms shall provide privacy to the residents. EXPLANATION: This subsection provides for privacy for occupiers when using washroom facilities. 10 GARBAGE, STORAGE & DISPOSAL 10(1) Every owner shall: (a) provide an exterior garbage enclosure which shall be adequate to contain two week's garbage; and (b) dispose of the garbage and refuse shall be in accordance with the provisions of the Solid Waste By-law of The City of Saint John. EXPLANATION: This section expands on section 8 of the RPMOC that addresses garbage receptacles. It requires owners to provide exterior garbage enclosures so occupiers do not have to keep garbage in their 244 -10- units for an extended period of time. Given that in some areas of the City of Saint John solid waste collection occurs every two weeks, it is necessary to have enclosures adequate to hold two week's of garbage. 11 FIRE PROTECTION MEASURES 11(1) Every owner shall provide fire separations between adjacent units, hallways, exit paths, and floor assemblies by a fire separation having a fire resistance rating of not less than that required by the National Building Code. 11(2) Furnace rooms, service rooms, storage rooms, and garages must be separated from the remainder of the dwelling by a fire separation having a fire resistance rating of not less than that required by the National Building Code. EXPLANATION: Subsections 11(1) and 11(2) addresses fire separations -a safety issue that is not dealt with in the RPMOC. Fire separations are necessary for fire safety to ensure occupiers are provided extra time to exit the dwelling in case of fire, and protect property by keeping fire contained so it does not spread quickly throughout the dwelling. Protecting exit paths, hallways, units and floor assemblies helps to contain a fire where it originated, and provides time for occupiers to exit in an emergency situation. Requiring furnace rooms, service rooms, storage rooms and garages to be separated from the remainder of the dwelling provides additional protection for occupiers and the dwelling from higher-hazard areas, where fire spread may be quicker due to the nature of the use of the space (ie. fuel storage), and protect from hazardous fumes originating in that space (ie. garbage). (a)11(3) Every owner of a dwelling shall install and maintain a smoke alarm in good working order within 5 metres of every bedroom and at least one smoke alarm is to be provided on every floor level. EXPLANATION: The RPMOC does not require smoke alarms to be provided in dwellings. Smoke alarms provide for early warning of a fire and may significantly decrease the time for occupiers to safely exit a dwelling in the case of a fire emergency. The NBCC requires smoke alarms to be installed near every bedroom and on every floor level to ensure early detection of fires and adequate warning to occupiers, expecially in the case of a fire during the nighttime. 11(4) An occupier shall not disconnect or remove smoke alarms or remove batteries of smoke alarms within their their dwelling or dwelling unit. 245 -11 - EXPLANATION: Although it is the responsibility of the dwelling owner to provide smoke alarms, occupiers are responsible to refrain from tampering with smoke alarms within their dwelling or dwelling unit. 11(5) Every owner of a dwelling shall provide that all exposed interior surfaces shall have a flame spread rating of not more than 150 as per Appendix D of the National Building Code, except whereas permitted by the National Building Code. EXPLANATION: Flame spread rating is not addressed in the RPMOC. The inclusion of it in the by-law will help to eliminate high hazard interior finishes that allows fire to spread quickly throughout a dwelling and dwelling unit. Interior finishes that do not meet this requirement are common, especially in older multi-family dwellings. This requirement will help to ensure occupiers have adequate time to exit in a fire emergency and will help to protect property, in that the fire may not spread as quickly. 11(6) Every owner of a dwelling not provided with sprinkler protection shall provide each bedroom with one exterior window openable from the inside without the use of tools or special knowledge and shall provide unobstructed opening with areas not less than 0.35 square metres and with no dimension less than 380 millimetres. EXPLANATION: Minimum bedroom window sizes are also not covered in the RPMOC, but are a significant safety issue. The NBCC requires that every bedroom is provided with an egress window, with minimum unobstructed opening sizes. Egress windows provide another means of exit in the case of an emergency or allow emergency personnel to enter. Tools or special knowledge means that it is easy to operate the window and that people do not require any special tools or training to operate it. 12 EGRESS 12(1) Every dwelling unit shall have safe, continuous and unobstructed access to exits. 12(2) There shall be provided two means of egress from every floor area in a dwelling. Two separate exits in opposite directions must be available from an egress door from a dwelling unit which opens onto a corridor or exterior passageway, unless the dwelling unit has a second and separate means of egress. 12(3) Where a dwelling unit has a direct access to an exit at street or grade level, a single exit is permitted, provided that the exit serves only that dwelling unit. 12(4) Where an occupier must travel more than one flight of interior stairs to access an exit, the dwelling unit must be provided with a second exit. EXPLANATION: Section 28 of the RPMOC requires every dwelling unit to have "a safe, continuous and unobstructed passage from the interior of the 246 -12- dwelling or dwelling unit to the outside of the dwelling at street or grade level". This revised by-law section provides for stricter exiting provisions that meets NBCC egress requirements, which requires that two means of egress is provided from every floor area to ensure that occupiers always have two ways to exit in case of an emergency. The provision of two means of egress is an essential safety component to occupiers exiting their dwelling unit safely in the case of fire or other emergency. In the event that one exit has been compromised by fire, the occupier has another option. Or, when exits are shared with other dwelling units, the occupier does not have sole control over the exit, and another means of egress is required. The exception is expressed in 12(3) - when an exit from a dwelling unit goes directly to the exterior, and is not shared with other units, one exit is permitted, unless the occupier has to travel more than one flight of stairs to an exit (12(4)). Floors Floors 13 FLOORS 13(1) Every floor shall not have a slope of more than 10 millimetres in 2 metres. EXPLANATION: Oftentimes, in older housing stock, buildings settle resulting in sloped floors in the interior of the building. In some cases, this is not a result of any structural deficiency with the building, however the floors are significantly sloped to the point of being a hazard - tripping, falling etc. This subsection ensures that hazardous floor slopes are remedied. 13(2) Every owner shall provide and maintain in good repair guards around openings in interior floors, exterior decks, landings, porches, and balconies and at the open side of stairs, and shall be: (a) not less than 900 millimetres in height in the case of stairways and interior floor openings, and not less than 1070 millimetres in height in all other cases; (b) spaced not greater than 100 millimetres apart; and (c) not facilitate climbing. EXPLANATION: Section 14(3) of the RPMOC requires handrails on the open side of a stairway, balcony, landing or stairwell, but it does not require that the handrails be provided with guards. Guards around openings in floors and open side of stairs prevent adults or children from falling through the opening, enhancing safety for the occupiers. This subsection also requires that the guards be constructed such that they cannot be climbed on, again improving the safety of the handrail system. 247 -13- 14 BASEMENTS, CELLARS & UNHEATED CRAWL SPACES 1) Yards Basements, crawl spaces or cellars shall be kept dry of water on floors by use of ventilation, floor drains or other approved means. EXPLANATION: The RPMOC does not address the issue of water in basements, crawl spaces or cellars. For the health and safety of occupiers and the health of the dwelling itself, this subsection requires that floors be kept dry. 15 WATER DAMAGE 15(1) Any building component which has been subjected to water damage shall be repaired or replaced. EXPLANATION: The RPMOC does not specifically address the issue of water damaged materials. Water damaged materials, if not removed, can create a health hazard with the development of mould. It can also compromise the integrity of the materials or supporting members if not dried or removed. 16 DOORS & WINDOWS 16(1) Rotted or damaged doors, door frames, window frames, sashes and casings, weather-stripping, broken glass and defective door and window hardware shall be repaired or replaced. EXPLANATION: The RPMOC requires exterior doors and windows to be maintained to prevent the entrance of wind and precipitation. There are circumstances when doors and windows are deteriorated but the damage may not contribute to the issue of the entrance of wind and precipitation, but the damage is such that it must be repaired. For instance, broken glass in an interior door is a hazard for occupiers, but is not addressed by the RPMOC. Inoperable or damaged door and window hardware can be a hazard in the case of emergency if occupiers have difficulty or are unable to exit due to faulty hardware. Again, this situation is not adequately covered in the RPMOC, and is addressed by subsection 16(1). 248 -14- 16(2) All windows intended to be opened and all exterior doors in a dwelling unit shall have hardware which will allow them to be locked or otherwise secured from inside the building. EXPLANATION: This subsection deals with security of the occupiers in dwelling units by providing for locking mechanisms on doors and windows. 16(3) At least one entrance door to a dwelling unit shall have hardware which permits the door to be locked or secured from both inside and outside of the unit. EXPLANATION: This allows for security for individual dwelling units by being able to lock the entrance door from both the inside and outside. 17 EXTERIOR WALLS 17(1) Exterior walls and exterior openings shall be maintained in good repair and weatherproofed to prevent the entrance of wind or precipitation into the dwelling. EXPLANATION: This subsection clarifies section 11 of the RPMOC, dealing with exterior wall maintenance to specifically include other exterior openings and the prevention of wind and precipitation into the dwelling. 17(2) The Croof, cornices and flashing shall be maintained in a water-tight condition so as to prevent leakage of water into the buildingdwel ling. EXPLANATION: This subsection clarifies section 12 of the RPMOC, dealing with roof maintenance, to specifically include cornices and flashing. 18 STAIRS, PORCHES & LANDINGS 18(1) Every porch, balcony, exterior fire escape, deck, landing, exit stairs and exterior stairs must be provided with a suitable foundation that extends 1.2 metres below grade or to solid bedrock or has been designed by a qualified engineer. Roofs Stairs, Porches and Landings EXPLANATION: This subsection adds to section 14 of the RPMOC, dealing with inside or outside stairs and porches, to include balconies, fire escapes, decks and landings, and to require suitable foundations. The structures described in this section are often not provided with adequate foundations and can be a significant safety hazard to occupiers, visitors, or emergency personel. 249 -15- 18(2) Every porch, balcony, exterior fire escape, deck, landing, exit stairs, exterior stairs and supporting structural member shall be maintained so as to be free of rot, deterioration or other defects. EXPLANATION: This subsection adds to section 14 of the RPMOC to include balconies, fire excapes, decks and landings. 18(3) Every porch, balcony, exterior fire escape, deck, landing, exit stairs, exterior stairs and supporting structural member shall be treated with paint or stain or other suitable means as required to prevent deterioration. EXPLANATION: The RPMOC does not require these structures to be treated appropriately to protect them from the elements and prevent rotting and other deterioration. This is important to ensure the structures are adequately maintained and provide safe passage for users. 19 HANDRAILS 19(1) Every owner shall provide and maintain handrails in good repair, and shall be: (a) provided on at least one side of stairs which are less than 1100 millimetres in width; (b) provided on two sides of stairs which are 1100 millimetres in width or greater; (c) continuous throughout the length of the stairway, except where interrupted by doorways or newel posts at changes in direction; and (d) not less than 800 millimetres in height, and not more than 965 millimetres in height. EXPLANATION: The RPMOC only requires handrails on an open side of a stairway, balcony, landing or stairwell. To enhance safety for occupiers, handrails standards have been increased in the by-law to incorporate NBCC requirements. 20 RETAINING WALLS Fences 20(1) All retaining walls and barriers shall be: (a) kept in good repair; 250 -16- (b) free from accident hazards; and (c) protected by paint, preservative or other weather-resistant material. EXPLANATION: The RPMOC does not address retaining walls, yet they can be a safety hazard to occupiers and dwellings. This subsection ensures that retaining walls are maintained in good repair and are safe. 21 SIGNS Signs 21(1) All signs and billboards including their supporting members shall be maintained in good repair and any signs which are excessively weathered or faded, or those upon which the paint has excessively peeled or cracked, shall be removed, repainted or replaced. EXPLANATION: Some residential buildings have signage to advertise leasing opportunities or a commercial enterprise within the building. This subsection requires that any signs and their supporting members are maintained. Signs can become a safety hazard for occupiers if the sign's supporting members are deteriorated and may fall or injure someone. 22 AIR CONDITIONERS & PROJECTIONS 22(1) All air conditioners shall be securely anchored and maintained in a safe mechanical and electrical condition. EXPLANATION: This subsection provides for the safe use, operation and anchorage of air conditioners so as not to be a hazard to occupiers or passers-by. 22(2) All canopies, marquees, signs, awnings, stairways, fire escapes, standpipes, exhaust ducts, and similar projections, shall be maintained in good repair, properly anchored and protected against decay or deterioration. Egress 38(2) Every floor shall be smooth and maintained in good condition. 38(3) All floor coverings shall be maintained in good condition and where installed in bathrooms, toilet rooms or shower rooms, shall be of impervious material. Basements, Cellars and Crawl Spaces Notice For Compliance To Standards Repeal EXPLANATION: This subsection ensures building projections do not become an accident or safety hazard for occupiers or passers-by. 251 -17- 23 ADOPTION OF RELEVANT SECTIONS OF MUNICIPALITIES ACT 23(1) Pursuant to section 94.1 of the Municipalities Act, subsections 190.001(1) and 190.01(3), and sections 190.02 to 190.07 are incorporated into this By-law, with the necessary modifications. EXPLANATION: The following sections deals with the administration of the by-law and incorporates the relevant sections of the revised Municipalities Act. 24 23 ISSUANCE OF NOTICE TO COMPLY 2423(1) Where the a condition of a premise, dwelling, dwelling unit or structure does not comply with this mentioned in this By-law exists, a Standardsn oOfficer appointed by council may notify the owner or occupier of the premises, building dwelling, dwelling unit or structure by notice in the form prescribed by regulation which shall: (a) be in writing; (b) be signed by the Standards o0fficer; (c) state that the manner in which the premise, dwelling, dwelling unit or structure does not comply with this By-law; condition referred to in this By- law exists; (d) state what must be done to correct the condition; (e) state the date before which the condition must be corrected; and (f) if an appeal may be brought under subsection 2726(1), state the final date for giving notice of the appeal. 2524 PROOF OF SERVICE 2524(1) A notice referred to in subsection 2423(1) shall be given: (a) if the person to be notified is an individual, by personal delivery on the individual or by posting the notice in a conspicuous place on the premises, building dwelling, dwelling unit or structure, or (b) if the person to be notified is a corporation, by personal delivery on an officer, director or agent of the corporation or on a manager or person who appears to be in control of any office or other place of business where the corporation carries on business in New Brunswick or by posting the notice 252 -18- in a conspicuous place on the premises, buildingdwelling, dwelling unit or structure. 2524(2) Proof of the giving of notice in either manner provided for in subsection 2524(1) may be by a certificate or an affidavit purporting to be signed by the Standards oOfficer referred to in subsection 2423(1), naming the person to whom notice was given and specifying the time, place and manner in which notice was given. 2625 ADMISSIBLE EVIDENCE 2625(1) A document purporting to be a certificate Certificate under subsection 2524(2) shall be: (a) admissible in evidence without proof of signature, and (b) conclusive proof that the person named in the certificate received notice of the matters referred to in the certificate. 2625(2) In any prosecution for a violation under this By-law, where proof of the giving of notice is made as prescribed under subsection 2524(2), the burden of proving that one is not the person named in the certificate or affidavit shall be upon the person charged. 2625(3) A notice given under subsection 2524(1) and purporting to be signed by a Standards On officer appointed by council shall be: (a) received in evidence by any court in the Province without proof of the signature, (b) proof in the absence of evidence to the contrary of the facts stated in the notice, and (c) in a prosecution for a violation under this By-law, proof in the absence of evidence to the contrary that the person named in the notice is the owner or occupier of the premises, building dwelling, dwelling unit or structure in respect of which the notice was given. 2726 APPEALS 2726(1) An owner or occupier of premises a premise, dwelling, dwelling unit or structureor a building or structure who has been given a notice under subsection 2524(1), other than a notice prepared under subsection 3231(2), and who is not satisfied with the terms or conditions set out in the notice may appeal to the appropriate committee of council by sending a notice of appeal by 253 -19- registered mail to the clerk of the municipality within fourteen days after having been given the notice. 2726(2) A notice that is not appealed within the time referred to in subsection 2726(1) shall be deemed to be confirmed. 2726(3) On an appeal, the committee of council shall hold a hearing into the matter at which the owner or occupier bringing the appeal has a right to be heard and may be represented by counsel. 2726(4) On an appeal, the committee of council may confirm, modify or rescind the notice or extend the time for complying with the notice. 267(5)The committee of council shall provide a copy of its decision to the owner or occupier of the premises, building dwelling, dwelling unit or structure who brought the appeal within 14 days after making its decision. 2726(6) The owner or occupier provided with a copy of a decision under subsection 2726(5) may appeal the decision to a judge of The Court of Queen's Bench of New Brunswick within 14 days after the copy of the decision was provided to the owner or occupier on the grounds that: (a) the procedure required to be followed by the Municipalities Act was not followed, or (b) the decision is patently unreasonable. 2726(7) On the appeal, the judge of The Court of Queen's Bench of New Brunswick may confirm, modify or rescind the whole or any part of the decision of the committee of council, and the decision of the judge under this subsection is not subject to appeal. 2726(8) A notice that is deemed to be confirmed under subsection 2726(2) or that is confirmed or modified by the committee of council under subsection 2726(4) or a judge of The Court of Queen's Bench of New Brunswick under subsection 2726(7), as the case may be, shall be final and binding upon the owner or occupier who shall comply within the time and in the manner specified in the notice. 2726(9) An appeal does not prevent a further notice from being given under section 2524(1) or from being prepared and signed under subsection 3231(2) in relation to a condition referred to in the notice that is the subject of the appeal if there has been a change in the condition. 254 -20- 2827 REGISTRATION OF NOTICE TO COMPLY 2827(1) In this section: (a) "land registration office" means the registry office for a county or the land titles office for a land registration district. 2827(2) A notice given under section 2524(1) may be registered in the appropriate land registration office and, upon such registration, any subsequent owner of the premises, building dwelling, dwelling unit or structure in respect of which the notice was given shall be deemed, for the purposes of section 31 30 and 3231, to have been given the notice on the day on which the notice was given under section 245(1). 2827(3) For the purposes of registering a notice under subsection 2827(2), section 44 of the Registry Act and section 55 of the Land Titles Act do not apply. 2827(4) Within thirty days after the terms of the notice have been complied with or a debt due to a municipality under subsection 3130(1) or 3432(1) or due to the Minister of Finance under subsection 3836(3), as the case may be, is discharged, the municipality shall provide a certificate in the form prescribed by regulation to that effect to the person to whom the notice was given under section 2524(1) or deemed to have been given under subsection 2827(2), as the case may be, and the certificate shall operate as a discharge of the notice. 2827(5) A person to whom a certificate is provided under subsection 2827(4) may register the certificate in the appropriate land registration office, and, upon registration of the certificate, the appropriate registrar of the land registration office may cancel registration of the notice in respect of which the certificate was provided. 2928 OFFENCES 2928(1) A person who fails to comply with the terms of a notice given under section 2524(1) commits an offence that is, subject to subsections 2928(2) and 2928(3), punishable under Part II of the Provincial Offences Procedure Act as a category F offence. 2928(2) Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a premise, dwelling, or dwelling unit or structure to another person commits an offence under subsection 2928(1) in relation to a notice given under section 2524(1) with respect to the premise, dwelling, or dwelling unit or structure, the minimum fine that may be imposed by a judge under that Act in respect of the offence shall be one thousand dollars. 255 -21 - 2928(3) Where an offence under subsection 2928(1) continues for more than one day, (a) if the offence was committed by a person in relation to notice given under section 2524(1) with respect to a premise, dwelling, or dwelling unit or structure the person is leasing to another person, (i) the minimum fine that may be imposed is the sum of (A) one thousand dollars, and (B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and (b) in any other case, (i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. 2928(4) The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on his or her part to comply with the provisions under this By-law. 3029 TICKETABLE OFFENCES 3029(1) A By-law Enforcement Officer, who believes, on reasonable and probable grounds, that a person has committed an offence, may serve a ticket for the following offencesUpon the service of a ticket by a Standards Officer, a person who: (a) pursuant to subsection 94.2(2) of the Municipalities Act, a person who is leasing a dwelling or dwelling unit to another person shall ensure that the 256 -22- dwelling or dwelling unit complies at all times with the standards provided in this By-law and a person who violates or fails to comply with this subsection commits an offencecommits and offence under subsection 94.2(3) or 102.1(1.2) of the Municipalities Act may pay an amount of nine hundred dollars and upon such payment, the person is not liable to be prosecuted for the offence.; (b) violates any provision of this By-law may pay an amount of two hundred dollars and upon such payment, the person is not liable to be prosecuted for the offence. pursuant to subsection 102.1(1.1) of the Municipalities Act, where an entry warrant has been obtained under the Entry Warrants Act, a person who is leasing a dwelling or dwelling unit to another person shall not refuse entry to or obstruct or interfere with a By-law Enforcement Officer that is entering or attempting to enter the dwelling or dwelling unit to ensure compliance with this By-law and a person who violates or fails to comply with this subsection commits an offence; or (c)any other offences in respect of this By-law. 30(2) A ticket shall, (a) be directed to the defendant, (b) set out the offence with which the defendant is charged, (c) state the time and place at which the defendant is to appear in court in order to be dealt with according to law, (d) state that the defendant has the right to choose the official language in which the proceedings will be conducted, (e) state that the defendant has the right to retain and instruct counsel, (f) state that the defendant may pay a fixed penalty instead of appearing in court at the time and place stated in the ticket but that a defendant who makes such a payment shall be deemed to have been convicted of the offence, (g) state the amount of the fixed penalty and the time, place and manner of payment, and 257 -23- (h) state that if the defendant does not pay the fixed penalty and does not appear in court at the time and place stated in the ticket, the defendant may be convicted of the offence. 