2006-06-19_Agenda Packet--Dossier de l'ordre du jour
City of Saint John
Common Council Meeting
Monday, June 19,2006
Location: Common Council Chamber
Committee of the Whole
1. Call to Order - 5:00 pm
1.1 Property Matter 1 0.2( 4)( d)
1.2 Employment Matter 1 0.2( 4)(j)
Regular Meeting
1. Call to Order - Prayer,
5: 15 p.m.
2. Approval of Minutes
2.1 June 5, 2006 Minutes
3. Adoption of Agenda
4. Disclosures of Conflict of Interest
5. Adoption of Consent Agenda
5.1 Request to present from Village Neighbourhood Association (Refer to Clerk
to schedule)
5.2 Request from staff to update council on Vision 2015 (Refer to Clerk to
schedule)
5.3 BKP Vending Brian Perreault Request for Amendment to Vendor's License
(Refer to City Manager)
5.4 Steven Tingley Requesting Street Grand Opening at 120 Germain Street
(Refer to City Manager)
5.5 Saint John Development Corporation Request to Present (Refer to Clerk to
Schedule)
5.6 Horst Sauerteig Council's Decision Concerning Bnmswick Pipeline Project
(Receive for Info)
5.7 Parking By-law Amendment (Refer to City Solicitor)
5.8 Contract 2006-17: Chip Seal- 2006 (Award tender as recommended)
5.9 Contract 2006-22 Charlotte St West Champlain St to Lancaster Ave Sewer
Constmction (Approve contract as recommended)
5.10 Contract 2006-28: Argyle St Sand Cove Rd to Civic No 418 - Water &
Sewer Renewal (Approve contract as recommended)
5.11 Tender 2006-084901 T - Shamrock Tennis COUli Resurfacing (Approve
tender as recommended)
5.12 New Three-Way Stop Sign on Douglas Ave at Bentley St (Receive for
info)
5.13 Contract 2006-23: Lawrence St - Watermain Looping (Approve contract as
recommended)
5.14 Howes Lake Landfill Closure (Receive for info)
5.15 Study Westgate Park Sanitary System & Lift Station and Design and
Constmction Management Busby St Sanitary Lift Station (Accept proposal as
recommended)
5.16 New Traffic Signals on Adelaide St Westmorland Rd and Somerset St
(Receive for info)
5.17 Millidgeville Wastewater Treatment Plant Upgrade Tour (Receive for info)
5.18 St. Peter's Court(Receive for info)
5.19 Termination of Lease - Stall #4 City Market (Accept surrender oflease)
5.20 Constmction of New Water Pipeline Amendment to Easement Acquisition
Dexter Constmction (Amend resolution as recommended)
5.21 Planning Advisory recommendation assent Land for Public Purposes
dedication Cambridge Estates Phase II (Assent LLP as recommended)
6. Members Comments
7. Proclamation
8. Delegations / Presentations
8.1 8:00 p.m. Saint John Board of Police Commissioners
9. Public Hearings
7:00 p.m.
9.1 Proposed Street Closing Westmorland & Saint Catherine Streets & Hays
Avenue
9.2(a) Proposed Zoning By-law Amend - 308 Lowell St
9.2(b) Planning Advisory recommending rezoning - 308 Lowell Street
9.3(a) Proposed Zoning By-law Amend - 172 Tower St
9.3 (b) Planning Advisory Committee Recommending Rezoning at 172 Tower
Street
9.4(a)(b)(c) Proposed Municipal Plan Amend & Zoning By-law Amend with
objection letter - 310 Westmorland Rd
9.4(d) Planning Advisory recommending Municipal Plan Amendment and
Rezoning 310 Westmorland Road
10. Consideration of By-laws
10.1 Vesting of Lanes - Tisdale Place
10.2(a)(b) 3rd Reading Zoning By-Law Amendment 1032 McCavour Drive and
Section 39 Conditions
10.3(a)(b) 3rd Reading Zoning By-Law Amendment 2075 Loch Lomond Road
and Section 39 Conditions
11. Submissions by Council Members
11.0 Council Proceedings (Mayor McF arlane)
11.1 One Mile House Interchange (Councillor Chase )(Referred June 5)
11.2 Town Hall Meeting - Ability Issues (Councillor McGuire) (Referred June 5)
11.3 Fiscal Imbalance (Councillor Titus)
11.4 Special Meeting Teach in on Pension Issues (Councillor Titus)
11.5 Policy to Deal with Storm Water Management (Councillor Court)
11.6 Maintenance of green areas (Councillor Farren)
11. 7 Recent Flouride Chemical Incident (Councillor Chase)
11.8 Update on STAC Committee Initiative (Deputy Mayor Hooton)
11.9 Canada US Stamp
12. Business Matters - Municipal Officers
12.0 Contract 2006-16: Asphalt Concrete Resurfacing - 2006 (Referred June 5)
12.1 Tender for Traffic Signal Materials (Referred June 5)
12.2 Tender Roofing Repairs - St. Patrick Pedway (Referred June 5)
12.3 Long Term Financial Outlook (Tabled June 5, 2006)
12.4 Service Agreement - Role Oriented Access Management (ROAM)
Agreement
12.5 Arbitration under Contract
12.6 Approval to Operate W-254 Drinking Water Distribution & Treatment
Facilities
12.7 Contingency Plan for Drinking Water Facilities
12.8 Latimer Lake Water Treatment Facility - June 2006 Fluoride Incident and
Other Matters
12.9 Watermain Cleaning and Lining Program
12.10 Flooding June 4-5 Glen Falls
12.11 Flooding GlenwoodlWest Side Estates June 4-5
12.12 Crane Mountain Leachate Agreement and W &S By-Law Amendment
12.13 Emera Bnmswick Pipeline Company Ltd NB Environmental Impact
Assessment Registration
12.14 Zoning Issue
12.15 Harbour Station - Staging
12.16 Proposed Agreement Simonds Volunteer Fire Department
13. Committee Reports
13.1 Planning Advisory Recomnmending Manchester Estates Subdivision 1040
Manawagonish Rd & 1032 McCavour Dr
14. Consideration of Issues Separated from Consent Agenda
14.1 Letter Regarding Property on King Street (Recieve for Information)(Referred
June 5, 2006
15. General Correspondence
15.1 Patty Higgins Request to Present Regarding LNG Pipeline Through City
(Referred June 5)
15.2 Active Transportation Saint John Request to Present
15.3 Proposed renaming pedway between Bmnswick Square and City Market
15.4 Request for funding from Latimore Lake and Area Community Association
16. Adjournment
City of Saint John
Seance du conseil communal
Le lundi 19 juin 2006
Emplacement: Salle du conseil communal
Comite plenier
1. Ouverture de la seance: 17 h
1.1 Question relative it la propriete - alinea 1 0.2( 4)d)
1.2 Questions relatives it l'emploi - alinea 10.2(4)j)
Seance ordinaire
1. Ouverture de la reunion, suivie de la priere.
17 h 15
2. Approbation du proces-verbal
2. 1 Proces-verbal de la seance tenue Ie 5 juin 2006
3. Adoption de l'ordre du jour
4. Divulgations de conflits d'interets
5. Adoption de l'ordre du jour relatif aux questions soumises it l'approbation du
conseil
5.1 Demande de l'Association Village Neighbourhood de se presenter devant Ie
conseil (transmettre au greffier pour qu'une date de presentation soit fixee)
5.2 Demande du personnel pour presenter un compte rendu sur la Vision 2015 au
conseil (transmettre au greffier pour qu'une date de presentation soit fixee)
5.3 Demande de Brian Perreault de BKP Vending visant it modifier la licence de
marchand (transmettre au directeur general)
5.4 Demande de Steven Tingley concernant la grande ouverture de la me au 120,
me Germain (transmettre au directeur general)
5.5 Demande de presentation de la Saint John Development Corporation
(transmettre au greffier pour qu'une date de presentation soit fixee)
5.6 Decision du conseil de Horst Sauerteig concernant Ie projet de gazoduc
Bn1l1swick (accepter it titre informatif)
5.7 Modification de l'arrete sur les stationnements (transmettre it l'avocat
municipal)
5.8 Contrat 2006-17 relatif it la pose d'enduit superficiel pour 2006 (accorder la
soumission tel que recommandee)
5.9 Contrat 2006-22 relatif it l'amenagement d'un reseau d'egouts de la me
Charlotte, de la me Champlain Ouest it l'avenue Lancaster (approuver Ie contrat tel que
recommande)
5.10 Contrat 2006-28 relatif au reamenagement du reseau d'aqueduc et d'egouts de
la me Argyle, du chemin Sand Cove au nO 418 (approuver Ie contrat tel que recommande)
5.11 Soumission 2006-084901 T relative au resurfa<;age des courts de tennis
Shamrock (approuver la soumission tel que recommandee)
5.12 Nouveau panneau d'arret trois sens it l'intersection de l'avenue Douglas et de
la me Bentley (accepter it titre informatif)
5.13 Contrat 2006-23 relatif au bouclage de conduite maltresse de la me
Lawrence (approuve Ie contrat tel que recommande)
5.14 Fermeture du site d'enfouissement du lac Howes (accepter it titre informatif)
5.15 Etude du systeme d'egouts sanitaires et de la station de relevement du parc
Westgate ainsi que gestion de la conception et de la constmction de la station de
relevement sanitaire de la me Busby (accepter la proposition tel que recommandee)
5.16 Nouveaux feux de circulation sur la me Adelaide, Ie chemin Westmorland et
la me Somerset (accepter it titre informatif)
5.17 Visite de l'usine de traitement des eaux usees modernisee de