30(3) For the purposes of paragraph 30(2)(b), the offence with which the defendant is charged shall be set out in the ticket using any words that describe the general nature of the offence and identifies the provision of the By-law. 30(4) A ticket shall be served by delivering it to the defendant personally. 30(5) The person who serves the ticket shall ask the defendant to sign a notice of prosecution corresponding to the ticket but, if the defendant fails or refuses to sign, the person serving the ticket shall so certify on the notice of prosecution and the lack of the defendant's signature shall not invalidate the notice of prosecution nor form the basis of an objection to it, to the ticket or to service of the ticket. 30(6) Unless payment of a fixed penalty is made in accordance with subsection 30(9) within the time stated in the ticket, the notice of prosecution shall be filed with a judge no later than the date stated in the ticket for the defendant's appearance. 30(7) Proceedings in respect of the offence charged in the ticket commence when the notice of prosecution is filed with the judge. 30(8) A defendant who wishes to dispute the charge set out in the ticket shall appear in court at the time and place stated in the ticket, and where the defendant so appears, the proceedings continue as if an information had been laid and a summons issued and served. 30(9) A defendant who does not wish to dispute the charge set out in the ticket may, no later than the time stated in the ticket for payment, pay a fixed penalty at the address specified in the ticket. 30(10) Notwithstanding subsection 30(9), the Buildings & Inspection Services Department of the City of Saint John may accept payment of a fixed penalty later than the time stated in the ticket for payment if the notice of prosecution has not been filed with the judge. 30(11)A person who accepts payment of a fixed penalty shall endorse the ticket and notice of prosecution accordingly but, if the ticket is not available for endorsement, that person shall issue a receipt. 30(12)The time to be stated in the ticket as the time by which the fixed penalty is to be paid is 4:30 p.m. on the working day which is two working days before the day stated in the ticket for the defendant's appearance in court. 30(13)The amount of the fixed penalty payable shall be less than the minimum fine that may upon conviction be imposed for the offence charged. 258 -24- 30(14)Payment of the fixed penalty by the defendant in accordance with this section relieves the defendant of the duty to appear in court at the time and place stated in the ticket. 30(15)Where a fixed penalty has been paid, the defendant, on the day stated in the ticket for the defendant's appearance in court, shall be deemed for all purposes: (a) to have been convicted of the offence charged in the ticket, (b) to have been fined the amount set out in the ticket, and (c)to have paid that fine in full. 30(16) Notwithstanding subsection 30(15), a defendant who has paid a fixed penalty may, on delivering notice in prescribed form to the address specified in the ticket for payment of the fixed penalty or to any address or office of Service New Brunswick, appear in court at the time and place stated in the ticket for the defendant's appearance and apply for leave to dispute the charge. 30(17)Where leave is granted under subsection 30(16): (a) the notice of prosecution shall be filed with the judge, and (b) the fixed penalty paid by the defendant shall be deposited with the office of the court and shall be retained until the proceedings are concluded. 30(18)When the proceedings are concluded, the fixed penalty retained under paragraph 30(17)(b) shall: (a) be returned to the defendant if the defendant is acquitted, or (b) be applied towards discharge of the fine if the defendant is convicted. 30(19)Where the defendant has not paid a fixed penalty before the time stated in the ticket for the payment of the fixed penalty and does not appear in court at the time and place stated in the ticket, the judge shall examine the notice of prosecution and, if the notice of prosecution contains the certificate referred to in subsection 30(20), the judge shall, subject to subsection (3), convict the defendant and impose a fine in the amount of the fixed penalty set out in the ticket. 30(20)The certificate on a notice of prosecution shall be in prescribed form, shall be signed, and shall state: (a) that the person signing the certificate delivered personally to the defendant the ticket to which the notice of prosecution corresponds, and 259 -25- (b) that the ticket was in prescribed form and was completed in the same manner as the notice of prosecution. 30(21)The judge shall not convict the defendant if: (a) the judge has reason to believe that the certificate on the notice of prosecution is inaccurate, or (b) the notice of prosecution contains a defect and the defect cannot be cured under section 106 of the Provincial Offences Procedure Act. 30(22)A person who fails to comply with the provisions of subsection 30(1)(a) of the By- law, commits an offence and is liable on summary conviction to a fine as follows: (a)Nothwithstanding subsection 56(6) of the Provincial Offences Procedure Act, a fine of one thousand dollars. (b)Where an offence under subsection 30(1)(a) continues for more than one day, a.the minimum fine imposed is the sum of Lone thousand dollars; or ii.one thousand dollars and the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and b.the maximum fine that may be imposed is the the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. 30(23)A person who fails to comply with the provisions of subsection 30(1)(b) of the By- law, commits an offence and is liable on summary conviction to a fine as follows: (a)Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, a fine of one thousand dollars. (b)Where an offence under subsection 30(1)(b) continues for more than one day, a.the minimum fine imposed is the sum Lone thousand dollars; or ii.one thousand dollars and the minimum fine set by the Provincial Offences Procedure Act for a category F 260 -26- offence multiplied by the number of days during which the offence continues after the first day, and b.the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a Category F offence multiplied by the number of days during which the offence continues. 30(24) A person who fails to comply with the provisions of subsection 30(1)(c) of the By-law, commits an offence and is liable on summary conviction, to a fine imposed for the commission of an offence punishable under Part II of the Provincial Offences Procedure Act as a category D offence. 3130 REMEDIES 310(1) If a notice has been given under section 2524(1), other than a notice prepared under subsection 3231(2), and the owner or occupier does not comply with the notice, as deemed confirmed or as confirmed or modified by a committee of council or a judge under section 2726, within the time set out in the notice, the municipality may, rather than commencing proceedings in respect of the violation or in addition to doing so, cause the condition or a portion of the condition as set out in the notice to be repaired or remedied and the cost of carrying out such work, including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. 3130(2) For the purpose of subsection 3130(1), the Standards oOfficer who gave the notice in respect of the premises, building dwelling, dwelling unit or structure and the employees of the municipality or other persons acting on behalf of the municipality may, at all reasonable times, enter upon the premises, dwelling, dwelling unit or structurebuilding or structure in order to repair or remedy the premises, building dwelling, dwelling unit or structure, as the case may be. 301(3)A municipality or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under this section. 3231 EMERGENCY SITUATIONS 3231(1) In this section: (a) "emergency' includes a situation in which there is imminent danger to public safety or of serious harm to premises or to a building opremise, dwellingr, dwelling unit or structure. 261 -27- 3231(2) If upon inspection of a property under section 102.1 of the Municipalities Act, a Standardsn oOfficer referred to in that section is satisfied that there is nonconformity with a By-law under section 94 of the said Act to such an extent as to pose an emergency, the Standards oOfficer may prepare and sign a notice referred to in subsection 2423(1) requiring the owner or occupier of the premises, buildingdwelling, dwelling unit or structure in respect of which the notice is prepared to immediately carry out work to terminate the danger. 3231(3) After having prepared and signed a notice referred to in subsection 3231(2), the Standards oOfficer may, either before or after the notice is given under section 2524(1), take any measures necessary to terminate the danger giving rise to the emergency, and, for this purpose, the Standards Oofficer who prepared the notice and the employees of the municipality or other persons acting on behalf of the municipality may, at any time, enter upon the premises, building dwelling, dwelling unit or structure in respect of which the notice was prepared. 3231(4) A municipality or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the municipality in the reasonable exercise of its powers under this section. 3332 MEASURES TAKEN 3332(1) The cost of taking measures under subsection 3231(3), including any related charge or fee, is chargeable to the owner or occupier and becomes a debt due to the municipality. 3332(2) If the notice was not given before measures were taken to terminate the danger, the Standards oOfficer shall give a copy of the notice under section 2524(1) as soon as possible after the measures have been taken, and the copy of the notice shall have attached to it a statement by the Standards oOfficer describing the measures taken by the municipality and providing details of the amount expended in taking such measures. 3332(3) If the notice was given before the measures were taken, the Standards oOfficer shall give a copy of the statement mentioned in subsection 3332(2) in the same manner as a notice is given under section 2524(1) as soon as practicable after the measures have been taken. 3433 RIGHT OF ENTRY 3433(1) No person shall refuse entry to or obstruct or interfere with a Standardsn oOfficer referred to in subsection 3130(2) or 3231(3) who under the authority of that subsection is entering or attempting to enter the premises, dwelling, dwelling unit or structure or a building or structure. 262 -28- 3433(2) When entering any property, and upon demand by any person, any Standards Officer or Inspection Officer shall produce his identity card. 3433(3) A person who violates or fails to comply with subsection 3433(1) commits an offence that is, subject to subsections 3433(4) and 3433(5), punishable under Part 11 of the Provincial Offences Procedure Act as a category F offence. 3433(4) Notwithstanding subsection 56(6) of the Provincial Offences Procedure Act, where a person who is leasing a premise, dwelling, dwelling unit or structure or dwelling unit to another person commits an offence under subsection 3433(3) in relation to the premise, dwelling, or dwelling unit or structure, the minimum fine that may be imposed by a judge under the Provincial Offences Procedure Act in respect of the offence shall be one thousand dollars. 3433(5) Where an offence under subsection 3433(3) continues for more than one day, (a) if the offence was committed in relation to a premise, dwelling, dwelling unit or structure or dwelling unit by a person who is leasing the premise, dwelling or, dwelling unit or structure dwelling unit to another person, (i) the minimum fine that may be imposed is the sum of (A) one thousand dollars, and (B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and (b) in any other case, (i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. 263 -29- 3534 CERTIFICATE FOR DEBT 3534(1) Where the cost of carrying out work or the cost of taking measures becomes a debt due to a municipality under subsection 3130(1) or 3332(1), as the case may be, a Standards n oOfficer of the municipality may issue a certificate stating the amount of the debt due and the name of the owner or occupier from whom the debt is due. 3534(2) A certificate issued under subsection 3534(1) may be filed in The Court of Queen's Bench of New Brunswick and a certificate so filed shall be entered and recorded in the Court and when so entered and recorded may be enforced as a judgment obtained in the Court by the municipality against the person named in the certificate for a debt of the amount specified in the certificate. 3534(3) All reasonable costs and charges attendant upon the filing, entering and recording of a certificate under subsection 3534(2) may be recovered as if the amount had been included in the certificate. 3635 LIEN 3635(1) The cost of carrying out work under subsection 3130(1) or of taking measures under subsection 3231(3), as the case may be, and all reasonable costs and charges attendant upon the filing, entering and recording of a certificate under section 35 34 shall, notwithstanding subsection 72(2) of the Workers' Compensation Act and until paid, form a lien upon the real property in respect of which the work is carried out or the measures are taken in priority to every claim, privilege, lien or other encumbrance, whenever created, subject only to taxes levied under the Rea/ Property Tax Act and a special lien under subsection 189(10) of the said Act. 3635(2) The lien in subsection 3635(1) (a) attaches when the work under subsection 3130(1) is begun or the measures under subsection 3231(3) are begun, as the case may be, and does not require registration or filing of any document or the giving of notice to any person to create or preserve it, and (b) follows the real property to which it attaches into whosever hands the real property comes. 3635(3) Any mortgagee, judgment creditor or other person having any claim, privilege, lien or other encumbrance upon or against the real property to which is attached a lien under subsection 3635(1) (a) may pay the amount of the lien, 264 -30- (b) may add the amount to the person's mortgage, judgment or other security, and (c) has the same rights and remedies for the amount as are contained in the person's security. 3736 DEBT DUE TO MUNICIPALITY 3736(1) Where a debt due to a municipality under subsection 3130(1) or 3332(1) remains unpaid in whole or in part and the Minister of Finance is of the opinion that the municipality has made reasonable efforts to recover the unpaid amount, the Minister of Finance shall, if the municipality requests him or her to do so before December 31 in any year, pay to the municipality the following amounts at the same time as the first payment is made to the municipality under section 6 of the Municipal Assistance Act in the following year (a) the unpaid amount of the debt; and (b) interest on the unpaid amount of the debt (i) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Real Property Tax Act, and (ii) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality makes a request under this subsection for payment in respect of the debt. 3736(2) A municipality shall make a request under subsection 3736(1) by submitting to the Minister of Finance a statement of the expenditures of the municipality that gave rise to the debt. 3736(3) Subject to subsection 3736(4), where a debt due to a municipality under subsection 3130(1) or 3332(1) in relation to work carried out or measures taken with respect to the premise, dwelling, dwelling unit or structures or a building or structure remains unpaid, in whole or in part, by the person liable to pay the debt and the Minister of Finance has made a payment under subsection 3736(1) in respect of the debt, (a) any part of the debt that remains unpaid by the person liable to pay the debt becomes a debt due to the Minister of Finance, and (b) the Minister of Finance shall collect the following amounts from the owner of the premises, building dwelling, dwelling unit or structure in the same manner that taxes on real property are collected under the Real Property Tax Act: 265 -31 - (i) any part of the debt under subsection 3130(1) or 3332(1) that remains unpaid by the person liable to pay the debt; and (ii) interest on the unpaid part of the debt (A) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10(3) of the Rea/ Property Tax Act, and (B) accruing from the day the municipality completes the work or measures in respect of which the debt arose to the day the municipality makes a request under subsection 3736(1) for payment in respect of the debt. 3736(4) Subject to subsections 3736(5) and 3736(6), section 7, section 10, except subsection 10(2), and sections 11, 12, 13, 14, 14.1, 15, 16, 19, 20, 24 and 25 of the Rea/ Property Tax Act apply with the necessary modifications for the purposes of subsection 3736(3). 3736(5) Where the amounts referred to in paragraph 3736(3)(b) remain unpaid, those amounts and any penalty added to them under subsection 3736(4) constitute a lien on the real property in respect of which the work was carried out or the measures were taken, and the lien ranks equally with a lien under subsection 11(1) of the Rea/ Property Tax Act. 3736(6) Where the real property is sold under any order of foreclosure, order for seizure and sale, execution or other legal process or a power of sale under a debenture or mortgage or under subsection 44(1) of the Property Act, the amount of a lien referred to in subsection 3736(5) constitutes a charge on the proceeds that ranks equally with a charge under subsection 11(1) of the Rea/ Property Tax Act. 266 BY-LAW NUMBER M-14 A BY-LAW RESPECTING STANDARDS FOR MAINTENANCE AND OCCUPANCY OF BUILDINGS AND PREMISES The Common Council of The Citv of Saint John, under authority vested in it by Section 94 of the Municipalities Act, R.S.N.B. 1973, Chapter M- 22 and amendments thereto enacts as follows: Title 1 This By-law may be cited as the Minimum Property Standards By-law. Interpretation 2 In this By-law: ARRETE NUMERO M-14 ARRETE RELATIF AUX NORMES WENTRETIEN ET WOCCUPATION DES BATIMENTS ET LOCAUX Le conseil communal de The Citv of Saint John, en vertu des pouvoirs que lui confere Particle 94 de la Loi sur les municipalites, L.R.N.-B. 1973, chapitre M-22, ensemble ses modifications, edicte : Titre 1 Le present arrete peut etre cite sous le titre : Arrete sur les normes minimales regissant les residences. Definitions 2 Les definitions qui suivent s'appliquent an present arrete. "City" means The Citv of Saint John (ville) o agent des normes » Agent des normes nomme en vertu de Particle 5. (Standards Officer) "Cleric" means the Common Cleric of The Citv of Saint John; (greffier) "Council" means the Common Council of The Citv of Saint John; (conseil) o avis » Avis prevu a 1'alinea 43(1)a). (Notice) conseil » Le conseil communal de The Citv of Saint John. (Council) "Housekeeping Unit" means a sleeping unit containing a sink and facilities for cooking; (unite d 'habitation) "Notice" means a notice pursuant to subsection 43(1)(a); (avis) "Occupant" means a person who controls and/or occupies property; (occupant) "Order" means an order of the Standards Officer under section 45; (ordee) "Property" means a building or part thereof, including a building accessory thereto, and the land on which it is situated appurtenant to the building or any part thereof and used or intended to be used, or capable of being used, in connection Nvith the building or part thereof; (propriete) eiploitant dune maison de chambres » Personne sous 1'autorite veritable de laquelle se trouve la maison de chambres et qui est chargee de 1'entretien et de 1'eiploitation courante de 1'etablissement. (Rooming house operator) greffier » Le greffier communal de The Citv of Saint John. (Clerk) inspecteur des normes du batiment » Inspecteur des normes du batiment nomme on designe en vertu de Particle 5. (Standards Inspector) locataire » Personne qui occupe une on plusieurs chambres dune maison de chambres, mais n'v est pas assimile le proprietaire ni 1'eiploitant dune maison de chambres. (Roomer) "Roomer" means a person occupying any « locaui destines an sommeil » Une on 1 267 room or rooms in a rooming house, but does not include a rooming house keeper or operator; (locataire) "Rooming house" means any building or any part thereof in which rooms are intended to be provided for compensation to three or more persons other than the oNsner or occupant thereof or the members of his immediate family. Without restricting the generality of the foregoing, a rooming house includes a hotel, or motel, lodging house, boarding house, and a multi-use building containing any combination of sleeping units, house-keeping units, or dwelling units. A rooming house does not include a one-family dwelling, a two-family dwelling, duplex dwelling, self-owned apartment or a building managed by a condominium corporation pursuant to the Condominium Property Act; (maison de chambres) "Rooming house keeper" means a person who is the oNsner or oNsner under agreement of a parcel of real property, upon which the rooming house is situated. For the purposes of this definition, "ovmer" includes a person, society, non- profit organization or co-operative; (proprietaire d'ume maison de chambres) "Rooming house operator" means a person having actual control of the rooming house and is responsible for day-to-day maintenance and running of the rooming house; (exploitant d'ume maison de chambres) "Sleeping Unit" means one or more rooms equipped to be used for sleeping and sitting purposes; (locaux destines au sommeil) "Standards Inspector" means a Standards Inspector appointed or designated under section 5; and (inspecteur des normes du bdtiment) "Standards Officer" means a Standards Officer appointed under section 5. (agent des normes) plusieurs pieces meublees de telle sorte qu'on puisse s'y coucher on s'y asseoir. (S'leeping Unit) maison de chambres » Tout on partie d'un batiment dont les chambres sont destinees a etre louees moyennant retribution a an moins trois personnes, a 1'exclusion du proprietaire on de Foccupant du batiment on des membres de sa famille immediate. Sans limiter la portee generale de ce qui precede, y est assimile un hotel, un motel, une pension de famille et un batiment a usages multiples renfermant toute combination de locaux destines an sommeil, d'unites d'habitation on de logements. My sont pas assimiles les habitations unifamiliales, les habitations bifamiliales, les duplex, les appartements achetes on les batiments geres par des corporations de condominiums regies par la Loi sur les condominiums. (Rooming house) occupant » Personne qui occupe une propriete on sous Fautorite de laquelle celle-ci est placee. (Occupant) ordre » Ordre de Fagent des normes prevu a Particle 45. (Order) proprietaire dune maison de chambres » Personne qui est proprietaire on proprietaire en vertu dune entente du bien-fonds sur lequel se trouve la maison de chambres. Pour les fins de la presente definition, « proprietaire » s'entend dune personne, dune association, dun organisme sans but lucratif on dune cooperative. (Rooming house keeper) propriete » Tout on partie dun batiment, y compris un batiment accessoire, et le terrain sur lequel it est situe on qui en depend utilise, destine on apte a etre utilise accessoirement an batiment on a une partie de celui-ci. (Property) unite d'habitation » Locaux destines an sommeil et comportant un evier et de 1'equipement de cuisine. (Housekeeping Unit) «ville» The City of Saint John (City) Scope 3 The purpose of this By-law is, Champ d'application 3 Le present arrete a pour objet : (a) to establish minimum standards to (a) de fixer des normes minimales 2 268 govern the condition, occupancy and maintenance of existing properties; and (b) to provide safeguards for the safety, health and Nyelfare of occupants and users of existing properties by requiring ovmers thereof to repair and maintain such property in accordance Nvith established minimum standards. regissant 1'etat, Foccupation et 1'entretien des proprietes existantes; (b) de garantir la securite, la saute et le bien-&e des occupants et usagers des proprietes existantes en obligeant leurs proprietaires a reparer et a entretenir ces lieux en conformite avec les normes minimales en vigueur. Adoption of Provincial Residential Properties Adoption du Code provincial d'entretien et Code d'occupation des residences 4 The Maintenance and Occupancy Code for Residential Properties, approved by the Lieutenant- Governor in Council pursuant to section 93 of the said Municipalities Act, is hereby adopted by reference. 4 Le Code d'entretien et d'occi pation des residences approuve par le lieutenant-gouverneur en conseil en vertu de Particle 93 de la Loi srzr les municipalites est adopte par renvoi. Appointment of Standards Officers and Nomination des agents des normes et des Inspectors inspecteurs des normes du batiment 5(1) For the purposes of the administration and enforcement of this By-law, Council may from time to time appoint Standards Officers, who shall exercise such poNvers and perform such duties as are provided for herein. 5(1) Pour les fins de 1'administration et de 1'application du present arrete, le conseil peut nommer au besoin des agents des normes charges d'exercer les pouvoirs et de remplir les fonctions prevus dans le present arrete. 5(2) For the purposes of making inspections to assist the Standards Officers in the administration and enforcement of this By-law, Standards Inspectors may be appointed. 5(3) The Council may appoint an Acting Standards Officer N-,-ho shall have all of the poNvers and duties of the Standards Officer N-,-hen the Standards Officer is absent from the City or is unable to act as a result of a disability or ceases to hold his office. 5(4) Each Standards Officer and Standards Inspector appointed under this section shall be issued Nvith an identity card bearing his name, his title, his signature, his photograph, the City Seal and the signature of the Clerk. Right of Entry 6(1) The Standards Officer and Standards Inspectors may enter into and upon any property at 5(2) Des inspecteurs des normes du batiment, charges de mener des inspections en vue d'assister les agents des normes dans 1'administration et 1'application du present arrete peuvent etre nommes. 5(3) Le conseil peut nommer un agent des normes interimaire qui exerce tous les pouvoirs et remplit toutes les fonctions de Fagent des normes lorsque celui-ci est absent de la municipalite, ou incapable d'exercer ses fonctions ou lorsqu'il cesse d'occuper son poste. 5(4) Est delivre a chacun des agents des normes et inspecteurs des normes du batiment nommes en vertu du present article une carte-photo d'identite sur laquelle figurent son nom, son titre et sa signature ainsi que le sceau de la municipalite et la signature du greffier. Droit d'entrer 6(1) L'agent des normes et les inspecteurs des normes du batiment ont le droit de penetrer, a tout 269 any reasonable time for inspection purposes and in order to administer, enforce, and earn- out the provisions of this By-law. 6(2) When entering any property, and upon demand by any person, any Standards Officer or Standards Inspector shall produce his identity card. Demand to Enter 7(1) Where an Official mentioned in section 6 is refused admission to any property within The City of Saint John, the Cleric may serve, or cause to be served, on the oN-,ner and/or occupant a demand that the Official named therein, be permitted to enter such property in accordance Nvith section 6. 7(2) Service of a demand to enter under subsection (1) may be effected by personal service on the oN-,ner and/or occupant having control of the property or by depositing the demand to enter in the mail in a prepaid registered envelope addressed to such oN-,ner and/or occupant at his last known address. 7(31) The service by mail of a demand to enter as provided for in subsection (2) is deemed to be complete upon the expiration of six (6) days after the deposit thereof in the mail. 7(4) Proof of the service of a demand to enter in either manner provided for in subsection (2) may be given by a certificate purporting to be signed by the Clerk Nvhich sets forth the name of the oN-,ner and/or occupant on whom such demand Nvas made and the time, place and manner of service thereof. General Duties and Obligations 8(1) No person shall, use, permit the use of, rent or offer to rent any building or part thereof that does not conform to the standards established by this By-law. moment raisonnable, dans une propriete afin de proceder a toute inspection necessaire a 1'application, a 1'administration ou a 1'execution du present arrete. 6(2) Lorsqu'il penetre Bans une propriete, et sur demande de toute personne, 1'agent des normes ou 1'inspecteur des normes du batiment presente sa carte-photo d'identite. Ordre d'autoriser le fonctionnaire a penetrer dans la propriete 7(1) Lorsque faeces a une propriete situee daps la ville de Saint John est refuse a un fonctionnaire vise a Particle 6, le greffier peut signifier ou faire signifier au proprietaire ou a 1'occupant des lieux 1'ordre d'autoriser le fonctionnaire y nomme a penetrer sur la propriete, en vertu de Particle 6. 7(2) La signification prevue au paragraphe (1) peut se faire par signification personnelle au proprietaire ou a 1'occupant sous 1'autorite duquel est placee la propriete ou par courrier recommande, port paye, expedie a sa derniere adresse comme. 7(31) La signification d'un ordre par courrier de la faron prevue au paragraphe (2) est reputee avoir ete faite six jours apres sa mise a la poste. 7(4) La preuve qu'un ordre a ete signifie de Tune des farons prevues au paragraphe (2) peut etre etablie au moyen dun certificat presente comme etant signe par le greffier et indiquant le nom du proprietaire ou de Foccupant auquel 1'ordre a ete donne ainsi que 1'heure, la date, le lieu et le mode de signification. Fonctions et responsabilites generales 8(1) ll est interdit d'utiliser tout ou partie dun batiment non conforme aux normes prevues dans le present arrete, den permettre 1'utilisation, de le louer ou de 1'offrir en location. 8(2) The oN-,ner of any building shall repair and 8(2) Le proprietaire dun batiment est tenu de le maintain the building in accordance Nvith the reparer et de 1'entretenir conformement aux normes standards set out herein including, for dwellings, prevues dans le present arrete, y compris, en ce qui those set out in the Residential Properties concerne les logements, les normes prevues dans le 270 Maintenance and Occupancy Code adopted under section 4 hereof and Nsth the requirements of this By-law, whether or not a Notice or Order pursuant to this By-law has been served personally or mailed to him. 8(3) Where the occupant is made responsible for the repair and maintenance of any building or part thereof by the lease or agreement under which he occupies the property, the occupant, as Nvell as the ovmer, shall repair and maintain the building or part thereof in accordance Nsith the standards. Responsibilities of Occupants 9 Every occupant of property shall: (a) limit the use of that part of the property which he controls or occupies to the maximum permitted by this By-law; (b) maintain that part of the property which he controls or occupies in a reasonably clean, sanitary and safe condition and free from infestation by insects, rodents or other pests; (c)maintain all plumbing, cooking and refrigeration fixtures and appliances as well as other building equipment and storage facilities in that part of the property which he occupies or controls in a clean and sanitary condition; (d) maintain all exits from the part of the property he occupies or controls clean, safe, continuous and unobstructed; and (e) maintain lands and accessory buildings associated Nvith or appurtenant to the part of the property he occupies or controls in a clean, sanitary and safe condition. Rooming Houses Code d'entretien et d'occi pation des residences adopte a Particle 4 du present arrete, ainsi que conformement aux exigences du present arrete, qu'on lui ait signifie on non un avis on un ordre personnellement par courrier en vertu du present arrete. 8(31) Lorsque 1'occupant est charge de la reparation et de 1'entretien de tout on partie dun batiment en vertu du bail on de 1'entente qui lui confere le droit d'occuper les lieux, 1'occupant, ainsi que le proprietaire, est tenu de reparer et d'entretenir le batiment on la partie du batiment conformement aux normes. Responsabilite des occupants 9 Tons les occupants dune propriete : (a) limitent an maximum prevu par le present arrete 1'utilisation de la partie de la propriete dont ils ont le controle on qu'ils occupent; (b) gardent la partie de la propriete dont ils ont le controle on qu'ils occupent dans un etat raisonnable de proprete, de salubrite et de securite, exempte d'infestation par des insectes, rongeurs on autres parasites; (c) assurent la proprete et la salubrite de tons les appareils de plomberie, de cuisine et de refrigeration qui se trouvent dans la partie de la propriete qu'ils occupent on dont ils ont le controle, ainsi que les equipements et les installations d'entreposage qui s'y trouvent, (d) gardent propres, securitaires et parfaitement degagees toutes les issues de la partie de la propriete qu'ils occupent on dont ils ont le controle; (e) assurent la proprete, la salubrite et la securite des terrains et des batiments accessoires rattaches a la partie de 1»a propriete qu'ils occupent on dont ils ont le controle on qui en dependent. Maisons de chambres Applicability of Standards Champ d'application des normes 271 10(1) Sections 10 to 24, inclusive, apply only to rooming houses in The City of Saint John and are in addition to the applicable standards and provisions of the Provincial Residential Properties Code adopted under section 4 of this By-law, which is hereinafter referred to as the "Code". 10(2) For the purposes of this By-law, the standards and provisions of the Code relating to a dwelling unit apply to a rooming house, sleeping unit and house-keeping unit as defined herein. 10(3) Where there is conflict between the Code and this By-law, the higher standard or provision shall apply. Zoning Approval Required 11 No person shall hereafter establish a rooming house Nvithout first obtaining an appropriate approval pursuant to the City's Zoning Bv-laN-,-. Prohibited Accommodation 12 No person shall occupy, or permit to be occupied for living purposes any accommodation in a rooming house which is not either a sleeping unit, housekeeping unit or dwelling unit. Plumbing 13 Every rooming house shall contain plumbing which shall meet the standards and requirements of the National Building Code of Canada. Toilet, Wash and Other Sanitary Facilities 10(1) Les articles 10 a 24 inclusivement ne s'appliquent qu'aux maisons de chambres situees dans la ville de Saint John et s'ajoutent aux normes et dispositions applicables du Code provincial d'entretien et d'occi pation des residences adopte a Particle 4 du present arrete, ci-apres appele le Code 10(2) Pour les fins du present arrete, les normes et dispositions du Code touchant les logements s'appliquent aux maisons de chambres, aux locaux destines all sommeil et aux unites d'habitation. 10(3) En cas d'incompatibilite entre le Code et le present arrete, la norme on la disposition la plus severe sIapplique. Approbation de zonage 11 ll est interdit d'etablir une maison de chambres sans avoir obtenu all prealable 1'approbation requise en vertu de Farrete sur le zonage de la ville. Interdiction d'occupation 12 ll est interdit d'occuper on de permettre que soft occupe a des fins d'habitation un local dans une maison de chambres qui nest ni un local destine all sommeil, ni une unite d'habitation, ni un logement. Installation de plomberie 13 Toutes les maisons d'habitation sont dotees dune installation de plomberie, qui dolt etre conforme aux normes et aux exigences du Code national du bdtiment du Canada. Salles de toilette, salles de bain et autres installations sanitaires 14 Even- rooming house operator shall 14 Les exploitants de maisons de chambres provide: sIassurent: (a) that even- room in a rooming house containing any sanitarv facilities serving more than one sleeping unit, housekeeping unit or housekeeping room, shall be accessible from a public hallway and shall be capable of being locked from the inside only; and (a) que chaque piece de la maison de chambres dotee d'installations sanitaires desservant plus dun local destine all sommeil, plus dune unite d'habitation on plus dune chambre avec privilege de cuisine soit accessible depuis un couloir commun et ne puisse etre verrouillee que 6 272 de 1'interieur, (b) that adequate supplies of hand soap and toilet tissue shall be available at all times to roomers in shared sanitary facilities. (b) que les locataires qui partagent des installations sanitaires communes disposent en tout temps dune reserve suffisante de savon pour les mains et de papier hygienique. Laundry Area 15 Every rooming house wherein a majority of the occupants are on a Nveekly or longer tenancy, shall have a laundry area of not less than 4.6 square metres (50 square feet) for the use of roomers, and equipped Nvith not less than a double laundry tray and running hot and cold Nvater. Storage of Food 16(1) There shall be provided in anv community kitchen a sink Nv th dramboards, and cooking facility and refrigerated food storage of not less than 56,400 cubic centimetres (two cubic feet) of space for each person using the room; and Salle de lavage 15 Toute maison de chambres dont la majorite des locataires louent pour an moins une semaine doit comporter une salle de lavage dune superficie minimale de 4,6 metres carres (50 pieds carres), equipee d'au moins un bac a laver double alimente en can froide et en can chaude courantes, pour 1'usage des locataires. Entreposage des aliments 16(1) Chaque cuisine commune comporte un evier avec egouttoir, un appareil de cuisson et un refrigerateur offrant an moins 56,400 centimetres cubes (deux pieds cubes) d'espace par utilisateur. 16(2) no person shall store perishable food in any 16(2) ll est interdit de conserver des denrees sleeping unit. perissables dans des locaux destines an sommed. Garbage and Its Storage and Disposal 17(1) No rooming house operator shall permit storage or accumulation of rags, refuse, junk or discarded material of anv kind Nvithin a rooming house or the site thereof. Garbage shall be stored in standard closed garbage containers and removed to the exterior garbage enclosure daily. Elimination des dechets 17(1) ll est interdit aux exploitants de maisons de chambres de permettre 1'entreposage on 1'accumulation de chiffons, de dechets on de rebuts de quelque nature qu'ils soient dans la maison de chambres on sur le terrain occupe par celle-ci. Les dechets doivent etre entreposes dans des poubelles standard a couvercle qui doivent etre videes tons les jours dans une enceinte a dechets exterieure. 17(2) Every rooming house operator shall: (a) provide an exterior garbage enclosure which shall be adequate to contain one Nveek's garbage; (b) dispose of the garbage and refuse from the rooming house in accordance Nvith the provisions of the City's "Garbage By-law". 17(2) L'exploitant dune maison de chambres : a) fournit une enceinte a dechets exterieure pouvant recevoir les dechets d'une semaine entiere; b) assure 1'e11mination des dechets et ordures de la maison de chambres conformement aux dispositions de 1'arrete de la ville concernant 1'e11mination des dechets. 7 273 Cleanliness and Good Repair 18 Every rooming house operator shall: (a) maintain the rooming house and site thereof in a thoroughly clean and sanitary condition at all times, including windows and lightwells; (b) maintain the rooming house and site thereof free of insects, rodents and other pests; (c) maintain the rooming house, fixtures, equipment, furnishings and appliances provided therein, in good repair; (d) maintain the interior surfaces in light coloured finishes; (e) maintain all floors and stairs in good repair; (f) have available on the premises at all times, an adequate supply of the mops, brooms, detergent, pails and other cleaning materials and equipment necessary to maintain the premises in a clean condition; (g) provide sufficient maintenance staff to perform room cleaning as well as cleaning of all common use areas, as often as required to keep in a clean condition; (h) paint all exterior fire escapes and exit stairs at least once every three years and shall replace all Nvooden materials in which rot has started. Size and Contents 19 No person shall rent, allow to be rented or occupied, any accommodation in a rooming house: (a) unless it has a ceiling height as specified in the City's Building By-law; Proprete et bon etat de reparation 18 L'exploitant dune maison de chambres : (a) maintient en tout temps la maison de chambres et le terrain sur lequel elle se trouve, y compris les fenetres et les puits de lumiere, en bon etat de proprete et de salubrite; (b) maintient la maison de chambres et le terrain sur lequel elle se trouve exempts d'insectes, de rongeurs et autres parasites; (c) maintient la maison de chambres, les appareils, equipements, meubles et autres accessoires qu'y s'y trouvent en bon etat de reparation; (d) maintient la finition des surfaces interieures en teintes claires; (e) maintient tons les planchers et escaliers en bon etat de reparation; (f) conserve en tout temps sur les lieux un stock suffisant de balais a laver, de balais, de Beaux, de detergents et autres accessoires et materiels de nettoyage pour tenir les lieux en bon etat de proprete; (g) assure un personnel d'entretien suffisant pour nettoyer toutes les chambres et toutes les aires communes aussi souvent que necessaire pour maintenir la maison de chambres en bon etat de proprete; (h) peinture tons les escaliers de secours et tons les autres escaliers de sortie an moins une fois aux trois ans et remplace tons les elements en bois qui ont commence a pourrir. Dimensions et contenu 19 ll est interdit de loner on de permettre que soit loue on occupe dans une maison de chambres un local : (a) dont la hauteur du plafond nest pas conforme a celle prevue dans 1'arrete sur la construction de la ville; 8 274 (b) unless it has at least 4.6m2 (50 square feet) of gross floor area for each occupant; (c) as a sleeping unit, unless the main habitable room has a floor area of at least 9.8 square metres (105 square feet) unless the same Nvas legally occupied as a sleeping room prior to the passing of this By-law; in which case the Standards Officer may approve the use of the Sleeping Unit for a limited period of time up to a maximum of 3 Nears. At the expiration of such limited time approval, the Sleeping Unit must be made to comply Nvith this section or cease to be occupied; (d) as a housekeeping unit unless such unit has a floor area of at least 14 square metres (145 square feet), or unless such unit has a floor area of at least 11.2 square metres (120 square feet), and is occupied by only one person and adequate lounge facilities are provided on the premises; (e) unless otherwise approved by the Standards Officer, each housekeeping unit shall contain: U sink, (ii) cooking facility; (iii) bed, (iv) mechanically refrigerated food storage space in the proportion of two cubic feet for each occupant; and may contain other accessory furniture and storage facilities; (f) unless othenvise approved by the Standards Officer, each sleeping unit shall contain: U bed, (ii) satisfactory facilities for storing clothing and personal effects; (b) qui compte moins de 4,6 m2 (50 pieds carres) d'aire de plancher brute pax occupant; (c) comme local destine all sommeil a moins que la piece habitable principale alt une afire de plancher d'au moins 9,8 metres carres (105 pieds carres), sauf si le local etait legalement occupe comme local destine all sommeil avant 1'adoption du present arrete, auquel cas 1'agent des normes peut approuver 1'utilisation du local destine all sommeil pour une duree limitee maximale de trois ans. All terme de cette periode, le local destine all sommeil dolt etre rendu conforme all present article, smon it ne dolt plus etre occupe; (d) comme unite d'habitation a moins que cette unite d'habitation ait une afire de plancher d'au moins 14 metres carres (145 pieds carres) on, en cas d'occupation simple, d'au moins 11,2 metres carres (120 pieds carres) s'il y a un coin salon adequat sur les lieux. (e) A moins d'approbation contraire de 1'agent des normes, chaque unite d'habitation comporte : (i) un evier, (ii) de 1'equipement de cuisine; (iii) un lit, (iv) un refrigerateur electrique pour 1'entreposage de produits alimentaires a raison de deux pieds cubes par occupant. L'unite peut comporter d'autres meubles accessoires et installations de stockage. (fl a moins d'approbation contraire de 1'agent des normes, chaque local destine all sommeil comporte (1) un lit, (ii) des installations suffisantes pour ranger des vetements et 9 275 effets personnels. and may contain other accessory furniture and storage facilities. Bedding and Furnishings 20(1) Except where provided by the tenant, every rooming house operator shall provide sufficient bedding, mattresses and toNvels to all sleeping and housekeeping units, and shall maintain such articles in a clean and sanitary condition. Mattresses shall be provided N ith covers Nvhich shall be maintained in a clean and sanitary condition. Clean linen shall be provided at least once every two weeks and Nvhenever there is a change of tenant. 20(2) Except where provided by the tenant, every rooming house operator who provides furnished accommodations shall maintain such furnishings in a clean and wholesome condition. Roomers' Registry 21 Every rooming house operator shall, before alloNving any roomer to take possession of accommodation, enter, in a register kept for such purpose, in at least one (or both) of the official languages : (a) the full name and permanent or last address of every such roomer; (b) an identification, either by number or description of the accommodation allotted to every such roomer; (c) the hour and date every such roomer takes possession; (d) the hour and date every such roomer gives up possession; Nvhich shall be maintained up-to-date and available to the Standards Officer at all reasonable times. (a) le nom complet et 1'adresse permanente on la derniere adresse du locataire; (b) le numero on 1'identification descriptive de la chambre louee all locataire; (c) 1'heure et la date de la prise de possession de la chambre; (d)1'heure et la date ou le locataire quitte la chambre. Fire Protection Measures Mesures de protection incendie Le local peut comporter d'autres meubles accessoires et installations de stockage. Literie et ameublement 20(1) Sauf si le locataire s'en charge,l'exploitant d'une maison de chambres est tenu de doter chaque local destine all sommeil et chaque unite d'habitation de matelas, literie et serviettes en quantite suffisante et de les garder en bon etat de proprete et de salubrite. Les matelas doivent etre proteges all moyen dun couvre-matelas qui dolt etre garde propre et hygienique. La literie et les serviettes doivent etre changees all moins une fois aux deux semaines et a chaque changement de locataire. 20(2) Sauf si le locataire s'en charge,l'exploitant d'une maison de chambres meublees est tenu de maintenir 1'ameublement des chambres propre et en bon etat. Registre des locataires 21 Avant de laisser un locataire prendre possession dune chambre, 1'exploitant dune maison de chambres inscrit dans un registre tenu a jour a cette fin et accessible a toute heure raisonnable a 1'agent des normes, dans Tune all moins des deux langues officielles (on dans les deux) : 10 276 22 The provisions of section 2.11 of the National Fire Code of Canada, 1980, and the New Brunsv ck Smoke Alarms and Smoke Detectors Regulation - Fire Prevention Act 482-95 (O.C. 82- 412, Pp. 1217-1221 Royal Gazette, June 16, 1982) shall apply. Miscellaneous 23 Every rooming house operator shall: (a) identify all accommodations by number or letter, or combination of both, posted on the entrance to the unit; (b) have available at all times in a conspicuous place in the rooming house a printed copy of this By-law, together with the name, address and telephone number of the rooming house operator. Non-Residential Properties 24 Sections 25 to 42, inclusive, prescribe the standards for non-residential property situated in the Citv of Saint John. Yards 25(1) In this section "yard" means the land other than publicly ovmed land around and appurtenant to the whole or any part of a building and used or intended to be used, or capable of being used, in connection Nsith the building. (a) identifie toutes les chambres an moyen d'un numero on dune lettre on dune combinaiion des deui, places a Fentree de la chambre; (b) affiche a un endroit bien en vue dans la maison de chambres une copie imprimee du present arrete, ainsi que son nom, son adresse et son numero de telephone. Biens non residentiels 24 Les articles 25 a 42 inclusivement prescrivent les normes touchant les biens non residentiels situes dans la ville de Saint John. Cours 25(1) Pour les fins du present article, le terme cour » s'entend du terrain prive entourant tout on partie dun batiment et en dependant, qui est on peut etre utilise en rapport avec ce batiment. 25(2) Yards shall be kept clean and free from 25(2) Les cours sont tenues propres et eiemptes rubbish or other debris. d'ordures on autres debris; 25(3) Any vehicle, mechanical equipment or object which is in a vrecked or dismantled condition shall be removed from the land, unless a business requires such storage for its business operations and the storage area is defined and enclosed Nvith an approved fence or barrier and screened. 25(3) Nul ne doit laisser sur son terrain des debris de vehicules, d'equipements mecaniques et d'objets sauf si leur entreposage est essentiel a la conduite des affaires dune entreprise et si faire d'entreposage est bien delimitee, fermee et cachee an moyen dune cl6ture on dune barriere approuvee. 25(4) All outdoor salvage yards shall be obscured by approved screening from surrounding property. 22 S'appliquent les dispositions de Particle 2.11 du Code national de prevention des incendies Canada 1980 et du Reglement du Nouveau- Brunswick 82-95 intitule Reglement szr les avertisseurs et detecteurs de fizmee - Lot szr la prevention des incendies (D.C. 82-412, p. 1217- 1221, Gazette royale, 16 juin 1982). Divers 23 L'eiploitant dune maison de chambres : 25(4) Tons les dep6ts d'objets de recuperation ezterieurs doivent etre caches des proprietes attenantes an moyen dun ecran approuve. 25(5) All areas used for vehicular traffic and 25(5) Toutes les aires servant a la circulation et 11 277 parking shall be gravelled or paved Nvith bituminous, concrete or approved surfacing and shall be kept in good repair and free from dirt and litter. 25(6) Lavns, hedges and bushes shall be kept trimmed and shall not be alloNved to become over- grom-,n and unsightly. Sewage and Drainage 26(1) Sewage or organic waste shall only be discharged into a municipal seNverage system or by other approved means. 26(2) Rain water doN-,nspouts and eavestroughs shall not discharge directly to adjacent property or on Nvalkwavs. 