Millidgeville( accepter it titre informatif)
5.18 Impasse St. Peter's (accepter it titre infonnatif)( accepter it titre infonnatif)
5.19 Resiliation du bail de location de l'etal nO << 4 >> au Marche municipal
(accepter la resiliation du bail)
5.20 Constmction d'une nouvelle conduite d'eau et modification relative it
l'acquisition d'une emprise en ce qui a trait it la constmction sur la promenade Dexter
(modifier la resolution tel que recommandee)
5.21 Comite consultatif d'urbanisme recommandant d'accepter l'affectation du
terrain d'utilite publique aux fins de la phase 11 du lotissement Cambridge Estates
(approuver la demande de terrain d'utilite publique comme il est recommande)
6. Commentaires presentes par les membres
7. Proclamation
8. Delegations et presentations
8.1 20 h Bureau des commissaires de la police de Saint John
9. Audiences publiques
19 h
9.1 Projet de fermeture des mes Westmorland et Saint Catherine et de l'avenue
Hays
9.2a) Projet de modification de l'arrete sur Ie zonage visant Ie 308, me Lowell
9.2b) Comite consultatif d'urbanisme recommandant Ie rezonage du biens-fonds
situe au 308, me Lowell
9.3a) Projet de modification de l'arrete sur Ie zonage visant Ie 172, me Tower
9.3 b) Comite consultatif d 'urbanisme recommandant Ie rezonage du biens-fond s
situe au 172, me Tower
9.4a)b)c) Projet de modification du plan municipal et de l'arrete sur Ie zonage
visant Ie 310, chemin Westmorland et presentation des lettres d'opposition
9.4d) Comite consultatif d'urbanisme recommandant les modifications du plan
municipal et Ie rezonage du terrain situe au 310, chemin Westmorland
10. Etude des arretes municipaux
10.1 Devolution des allees - place Tisdale
1 0.2a)b) Troisieme lecture de la modification de l'arrete sur Ie zonage et des
conditions imposees par l'article 39 relativement au terrain situe au 1032, promenade
McCavour
10.3a)b) Troisieme lecture de la modification de l'arrete sur Ie zonage et des
conditions imposees par l'article 39 relativement au terrain situe au 2075, chemin Loch
Lomond
11. Intervention des membres du conseil
11.0 Deliberations du conseil (maire McFarlane)
11.1 Echangeur d'un mille ( conseiller Chase) (se reporter au 5 juin)
11.2 Assemblee publique locale - problemes relatifs it la capacite (conseiller
McGuire) (se reporter au 5 juin)
11.3 Desequilibre fiscal (conseiller Titus)
11.4 Reunion extraordinaire dans Ie but de participer it un seminaire sur les
questions liees au regime de retraite (conseiller Titus)
11. 5 Politique en matiere de gestion des reseaux pluviaux ( conseiller Court)
11.6 Entretien des espaces verts (conseiller Farren)
11.7 Recent incident afferent au fluomre ( conseiller Chase)
11.8 Mise it jour de l'initiative du comite STAC (maire suppleant Hooton)
11.9 Timbre CanadalEtats-Unis
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.0 Soumission pour Ie contrat 2006-16 : Travaux de resurfa<;age au moyen de
beton asphaltique pour 2006 (se reporter au 5 juin)
12.1 Soumission relative au materiel pour feux de circulation (se reporter au
5 juin)
12.2 Soumission relative aux reparations des toits - passerelle St. Patrick (se
reporter au 5 juin)
112.3 Perspectives financieres it long tenne (reporte au 5 juin 2006)
12.4 Convention de services - Entente relative it la technologie Role-Oriented
Access Management (ROAM) - Gestion d'acces it distance axee sur Ie role
12.5 Arbitrage en vertu du contrat
12.6 Autorisation d'exploitation de la distribution de l'eau potable (W-254) et des
usines de traitement
12.7 Plan d'urgence concernant les installations d'alimentation en eau potable
12.8 Usine de traitement des eaux usees du lac Latimer - incident lie au fluomre
et autres affaires
12.9 Nettoyage de la conduite d'eau principale et programme de revetement
interieur
12.10 Inondation it Glen Falls les 4 et 5 juin
12.11 Inondation de la promenade Glenwood et de West Side Estates les 4 et
5 juin
12.12 Entente relative aux produits de lixiviation de la montagne Crane et
modification de l'arrete relatif au reseau d'aqueduc et d'egouts
12.13 Etude des impacts sur l'environnement du Nouveau-Bmnswick -
Enregistrement de Emera Bmnswick Pipeline Company Ltd.
12.14 Question relative au zonage
12.15 Harbour Station - Etapes
12.16 Convention proposee avec Ie service d'incendie benevole de Simonds
13. Rapports de comites
13.1 Comite consultatif d'urbanisme recommandant que soit approuve Ie projet de
lotissement Manchester Estates situe au 1040, chemin Manawagonish et au
1032, promenade McCavour
14. Etude des sujets ecartes des questions soumises it l'approbation du conseil
14.1 Lettre concernant une propriete situee sur la me King (accepter it titre
informatif) (se reporter au 5 juin 2006)
15. Correspondance genera Ie
15.1 Demande de Patty Higgins visant it faire une presentation concernant Ie
pipeline de GNL it travers la ville (se reporter au 5 juin)
15.2 Demande soumise par Active Transportation Saint John en vue de faire une
presentation devant Ie conseil
15.3 Projet de changement du nom du reseau pietonnier entre Ie Bn1l1swick
Square et Ie marche municipal
15.4 Demande de financement de l'Association de la collectivite de la region du
lac Latimore
16. ClOture de la reunion
92-273
COMMON COUNCIL 1 CONSEIL COMMUNAL
JUNE 5, 20061 LE 5 JUIN 2006
COMMON COUNCIL MEETING - THE CITY OF SAINT JOHN
CITY HALL - JUNE 5, 2006, 6:30 P.M.
present
Norman McFarlane, Mayorr
Deputy Mayor Hooton an<il Councillors, Chase, Court, Farren,
Ferguson, McGuire and Titus
- and -
1. Totten, City Manager; J. Nugent, City Solicitor; A. Beckett,
Deputy City Manager of Rrograms and Priorities and Acting
Treasurer; P. Groody, CO(T1missioner of Municipal Operations; J.
Baird, Commissioner of Planning and Development; W. Edwards,
Commissioner of Buildings and Inspection Services; R. Simonds,
Fire Chief; A. Bodechon, Chief of Police; P. Woods, Common
Clerk and Deputy City Manager; and J. Ferrar, Administrative
Assistant
REUNION DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN
A L'HOTEL DE VILLE, LE 5 JUIN 2006 i118 h 30
Sont presents:
Norman McFarlane, maire
Ie maire supph3ant Hooton et les conseillers Chase. Court,
Farren, Ferguson, McGuire et Titus
et
T. Totten, directeur generFlI; J. Nugent, avocat municipal; A.
Beckett, directeur general! adjoint, programmes et priorites et
tresorier par interim; P. Groody, commissaire aux operations
municipales; J. Baird, cormmissaire a I'urbanisme et au
developpement; W. Edwards, commissaire aux services
d'inspection et des batimElnts; R. Simonds, chef du service
d'incendie; A. Bodechon, chef de police; P. Woods, greffier
communal et directeur general adjoint; et J. Ferrar, adjointe
administrative.
1. Call To Order - Prayer
Mayor McFarlane called the meeting to order and Reverend Dave Warren
offered the opening prayer.
1. Ouverture de la reunion, suivie de la ptiere
la seance est ouverte par Ie maire McFarlane et Ie pasteur Dave Warren
recite la priere d'ouverture.
2. Approval of Minutes
On motion of Councillor Ferguson
Seconded by Councillor Court
RESOL VEQ that the minutes of the meeting of
Common Council, held on May 23, 2006, be approved.
Referring to items 8.1 and 13.4 from the May 23, 2006, 2005 Financial Statements and
Management Pay Scale respectively, Councillor Ferguson pointed out that the pension
plan situation has worsened and proposed a motion in this regard.
On motion of Councillor Ferguson
Seconded by Councillor Court
RESOLVED that Common Council engage an
independent third party expert in the area of pension law, pension administration,
pension structure and pension investment to perform a complete and thorough review of
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COMMON COUNCIL / CONSEIL COMMUNAL
JUNE 5, 2006/ LE 5 JU1N 2006
The City of Saint John's Pension Plan. To ensure publiC confidence in the final report,
this independent third party engagement must be free from staff, members of the
Pension Board and Common Council.