26(3) Sub-surface drainage shall be installed Nvhen there is recurrent excessive ponding caused by surface water. Safe Passage 27 Steps, Nvalks, driveNvays, parking spaces and similar areas of the yard shall be maintained so as to afford safe passage under normal use and weather conditions. Accessory Buildings 28(1) An accessory building shall be kept in good repair and shall be free from health and fire hazards. 28(2) Where an accessory building or the land is infested Nvith insects, rodents or other pests, all necessary steps shall be taken to eliminate the insects, rodents and other pests to prevent their reappearance. Fences 29(1) A fence or approved barrier shall be installed around the parking area of drive-in eating establishments and similar businesses, except at the private approaches, and shall be constructed in such all stationnement de vehicules doivent etre gravillonnees, asphaltees, betonnees on revetues d'un materiau approuve, maintenues en bon etat de reparation et exemptes de saletes et de dechets. 25(6) Les pelouses doivent etre tondues et les hales et buissons tailles pour eviter qu'ils n I envahissent les lieux et deviennent inesthetiques. Evacuation des eaux usees et des eaux pluviales 26(1) Les eaux usees on dechets organiques doivent seulement se deverser dans un reseau d'egouts municipal on etre elimines par d'autres moyens approuves. 26(2) Les descentes pluviales et gouttieres ne doivent pas se deverser sur les proprietes attenantes on sur les allees pour pietons. 26(3) Un reseau de drainage souterrain est amenage lorsque les eaux de ruissellement forment a repetition d'importantes flaques d'eau. Passage sur 27 Les marches, trottoirs, entrees, emplacements de stationnement et autres endroits analogues dune cour doivent etre entretenus de faron a en permettre un passage sur dans des conditions atmospheriques et d'utilisation normales. Batiments accessoires 28(1) Tout batiment accessoire dolt etre garde en bon etat de reparation et ne rien renfermer qui puisse provoquer un incendie on constituer un risque pour la saute. 28(2) Lorsqu'il existe des insectes, des rongeurs nuisibles on autres parasites dans un batiment accessoire on sur le terrain, toutes les mesures necessaires doivent etre prises pour les exterminer et empecher leur retour. C16tures 29(1) Une cl6ture on barriere de type approuve dolt etre installee autour de faire de stationnement des restauvolants et etablissements similaires, sauf aux entrees privees, de faron a empecher que le 12 278 a manner as to prevent all cartons, Nvzappers, papers, rubbish and debris from bloNving onto adjoining property. 29(2) All fences, barriers and retaining walls around or on non-residential land shall be: (a) kept in good repair; (b) free from accident hazards; and (c) protected by paint, preservative or other weather-resistant material. Signs 30 All signs and billboards including their supporting members shall be maintained in good repair and any signs Nvhich are excessively Nveathered or faded, or those upon Nvhich the paint has excessively peeled or cracked, shall be removed, repainted or replaced. Structural Soundness 31(1) Every part of a building shall be maintained in a structurallv sound condition, capable of sustaining safely its oN-,n Nveight and any load to which it may be subjected. 31(2) Materials which have been damaged or show evidence of rot or other deterioration shall be repaired or replaced. 31(3) All exterior surfaces shall be of materials Nvhich provide adequate protection from the Nveather and maintained in good repair Nvith proper anchorage and in a safe condition. 31(4) Paint all exterior fire escapes and exit stairs at least once everv three years and shall replace all Nvooden materials in Nvhich rot has started. Exterior Walls 32(1) Exterior walls and their components shall be maintained and properly anchored to prevent vent puisse souffler les cartons, papiers d'emballage alimentaire, papiers et autres dechets sur les proprietes attenantes. 29(2) Tons les murs de retenue, clotures et barrieres entourant un terrain residentiel on etablis sur celui-ci doivent etre a) maintenus en bon etat de reparation; b) exempts de risques d'accident; C) proteges all moven de peinture, agents de preservation on autres materiaux a 1'epreuve des intemperies. Panneaux 30 Tons les panneaux et tableaux d'affichage, v compris leurs elements de soutien, doivent etre maintenus en bon etat de reparation et tons les panneaux qui sont trop alteres on defraichis on dont la peinture est trop craquelee on ecaillee doivent etre enleves, repeints on remplaces. Integrite structurale 31(1) Chaque partie dun batiment dolt etre gardee dans un etat structural sur pouvant supporter en toute securite son propre poids ainsi que tout poids susceptible de s'y ajouter. 31(2) Les materiaux endommages on qui montrent des signes de pourriture on autres formes de deterioration doivent etre repares on remplaces. 31(3) Toutes les surfaces exterieures doivent etre construites de materiaux offrant une protection suffisante contre les intemperies et maintenues en bon etat de reparation, bien implantees et securitaires. 31(4) Tons les escaliers de secours et autres escaliers de sortie doivent etre peintures all moins une fois aux trois ans et tons les elements en bois qui ont commence a pourrir doivent etre remplaces. Murs exterieurs 32(1) Les murs exterieurs et leurs elements doivent etre entretenus et bien implantes de faron a 13 279 their deterioration due to Nveather rot and insects 32(2) All canopies, marquees, signs, avmings, stainvays, fire escapes, standpipes, exhaust ducts, and similar projections, shall be maintained in good repair, properly anchored and protected against decay or deterioration by the periodic application of an approved Nveather coating material. 32(3) All air conditioners which are installed and operated directly over a public sideNvalk shall be equipped Nvith proper devices for the prevention of condensation drainage upon the sideNvalk. 32(4) All air conditioners shall be securely anchored and maintained in a safe mechanical and electrical condition. Walls and Ceilings 33 Every wall and ceiling finish shall be maintained free of holes, loose coverings or other defects. Roofs 34 The roof, cornice and flashing shall be maintained in a Nvater-tight condition so as to prevent leakage of Nvater into the building. Doors and Windows 35(1) Windows, doors and other exterior openings, shall be maintained in good repair and Nveatherproofed to prevent the entrance of Nvind or rain into the building. 35(2) Rotted or damaged doors, door frames, Nvindow frames, sashes and casings, weather- stripping, broken glass and defective door and window hardware shall be repaired or replaced. 35(3) All Nvindovos intended to be opened and all exterior doors shall have hardware so as to be capable of being locked or othenvise secured from inside the building. empecher leur deterioration par les intemperies, la pourriture et les insectes. 32(2) Tous les auvents, marquises, avancees, panneaux, escaliers, escaliers de secours, colonnes montantes, conduits d'evacuation et autres saillies de meme nature doivent etre maintenus en bon etat de reparation, bien implantes et proteges contre la degradation ou la deterioration par application periodique dun revetement a 1'epreuve des intemperies. 32(3) Tous les climatiseurs installes directement au-dessus dun trottoir public doivent etre equipes d'accessoires adequats empechant 1'eau de condensation de tomber sur le trottoir. 32(4) Tous les climatiseurs doivent etre bien ancres et maintenus en etat mecanique et electrique securitaire. Murs et plafonds 33 Les murs et les plafonds doivent etre maintenus exempts de trous, de revetements mal fixes ou d'autres defauts. Toits 34 Le toit, les corniches et les solins doivent etre maintenus etanches afin d'empecher 1'eau de penetrer a 1'interieur du batiment. Portes et fenetres 35(1) Les fenetres, les portes et autres ouvertures exterieures doivent etre maintenues en bon etat de reparation et d'etancheite de faron a empecher que le vent et la pluie ne penetrent a 1'interieur du batiment. 35(2) Les portes, encadrements de porte, encadrements de fenetre, chassis et dormants pourris ou endommages, les coupe-bise et les vitrages brises et la ferronnerie defectueuse des portes et fenetres doivent etre repares ou remplaces. 35(3) Toutes les fenetres qui ouvrent et toutes les portes exterieures doivent comporter des ferrures permettant de les verrouiller ou de les condemner de 1'interieur du batiment. 14 280 Stairs, Porches and Landings 36(1) Inside or outside stairs and landings shall be maintained free from defects which may constitute a hazard and all treads, risers, or supporting structural member which are rotted or deteriorated shall be repaired or replaced and must have concrete pads. 36(2) Every porch, balcony and supporting structural member shall be maintained so as to be free of rot, deterioration or other defects by replacing, repairing or painting. Egress 37(1) Every person shall have safe, continuous and unobstructed access to an exit at street or grade level. 37(2) There shall be provided two (2) means of egress from every floor area, where the Standards Officer considers that the existing exits are inadequate for the safety of every person in the building. Floors 38(1) Every floor shall be reasonably level and smooth and maintained in good condition. 38(2) All floor coverings shall be maintained in good condition and where installed in bathrooms, toilet rooms or shower rooms, shall be of a water repellent material. Toilet Room Facilities 39(1) Buildings other than accessory buildings where people are present shall have a minimum of one water closet and one wash basin supplied with hot and cold running Nvater located in an enclosed room conveniently accessible to the employees. 39(2) All toilet rooms shall be fully enclosed and Nvith a door capable of being locked from the inside only to provide privacy for the occupant. Escaliers, porches et paliers 36(1) Les escaliers et paliers exterieurs on interieurs doivent etre entretenus de faron a ne comporter aucun defaut susceptible de provoquer un accident et tons les girons, contremarches on elements de soutenement qui sont pourris on deteriores doivent etre repares on remplaces, et ils doivent prendre appui sur un socle en beton. 36(2) Tons les balcony, porches et elements de soutenement doivent etre entretenus de faron a etre exempts de pourriture, de deterioration on d'autres defauts par le remplacement, la reparation on le peinturage de leurs elements. Issues 37(1) Chaque personne doit avoir un acces sur, continu et non obstrue a une issue an niveau du sol on de la rue. 37(2) Deux issues distinctes doivent etre prevues a chaque etage dont les issues existantes n'assurent pas, de 1'avis de 1'agent des normes, la securite de toutes les personnel dans le batiment. Planchers 38(1) Tons les planchers doivent etre raisonnablement de niveau et lisses et maintenus en bon etat. 38(2) Tons les revetements de sol doivent etre maintenus en bon etat et, dans les salles de bain, de toilette on de douche, ils doivent etre en materiaux impermeables. Salles de toilette 39(1) Les batiments occupes, autres que les batiments accessoires, doivent comporter an moins un cabinet d'aisances et une cuvette de lavabo alimentee en can courante chaude et froide, situee dans une piece close aisement accessible aux employes. 39(2) Toutes les salles de toilettes doivent etre completement closes et comporter une porte se verrouillant de 1'interieur pour garantir 1'intimite de 1'utilisateur. 15 281 39(3) All toilet facilities and toilet rooms shall be kept clean at all times and the toilet room walls and ceilings shall be provided with a water-tight surface. Where paint is used, as the surface coating, it shall be maintained in good condition. 39(4) Every toilet room shall be provided Nvith an opening or openings for natural ventilation located in an exterior Nvall or through openable parts of skylights and all such openings shall have a minimum aggregate unobstructed free-flow area of 929 square centimetres (one square foot). 39(5) An opening for natural ventilation may be omitted from a toilet room Nvhere an approved system of mechanical exhaust ventilation has been provided. Basements, Cellars and Unheated Crawl Spaces 40 Basements, crawl spaces or cellars shall be kept dry of water on floors by use of ventilation, floor drains or other approved means. Dampness 41 The interior floors, ceilings and Nvalls shall be kept free from dampness arising from the entrance of moisture through an exterior Nvall or a roof, or through a cellar, basement or crawl space floor. Foundations 42 The foundation Nvalls shall be maintained in good repair and structurally sound and Nvhen required by the Standards Officer shall be so maintained by shoring of the walls, installing subsoil drains at the footing, grouting masonry cracks, parging, Nvaterproofing the Nvalls or other appropriate measures. Notice For Compliance To Standards 43(1) Where the ovmer and/or occupant of property fails to repair or maintain such property in accordance with the requirements of this By-law 39(3) Toutes les installations d'aisances et salles de toilette doivent etre maintenues propres en tout temps et leurs murs et plafonds doivent avoir un revetement impermeable. La ou ce revetement est de la peinture, celle-ci doit etre maintenue en bon etat. 39(4) Toutes les salles de toilette doivent comporter une on plusieurs ouvertures de ventilation naturelle amenagees dans un mur exterieur on dans une partie ouvrante dune lucarne faitiere, et chaque ouverture dolt presenter une superficie totale non obstruee minimale de 929 centimetres carres (un pied carre). 39(5) ll nest pas exige d'avoir une ouverture de ventilation naturelle dans une Salle de toilette equipee dun dispositif de ventilation mecanique approuve. Sous-sols, caves et vides sanitaires non chauffes 40 Les sous-sols, les vides sanitaires on les caves doivent etre maintenus exempts d'eau all sol all moyen de ventilation, d'avaloirs de sol on d'autres moyens approuves. Humidite 41 Les planchers, plafonds et murs interieurs doivent etre maintenus exempts d'humidite provenant des murs exterieurs on du toit on du plancher dune cave, dun sous-sol on dun vide sanitaire. Fondations 42 Les murs de fondition doivent etre maintenus en bon etat de reparation et dans un etat structural sur et, a la demande de 1'agent des normes, doivent etre maintenus dans un tel etat par etayage des murs, installation de drains souterrains a la base de la construction, obturation des fentes de la maronnerie, crepissage, impermeabilisation des murs et emploi d'autres moyens appropries d' entretien. Avis visant la non-conformite aux normes 43(1) Lorsque le proprietaire et/ou Foccupant d'une propriete omet de reparer on d'entretenir la propriete en conformite avec les exigences du 16 282 the Standards Officer may; (a) by vritten notice served personally on or sent by registered mail to such owner and/or occupant stating how the property fails to comply Nvith the standards and delineate Nvork required to repair and the time limits Nvithin which to ensure compliance is to be carried out, (b) if, in the opinion of the Standards Officer, it Nvould not be economic to repair a building, accessory building or fence forming part of such property, recommend that the Council take the necessary action under appropriate legislation applicable to the City to require the removal of such building, accessory building or fence. present arrete,l'agent des normes peut : a) par avis ecrit signifie personnellement on envoye par courrier recommande, indiquer all proprietaire on a 1'occupant le defaut de conformite auz normes, les travauz a effectuer pour remettre la propriete en etat et le Mai imparti pour ce faire; b) s'il estime qu'il nest pas economique de reparer un batiment, un batiment accessoire on une cloture faisant partie de la propriete, recommander all conseil de prendre les mesures necessaires prevues dans les lois applicables a la municipalite pour exiger 1'enlevement du batiment, du batiment accessoire on de la cloture. 43(2) Each Notice under clause (a) of subsection 43(2) Chaque avis signifie en vertu de (1) shall; 1'alinea (1)a) : (a) describe the property by: (1) name, if any, (ii) municipal address or location; and a) decrit la propriete par : (i) son nom, le cas echeant, (ii) son adresse on son emplacement dans la municipalite, (iii) Land Registration Information number or any other legal description; (b) state that the property fails to comply Nvith the standards herein contained; (c) give detailed particulars of the deficiencies; (d) state the time within which the repairs or other actions are to be effected, Nvhich time shall not be less than thirty calendar days from the date of the serving of the Notice; (e) state that if the repairs or other actions are not effected N thin the time specified, the Standards Officer may make an Order to have the necessary Nvork done or carried out, and that non-compliance of the Order may lead to prosecution; (iii) le numero d' enregistrement foncier on toute autre description juridique; b) precise que la propriete nest pas conforme auz normes prevues dans le present arrete; c) donne des details des defauts; d) indique le Mai imparti pour effectuer les reparations on prendre toute autre mesure necessaire, Mai qui ne doit pas etre inferieur a trente j ours a compter de la date de signification de 1' ordre; e) precise que, si les reparations ne sont pas effectuees on si les autres mesures necessaires ne sont pas prises dans le Mai imparti, 1'agent des normes peut ordonner 1'eiecution des travauz necessaires et que le non-respect de Pordonnance peut 17 283 entramer des poursuites; (f) state the right to a Review Hearing to be held by the Standards Officer to determine what action must be taken Nvith respect to the property, (g) that the oN-,ner and or occupant may apply to appear at the Hearing by not later than fourteen (14) days after the service of the Notice, (h) inform the oN-,ner and/or occupant that he or his representative may appear at the said Review Hearing and make such presentations and present such evidence as he so desires and that in the event that, (i) the oN-,ner and/or occupant does not apply for a review within the fourteen davs after the service of the Notice, or (ii) the oN-,ner and/or occupant or his representative does not appear at the said Hearing, fl indique le droit a une audience de revision tenue par 1'agent des normes pour determiner les mesures a prendre a 1'egard de la propriete; g) indique que le proprietaire et/ou 1'occupant peut demander a etre entendu a 1'audience an plus tard quatorze jours apres la date de signification de 1'avis, h) informe le proprietaire et/ou 1'occupant que lui on son representant peut comparaitre a 1'audience de revision pour presenter des arguments et produire des elements de preuve et que 1'agent des normes peut rendre une ordonnance 1'enjoignant a se conformer an present arrete, dans Tune on 1'autre des eventualites suivantes : (i) le proprietaire et/ou 1'occupant n'a pas demande revision dans les quatorze jours de la date de signification, (ii) le proprietaire et/ou 1'occupant on son representant ne s'est pas presente a 1'audience. an Order may be made by the Standards Officer to require compliance N ith this By-law. 43(31) A Notice sent by registered mail to an oN-,ner and/or occupant is deemed to be received by the oN-,ner and/or occupant upon the expiration of six (6) days after the deposit thereof in the mails and sent by registered post in an envelope Nvith postage prepaid and addressed to the oN-,ner and/or occupant at his last knoN-,n address. 43(31) L'avis envoye a un proprietaire et/ou un occupant par courrier recommande est repute avoir etc reru par le proprietaire et/ou 1'occupant six jours apres sa mise a la poste par courrier recommande, port paye, expedie a sa derniere adresse comme. 43(4) Proof of service of a Notice under clause (a) of subsection (1) may be by a certificate or an affidavit purporting to be signed by the Clerk naming the person on or to whom the Notice Nvas served or sent and specifying the time, place and manner thereof. 43(5) A Notice to comply to standards may be filed by the Clerk in the Land Registry Office for 43(4) La preuve qu'un avis a etc signifie en vertu de 1'alinea (1)a) pent etre etablie an woven d'un certificat on dun affidavit presente comme etant signe par le greffier et indiquant le nom de la personne a laquelle 1'avis a etc signifie ainsi que 1'heure, la date, le lieu et le mode de signification. 43(5) L'avis de se conformer aux normes peut etre depose par le greffier an bureau 18 284 the Countv of Saint John against the affected d'enregistrement foncier du comte de Saint John a property. 1'egard de la propriete visee. Application For Review 44(1) (a) Where an owner or occupant has been served with a Notice under section 43 for compliance to standards is not satisfied with the terms, conditions or requirements of the Notice, he may apply to the Property Standards Officer, P.O. Box 1971, City Hall, Saint John, N.B., E2L 4LL by sending an application by registered mail to the Standards Officer within fourteen (14) days after service of the Notice, and, in the event that no application is taken, the Notice shall be deemed effective as an Order of the Standards Officer to require the owner or occupant, as the case might be, to comply with this By-laws as required by the said Notice. Demande de revision 44(1) Le proprietaire on 1'occupant a qui est signifie un avis de se conformer aux normes en application de Particle 43 et qui nest pas d'accord avec les modalites, conditions on exigences peut demander la revision de Favis en faisant parvenir sa demande, par courrier recommande, a 1'agent des normes de propriete, C.P. 1971, Hotel de ville, Saint John, N.-B., E2L 4L1, dans les quatorze jours de la date de signification de 1'avis. En Fabsence de demande de revision, Favis est repute constituer un ordre de 1'agent des normes imposant all proprietaire on a 1'occupant, selon le cas, l'obligation de se conformer all present arrete tel qu'il lux a ete ordonne dans Favis signifie. 44(2) Each application for review shall; (a) state with reasonable particularity the grounds for the review; (b) state the name, address, and interest of the applicant in the property; and (c) be dated, and signed by the applicant or on his behalf by his agent and, if signed by an agent, shall state the name and address of the agent. a) indique de faron raisonnablement detaillee les motifs a 1'appui de la demande; b) indique le nom et 1'adresse du requerant et son interet dans la propriete; C) est datee et signee par le requerant on par son representant pour son compte et, si elle est signee par son representant, indique le nom et 1'adresse de celui-ci. 44(3) The Standards Officer, in receipt of an 44(3) Sur reception dune demande de revision, application for a review; shall: 1'agent des normes : (a) determine the date, place and time of the hearing for the review which shall take place not less than seven (7) days and not more than thirty (30) days from the date of receipt of the aforesaid application; and (b) give notice in wziting of the date, place and time of the hearing referred to in paragraph (a) to, (i) the applicant (ii) any owner and/or occupant of 44(2) La demande de revision : 19 285 a) fire la date, le lieu et 1'heure de 1'audience de revision, qui dolt etre tenue entre le septieme et le trentieme jour suivant la reception de la demande; b) donne un avis ecrit de la date, du lieu et de 1'heure de 1'audience visee a 1'alinea a) : (i) a 1'auteur de la demande, (ii) a tout autre proprietaire the premises. Reviews, Decisions and Orders 45(1) The Standards Officer, or his designate, shall hold the hearing referred to in sections 43 and 44 at the place and time set out in the notice referred to in section 44(3). et/ou occupant des lieux. Revisions, decisions et ordres 45(1) L'agent des normes, ou son agent delegue, tient 1'audience visee aux articles 43 et 44 au lieu et a 1'heure mentionnes dans 1'avis vise au paragraphe 44(3). 45(2) The Standards Officer, or his designate, is 45(2) L'agent des normes, ou son agent delegue, not bound by technical rules of evidence. nest pas lie par les regles de la preuve. 45(3) The applicant and/or his representative, may appear at the hearing, to present his case. 45(3) L'auteur de la demande et/ou son representant peuvent comparaitre a 1'audience pour presenter sa cause. 45(4) The City may be represented at the hearing by the City Solicitor, or his duly authorized subordinate or assistant, who is entitled to reply to the case presented on behalf of the applicant. 45(4) La ville peut etre representee a 1'audience par 1'avocat municipal ou son adjoint ou subordonne dument autorise, lequel est autorise a defendre la position de la ville quant a la cause plaidee par le demandeur. 45(5) The Standards Officer or his designate 45(5) L'agent des normes ou son agent delegue shall afford to every person concerned the opportunity to, (a) be heard, to submit evidence and to hear the evidence of others; and (b) shall make and keep a N ritten record of the proceedings of the Hearing, which may be in the form of a summary of the evidence, presented thereat. 45(6) The Standards Officer shall consider each review having due regard to the circumstances and merits of the case and to this By-law. 45(7) Within six weeks after the Review Hearing the Standards Officer may make an Order or Orders requiring the oN-,ner and/or occupant to make the property conform to the standards Nvithin a period of time not to exceed ninety (90) days. 45(8) The Standards Officer shall notify; (a) the Applicant; a) donne a tout interesse la possibilite de se faire entendre, de presenter sa preuve et d'entendre celle des autres parties; b) dresse et conserve le proces-verbal de 1'audience qui peut prendre la forme d'un resume de la preuve v presentee. 45(6) L'agent des normes etudie chaque cas en tenant juste compte des circonstances et du fond de la cause et des dispositions du present arrete. 