Councillor Ferguson expressed concern regarding the financial status of the pension
plan and stressed the need for a complete independent third party review. Councillor
Farren spoke in support of the proposed motion and Councillor Court questioned if the
City has any protection if the markets drop as they did approximately three years ago, to
which Mr. Beckett responded there is no guarantee against a downturn and pointed out
the Pension Board has taken actions to diversify it's investments so that if there is a
particular downturn in the investment it would be marginalized by having investments in
a number of different places.
Responding to a question raised by Councillor Chase, Mr. Totten referenced a
December 19, 2005 motion of Council requesting an independent professional report
with recommendations from the Pension Plan's Actuary, Morneau Sobeco, and
explained that he anticipates a report from the firm following their meeting with the
Pension Board on June 7~. Councillor Chase advised that he could not support the
proposed motion and explained his preference would be to wait for the report from
Morneau Sobeco. Mr. Totten suggested it would be beneficial for Council members if
the Pension Board's Actuary - Fred Lewis of Morneau Sobeco, Solicitor - Deno Pappas
of Clark Drummie, and Investment Manager - Vanio Keelmann of API Asset
Performance Inc. were to make a presentation to Counoil taking them through the
pension investment process.
Councillor Titus advised that he could not support the proposed motion and spoke in
support of Mr. Totten's suggestion and recommended this presentation take place in two
weeks.
Question being taken, the motion was defeated with Mayor McFarlane,
Deputy Mayor Hooton, and Councillors Chase, Titus and McGuire voting "nay".
Councillor Court proposed a motion that Council delay the management pay increases,
with the exception of a 2% cost of living increase, until the 2007 budget deliberations are
completed. Councillor Titus raised a point of order expressing the view that the
proposed motion Is to reconsider a motion which was passed by Council on May 23rd
and stated that it must come from someone in the affirmative. Mayor McFarlane asked
the Common Clerk to rule on the matter.
Referring to Sections 3.10 and 3.11 of the Procedural By-law of Council, Motion to
Rescind and Reconsideration - any decision respectively, Mr. Woods read the definitions
and expressed the opinion that the proposed motion is a reconsideration and must be
made by one of the prevailing side. Mayor McFarlane confirmed that the proposed
motion is ruled out of order.
On motion of Councillor Ferguson
Seconded by Councillor Farren
RESOLVED that the rules and regulations of the
by-law entitled "By-law Number M-5 a By-law Respecting the Procedures of the
Common Council of The City of Saint John" be suspended to enable Councillor Court to
make a motion.
Mr. Woods stated the original order of business was the adoption of the minutes; noted a
matter was raised pursuant to the minutes which was defeated; and the next item was
ruled out of order. He questioned if Council is now accepting the proposed motion, as
arising from the minutes, and explained referring to Section 15.21 of the By-law that it is
appropriate to lift the rules orally and without notice pointing out that it requires a two-
third vote of the body to proceed to set the rules aside. Mr. Woods explained that this
requirement was set out in Article 3.5 of the Procedural By-law.
Question being taken, the motion was defeated with Mayor McFarlane,
Deputy Mayor Hooton and Councillors Chase, McGuire and Titus voting "nay".
Referring to item 12.1 - 2006 Water & Sewerage Utility Fund and General Fund Capital
Program Adjustments, Councillor Court raised concerns with regard to $1.2 million being
taken from this Fund and paid into the Pension Fund pointing out that Council did not
give authorization to this action. Mr. Totten responded advising that Council approved
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COMMON COUNCIL' CONSEIL COMMUNAL
JUNE 5, 20061 LE 5 JUIN 2006
the revisions to the Water & Sewerage Utility Fund on May 23rd; and explained that the
Finance Committee reviewed these statements which showed a surplus in excess of
$1.2 million. Councillor Court stressed that the Utility Funds should stay in that particular
Fund and not be moved to the Pension Fund.
Question being taken on the original motion, the motion was carried.
2. Approbation du proces-verbal de la derniere reunion
Proposition du conseiller Ferguson
Appuyee par Ie conseiller Court
RESOLU que Ie proces-verbal de la reunion du
conseil communal tenue Ie 23 mai 2006 so it approuve.
Se reportant aux points 8.1 et 13.4 de la reunion tenue Ie 23 mai 2006, soit
respectivement les etats financiers de 2005 et I'echelle de remuneration des cadres, Ie
conseiller Ferguson souligne que la situation relative au regime de retraite s'est
deterioree et presente une proposition a cet effet.
Proposition du conseiller Ferguson
Appuyee par Ie conseiller Court
RESOLU que Ie conseil communal embauche un
tiers expert independant dans les domaines du droit, de I'administration, de la structure
et des placements du regime de retraite afin qu'll procede a un examen complet et
minutieux du regime de retraite de The City of Saint John. Pour que la population puisse
avoir confiance dans Ie rapport final, cet expert doit etre independant des membres du
personnel du conseil d'administration du regime de retraite et du conseil communal.
Le conseiller Ferguson s'est dit preoccupe par la situation financiere du regime de
retraite et souligne la necessite d'un examen complet par un tiers independant. Le
conseiller Farren exprime son appui a la proposition presentee. Le conseiller Court
demande si la Ville est protegee en cas de baisse des marches comme cela s'est
produit, iI y a environ trois ans. M. Beckett lui repond qu'il n'existe aucune garantie
contre Ie declin du marche et souligne que Ie conseil d'administration du regime de
retraite a pris des mesures pour diversifier ses placements de sorte que s'il y avait une
baisse particuliere dans les placements, elle serait marginalisee du fait de la repartition
des placements a differents endroits,
En reponse a une question sou levee par Ie conseiller Chase, M. Totten fait reference a
une proposition du conseil emise Ie 19 decembre 2005 demandant un rapport
professionnel independant incluant les recommandations de I'actuaire du regime de
retraite, Morneau Sobeco, et indique qu'i1 s'attend a un rapport de I'entreprise a la suite
de sa rencontre avec Ie conseil d'administration du regime de retraite qui aura lieu Ie
7 juin. Le conseiller Chase declare qu'i1 ne peut appuyer la proposition presentee et
explique qu'i1 prefererait attendre Ie rapport de Morneau Sobeco. M. Totten suggere qu'il
serait avantageux pour les membres du conseil si I'actuaire du conseil d'administration
du regime de retraite, I'avocat Fred Lewis de Morneau Sobeco, Deno Pappas de Clark
Orummie et Ie gestionnaire financier Vanio Keelman de API Asset Performance Inc.
faisaient une presentation au conseil dans Ie but de revoir Ie processus de placement
des fonds de retraite.
Le conseiller Titus affirme qu'il ne peut soutenir la proposition presentee, se pro nonce en
faveur de la suggestion de M. Totten et recommende que cette presentation ait lieu dans
deux semaines.
A I'issue du vote, la proposition est rejetee. Le maire McFarlane, Ie maire
suppleant Hooton et les conseillers Chase, Titus et McGuire votent contre la proposition.
Le conseiller Court presente une proposition visant a ce que Ie conseil reporte les
augmentations de la remuneration des cadres, a I'exception de I'augmentation du coat
de la vie de 2 %, jusqu'a la fin des discussions sur Ie budget 2007. Le conseiller Titus
souleve une objection, affirmant que la proposition presentee vise a reexaminer une
proposition qui a ete adoptee par Ie conseille 23 mai et declare qu'elle doit provenir de
quelqu'un qui avait vote en faveur de cette derniere. Le maire McFarlane demande au
greffier communal de se prononcer sur la question.
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COMMON COUNCIL I CONSEIL COMMUNAL
JUNE 5, 2006/ LE 5 JU1N 2006
Se reportant aux articles 3.10 et 3.11 de I'arrete procedural du conseil, Proposition de
revocation et Reexamen - toute decision respectivement, M. Woods lit les definitions et
est d'avis que la proposition presentee constitue un reexamen et doit etre presentee par
un membre qui a vote avec Ie camp qui I'a emporte. Le maire McFarlane confirme que la
proposition presentee est jugee irrecevable.
Proposition du conseiller Ferguson
Appuyee par Ie conseiller Farren
RESOLU que les reglements de I'arrete intitule
({ Arrete nO M-5, concernant Ie reglement interieur du conseil communal de The City of
Saint John >> soient suspendus afin de permettre au conseiller Court de presenter une
proposition.
M. Woods declare que I'ordre du jour original comportait I'adoption du proces-verbal,
qu'une question a ate soulevee relativement au proces-verbal et qu'elle a ete rejetee et
que Ie prochain point a ete juge irrecevable. II demande si Ie conseil accepte maintenant
la proposition presentee dans Ie proces-verbal et explique, en se reportant a
I'article 15.21 de I'arrete, qu'il est pertinent de suspendre les reglements oralement et
sans avis, tout en soulignant que cette suspension necessite un vote majoritaire des
deux tiers du conseil. M. Woods explique que cette exigence est prevue a I'article 3.5 de
I'arrete procedural.