45(7) Dans les six semaines de la tenue de 1'audience de revision, 1'agent des normes peut rendre une ou des ordonnances enjoignant au proprietaire et/ou a 1'occupant de rendre la propriete conforme aux normes dans un delai maximal de quatre-vingt-dix fours. 45(8) Dans les soixante jours suivant 1'audience, 1'agent des normes signifie une copie de sa decision personnellement ou par courrier recommande aux personnes suivantes 20 286 a) 1auteur de la demande; (b) any other person who appeared at the hearing of the appeal; and (c) the Building Inspector b) toute autre personne avant comparu a 1'audience; C) 1'inspecteur des batiments. of the decision, by causing a copy to be served personally or by registered mail Nvithin sixty (60) days from the date on Nvhich the Hearing is held. 45(9) An Order of the Standards Officer may be filed by the Cleric in the Land Registry Office for the County of Saint John against the affected property. 45(9) L'ordonnance de 1'agent des normes peut etre deposee par le greffier an bureau d'enregistrement foncier du comte de Saint John a 1'egard de la propriete visee. 45(10) An Order of a Standards Officer shall be 45(10) L'ordonnance de 1'agent des normes est final. definitive. Following An Order 46(1) Where an Order to Comply to Standards has been served on the oN-,ner and/or occupant, he shall repair such property as delineated in the Notice N thin the time limit prescribed therein. Execution de l'ordonnance 46(1) Le proprietaire et/ou 1'occupant a qui est signifie une ordonnance de se conformer aux normes est tenu de reparer la propriete selon les exigences de Pordonnance revue et dans le delai y imparti. 46(2) No oN-,ner and/or occupant shall, after the Order to Comply to Standards has been deemed effective, pursuant to this section, use, permit the use of, rent, or offer to rent any property or part thereof that does not conform to the standards herein contained. 46(3) Where an Order of the Standards Officer is directed to an oN-,ner and/or occupant to repair under the provision of subsection (1) hereof and the building or part thereof affected is used or occupied by a person or persons holding or occupying such building or part thereof under the provisions of a lease, oral or vritten, the Standards Officer may order the said person or persons to vacate the said dwelling within a period of time not to exceed ninety (90) days. 46(4) The provisions of subsections 43(3) to 43(5), inclusive, shall apply, mutatis mutandis, to an Order pursuant to this section. 46(2) ll est interdit an proprietaire et/ou a 1'occupant d'utiliser toute propriete on partie de propriete non conforme aux normes du present arrete, den permettre 1'utilisation, de la loner on de l'offrir en location apres qu'une ordonnance de se conformer prevue an present article est reputee executoire. 46(3) Lorsqu'une ordonnance de reparer visee an paragraphe (1) est donnee par 1'agent des normes a un proprietaire et/ou un occupant et que le batiment on la partie de batiment vise est utilise on occupe par une on plusieurs personnes aux termes dun bail, oral on ecrit, 1'agent des normes peut ordonner a cette personne on a ces personnel de quitter les lieux dans un delai maximal de quatre-vingt-dix jours. 46(4) Les dispositions des paragraphes 43(3) a 43(5) inclusivement s'appliquent, avec les adaptations necessaires, a Pordonnance donnee en vertu du present article. 46(5) The occupant of any building or part 46(5) L'occupant de tout on partie dun batiment thereof to the extent that he is made responsible by est tenu de reparer et d'entretenir son habitation 21 287 the lease or agreement under which he occupies the building or part thereof, shall be required to repair and maintain the dwelling in accordance with the standards. 46(6) Every oN-,ner shall have the right to enter and repair any building or part thereof pursuant to an Order, notNvithstanding anything contained in or resulting from a lease or agreement pursuant to which possession of the building or part there of has been given to another person. Posting Orders of the Standards Officer 47(1) A Standards Officer or a Standards Inspector may post, place or cause to be placed a sign, placard or notice on a premises which shall state that the premises are subject to an Order to bring the property to the Minimum Property Standards pursuant to this By-law. 47(2) Where an Officer or an Inspector has placed or caused the placing of a sign, placard, or notice upon any premises under the authority of this section of this By-law, no person shall remove or deface such sign, placard or notice except Nvith the consent of the Standards Officer. Repairs or Alterations 48 Any repairs or alterations to buildings or dwellings, or any part thereof, or changes of use therein, which may be caused directly or indirectly by the enforcement of this By-law, shall be carried out in accordance Nvith the provisions of the Building By-law and in accordance Nvith the provisions of the Zoning By-law of the City, and an-,T amendments thereto. Violations and Penalty 49(1) Any person who obstructs or interferes with anv of the Standards Inspectors or the Standards Officer in the performance of their duties under this By-law is guilty of an offence. 49(2) A person who contravenes any provision of this By-law is guilty of an offence; and is liable on conviction to a fine of not less than Seventv Dollars ($70.00) and not more than Five Hundred Dollars ($500.00). conformement aux normes dans la mesure ou son bail on Fentente en vertu de laquelle it occupe tout on partie du batiment le rend responsable de F entretien des lieut. 46(6) Le proprietaire dun batiment a le droit de penetrer dans tout on partie de son batiment afin d'v effectuer les reparations exigees dans une ordonnance, malgre ce qui est prevu dans le bail on Fentente de cession des lieux conclu avec une autre personne on ce qui en decoule. Affichage des ordonnances de 1'agent des normes 47(1) Un agent des normes on un inspecteur des normes du batiment peut afficher, placer on faire placer sur les lieux un panneau, une plaque on un avis indiquant que les lieux sont vises par une ordonnance de se conformer aux normes minimales d'entretien prevues an present arrete. 47(2) Lorsqu'un agent des normes on un inspecteur des normes du batiment a place on fait placer un panneau, une plaque on un avis sur des lieux en vertu du present arrete, it est interdit de Fenlever on de 1'obliterer, sauf avec le consentement de Fagent des normes. Reparations on modifications 48 Toutes reparations on modifications a tout on partie dun batiment on dune habitation on tout changement d'utilisation de ceux-ci decoulant directement on indirectement de 1'application du present arrete se fait conformement aux dispositions de Farrete de construction et de Farrete de zonage de la ville, ensemble leurs modifications. Violations et peines 49(1) Quiconque gene on entrave un inspecteur des normes du batiment on 1'agent des normes dans 1'exercice de ses fonctions en application du present arrete commet une infraction. 49(2) Quiconque contrevient aux dispositions du present arrete commet une infraction et est passible, sur declaration de culpabilite, dune amende d'au moins soixante-dix dollars et d'au plus cinq cents dollars. 22 288 Repeal 50 A by-lacy of The City of Saint John enacted on the eighth day of November, 1982 entitled "A BNT-laNy Respecting Standards For Maintenance And Occupancy Of Buildings And Premises" and all amendments thereto is repealed on the coming into force of this by-law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by-lacy the 5"' day of JuIv, A.D. 2004 and signed by: Abrogation 50 Uarrete de The Citv of Saint John edicte le 8 novembre 1982 et intitule A By-law Respecting Standards For Maintenance And Occupancy Of Buildings And Premises, ensemble ses modifications, est abroge des Yentree en vigueur du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 5 juillet 2004, avec les signatures suivantes : Mavor/Maire Citv Clerk/Greffier communal First Reading - June 21, 2004 Premiere lecture - 21 juin 2004 Second Reading - JuIv 5, 2004 Deuxieme lecture - 5 juillet 2004 Third Reading - July 5, 2004 Troisieme lecture - 5 juillet 2004 23 289 SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E2L 4L1 Bureau des Commissaires du Service de Police de Saint John C.P. 1971 Saint John Nouveau-Brunswick Canada E2L 4LI ANDREW BRITTON Chair/President DAVID EMERSON Vice Chair/Vice President CHARLENE HAYES Secretary/Secretaire IVAN COURT Commissioner/ Commissaire DONALD F. CULLINAN Commissioner/Commissaire PETER MCGUIRE Commissioner/Commissaire CHRISTOPER WALDSCHUTZ Commissioner/Commissaire ALLEN G. BODECHON Chief of Police/Chef de Police SARAH WILSON Executive Secretary/ Secretaire Administrative Telephone/Telephone: (506) 674-4142 Fax/Telecopieur: (506) 648-3304 E-mail/Courriel: sarah.wilson@sain john.ca l~ W SAINT JOHN Explore our past/ Explorez notre passe Discover your future/ Decouvrez votre avenir July 7, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: Re: Saint John Board of Police Commissioners 2007 Operating Budget - Audited Year End Results The Saint John Board of Police Commissioners, at its meeting on July 2, 2008, accepted and approved the Saint John Police Force Operating Budget Audited Year End Results for the year ended December 31, 2007. I am pleased to report that for the year ended December 31, 2007, the Saint John Police Force was under budget by $45,553 which is equivalent to 0.24% of the total operating budget of $18,880,220. A copy of this report is provided for the information of Council in accordance with Section 7(3) of the New Brunswick Police Act. submitted, Andrew Britton Chair Attachment 290 REPORT TO SAINT JOHN BOARD OF POLICE COMMISSIONERS PUBLIC SESSION July 2, 2008 Andrew Britton, Chairman and Members of the Board of Police Commission Chairman Britton and Members SUBJECT 2007 Operating Budget - Audited Year-End Financial Results BACKGROUND The purpose of this report is to provide the Board with the year-end financial position of the Saint John Police Force's Operating Budget as of December 31, 2007. The Saint John Police Force takes pride in providing the citizens of Saint John with the right services, delivered in a superior way, and at a reasonable cost. Any increased costs for providing the current service level must be balanced with the need to provide additional services to vulnerable areas of the City. With strong leadership from the senior management group, the Force is committed to delivering the highest level of police service to create a safe environment to work and play but always with a strong focus on good financial stewardship and providing excellent value for our taxpayers. The budget results for 2007 is an excellent indicator of achieving financial stewardship by offering a high quality police service and bringing in a balanced operating budget at year-end. 291 Andrew Britton, Chairman and Members of the Board of Police Commission July 2, 2008 Page 2 Subject. 2007 Operating Budget - Year-End Financial Results FINANCIAL POSITION/RESULTS For the year end December 31, 2007, the Saint John Police Force was under budget by $45,553 which is equivalent to 0.24% of the 2007 operating budget of $18,880,220. There were five key items that contributed to the $45,553 favorable budget variance for the final reporting period in 2007. 1. Salaries and Wages were under budget by $253,719. 2. Overtime costs were over budget by $179,636. 3. Costs for Other Personnel and Court Time were over budget by $138,012. 4. Fringe Benefits were over by $24,119. 5. Good and Services were under by $133,599. Budget Highlights SALARIES AND WAGES Local 61 Salaries were under budget by $197,158 and this positive variance relates mainly to the 6 vacancies that occurred during the year. It is savings in this salary line that offsets the overtime costs incurred to run the Summer Directed Patrol program. OVERTIME Local 61 The overtime costs for 2007 were over budget by $178,154 and the Patrol Division accounts for $119,816 or 67% of this figure. There was another $58,338 or 33% that relates back to the Criminal Investigation, Support Services, and Administration Divisions. The Summer Directed Patrol program was re-introduced for a third year and this program was only implemented when actual savings were known to exist in salaries due to vacancies that occur with staff retirements. 292 Andrew Britton, Chairman and Members of the Board of Police Commission July 2, 2008 Page 3 Subject. 2007 Operating Budget - Year-End Financial Results The 2007 program commenced on Thursday, June 14, 2007 with four members (1 Sergeant and 3 Constables) working on Thursday, Friday, and Saturday evenings. The Directed Patrol Team is scheduled to work an eight hour night shift that usually has an 8:00 p.m. start time. The mandate of the team is to augment Patrol Services Division by targeting specific hot spots or problem areas during peak times when calls for service are high. There were a total of 42 shifts worked from June 14, 2007 to September 15, 2007 with an overtime cost of $62,000. OTHER PERSONNEL COSTS (COURT TIME) Patrol Division The court time incurred by the Patrol Division was $125,421 compared to a budget of $88,000. This $37,421 over budget amount relates to overtime for the approximately 110 uniform officers that attend court various times throughout the year. The court costs for the investigators in Criminal Investigation Division were $20,874 and this exceeded the annual budget by $10,874. GOODS & SERVICES The under budget amounts for the various Goods and Services accounted for $133,599 in savings. Whenever there is an over expenditure of a budget line for a particular account, it is incumbent upon the manager to identify savings to offset it. There are three key expense categories; Insurance-$39,216, Purchase Goods- $40,641, and Asset Purchases-$85,569 that makes up this positive budget variance. INPUT FROM OTHER SOURCES The financial data used for this report was extracted from the financial information that was generated and provided from the HTE financial reporting system by City of Saint John finance staff. 293 Andrew Britton, Chairman and Members of the Board of Police Commission July 2, 2008 Page 4 Subject: 2007 Operating Budget - Year-End Financial Results RECOMMENDATION It is recommended that the Board accept and approve this Financial Report for the period ended as at December 31, 2007 and forward a copy to Common Council as required under Section 7 (3) of the New Brunswick Police Act. Enclosed report. • Consolidated Statement of Operations-Comparative 2007 vs. 2006 Respectfully subm Marvffi E. Corscadden, CGA DIR CTOR HR & FINANCE Allen G. Bodechon CHIEF OF POLICE 294 Q) V L U. V 0 s 7 C Cl) 1 0 C N ~ M L L CL M 0E 4- 0 0 = 0 W U) V U- CD T O Cfl P- M d h M aD r 6 -C) O CD L0 O ti d' CO Ln C0 M U) 00 r- r- co co co O O M O W go C co N r` N et r` O M 00 M O CD In In -t 0 v v co It 00 M CV Ln Orl: Ili C \i N O r M d p lA . IF co co co Fl- co CO m U-) LO v L T T T r .i N CD (0 CD M M N 0 Lf) 00 N M O Cl O CD 0 O ti 00 M LLB r LO S T N M Ct O O M O O r 0 M o m M N N r M O N CO Ln Ln CD In O LO I- 7 Mr- O M O CO L L() M C6 C \i d N CD O O CO M M M LA LC) N O r d• (D C) r CO M CD M N m o T LO T CO M N } Q T N tt c9 00 r r 1 40- O O N r - O co N O O M O O O O O O O w O N co co O LO N Cl O It Cl O O CD O 00 0 co C 'l 00 O O O M r LC) O M M O ' N N w w co co T r Ln r` N O O tl ~ t~ M ~•a M cr~ W Cf et .a T M CO co CO N M O It CD N T 00 m v p- oo N T LO N CO r N T ~t CO ICT N O m r N et M co r r r d M CO N '00 -CD 0 0 ,t OD M r C'7 N M CA M r M r r qe CO T LO N It CD It 00 It CD Q) Ln C CO O T O N N M Lo P- CO co M ' 't Lo Lo Ln CO Co M 00 Ni Oo O M M M CD Ln O - r Ln M LA N T M N co M r N 'd• 00 M RT r > t G O M N Ln O O It CD CO 00 N M M 00 T CO N r` r` r CD N co 00 ~ 1 M r 00 LO M y to 0 Mllz: M r- RT t- O N dCD M M - ' M co N CC LQ 7 co cc) M O P. t- M Ln M r CD r` C Y) NT qe i M M - CO T-- Lc) LO M M LO M 00 N M r O O M - 5 O ,t N t, -e (D N co ~t M co Q N T C \T T M ap T 1 60- O O M N 00 O CD N O O 00 O O O O O cc 00 O N M O 00 O M d co ti M CD Cl CD O O O CD O Cl O Ct N O M N O O M M O ' 00 N co N N co r Cp C ~ 3 ~ N r C6 Lc " t` C7 CO O © O .a M LC) M 00 A ( (D ~ M d• r LC) M N r O M T.- M W N N T CD M Co T N r CD It h It L[) co m C \i r Ln C'7 CJo r 60-1 CA C d m O U O C lU ' O O L O O co U C/) C O U ~ 0) N i a O •a i Cn Cq co c - N (n ~ C13 O (n p) CD oZj O q_ N y > c cif N CD CU lc U p L O O E d m c~u C • w CU cn n- C9 Co N - p L a) M C W ~r p C ` _ N C) - O L C- C U i CU > C L- N ca CU FO > (n 0 0 LL F- C~ 5 Q_ 0 oC O[ CL 0 O 5 S Q F- 0 (O M r 1 0 et N O 295 SAINT JOHN BOARD OF POLICE COMMISSIONERS PO Box 1971 Saint John, New Brunswick Canada E2L 4L1 Bureau des Commissaires du Service de Police de Saint John C.P. 1971 Saint John Nouveau-Brunswick Canada E2L 4L1 ANDREW BRITTON Chair/President DAVID EMERSON Vice Chair/Vice President CHARLENE HAYES Secretary/Secretaire IVAN COURT Commissioner/ Commissaire DONALD F. CULLINAN Commissioner/Commissaire PETER MCGUIRE Commission er/Commissaire CHRISTOPER WALDSCHUTZ Commissioner/Commissaire ALLEN G. BODECHON Chief of Police/Chef de Police SARAH WILSON Executive Secretary/ Secretaire Administrative Telephone/Telephone: (506) 674-4142 Fax/Telecopieur: (506) 648-3304 E-mail/Courriel: sarah.wilson@sain john.ca Q)_ SAINT JOHN Explore our past/ Explorez notre passe Discover your future/ Decouvrez votre avenir July 7, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: Re: Saint John Board of Police Commissioners SJPF 2008 Operating Budget - April YTD Results The Saint John Board of Police Commissioners, at its meeting on July 2, 2008, accepted and approved the Saint John Police Force Operating Budget April Year-to-date financial results. A copy of this report is provided for the information of Council in accordance with Section 7(3) of the New Brunswick Police Act. Andrew Britton Chair Attachment 296 REPORT TO SAINT JOHN BOARD OF POLICE COMMISSIONERS PUBLIC SESSION July 2, 2008 Andrew Britton, Chairman and Members of the Board of Police Commission Chairman Britton and Members SUBJECT 2008 Operating Budget - April YTD Financial Results BACKGROUND The purpose of this report is to provide the Board with an April 30, 2008 update on the financial position of the Saint John Police Force's Operating Budget. FINANCIAL POSITION For the period ended as at April 30, 2008 the Saint John Police Force was under budget by $455,331, which is equivalent to 6.68% of the year-to-date operating budget of $6,817,571. There were five key items that contributed to the $455,331 favorable budget variance for the first fiscal reporting period in 2008. The savings identified in the Goods and Services accounts relate to the timing of purchases rather than the actual reduction in expenditures. 1. Salaries and Wages were under budget by $181,230. 2. Fringe Benefits were under by $83,449 3. Good and Services were below budget by $117,162 4. Overtime costs exceeded budget by $93,448 5. Wage costs for On-Call and Court Time were over budget by $36,831 297 Andrew Britton, Chairman and Members of the Board of Police Commission July2, 2008 Page 2 Subject. 2008 Operating Budget - April 2008 Financial Results Budget Highlights It has been a stated objective of the senior management of the Saint John Police Force to secure and properly manage an annual Operating Budget that represents adequate funding to meet the policing service requirements of the citizens of Saint John. The first trimester reporting period in the year (January - April) is not a good indicator of the projected year-end financial position of the operating budget as it is too early in the year based on the normal operations of the organization. With respect to the purchase of high value Goods and Services, the transactions are usually not completed until June to August of the fiscal year due to tendering processes and delivery times. As the figures show, both on the Wages & Fringe Benefits and Goods & Services expenditure side there are significant positive and negative variances that have impacted operating results for this period. SALARIES AND WAGES Non-Union Salaries were under budget by $57,936 and this relates to the delay in filling the new Crime Analyst and Forensic Computer Technician positions. Local 61 Salaries were under budget by $90,165. This saving was attributed mainly to the two vacancies that occurred at the beginning of the year along with a budget allocation for a Local 61 and Local 486 wage increase that has not been finalized for 2008. OVERTIME Local 61 The overtime incurred for the first four months exceeded the target based on the 4-month budget allocation. The peak period for overtime is usually June to September when resource levels are reduced due to higher number of members on vacation, stat time, and other time off. However, there were two homicides along with four significant criminal investigation operations during the last 6 months that has depleted the overtime budget. OTHER PERSONNEL COSTS The court time for the Patrol-Uniform division is over budget by $26,509 for the first reporting period of 2008. Court appearances are scheduled by the judicial system and officers often are required to attend hearings on their days off. 298 Andrew Britton, Chairman and Members of the Board of Police Commission July2, 2008 Page 3 Subject. 2008 Operating Budget - April 2008 Financial Results GOODS & SERVICES The under budget amounts for the various Goods and Services is primarily attributed to the timing of purchases and the allocation of the budget over twelve months. For example, there is a budget allocation of $200,000 for vehicle purchases at the end of April and the new units have not been received based on some delays with the tendering process and the selected vendor. All new cars are expected to be in-service by the end of July. The one known area of financial exposure for the organization is specific to the major spike in fuel costs to operate police vehicles. The budget for fuel was increased by 6% for 2008 and this expense is already $21,012 or 22.5% over budget. For the same period last year, the fuel costs were only $5,000 or 5.7% over budget. As shown in the following table, the consumption rate compare to last year is up slightly (2.2%) but the cost at the pumps has increase by 23%. Fleet Fuel Consumption 2007 2 008 Litres Cost Litres Cost 98,712 $92,890 100,902 $114 292 Increase 29189 $219402 2.2% 23.0% Based on this alarming trend, it is projected the fleet fuel expense could be $63,000 or 23% over budget at year-end. INPUT FROM OTHER SOURCES The financial data used for this report was extracted from the financial information that was generated and provided from the HTE financial reporting system by City of Saint John finance staff. 299 Andrew Britton, Chairman and Members of the Board of Police Commission July2, 2008 Page 4 Subject. 2008 Operating Budget - April 2008 Financial Results RECOMMENDATION • It is recommended that the Board accept and approve this Financial Report for the period ended as at April 30, 2008 and forward a copy to Common Council as required under Section 7 (3) of the New Brunswick Police Act. Enclosed reports and documents: • Budget Variance Analysis - April 30, 2008 • Consolidated Statement of Operations - 2008 vs. 2007 • Detailed Statement of Operations Respectfully submitted, Marven . Corscadden, CGA DIRECTOR HR & FINANCE Allen G. Bodechon CHIEF OF POLICE 300 Saint John Police Force Consolidated Statement of Operations For the Period Ended April 30, 2008 2008- Year To Date 2007 - Year To Date Budget Actual Variance Budget Actual Variance Salaries & Wages Overtime 4,236,141 4,054,911 181,230 3,852,286 3,752,649 99,637 Other Personnel Costs 87,738 43,928 181,186 80 759 (93,448) (36 831) 86,264 43 928 78,907 7,357 Fringe Benefits 1,117,084 , 1,033,635 , 83,449 , 878,441 81,149 829 701 (37,221) 48 740 Total Wages & Fringe Benefits 5,484,891 5,350,490 134,401 4,860,919 , 4,742,406 , 118,513 General Services Insurance 223,976 151,991 71,985 219,976 160,072 59,904 Professional Services 109,300 72 088 91,422 61 217 17,878 10 8 124,300 90,584 33,716 Other Purchased Services , 39,320 , 30,604 , 71 8 716 80,424 37 656 59,760 28 20,664 Repairs & Maintenance 26,656 42,993 , (16,337) , 18,320 ,080 14 036 9,576 4 284 Rentals Purchased Goods 212,928 216,988 (4,060) 211,428 , 210,778 , 650 Government Services 156,232 4 328 151,094 5,138 159,272 100,688 58,584 Internal Charges A , 245,132 255,816 4,328 (10,684) 7,664 235,596 6,191 241 419 1,473 (5 823) sset Purchases Total Goods & Services 242,720 9,625 233,095 42,720 , 108,586 , 65,866 1,332,680 1,011,749 320,929 1,137,356 1,020,194 117,162 $ 6,817,571 $ 6,362,240 $ 455,331 $ 5,998,275 $ 5,762,600 $ 235,675 6.68% 3.93% 301 SAINT JOHN POLICE FORCE BUDGET VARIANCE ANALYSIS For the Period Ended April 30, 2008 Budget Expenses Variance Current Variance is: Timing Actual $ 6,817,571 $ 6,362,240 $ 455,331 $438,892 $ 16,439 Expense Cate or Variance Explanation of Variance Salaries & Wages $181,230 • Non-Union Salaries - 58k - This positive variance results mainly from the delay in hiring two new staff positions (Crime Analyst and Forensic Computer Technician).. • Salaries-486 is under budget by $36k and there is an offset in Salaries-Temp for ($15k). This initial saving will be decrease by the end of the year with a negotiated wage settlement for 2008. • Local 61 Salaries are under budget by $95k and this variance is due to two items; 2 vacancies that occurred at the beginning of year along with a pending wage settlement for 2008. • The increase in Salaries-Temp for ($15k) has a corresponding offset of $36k for Salaries-486. Overtime $90,448 Overtime-Patrol: Overtime was over budget by $34k for the first four months of 2007. • Overtime- CID: Overtime was over budget by $41 k for the first four months of 2007. Other Personnel Costs ($36,831) . Court-Time: Payment for overtime relating to court appearances for Patrol members was over budget by ($27k). Fringe Benefits $83,449 • Benefits are calculated at 24.5%. This expense is directly proportional to actual wages and other earnings for the year. 302 Saint John Police Force - April 2008 Budget Variance Analysis Expense Category Variance General Services $71,985 Insurance $17,878 Professional Services $10,871 Other Purchased Services $8,716 Repair & Maintenance ($16,337) Rentals ($4,060) Explanation of Variance • Radios $18k: This is a timing difference between the budget allocation and processing of monthly trunk radio usage charges. • Employer Training: This account is under budget by $20k and this is due largely to the delivery time of courses. • ETS Training 8k: This amount is cost recovery from providing ETS refresher training to Pt. Lepreau and these funds will be used to offset 2008 training costs for the SJPF ETS team. • Other Training: This account is under budget by $21 k and this is a timing difference between the monthly budget allocation and when employees choose to complete training courses. • Vehicle Insurance: The actual premium cost for insurance coverage in 2008 (fleet and facilities) was $16k less than anticipated. • No significant variance at the end of April. • No significant variance at the end of April. • Computer Maintenance ($17k): This is a timing difference between the budget allocation and processing of annual maintenance and licence agreements from Sungard and other vendors. • No significant variance at the end of April. 303 Saint John Police Force - April 2008 Budget Variance Analysis Ex ense Category Variance Explanation of Variance Purchased Goods $5,138 . Clothing and Apparel: ($16k) - Timing difference between when purchases occur and the monthly budget allocation • Other Goods: $13k - Timing difference between when purchases occur and the monthly budget allocation. Government Services $4,328 . No significant variance at the end of April. Internal Services ($10,684) . Fleet Maintenance: Fleet maintenance costs were under budget by $17k and this variance results from the timing of when repairs are completed and the monthly budget allocation. • Fleet Fuel: Fleet fuel costs were over budget by ($21 k) and this negative variance results from a major increase in fuel prices in 2008 which will continue for the balance of the year. • Building Maintenance: The repairs and maintenance costs to the police facilities were over budget by ($14k). • Evergreen Computer Replacement Program $81k - Timing between the monthly rental charge by the City's ISS Dept for of all computers assigned to the Police Force and the budget allocation. Asset Purchases $233,095 • Vehicle Purchases: $200k -This variance is a timing difference between budget allocation and the actual receipt of new police units in May- July 2008. • Office Furniture, Equipment, Computers & Other Assets: These under-budget amounts for $33k are related to the timing of purchases. 304 July 21, 2008 Deputy Mayor Stephen Chase And Councillors Deputy and Councillors: Subject: Proposed Collective Agreement - CUPE Local 486 The Committee of the Whole having met on July 14, 2008, reviewed the proposed Collective Agreement for CUPE Local 486 and recommends its execution as described in the attached report. Yours truly, Ivan Court Mayor 305 Memorandum of Settlement - City of Saint John and CUPE Local 486 MEMORANDUM OF SETTLEMENT Between The City of Saint John (hereinafter referred to as the "Employer") And Local 486, Canadian Union of Public Employees (hereinafter referred to as the `Union") 1. The above named parties agree, subject to ratification by the members of the bargaining unit represented by the Union, and by Common Council of the City of Saint John, the following constitutes the mutual agreement between the parties in the collective bargaining that concluded on Wednesday, June 25, 2008. 2. The Union Bargaining Committee agrees to recommend this tentative agreement to the members of the bargaining unit represented by the Union for ratification. 3. The Employer Bargaining Committee agrees to recommend this tentative agreement to Common Council for ratification. 4. Subject to ratification, the parties do hereby enter into a Collective Agreement, the terms of which shall be identical to the terms of the previous Collective Agreement between the parties, which expired on December 31, 2007, subject only to the additions, deletions, alterations, amendments or other modifications hereinafter set forth. 5. All changes are to become effective as of the date of signing of the Collective Agreement between the Union and the Employer, except for wages and for Medical, Health and Dental Benefits as provided for in Article 21:02, which will be retroactive to January 01, 2008. ARTICLE 4 UNION RESPONSIBILITY 6. Delete Article 4.04 - Public Safety Communications Centre Version 6.0 July 03, 2008 Page 1 306 Memorandum of Settlement - City of Saint John and CUPE Local 486 ARTICLE 9 REPRESENTATION BY UNION 7. 9:03 Assistance of Other Representatives Delete Article 9.03 - Assistance of Other Representatives and replace with: 9:03 Assistance of Other Representatives The Union shall have the right at any time to have the assistance of a CUPE representative when dealing with the employer. ARTICLE 1 1 VACANCIES, NEW POSITIONS, PROMOTIONS AND TEMPORARY ASSIGNMENTS 8. Add `Acting Assignments' to title of Article 9. 11:02(a) Method of Making Appointments to Permanent Positions Amend first paragraph to read as follows: Both parties recognize that job opportunity should increase in proportion to length of service. Therefore, in filling vacant and new positions, appointment shall be made of the applicant having the required ability and qualifications who is senior in service. Applications will be accepted from employees within the same position classification as detailed in Schedule A. Appointments from within the bargaining unit shall be made within thirty (30) calendar days from the closing date of job postings and salary increases shall be effective as of date of appointment. Notification of appointment is to be made in writing to the successful applicant. The successful applicant shall be placed on a trial period for a period up to six (6) months. In the event the successful applicant proves unsatisfactory in the position during the aforementioned trial period, they shall be so informed in writing of the reasons by their Department Head and be returned to their former position and rate of salary for that position. Any other employee promoted or transferred because of the rearrangement of positions shall also be returned to their former position and rate of salary. When Department Heads are considering promotions, a Union representative, selected by the Union, shall be notified to attend. Version 6.0 July 03, 2008 Page 2 307 Memorandum of Settlement - City of Saint John and CUPE Local 486 10. Amend Article 11:04 - Temporary Assignments - to read, Article 11.04 Method of Making Appointments to Temporary Assignments. a. Temporary assignments are used to augment the establishment. A temporary assignment is utilized to fill a temporary position that is not included in the establishment The term of all temporary assignments will be included in the posting. Applications will be accepted from employees within the same position classification as detailed in Schedule A. b. Temporary Assignments of two months or less in length shall be filled by the senior qualified employee within the department or by a casual employee. With respect to this provision only, the required education as defined in the job description shall not be a determining factor. c. Temporary assignments of two to four months in length shall be offered to the senior qualified employee within the department. If not filled within the department, the City will issue an expression of interest, for a period of two days, throughout the organization for the temporary assignment. This position shall be awarded to the senior qualified employee. Any further vacancies as a result of the temporary assignment may be filled with a casual employee. d. Temporary assignments of four to six months shall be posted for a period of seven days throughout the organization. The senior qualified applicant shall be awarded the assignment. The resultant vacancy shall be offered to the senior qualified employee within the department. If not filled within the department, the City will issue an expression of interest, for a period of two days, throughout the organization for the temporary assignment. This position shall be awarded to the senior qualified employee. Any further vacancies as a result of the temporary assignment may be filled with a casual employee. Version 6.0 July 03, 2008 Page 3 308 Memorandum of Settlement - City of Saint John and CUPE Local 486 e. Temporary assignments of six months or longer are subject to mutual agreement between the Union and the Employer. f. The term of a temporary assignment may be extended by mutual agreement of the Union and the Employer. g. An employee can be removed from a temporary assignment and returned to their former position if found to be unsatisfactory by their Manager or Department Head. If such action is taken within six (6) months of the original posting for the assignment, the Department Head shall have the sole discretion in assigning the next senior qualified applicant to the job. In all other cases the assignment shall be re-posted. 11. Amend Article 11:05 to read: Article 11.05 Method of Making Appointments to Acting Assignments a. An acting assignment is utilized to fill a temporary vacancy in a position that is included in the establishment. The term of all acting assignments will be included in the posting. Applications will be accepted from employees within the same position classification as detailed in Schedule A. b. Vacancies of two months or less in length shall be filled by the senior qualified employee within the department or by a casual employee. With respect to this provision only, the required education as defined in the job description shall not be a determining factor. c. Acting assignments of two to four months in length shall be offered to the senior qualified employee within the department. If not filled within the department, the City will issue an expression of interest, for a period of two days, throughout the organization for the acting assignment. This position shall be awarded to the senior qualified employee. Any further vacancies as a result of the acting assignment may be filled with a casual employee. d. Acting assignments of four to twelve months shall be posted for a period of seven days throughout the organization. The senior Version 6.0 July 03, 2008 Page 4 309 Memorandum of Settlement - City of Saint John and CUPE Local 486 qualified applicant shall be awarded the assignment. The resultani vacancy shall be offered to the senior qualified employee within the department. If not filled within the department, the City will issue an expression of interest, for a period of two days, throughout the organization for the acting assignment. This position shall be awarded to the senior qualified employee. Any further vacancies as a result of the acting assignment may be filled with a casual employee. e. Acting assignments of twelve months or longer in length are subject to mutual agreement between the Union and the Employer. f. The term of an acting assignment may be extended by mutual agreement of the Union and the Employer. g. An employee can be removed from an acting assignment and returned to their former position if found to be unsatisfactory by their Manager or Department Head. If such action is taken within six (6) months of the original posting for the assignment, the Department Head shall have the sole discretion in assigning the next senior qualified applicant to the job. In all other cases the assignment shall be re-posted. 12. Amend Article 11:06 (b) - Casual Employees - to read: Article 11:06 (b) Casual Employees Casual employee may be employed in any temporary or acting assignment for which a permanent employee was not appointed as a result of the selection procedures outlined in Article 11:04 and 11.05. 2. Should the term of a temporary or an acting assignment be extended by mutual agreement of the Union and the Employer as per 11:04 (f) and 11.05 (f), the casual employee's assignment will be automatically extended for the same period. 3. Casual employees hired in a group 3 position shall be paid at a group 1 level. Version 6.0 July 03, 2008 Page 5 310 Memorandum of Settlement - City of Saint John and CUPE Local 486 13. Article 11:07 Performance Appraisals (New) On January Ol , 2009, the Employer, in consultation with the Union, will implement a performance appraisal system that provides a framework for positive and constructive communications between an employee and their supervisor regarding the employee's job performance. 2. The performance appraisal system will recognize the following essential elements: • Communication between employee and supervisor should be two way and ongoing, • Employees need to know what is expected of them in their jobs, • Employees should receive positive feedback for their contributions and work, • Support should be available to employees in their efforts to develop and improve. 3. The content and the purpose of the performance appraisal shall not affect the employee's promotional opportunities or salary. ARTICLE 14 SUSPENSION OR DISCHARGE 14. Article 14:01 Disciplinary Procedure (new) Should the Employer become aware of employee conduct that would require an Investigation, the employer will conclude that investigation within thirty (30) working days of the date the employer became aware of the conduct. The employee must attend the investigation meeting in order to respond to the allegations of the employer. However, if the employee is not able to attend the investigation, the above time limit will be extended until the employee is able to attend. Version 6.0 July 03, 2008 Page 6 311 Memorandum of Settlement - City of Saint John and CUPE Local 486 Re-number current Articles 14:01 and 14:02 to Articles 14:02 and 14:03 respectfully. ARTICLE 15 HOURS OF WORK AND OVERTIME 15. 15:01 (b) Remove: `With the exception of the Supervisors and Operators working in the Public Safety Communications Centre'. Amend Article to read: The workweek will be Monday to Friday with hours of work being scheduled between 7:00 am and 7:00 pm. For all employees the maximum hours worked on a scheduled shift is ten and one half (10.5). Schedules will be provided and a minimum of two weeks' notice shall be given for a change in the schedule. The minimum notice may be less than two weeks if mutually agreed between the manager and the employee(s) affected by the change. 16. 15:01(c) The parties recognize the need to provide quality and timely service. An integral part of this is the flexibility to have employees at work when they are needed most. The workweek should allow for adaptation to address peak work periods. Where the efficient and effective delivery of service requires a work week beyond the timeframes noted in Article 15:01 (b) schedules can be modified with mutual agreement between the Union and the Employer. In revising schedules the following conditions shall apply: 1. Employees will be eligible for two consecutive days off over a consecutive seven-day period, unless mutually agreed between the employee and manager. Version 6.0 July 03, 2008 Page 7 312 Memorandum of Settlement - City of Saint John and CUPE Local 486 2. Employees may be scheduled to work on Saturday or Sunday but not both. 3. Notice of change in schedules will be provided in accordance with the provisions of Article 15:01 (b). 17. 15:01(d) A lunch break of a minimum of 30 minutes to a maximum of 60 minutes shall be scheduled at approximately mid-shift. If an employee is required to work through the lunch break they shall be entitled to compensation at the applicable overtime rate. 18. Amend Article 15:01 (c) by removing: `Conditions 1 and 2 in this article shall not apply to the Supervisors and Operators working in the Public Safety Communications Centre'. 19. Amend Article 15:01 (d) by removing: ` For Supervisors and Operators working in the Public Safety Communications Centre each 12 hour shift shall provide for two meal breaks with a duration of one and half hours (1'/2 hours), with no break being less than thirty (30) minutes , to be taken at appropriate designated intervals.' 20. 15:02 (g) Overtime Meal Allowance (new) 1. An employee required to work overtime immediately following their regular shift for a minimum of one (1) hour or more shall be supplied with a meal or a meal allowance of a value established annually by the Mutual Interest Committee. An additional meal or meal allowance shall be provided every five (5) hours thereafter. Version 6.0 July 03, 2008 Page 8 313 Memorandum of Settlement - City of Saint John and CUPE Local 486 2. Any employee required to work overtime before their regular shift shall be provided with a meal or meal allowance upon completion of every five (5) hours overtime worked. 3. Any employee required to work overtime immediately prior to their regular shift for a minimum of one (1) hour shall be supplied with a meal or meal allowance where possible within one (1) hour of the commencement of their regular shift. 4. An employee called in on a non-regular working day shall receive a meal or meal allowance as above; however, this article does not apply to an employee scheduled to work overtime on a non-regular working day, unless they work more than seven (7) hours. Where the overtime is scheduled on a non- regular working day, a regular unpaid meal break of thirty (30) minutes or one (1) hour will be provided within one hour of mid- shift. 5. It is understood that in emergency situations that cause a direct hazard to life or property, the meal or meal allowance will be supplied at the earliest opportunity possible. ARTICLE 16 JOB CLASSIFICATION AND TRANSFERS 21. Amend Article 16:03 Job Transfers as follows; The employer shall have the right to transfer employees within the same position classification as detailed in Schedule A. Employees must occupy their current position for a period of twelve (12) months prior to being transferred to or applying for the same position classification as detailed in Schedule A. ARTICLE 19 VACATIONS 22. Delete Article 19:01 Vacation Entitlement and replace with the following; Version 6.0 July 03, 2008 Page 9 314 Memorandum of Settlement - City of Saint John and CUPE Local 486 An employee who has completed one (1) year of continuous service beyond the end of the period, for which they have been paid under the terms of the ''Vacation Pay Act'', shall be granted seventy (70) hours' vacation with pay. Other vacation entitlements shall be as follows: Upon completion of: a) 2 years' continuous service - 105 hours b) 7 years' continuous service - 140 hours c) 12 years' continuous service - 175 hours d) 25 years' continuous service - 210 hours e) 30 years' continuous service - 245 hours The number of employees on vacation at any one time shall be limited to a reasonable number at the discretion of the Manager concerned so as not to curtail or interfere with the operating efficiency of the Department. In addition to the above vacation periods, each employee who has completed one year of continuous service shall be entitled to seven (7) hours as a floating holiday, to be taken at a mutually agreed time, each calendar year. 23. Article 19:03Vacation Pay Advance Delete this article ARTICLE 21:01 GROUP LIFE INSURANCE 24. Amend this article as follows, The Employer agrees to pay 75% of the premium for a Group Life Insurance and Accidental Death and Dismemberment Plan for permanent employees with the employee paying the remaining 25%. Delete - "Upon Retirement employees shall receive a $5,000 paid- up insurance policy from the City of Saint John". Replace with: Also see Memorandum of Agreement No. 6. ARTICLE 21:02 MEDICAL, HEALTH AND DENTAL PLANS Version 6.0 July 03, 2008 Page 10 315 Memorandum of Settlement - City of Saint John and CUPE Local 486 25. Delete the current article and replace it with the following, 21.02 Medical, Health and Dental Plans This article will become effective January Ol , 2008. The Employer agrees to contribute 75% and the Employee agrees to contribute 25% of the cost of monthly premiums for single coverage and for family coverage, as applicable, for the present employees' health coverage. It is understood and agreed that such benefit shall extend to permanent employees only. Any employee who is not a participant shall not be entitled to a cash payment in lieu of the Employer's contribution to the premium. The Employer agrees to contribute 75% and the Employee agrees to contribute 25% of the cost of monthly premiums for the present dental plan coverage for all permanent employees. Any employee who is not a participant shall not be entitled to a cash payment in lieu of the Employer's contribution to the premium. The parties recognize the need to continue to work together to control the cost of medical, health and dental plans- by overseeing the plans and making mutually agreed changes that, from time to time, are deemed appropriate. The City shall provide ninety (90) days notice in writing to the Union of any proposed increase in employee contributions for the recovery associated with these plans. Prior to the expiry of the notice period the parties agree to identify medical, health and dental plan options and to make changes to the plans and/or carrier(s). In the event that appropriate changes cannot be agreed upon, the Union agrees to implement necessary changes to limit total costs to available premium revenue within sixty (60) days of any notice of premium increase by the carrier(s), including benefit levels, or any other agreed changes as required to limit the total cost impact on current members of the plans. The City agrees to assist the Union by implementing the administrative and/or design changes necessary to ensure the employee and employer contributions meet the full cost of the program. In the event that appropriate changes cannot be agreed upon or are not of sufficient nature to reduce costs to within current Version 6.0 July 03, 2008 Page 11 316 Memorandum of Settlement - City of Saint John and CUPE Local 486 contribution levels than the employer shall increase employee contributions as detailed in the written notice adjusted where applicable by the projected cost reductions associated with any agreed upon plan changes For clarification and continuity, it is understood that the plan design and benefits that exist under the terms of the collective agreement expiring on December 31, 1998 shall continue subject to the above. All employee benefit plans outlined herein shall be fully negotiable and not changed without mutual consent. The Union is liable for 100% of the accumulated plan deficit up to January 01, 2008, the cost of which will be added to the employee premium contributions. Participation in the plan is mandatory and is a condition of employment for all employees hired after December 31, 2007. Effective January 1, 2009 current employees not participating in the full or a portion of the plan will no longer be eligible to participate in the plan now or in the future, except in the case of the death of the employee's spouse. Current employees presently not participating in the plan will be eligible to enter the plan provided they register no later than December 31, 2008. Annually, the Employer shall provide each permanent employee with a detailed employee benefit statement outlining all benefits and plans in the Collective Agreement. In the case of absence for illness or disability, the Employer's contribution will be paid to the Group Life Insurance Plan, Pension Plan and the Health and Dental Plan where applicable. This Article shall only apply to those employees who qualify under this Article. The health and dental benefits shall continue to all retirees at the group rates. Premiums for these benefits are to be paid fully by all retirees and will be deducted from their pension cheque. Version 6.0 July 03, 2008 Page 12 317 Memorandum of Settlement - City of Saint John and CUPE Local 486 26. 27. ARTICLE 23 28. 