A )'issue du vote, la proposition est rejetee. Le maire McFarlane, Ie maire
suppleant Hooton et les conseillers Chase, McGuire et Titus votent contre la proposition.
Se reportant au point 12.1, Ajustements au programme d'immobilisations du fonds des
services d'aqueduc et d'egouts et du fonds d'administration pour 2006, Ie conseiller
Court s'inquiete du fait qu'une somme de 1,2 million de dollars ait ete retiree de ce fonds
et versee dans la caisse de retraite sans que Ie conseil n'ait donne son aval. M. Totten
repond en affirmant que Ie conseil a approuve les ajustements au programme
d'immobilisations du fonds du reseau d'aqueduc et d'egout proposes Ie 23 mai et
explique que Ie Comite des finances a examine ces releves indiquant un surplus de plus
de 1,2 million de dollars. Le conseiUer Court insiste sur Ie fait que Ie fonds du reseau
devrait demeurer dans ce fonds particulier et ne pas etre verse dans la caisse de
retraite.
A I'issue du vote, la proposition initiale est adoptee.
9. Public Hearings 7:00 P.M.
9.1(a) Proposed Zoning By-law & Section 39 Amend - 2075 Loch Lomond Road
The Common Clerk advised that the necessary advertising was completed with regard to
a proposed re-zoning of a parcel of land located immediately adjacent to 2075 Loch
Lomond Road, with an area of approximately 4292 square metres, also identified as
being PID Number 00325209, from "RS-1" One and Two Family Suburban Residential to
"B-2" General Business classification, and by amending the Section 39 conditions
imposed on the July 7, 2003 re-zoning of the property located at 2075 Loch Lomond
Road, also identified as PID Number 55164230 as requested by Judianne Luck/Eire
Holdings Ltd. to allow for a second access to the existing commercial business at 2075
Loch Lamond Road, and to allow for other commercial uses permitted by the "B-2" zone
as well as for an addition to the existing building, with no written objections received.
9.1(b) Planning Advisory Committee Recommending Proposed Zoning By-law
Amend and Section 39 Conditions - 2075 Loch Lomond Road
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning Staff's report considered at its May 30, 2006 meeting at
which the Committee decided to recommend approval as set out in the staff
recommendation, recommending that Common Council re-zone the above mentioned
parcel of land with an area of approximately 900 square metres, also identified as being
PID Number 00325209, from "RS-1" One and Two Family Suburoan Residential to "B-2"
General Business classification, and by amending the Section 39 conditions imposed on
the July 7,2003 re-zoning of the property located at 2075 Loch Lomond Road, also
identified as PID Number 55164230, with no written objections received.
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COMMON COUNCIL I CONS ElL COMMUNAL
JUNE 5, 20061 LE 5 JUIN 2006
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 Rick
Turner of Hughes Surveys & Consultants Inc., on behalf of the applicant. advisiM that
they are in agreement with the recommendations.
On motion of Deputy Mayor Hooton
Seconded by Councillor Court
RESOLVED that the by-law entitled, "A Law to
Amend the Zoning By-law of The City of Saint John", re-zoning a parcel of land located
immediately adjacent to 2075 Loch Lomond Road, with an area of approximately 900
square metres, also identified as being PID Number 00325209, from "RS-1" One and
Two Family Suburban Residential to "B-2" General Business classification, be read a
first time.
Question being taken, the motion was carried.
Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By-law of The
City of Saint John".
On motion of Deputy Mayor Hooton
Seconded by Councillor Court
RESOLVED that the by-law entitled, "A Law to
Amend the Zoning By-law of The City of Saint John", re-zoning a parcel of land located
immediately adjacent to 2075 Loch Lomond Road, with an area of approximately gOO
square metres, also identified as being PIO Number 00325209, from "RS-1" One and
Two Family Suburban Residential to "B-2" General Business classification, be read a
second time.
Question being taken, the motion was carried.
Read a second time by title, the by-law entitled, "A Law to Amend the Zoning By-law of
The City of Saint John".
9. Audiences publiques i119 h
9.1a) Projet de modification de I'arrete sur Ie zonage et des conditions imposees
par I'article 39 relativement au terrain situe au 2075, chemin Loch Lomond
Le greffier communal declare que les avis requis ont ete pub lies relativement au projet
de modification du zonage d'une parcelle de terrain directement attenante au
2075, chemin Loch Lomond, d'une superficie d'environ 4 292 metres carrE~s et portant Ie
NID 00325209, afin de faire passer la designation s'y rapportant de zone residenUelle de
banlieue - habitations unifamiliales et bifamiliales (( RS-1 >) a zone commerciale
generale (( B-2 )), et au projet de modification des conditions prevues a I'article 39
imposees Ie 7 juillet 2003, en vue de rezoner la propriete situee au 2075, chemin Loch
Lomond et portant Ie NID 55164230, a la demande de Judianne Luck (Eire Holdings
Ltd.), afin de permettre une deuxieme voie d'acces a I'entreprise commerciale existante
situee au 2075, chemin Loch Lomond, d'autres usages commerciaux permis dans la
zone (( B-2 }} ainsi que I'ajout d'une rallonge a I'edifice existant, et qu'aucune objection
par ecrit n'a ete re9ue a cet egard.