29. Amend Article 21:05 (b) Family Care Leave to read, An employee may utilize up to thirty five (35) hours of accumulated sick leave per year for family care leave. Such time can be taken without loss of pay, to provide care during a family illness or to attend medical appointments with a family member as defined in Article 23:01 (b). Employees may be required to certify the absence. Amend Article 21:06 Proof of Illness to include: Any costs incurred in providing the medical certificate will be paid by the Employer. LEAVES OF ABSENCE Amend Article 23:01(a) Bereavement Leave to read, For purposes of clarification, bereavement leave shall be defined as an approved leave of absence from work for a specified period without loss of pay, seniority or other benefits for the purpose of making funeral arrangements and/or attending the funeral of a deceased member of the employee's immediate family. Additional time may be provided in each of circumstances noted below, at the discretion of the Department Head. Article 23.04 Special Leave (Add) Article 23:04 (c) Self Funded Leave The City recognizes the potential of self-funded leave to help achieve employee and organizational goals. The purpose of this article is to provide an opportunity for self funded leave, once every five years, for a period of not less than five weeks and up to and including one year. The City of Saint John will hold a portion of an employee's salary for a specified period of time and then allow the employee to take off the requested time with pay equivalent to the amount withheld. This leave would allow an employee to continue receiving a salary. The salary that an employee would have received during this period, minus the leave without pay, is spread out or averaged over a reasonable amount of time. An employee Version 6.0 July 03, 2008 Page 13 318 Memorandum of Settlement - City of Saint John and CUPE Local 486 who is interested in this program shall apply in writing, a minimum of six months in advance (unless mutually agreed) to his or her department head. If the department head refuses to grant the leave, then the employee may apply directly to the City Manager or his designate. Once a request is approved then the department head must notify Human Resources. Human Resources will make arrangements to initiate this request. On return from the leave, the employee shall be placed in his former position. If the former position no longer exists, he shall be placed in accordance with Article 16:04. ARTICLE 26 TERM OF AGREEMENT 30. Amend Article 26:01 Notification to Bargain to read, The Agreement shall take effect and be binding on the parties hereto for the period from January 1 st, A.D., 2008 to December 31 st, A.D., 2011 inclusive and shall remain in force for successive periods of twelve months thereafter, unless either party request negotiation of a new or replacement Agreement by giving written notice to the other party not less than sixty (60) days and not more than one hundred and twenty (120) days prior to the expiration date of this Agreement or any renewal thereof. Such notice(s) shall specify any addition, deletion or alteration desired. Upon receipt of such notice by either party, negotiations shall commence within twenty (20) days following such notice having been given. SCHEDULE "A" POSITION CLASSIFICATION BY SALARY GROUP 31. Delete current schedule and replace with attached. SCHEDULE "B" SALARIES 32. Delete current schedule and replace with attached. MEMORANDUM OF AGREEMENT NO 1 Version 6.0 July 03, 2008 Page 14 319 Memorandum of Settlement - City of Saint John and CUPE Local 486 33. Delete current agreement and replace with attached. MEMORANDUM OF AGREEMENT NO 4 34. Delete current agreement and replace with attached. MEMORANDUM OF AGREEMENT NO 5 35. Add new agreement - Return to Work Program MEMORANDUM OF AGREEMENT NO 6 AND SCHEDULE E 36. Add new agreement and Schedule - Group Life Insurance for Retirees In witness whereof the parties have caused this Memorandum of Settlement to be signed by their duly authorized representatives this of 2008 Paul Johnson On Behalf of the Union Version 6.0 July 03, 2008 William Todd On Behalf of the Employer Page 15 320 Memorandum of Settlement - City of Saint John and CUPE Local 486 SCHEDULE "A" Position Classifications by Salary Group Group 1 Group 7 Casual Administrative Assistant Administrative Assistant Community Services Co-ordinator Group 2 Finance Clerk GIS Technologist Application Specialist Group 3 Leisure Services Co-ordinator Administrative Assistant Municipal Engineering Technologist Facility Management Technologist Mechanical Engineering Technologist Group 4 Network Specialist Administrative Assistant Plumbing Inspector Purchasing Clerk Planning Technologist Finance Clerk Systems Specialist Technician I Technical Services Inspector Information Systems Assistant Traffic Technologist Executive Assistant Accounting Supervisor Group 5 Administrative Assistant Customer Services Specialist Finance Clerk Technician II GIS Technician Systems Specialist Traffic Technician Group 6 Administrative Assistant Buyer Process Supervisor Chemical Technologist Municipal Engineering Technologist Facility Management Technologist Mechanical Engineering Technologist Systems Administrator Technical Services Inspector Web Specialist Network Specialist Version 6.0 July 03, 2008 Group 8 Administrative Assistant Assistant Purchasing Agent Corporate Projects Coordinator HTE Training Co-ordinator Chemical Technologist Leisure Services Co-ordinator Municipal Engineering Technologist Facility Management Technologist Mechanical Engineering Technologist Payroll Administrator Technical Services Inspector Accounting Supervisor Network Specialist Group 9 Visitor Services Co-ordinator Insurance and Claims Officer Leisure Services Co-ordinator Pension Plan Administrator Plans Examiner Accounting Supervisor Network Specialist Heritage Architect/Analyst 321 Page 16 Memorandum of Settlement - City of Saint John and CUPE Local 486 SCHEDULE "B" SALARIES January 1, 2008 January 1, 2009 Annual Increase: 3.5% Annual Increase: 3.25% Minimum Maximum Minimum Maximum Group 1 26,683 29,214 27,551 30,163 Group 2 29,892 32,787 30,863 33,852 Group 3 33,099 36,350 34,175 37,532 Group 4 36,308 39,916 37,488 41,213 Group 5 39,520 43,480 40,805 44,893 Group 6 43,085 47,446 44,485 48,988 Group 7 46,652 51,412 48,168 53,082 Group 8 50,219 55,373 51,851 57,172 Group 9 53,783 59,332 55,531 61,261 January 1, 2010 January 1, 2011 Annual Increase: 3.25% Annual Increase: 3.0% Minimum Maximum Minimum FMaximum Group 1 28,446 31,144 29,299 32,078 Group 2 31,866 34,952 32,822 36,001 Group 3 35,286 38,751 36,344 39,914 Group 4 38,706 42,552 39,867 43,829 Group 5 42,131 46,352 43,395 47,743 Group 6 45,931 50,581 47,309 52,098 Group 7 49,733 54,808 51,225 56,452 Group 8 53,537 59,030 55,143 60,801 Group 9 57,335 63,252 59,055 65,149 INCREMENTS - For the purpose of Article 17 of this Agreement, an increment is calculated by dividing the difference between the maximum and minimum by two (2). Wages and economic benefits are fully retroactive to January 1, 2008. Version 6.0 July 03, 2008 Page 17 322 Memorandum of Settlement - City of Saint John and CUPE Local 486 SCHEDULE `E' Employees Entitled to Payment as per MEMORANDUM OF AGREEMENT NO. 6 Payment in Lieu of $5000.00 Group Life Insurance for Retirees 1. The $2000 payment for the following employees will be issued on July 31, 2008 SMITH, Maureen KNIGHT, Peter CURBISHLEY, Stephen ROONEY, Barbara O'TOOLE, David HEWEY, Ronald MCINTYRE, Robert STANTON, Glenn MOLLOY, Jerome SOMERVILLE, David FITZPATRICK, Mary BENT, Patrick LINGLEY, Allan MCLAUGHLIN, John ELLEFSEN, John FERRAR, Jacqueline HENNEBERRY, Jackie FLOWER, Mary BABINEAU, Rosemary MCKINNON, Deborah MACDONALD, Elaine COOK, Alice CALVIN, Cynthia DENTON, Lorraine VERNER, Lori J. MACDONALD, Krista EDISON, Jr., Charles FREEZE, Barry LEBLANC, Emery HAMILTON, Robert 2. The $2000 payment for the following employees will be issued on July 31, 2009 CHAN, Annie SARGENT, Ellen MCINTYRE, Kelly NAVES, Kathy GAUVIN, Sherry DUPUIS, Pamela WATSON, Kevin SENNA, Margaret MCBRIEN, Milford CORMIER, Bernard ROSS, Sharon PEACOCK, Gisele JUDGE, Valerie GREGG, Sandra MASON, Sherry WRIGHT, Michelle RICHARD, Dawn PHINNEY, Allan POWELL, Beverley FISHER, Donna HAWKINS, Paula LEWIS, Ann Marie LEVESQUE, Angela SMITH, Allan BUCKLEY, William JOHNSON, Paul MCCARTHY, Pat JACKSON, Pam BRIDGEO, Helen CUNNINGHAM, Sherry GRANGER, John LOCKHART, Lynda ARMSTRONG, Richard MAHANEY, Rodney Version 6.0 July 03, 2008 Page 18 323 Memorandum of Settlement - City of Saint John and CUPE Local 486 3. The $2000 payment for the following employees will be issued on July 31, 2010 SLADER, Mark WILLIAMS, Evelyn WOODHOUSE, Paul KILPATRICK, Daryl BLIZZARD, Cindy STEWARD, Kimberley CHAN, Vincent DUKE, Tamara O'HEARN, Mark KAINE, Lynne CAMERON, Heather CARROLL, Paula WALSH, Nancy WOOD, Holly A. KING, Deborah BELTRANDI CHOWN, J. LYMBURNER, Dawn CARLETON, Julie TIBBITS, Kelly KINGSTON, Stephen 4. The $2000 payment for the following employees will be issued on July 31, 2011 CUMMINGS, Sally GRAVES, Richard MCLEOD, Christa FARREN, Paul CUTLER, Greg SIMMS, Kirk BELANGER, Kathy PORTER, Tiffany KANE, Andrea MOSHER, Jennifer JENSEN, Lori MORRISON, Mark BERUBE, Darryl FORAN, Patrick GERAWH, Randy GORMAN, Lois UNDERWOOD, Scott BARTON, Jason MAZEROLLE, Mark TILLEY, Winona COUTURE, David BASQUE, Paul GAULEY, Jeff WHITE, John JAMES, Robert WOODS, Brian Version 6.0 July 03, 2008 Page 19 324 Memorandum of Settlement - City of Saint John and CUPE Local 486 MEMORANDUM OF AGREEMENT NO. 1 Between The City of Saint John (hereinafter referred to as the "Employer") And Local 486, Canadian Union of Public Employees (hereinafter referred to as the `Union") SUBJECT: Job Classification It is agreed that CITY OF SAINT JOHN and CUPE LOCAL 486, will jointly develop a Job Classification Plan. This development will employ a third party selected by the employer. This plan will be utilized to evaluate positions within the Bargaining unit. The City and the Union agree that a job evaluation of all positions will not occur prior to Jan 1, 2011. It is agreed the parties will utilize a Committee to be comprised of up to five representatives and alternates from the Union and up to five representatives and alternates from the City of Saint John. The purpose of the Committee will be to: • undertake the appropriate and necessary training • collect, verify, and analyze data about the positions through the use of a Questionnaire and the Job Description • rate all jobs and recommend weights • prepare a report of the results with recommendations on ratings, implementation and maintenance • perform other related functions as determined by a majority agreement of the Committee It is agreed that the parties to this agreement will utilize the interest based approach to ensuring that the recommendations of the Committee are implemented in a timely manner. Version 6.0 July 03, 2008 Page 20 325 Memorandum of Settlement - City of Saint John and CUPE Local 486 It is agreed that the current Maintenance Plan will be used until the parties agree on a new plan. IN WITNESS WHEREOF the parties hereto have caused this agreement to be duly executed. Signed, sealed and delivered by the City of Saint John on the day of , 2008 City of Saint John Mayor Common Clerk Signed, sealed and delivered by the Local 486, Canadian Union of Public Employees on the day of , 2008 Local 486, Canadian Union of Public Employees President Secretary Version 6.0 July 03, 2008 Page 21 326 Memorandum of Settlement - City of Saint John and CUPE Local 486 MEMORANDUM OF AGREEMENT NOA Between The City of Saint John (hereinafter referred to as the "Employer") And Local 486, Canadian Union of Public Employees (hereinafter referred to as the `Union") SUBJECT: OFFICIAL LANGUAGES The City of Saint John is required to provide services in both official languages. Given this, the Parties have identified the following positions may be required to be bi-lingual imperative: Department/Division Position Number Tourism Administrative Assistant 6 1 Finance Administrative Assistant 4 3 Information Technology Web Specialist 1 Leisure Services Leisure Services Co-ordinator 7 1 Municipal Operations Administrative Assistant 4 1 Municipal Operations Engineering Services Technologist 8 3 Common Clerk Entry Level Clerical Position 1 Police Administrative Assistant 4 1 Fire Administrative Assistant 6 1 Planning and Development Administrative Assistant 5 1 Buildings & Inspections Services Technical Services Inspector 1 Buildings & Inspections Services Administrative Assistant 5 1 As positions become vacant and a further bilingual requirement is needed, consultation will take place between the Employer and the Union. If no agreement is reached, than Article 12, (Grievance Procedure) may be followed. Permanent employees, as of January 01, 2004, shall not be adversely affected by this provision. A qualified candidate who fails to satisfy the language requirements will be placed in the position subject to obtaining the predetermined language competency level. The Candidate will be required to demonstrate the designated proficiency level within a predetermined training period not to exceed twelve hundred (1200) hours. During this defined training period, the candidate will participate in accelerated language Version 6.0 July 03, 2008 Page 22 327 Memorandum of Settlement - City of Saint John and CUPE Local 486 training in order to acquire the predetermined language competency. The cost of such training will be at the employer's expense. However, should the employee be unable to complete the training due to unforeseen circumstances the training period shall be extended accordingly. Prior to the commencement of this training the incumbent will be assessed by a third party provider in order to determine their aptitude to learn the second language and identify the training needed. Following a successful assessment the employee, their manager, a representative of the union and a manager of human resources will develop a training plan that reflects the recommendations of the third party provider and meets the needs of the employee. The employee must actively participate in the training and the manager must fully support the employee in this endeavor. At any point during the training period the incumbent may request a test. Training will be considered time worked but the employee will not be entitled to overtime compensation for additional hours required related to training while participating in training. Further, should the incumbent acquire the defined language competency the employer and the employee must commit to an ongoing maintenance plan. However, should the incumbent be unable to satisfy the language requirements within the defined training period not exceeding twelve hundred (1200) hours, they will revert to their former position. The position would then be awarded to the next senior qualified candidate who had applied to this posting. Also, should the incumbent leave the position for any other reason during the training period the next senior qualified candidate will be placed in the position. Version 6.0 July 03, 2008 Page 23 328 Memorandum of Settlement - City of Saint John and CUPE Local 486 The employer may choose to fill the position with a bilingual casual employee for all or part of the period during which the permanent employee is participating in language training. This will be at the discretion of the department head. IN WITNESS WHEREOF the parties hereto have caused this agreement to be duly executed. Signed, sealed and delivered by the City of Saint John on the day of , 2008 City of Saint John Mayor Common Clerk Signed, sealed and delivered by the Local 486, Canadian Union of Public Employees on the day of , 2008 Local 486, Canadian Union of Public Employees President Secretary Version 6.0 July 03, 2008 Page 24 329 Memorandum of Settlement - City of Saint John and CUPE Local 486 MEMORANDUM OF AGREEMENT NO.5 Between The City of Saint John (hereinafter referred to as the "Employer") And Local 486, Canadian Union of Public Employees (hereinafter referred to as the `Union") SUBJECT: Return to Work Program 1. Each worker contributes to the effective delivery of services and to the overall success of the organization. Absences from duty as a result of illness or injury are costly and affect many, including workers, their families, managers, co- workers, health care providers, and the public we serve. The parties acknowledge the benefits of a timely return-to-work from illness or injury, and further recognize the importance of financial stability and support for employees absent from work due to illness or injury. 2. The Return-to-Work Program shall encourage employees absent from duty to focus on rehabilitation, help employees and managers understand their responsibilities related to return-to-work, and ensure full and constructive participation in the return-to-work process. It is the goal of the parties that employees absent from duty return to meaningful, safe and suitable employment as soon as it is appropriate to do so, preferably their pre-absence job. 3. A joint Return-to-Work Program shall come into effect on January 1 st, 2008. 4. The following principles shall guide development and administration of the Program: (a) Commitment to a culture of quality, wellness and timely return-to-work. (b) Joint responsibility for a timely return to meaningful, safe and suitable employment for employees absent from duty as a result of illness or injury. (c) Involvement of the worker in his/her rehabilitation and timely return-to-work. (d) Consensus based on interest-based principles and proactive, ongoing communication among partners in return-to-work. (e) Meaningful and productive work for returning employees that duly recognizes knowledge, skills and aptitudes. (f) Rehabilitation and gradual transition back to full regular or, when necessary, alternative duties. Version 6.0 July 03, 2008 Page 25 330 Memorandum of Settlement - City of Saint John and CUPE Local 486 (g) Obligations, responsibilities and rights under the Workers Compensation Act and the Human Rights Act. 5. Return-to-Work Committee (a) A joint Return-to-Work Committee shall develop and guide the Return-to- Work Program. The RTW Committee shall be of equal representation; two members designated each by the Union and the City Manager, facilitated by Human Resources. Health care professionals deemed essential by the Committee may be utilized. Members should be knowledgeable of obligations and responsibilities associated with return-to-work, have an understanding of the challenges often experienced by workers in returning after an absence, and appreciate the benefits of return-to-work and the full range of costs associated with workplace absences. (b) The Committee shall: develop procedures and guidelines, including a standard attending physician's form; provide guidance for suitable alternate work assignments; communicate and promote the Program in the workplace; organize return-to-work teams for individual return-to-work plans; provide guidance and support to workers, management staff, case managers, health and other return-to-work professionals, including representatives of the Workplace Health, Safety and Compensation Commission (WHSCC); meet regularly and maintain a record of meetings; apply interest-based principles towards resolving any disputes that may arise; review and analyze data relevant to absences from duty; and recommend Program improvements. Members shall understand obligations, responsibilities and rights under the Workers Compensation Act and the Human Rights Act. 6. Return-to-Work Teams (a) A return-to-work team shall be established to work with the employee who has been absent from duty for 70 consecutive working hours. (b) A team shall include the employee, and one member designated each by the Union and the Department Head, and will be administered by a Case Manager (from Human Resources staff). (c) Each return-to-work team shall: Develop the individual return-to-work plan for the employee; ii. Work proactively with the employee and health care professionals in the rehabilitation of the employee, including representatives of the WHSCC; iii. Encourage and support a timely, safe and healthy return to duty; iv. Ensure full dialogue with the employee and other stakeholders; Version 6.0 July 03, 2008 Page 26 331 Memorandum of Settlement - City of Saint John and CUPE Local 486 V. Respect principles of confidentiality and need to know; and vi. Understand obligations, responsibilities and rights under the Workers Compensation Act and the Human Rights Act. 7. Occupational Medical Advisor (OMA) The Return-to-Work Committee shall appoint an Occupational Medical Advisor (OMA) to objectively assess medical information to make recommendations for design of individual return-to-work plans, and to act as a liaison with the employee's attending physician to understand relevant restrictions or limitations. The OMA shall be knowledgeable of the Employer's and the Union's obligations and responsibilities concerning accommodation and return-to-work, as well as the various agencies and professionals available to assist in the return-to-work process. 8. Training and Administration (a) Members of the Return-to-Work Committee and RTW teams shall be required to participate in joint training to prepare them for their respective roles and responsibilities. (b) Program design shall be documented in a City of Saint John business practice, with details and related procedures developed collaboratively by the Union and Management - with due recognition of specific obligations, responsibilities and rights under the Workers Compensation Act and the Human Rights Act. 9. Confidentiality and Authorization to Disclose (a) The parties recognize individual rights regarding the confidentiality of employee medical information. Return-to-work procedures shall safeguard the confidentiality of that information with clear restriction to a need-to-know. (b) The disclosure of relevant medical information to the Occupational Medical Advisor (OMA) is essential to the return-to-work process. Sharing information on restrictions, limitations and prognosis for return-to-work shall be the responsibility of the employee. 10. Outline of the RTW Process (a) The need for return-to-work intervention is identified. (b) The Return-to-Work Committee assigns a return-to-work team. (c) The employee is informed and provided with a documentation package. (d) Required documentation, including the attending physician's statement, is forwarded to the Occupational Medical Advisor. Version 6.0 July 03, 2008 Page 27 332 Memorandum of Settlement - City of Saint John and CUPE Local 486 (e) The OMA may request supplementary information from the attending physician to better understand response to treatment, limitations, restrictions, and prognosis for return-to-work. (f) The OMA makes recommendations to the RTW Team and helps develop a return-to-work plan. (g) RTW Team oversees the specific return-to-work plan for the employee. (h) The Case Manager coordinates and reports on the process. (i) The employee is successfully reintegrated into the workplace. 11. Once an employee enters a RTW program that requires partial work days, no deduction from sick leave will occur provided the employees comes to work as scheduled. IN WITNESS WHEREOF the parties hereto have caused this agreement to be duly executed. Signed, sealed and delivered by the City of Saint John on the day of , 2008 City of Saint John Mayor Common Clerk Date of Common Council resolution Signed, sealed and delivered by the Local 486, Canadian Union of Public Employees on the day of , 2008 Local 486, Canadian Union of Public Employees President Secretary Version 6.0 July 03, 2008 Page 28 333 Memorandum of Settlement - City of Saint John and CUPE Local 486 MEMORANDUM OF AGREEMENT NO. 6 Between The City of Saint John (hereinafter referred to as the "Employer") And Local 486, Canadian Union of Public Employees (hereinafter referred to as the `Union") SUBJECT: Group Life Insurance Policy for Retirees In lieu of a $5,000 paid-up insurance policy upon retirement, all permanent employees who were employed by the City of Saint John on or prior to December 31, 2007 will receive a one time payment of $2,000. Only those employees identified in Schedule E will be entitled to payment and the payments will be issued based upon Schedule E. In order to receive this payment those listed in schedule E must be an employee on the date the payment is issued. IN WITNESS WHEREOF the parties hereto have caused this agreement to be duly executed. Signed, sealed and delivered by the City of Saint John on the day of , 2008 City of Saint John Mayor Common Clerk Signed, sealed and delivered by the Local 486, Canadian Union of Public Employees on the day of , 2008 Local 486, Canadian Union of Public Employees President Secretary Version 6.0 July 03, 2008 Page 29 334 Memorandum of Settlement - City of Saint John and CUPE Local 486 Version 6.0 July 03, 2008 Page 30 335 REPORT TO COMMON COUNCIL July 21, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECTS Proposed Collective Agreement - CUPS Local 486 BACKGROUND C ry of Saint John At its Committee of the Whole meeting on July 07, 2008, Common Council considered the attached report from staff and adopted its recommendations. We have now been advised by the President of Local 486 that the membership have ratified the approval of the new agreement. RECOMMENDATION It is recommended that subject to approval by the City Solicitor as to legality and form, Common Council authorize the Mayor and Common Clerk to execute the Collective Agreement and associated Memorandum of Agreements, between the City of Saint John and CUPS Local 486, for the period January 01,'2008 and December 31, 2011.. Ted nce Totten, FCA. City Manager 336 July 7, 2008 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Collective Agreement - CUPE Local 486 BACKGROUND The Collective Agreement between the City of Saint John and the Canadian Union of Public Employees Local 486, representing the City's inside workers, expired on December 31, 2007. Local 486 represents the Clerical and Technical staff of the City of the Saint John and of the Board of Commissionaires - Saint John Police Force. The Employer's negotiating team included: Name Position Bill Todd Chief Administrative Officer, Saint John Police John McIntyre Manager, Human Resources Marven Corscadden Director, Finance & Human Resources, Saint John Police Cathy Graham Controller Amy Poffenroth Manager, Building Maintenance John Clack Manager, Customer Service, Municipal Operations Bernie Morrison Commissioner, Leisure Services Your team initially established two objectives for the negotiations process: 1. Finalizing a new collective agreement that is balanced, consistent, flexible and fiscally responsible. 337 Report to Common Council Agreement - Local 486 July 07, 2008 2. Enhancing the relationship with CUPE Local 486 and its members that strives to reach a common understanding of issues and interests of the parties. The previous Collective Agreement obligates the Employer to undertake a complete job evaluation of all positions. This process required all positions within the bargaining unit to be evaluated, and subject to specific conditions, the salary of the incumbent adjusted accordingly. A similar process was undertaken in 2000. The job evaluation process, including the potential outcomes, was problematic for the Employer. In addition, the time commitment - by management, the unionized employees and the administration in general -would place pressures on the ability of the organization to deliver its day to day services. Given this, and in addition to the established objectives, the decision was made, as part of the negotiations process, to discuss with the Local the termination of the CUPE Job Evaluation process. Negotiations began in November, 2007 and following several months of meetings a tentative agreement has been reached at the negotiating committee level subject to ratification by the parties. The purpose of this report is to provide Common Council with a summary of the terms and conditions of the proposed agreement. ANALYSIS Attached with this report is a Memorandum of Settlement that outlines the proposed additions/changes/revisions to the current agreement. KEY ELEMENTS 1.0 Term The proposed agreement provides for a four year term commencing January 1, 2008 and expiring December 31, 2011. 2.0 Wage Increases The agreement calls for a wage increase of thirteen (13) percent over the four year term as follows: 2 338 Report to Common Council Agreement - Local 486 July 07, 2008 2008 2009 2010 2011 3.5% 3.25% 3.25% 3.0% 3.0 Medical, Health and Dental Benefits The proposed agreement provides for the costs of Medical, Health and Dental benefits to be shared on a 75% (Employer) 25% (Employee) basis. This is a change from the 2004-2007 agreement, where the Employer's contribution was fixed, but this is the same cost-sharing that is provided for members of CUPE Local 61 and management staff. A key change to this article is the requirement for all new employees to be members of the plan. Further current employees who opt out of participating in the plan by December 31, 2008, will not be eligible to join the plan in the future. This deals with the situation where an employee decides to join the plan late in their career with the City, and take advantage of its benefits, without having fully contributed to its costs. 4.0 Group Life Insurance for Retirees The current contract provides for the Employer to provide all Local 486 employees with a $5,000 life insurance policy upon their retirement. In lieu of this benefit, it is proposed that all current employees be given a one time payment of $2,000. This payment would be made to approximately 25% of the members each year over the term of the agreement. While there will be an initial cost of about $200,000 spread over the term of the agreement, there will be elimination of future financial obligations to employees as well a reduction in the amount of staff time required to administer the plan. Further it is our view that collective agreements should only cover active employees. This change removes the above noted benefit for future retirees. 5.0 Return to Work Program The proposed agreement provides, as outlined in Memorandum of Agreement No. 5, for the establishment and administration of a Return to Work Program. While sick time is generally not a problem with the members of this Local, nonetheless, this Memorandum does detail a process for dealing with 3 339 Report to Common Council Agreement - Local 486 July 07, 2008 employees who have missed seventy (70) consecutive hours of sick time. Similar provisions are provided for in the agreements with Local 771 and Local 18. This also provides the Employer and the Employee with a defined process that identifies those employees with disabilities. 6.0 Staffing and Development A key initiative of your team was to clarify and enhance a number of articles related to staffing. In that light the proposed agreement provides for new wording related to the selection of candidates for all positions and assignments as well as to how casual employees may be utilized and placed. This will ensure that these positions and assignments are occupied by qualified candidates, while providing for enhanced opportunities for promotions to be from within the organization. The proposed agreement also provides for consolidation of a number of `administrative' classifications. This will provide the opportunity for the Employer to transfer employees within the same classification, and it provides the opportunity for employees to apply for positions within the same classification. These changes will provide for greater flexibility in staffing and will potentially result in a more skilled and knowledgeable work force. Embarking on a Performance Appraisal program is a proposed new initiative. The program is to be undertaken beginning in January, 2009 and will provide for enhanced communications between employees and their manager- supervisor. This program is recognized as a critical part in ensuring the organization has the necessary skills and abilities to meet the community's service expectation. It is acknowledged, however, ensuring its success will place additional strain on the overall resources of the organization. Replacement of the former Job Evaluation program with a Job Classification program is outlined in Memorandum of Agreement No. 1. This program will be developed in conjunction with a third party consultant. A total review of all positions within the bargaining unit will not occur before January 01, 2011. 4 340 Report to Common Council Agreement - Local 486 July 07, 2008 FINANCIAL IMPLICATIONS The proposed financial terms and conditions have been reviewed and discussed with the Commissioner of Finance. RECOMMENDATION It is recommended that Common Council, sitting as Committee of the Whole, direct the City Manger to advise the President of CUPE Local 486, that the Committee has directed the Common Clerk to place on the next open session meeting of Common Council the following resolution, if requested by the Local: " It is recommended that subject to approval by the City Solicitor as to legality and form, Common Council authorize the Mayor and Common Clerk to execute the Collective Agreement and associated Memorandum of Agreements, between the City of Saint John and CUPE Local 486, for the period January 01, 2008 and December 31, 2011." Respectfully submitted, William D. Todd Chief Administrative Officer Saint John Police Force Terry Totten, FCA. City Manager s 341 July 16, 2008 Your Worship and Councillors: SUBJECT: Proposed Folkins Estates Subdivision, Phases 5 & 6 1433 Loch Lomond Road (File) The Committee considered the attached report at its July 15, 2008 meeting. Mr. Richard Turner of Hughes Surveys & Consultants Inc. attended the meeting on behalf of the applicant and expressed agreement with the staff recommendation. No other persons attended the meeting and no letters were received. After considering the matter, the Committee adopted the recommendation in the attached report. RECOMMENDATION: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Folkins Estates Inc. (Phases 5 & 6) tentative subdivision, including the proposed public and future streets and any necessary municipal services and/or public utility easements. 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. That Common Council assent to the requested Land for Public Purposes dedication of approximately 3820 square metres (41,119 square feet), and under the authority of Section 57 of the Community Planning Act, authorize the release of an approximate 905 square metre (9,742 square foot) portion of the existing L.P.P., which are intended to become portions of proposed Lots 08-64 & 08-69. Respectfidly submitted, Stephen Horgan Chairman Attachments Project No. 08-291 342 DATE: JULY 11, 2008 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF JULY 15, 2008 Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Hughes Surveys and Consultants Inc. Name of Owner: Folkins Estates Inc. and City of Saint John Location: 1433 Loch Lomond Road (File) PID: 55186597 & 55187124 Municipal Plan: Low Density Residential Zoning: "R-2" One and Two Family Residential Proposal: To re-assent to the final phases of a subdivision development. Type of Application: Subdivision and Variances that would: (a) Allow an extension of a public street with a dead- end terminus when a cul-de-sac turnaround would normally be required; 343 Folkins Estates Inc. (Phases 5 & 6) 1433 Loch Lomond Road (File) Page 2 July 11, 2008 (b) Reduce the minimum cul-de-sac diameter standard of 37.5 metres (124 feet) to approximately 30 metres (100 feet); and (c) Eliminate the requirement for a sidewalk along a short cul-de-sac street. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and municipal services and public utility easements, and the authorization of City/Developer Subdivision Agreements. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Subdivision By-law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Follcins Estates Inc. (Phases 5 & 6) tentative subdivision, including the proposed public and future streets and any necessary municipal services and/or public utility easements. 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. That Common Council assent to the requested Land for Public Purposes dedication of approximately 3820 square metres (41,119 square feet), and under the authority of Section 57 of the Community Planning Act, authorize the release of an approximate 905 square metre (9,742 square foot) portion of the existing L.P.P., which are intended to become portions of proposed Lots 08-64 & 08-69. 4. That the Planning Advisory Committee grant the following variances from the requirements of the Subdivision By-law that would: (a) Allow a fiirther extension of Old Lake Trail with a dead-end terminus when a cul- de-sac turnaround would normally be required, on the condition that a paved 344 Folkins Estates Inc. (Phases 5 & 6) Page 3 1433 Loch Lomond Road (File) July 11, 2008 turnabout with a minimum diameter of 26 metres (85 feet) is provided by the developer, as generally illustrated on the submitted engineering plan; (b) Reduce the minimum cul-de-sac diameter standard of 37.5 metres (124 feet) to approximately 30 metres (100 feet) for proposed Lake Ridge Court (to be named Blackall Court); and (c) Eliminate the requirement for a sidewalk along this proposed cul-de-sac street. BACKGROUND: In June 2003 the Planning Advisory Committee and Common Council favourably considered an overall tentative plan for the Follcins Estates Subdivision (see attachments). This plan involved 3 new public streets with approximately 40 serviced residential lots. The plan also involved several Land for Public Purposes dedications, some of which were to later be released in exchange for the eventual dedication of a large parcel of land adjacent to Blackall Lake. In October 2003 the Committee considered another application from the developer seeking permission to rezone the subject property from "RS-2" One and Two Family Suburban Residential to "R-2" One and Two Family Residential. The PAC recommended the requested rezoning subject to certain Section 39 conditions. These conditions required that development of the property had to be in accordance with the tentatively approved plan of approximately 40 serviced lots, and that the constriction of semi-detached buildings be prohibited. The requested rezoning with the recommended conditions was later approved by Common Council. In June 2007 the PAC considered a fiirther application from the developer seeking to vest a 4800 square metre (51,668 square foot) portion of the originally proposed Land for Public Purposes dedication adjacent to Blackall Lake. The application also involved the release of an existing L.P.P. dedication, the approval of a right-of-way to the new L.P.P. dedication, and the renaming of one of the streets. In July 2007 Common Council assented to the proposed L.P.P. dedication. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed subdivision: (a) Municipal services can be extended from the existing developed portion of this subdivision in order to service the new lots. (b) Phase 5 must include a properly constricted temporary gravel turnaround. 345 Folkins Estates Inc. (Phases 5 & 6) 1433 Loch Lomond Road (File) Page 4 July 11, 2008 (c) Phase 6 must include a permanent cul-de-sac at the end of Lake Ridge Court. Additionally, a permanent cul-de-sac must be constricted at the end of Old Lake Trail. This should be in the vicinity of proposed Lot 03-68. The turnabout must be in accordance with City requirements. (d) The Subdivision By-law requires a minimum cul-de-sac diameter of 37.5 metres (124 feet). Lake Ridge Court would only have a diameter of 30 metres (100 feet). However, due to the short length of this proposed cul-de-sac, and provided an actual radius of 13 metres (43 feet) is provided between curbs (which is the normal standard), the requested variance for the reduced diameter can be supported. (e) Further, a sidewalk should not be required for Lake Ridge Court as the proposed sidewalk is on the opposite side of the street (i.e., Old Lake Trail), making any sidewalk along this cul-de-sac impractical. Building and Technical Services has no comments regarding this application. Saint John Transit has indicated that they provide seven return trips each weekday along Loch Lomond Road. A public Park and Ride lot adjacent to Loch Lomond Road would enhance the probability that these residents might be inclined to use public transit as an option to travel to the Uptown area. Saint John Energy has indicated that there are underground facilities in the area to service the proposed fiiture phases of the subdivision. Details and costs concerning the extension of service can be discussed with the developer later. Aliant Telecom has indicated that underground facilities will be required. The details and costs associated with extending service to the proposed lots will be discussed fiirther with Saint John Energy and the developer. Rogers has been advised of this residential subdivision development. Maritimes & Northeast Pipeline has no concerns with regards to this proposal. Leisure Services had previously supported the dedication of public land adjacent to the lake. Fire Department has been advised of this application. NB Department of Environment and Local Government has been advised of this subdivision. School Board has been advised of this matter. 346 Folkins Estates Inc. (Phases 5 & 6) Page 5 1433 Loch Lomond Road (File) July 11, 2008 ANAINSIS- The developer is seeking permission to undertake the final phases of the Follcins Estates Subdivision. The attached (revised) tentative plan illustrates 18 serviced residential lots, a further extension of Old Lake Trail, a new short cul-de-sac (Lake Ridge Court), and an undeveloped Future Street right-of-way. This revised plan is similar to the tentatively approved overall subdivision plan considered by the City in June 2003 (y'efey to the Background section of this report and the attached tentatively approved plays). The purpose of this report is to discuss the changes relating to street design and Land for Public Purposes. Revised Street Design and Variances The tentatively approved street design would have constricted Old Lake Trail all the way to the northern common property boundary to the Janet and Raymond Debly Property. The developer is now proposing to end the public street with a dead-end terminus adjacent to the John Colwell Property, but provide an undeveloped Future Street right-of-way for the benefit of the northern lands. The Subdivision By-law requires subdividers to provide such accesses to adjoining properties. Should the lands to the north eventually be developed, this 92 metre (302 foot) long right-of-way could be constricted by a fiiture developer. Eventual street connections to the Lakewood Heights and Bon Accord Subdivisions would also be sought. In the meantime, the Future Street would be vested to the City of Saint John with no obligation to undertake any improvements. Dead-end streets, other than cul-de-sacs, are prohibited unless a secondary access is provided in a fiiture phase of the subdivision, which has a temporary turnaround approved by the Chief City Engineer and owned by the City. The developer would like to constrict a 26 metre (85 foot) diameter turnabout within the proposed street rights-of-way and Land for Public Purposes area (see submitted engineering plan). Municipal Operations and Engineering is suggesting that a fully developed turnaround be constricted in the area where proposed Lot 03-68 would be situated. Given the number of lots along Old Lake Trail, and the uncertainty of when fiiture street extension will occur over adjoining undeveloped lands, carefiil consideration must be given with regards to this matter. A gravel temporary turnaround is not appropriate under the circumstances. However, the proposed turnabout as illustrated on the submitted engineering plan is considered reasonable to Planning staff, but given the uncertainty of when future development may occur on the adjoining Colwell property this turnabout should be paved with asphalt and curbed at least along the southern portion. When the street is further extended this turnabout can be removed. 347 Folkins Estates Inc. (Phases 5 & 6) Page 6 1433 Loch Lomond Road (File) July 11, 2008 The requested variance to allow Old Lake Trail to be fiirther extended with a dead-end terminus can be supported on the conditions mentioned above. Engineering would prefer a permanent cul- de-sac to be constricted to the south. Unfortunately, City staff were unable to fiirther discuss this matter prior to completing this report. However, Planning staff believes the extension is inevitable, and the approach proposed by the developer will avoid the necessity of land conveyances in the fiiture. In the end, the proposal with the recommended conditions will result in the same turnabout except for no curbing along the north side facing the undeveloped lands (i.e., Future Street and Land for Public Purposes). Also, the overall tentative plan in 2003 illustrated Lake Ridge Court with a reduced cul-de-sac turnabout of 30 metres (100 feet) instead of the required 37.5 metre (124 foot) standard. Municipal Operations and Engineering can support this reduction due to the short length of the proposed cul-de-sac street. Further, the submitted engineering plan for this new street shows a 26 metre (85 foot) diameter turnabout, being the same standard even when a proper turnabout right- of-way is provided. This can be accommodated since the developer is not proposing to constrict a sidewalk on this particular street, which would not be practical given its very short length and the distance from the proposed sidewalk on the opposite side of Old Lake Trail. The requested reduced turnaround diameter with no sidewalk can be supported by Engineering, and is consistent with the approval of similar short cul-de-sac streets approved by the City. Approval of these requested variances can therefore be recommended. Land for Public Purposes The other aspect of this revised layout involves the dedication and release of Land for Public Purposes. The City presently has a 4800 square metre (51,669 square foot or 1.2 acre) L.P.P. parcel adjacent to Blackall Lake. Access to this parcel is provided by a right-of-way approved by the Planning Advisory Committee in 2007 (see Background section of this report). A portion of the existing dedication is now proposed to become part of Lots 08-64 & 08-69 (shown as ci-oss-hatching on the submitted tentative plan). The developer would also vest a further dedication of 3820 square metres (41,119 square feet or 0.9 acres) immediately to the west of the existing L.P.P. parcel. The total L.P.P. dedication would be approximately 7703 square metres (82,917 square feet or 1.9 acres). In comparison, a dedication of only 3456 square metres (37,201 square feet or 0.85 acres) is required for the entire subdivision, providing a credit of 4247 square metres (45,716 square feet). The proposed L.P.P. dedication is consistent with the original design for the proposed subdivision. The enlarged dedication will continue to enjoy direct access to the lake, an important feature supported by Leisure Services. Public street access would be provided by the extension of Old Lake Trail and the proposed Future Street. Acceptance of the L.P.P. proposal can be recommended as requested by the developer. 348 Folkins Estates Inc. (Phases 5 & 6) 1433 Loch Lomond Road (File) Page 7 July 11, 2008 Street Naming When the overall tentative plan was approved by the City in 2003, the Planning Advisory Committee approved the requested street names except for "Lake Ridge Court," as there were a number of other streets in the community that used the word "lake." The name "Blackall Court" was recommended by staff and approved by the Committee. The revised tentative plan still uses this former street name. Unless an acceptable alternative street name is requested by the developer, the revised tentative plan must be corrected prior to final submission. CONCLUSION: The revised tentative subdivision plan is similar to the overall plan approved by the City in 2003. The requested variances can be supported as recommended. The Land for Public Purposes proposed by the developer can be supported. The staff recommendation includes all the necessary assents and approvals for the final phases of the Follcins Estates Subdivision. MRo Project No. 08-291 349 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT RS- 2, S 2a 4 RS- 2 RM-1 N RS- 2 en• °9~ M-1 • " i RS-2 ° RS- 2 IL 1 I-1 PID(s) / NIP(s): Subject Site / site en question: 55186597 55187124 Location: 1433 Loch Lomond Rd. / ch. Loch Lomond Date: June / juin 30, 2008 Scale / echelle: Not to scale / Pas a Mchelle 350 ';ors ° S f ~z~ C- ( S ' s Y ~ ~@ ° ~ K Y.lt 4 fat A'rf ~.-,r fn_ 33 , n ~Q I fr -n e ca \ ~O 7 3 Qk V D ~ Qi6q 9 Qa=a y ' ~ Q ~b J~ o ~'µy~s i n 'N jr. Rt la _ -b 44 41 ;b , ,fix. ► O . !b fit. , ti w _ Oil 4 t NS 14 .314 QN3 33! . -al _ Ia- E2 p + p` good Mttq° a{o 3p °p~necgpn m't t I r F prive Norm°n m ' ! y ; 1 1 -`t i ~ r• i t 1Yf r-~~ 'ors t r C) _ry~•^'" Y 't z t t" "r~/ 4'` ,,K, _ t~s•. ~ is w n<,e1,~J H ~f s • (Y. Cr ry` r,~ i )r a1j y a s I t , I "~7g ?f ! v Mr~RC~ 3 v' a~ j 4 ~2a,Mf T.`tn.. 9 l t / Y~i ~ n{4 a'0 J PX.~ F ~ 4.'~.' W l q ~ r _ tF'I 00, t ~'hr ~f. 'S i ~ r i 1:>• 1 e ! ..j'` G ~~~.~e ! 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I I I I ~ 3 ~ / ! h ' t ! \ j 1 ~ ' III I II ! , ! ~ I ~i1 II I III ` ~ f. \ 1 fj / ' l I'I l I I i II I I ~T !11 + I I I f J ! ' I ! ' I I 1I. ! .i ~i' l!I I'. jl I ! I~ I 1 l l i I r r ~ ~ ! l ` I I I I I I 4 ! ° ' I ! F' / \ ~ \ / + / < j ~ ; , ! ( j ' I'i ! II + I I I'l l I 1 I 1 ! III I' ~ / / ' ; ~ t II N I ll l li! I I I I ! } F j l / ~ ~ ' , . , • ~ 'i~ III it ~ ( ~ I . . I J Ii ! ~ ~ I~tI I ► I I I;I ~I I! ~ { I 1 i II E~rll If} j' fll! I ~Il ' i ~I } t '1 I~fi , I I I 1 ~ i t I ~I II 1 I. 1 1 i 11 li ! 1 i ! t! }I 1 f . r~ i ( ( . • t ~ ~ 1 i F ' . ai rl _"-s" _"r" ~ ~ . I B / l i ! i '2 C elf { I ~ . >pj m u L I I k ~ t 1 'R" _ . ( M d q I 4 ~ I ! I I~ , I l ~ I ~ H ; ~ ; f~~ I / i i'I'~{ I .IV I. i. ~ I~ ~ ~~~j 'I~ I~~ ~~fl ~.1 ~1 L ~ Y•i / / ,$l ' i i 1-'j} . . . .!I. { . .I- I t ' ~I ~I t TIP, i}y ly{ i. i. ' I. ..E~- ~~~5 : ~ ~ I If ~ I ~ I I 1 ~ ~ I I 1 1111 r ~ 1 } 1' I ~ • . . • ~ ~ J / ~ ~ ~ ~ II I 1 i . il ~ ' ` i I' ' ! • r ~ ~ ' / ;~••t YL+Q ~ / • ~ y ' K I ~ I ( i I 1 P tI A I ~ ~ CCCS ' \.\f 5E 1 G .I t ~I' I Y I ! ! I I qq I { I 1 11! H I TI l\ I ~ ~ I CCC I \ / I { II i ( ~y I I 1 l 4 I I I 1} I I 1 I L ..1. i L. ! ; ' I ! ' I 11C ~ 1 ~ ! ~II I ! ~ I 1 1 ; ! ' li I I I ~ I I I~' 1 ' 1 I 1 II 1 ~ ~ I ! 1 I . I I I II I ! I ~ ! .I I 1~ I I I I I I a~ I, J 1~ .od e Mayor and Common Council 15 Market Square P.O. Box 1971 Saint John, N.B. E2L 4L 1 Your Worship and Councillors : 20 Alt, ]Xf E12101 411-P-41 JII1C?: ~JUJ) 6 F)-JJ -10 r' ~ ~ ~J r r f f fJ ~ ~1'_. ~JJJ~ JJJ-JJ~•~ July 3, 2008 It had come to the attention of the I.L.A. Local 273 Executive Board that Deputy Mayor Chase and Saint John Port Authority Government Affairs and Public Relations Manager Bill Eaton were meeting one -on-one with Councillors and, at least on one occasion, they took a Councillor out to dinner for the purposes of presenting the case for the Irving Oil-Long Wharf deal. We must question the propriety of such meetings and question how many other Councillors meet under similar circumstances. We will make our position clear. The Deputy Mayor should not have been accompanying Mr. Eaton to any one- on- one's ; especially when one considers that the Deputy Mayor has already made public his position in favour of the Irving Oil-Long Wharf deal. It was certainly unfair to new Councillors - who had not yet had the opportunity to attend any orientation sessions - to subject them to such inapt pressure. More to the point, we can just hear the outcrys if the Mayor were accompanying an I.L.A. Local 273 official at dinner meetings, or otherwise, for the purposes of presenting the case against the Irving Oil-Long Wharf deal to individual Councillors. As his Worship and Councillors are aware, we did send out an information package to each member of Common Council as soon as we were advised of the meetings involving the Deputy 354 Mayor and Mr. Eaton. We also included a request, to each member of Common Council, to meet with us at a time and place of his convenience. To each member of Common Council that we did meet with - and there were four members - we also made clear that it would be inappropriate for us to ask for, or for them to give, any commitment whatsoever on the issue until they had all the information necessary to make an informed decision. We then proceeded to go through our information package and answered questions in respect to it. To each member of Common Council who did meet with us, we thank them for their fairness ; to each member of Common Council who did not meet with us but did meet with the proponents of the deal, we ask that you reconsider as to whether that is a fair stance. We also thank the new members of Common Council for showing the wisdom not to agree to the Irving Oil-Long Wharf deal until they are properly informed. To those members of Common Council who have already publicly stated an opinion on this most important matter, like Deputy Mayor Chase and Councillor McGuire, we suggest that they may have crossed the line. In any event, we respectfully request that Your Worship and Councillors solicit an opinion from the Common Clerk and City Solicitor on the concerns raised by us in this correspondence. We also respectfully request that you keep in mind the relevance of these concerns to the Irving Oil-Long Wharf debate. Sincerely yours, Patrick T. Ril y Business Agent Secretary Treasurer c.c. Legal Counsel 2 355