9.1 b) Comite consultatif d'urbanisme recommandant Ie projet de modification de
I'arrete sur Ie zonage et des conditions imposees par I'article 39
relativement au terrain situe au 2075, chemin Loch Lomond
Examen d'un rapport presente par Ie Comite consultatif d'urbanisme, accompagne d'un
exemplaire du rapport du personnel d'urbanisme etudie lors de la reunion tenue Ie
30 mai 2006, au cours de laquelle Ie comite a resolu de recommander I'approbation,
telle qu'elle est presentee dans la recommandation du personnel, voulant que Ie conseil
communal procede au rezonage de la parcelle de terrain precitee d'une superficie
d'environ 900 metres carres et portant Ie NIO 00325209 afin de faire passer la
designation s'y rapportant de zone residentielle de banlieue - habitations unifamitiales et
bifamiliales (( RS-1 )> a zone commerciale generale (( B-2 )), et modifie les conditions
prevues a I'article 39, imposees Ie 7 juillet 2003, en vue de rezoner la propriete situee au
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COMMON COUNCIL 1 CONSEIL COMMUNAL
JUNE 5, 20061 LE 5 JUIN 2006
2075, chemin Loch Lomond et portant Ie NID 55164230: aucune objection par ecrit n'a
eta regue a cet agard.
Le maire invite Ie public a exprimer son opposition quant au rezonage, mais personne
ne prend la parole.
Le maire invite Ie public a se prononcer en faveur du projet de modification du zonage.
Rick Turner de Hughes Surveys & Consultants Inc., au nom du demandeur, indique qu'i1
appuie lesdites recommandations.
Proposition du maire suppleant Hooton
Appuyae par Ie conseiller Court
RESOLU que I'arrete intitule (( Arrete modifiant
I'arrete sur Ie zonage de The City of Saint John >>, modifiant Ie zonage d'une parcelle de
terrain directement attenante au 2075, chemin Loch Lomond, d'une superficie d'environ
900 metres carres et portant Ie NID 00325209, afin de faire passer la designation s'y
rapportant de zone residentielle de banlieue - habitations unifamiliales et bifamiliales
(( RS-1 >> a zone commerciale generale (( B-2 )), fasse I'objet d'une premiere lecture.
A I'issue du vote, la proposition est adoptee.
Premiere lecture par titre de I'arrete intituh3 (( Arrete modifiant I'arrete sur Ie zonage de
The City of Saint John )).
Proposition du maire suppleant Hooton
Appuyee par Ie conseiller Court
RESOLU que l'arriHe intitule (( Arrete modifiant
I'arrete sur Ie zonage de The City of Saint John >>, modifiant Ie zonage d'une parcelle de
terrain directement attenante au 2075, chemin Loch Lomond, d'une superficie d'environ
900 metres carres et portant Ie NID 00325209, afin de faire passer la designation s'y
rapportant de zone residentielle de banlieue - habitations unifamiliales et bifamiliales
(( RS-1 >>a zone commerciale generale (( B-2 >>, fasse I'objet d'une deuxieme lecture.
A I'issue du vote, la proposition est adoptee.
Deuxieme lecture par titre de I'arrete intitula (( Arrete modifiant I'arrete sur Ie zonage de
The City of Saint John )).
9.2(a) Public Hearing - Proposed Zoning By-law Amend -1032 Mccavour Drive
The Common Clerk advised that the necessary advertising was completed with regard to
a proposed re-zoning of a parcel of land located at 1032 McCavour Drive, with an area
of approximately 827 square metres, also identified as being PID Number 55018048,
from "R-1A" One Family Residential to "TH" Townhouse classification, as requested by
Hughes Surveys & Consultants, Inc. to permit the lot to be included in a proposed
townhouse development for the adjoining lands, with no written objections received.
9.2(b) Planning Advisory Committee Recommending Proposed Zoning By-law
Amend & Section 39 Conditions - 1032 McCavour Drive
Consideration was also given to a report from the Planning Advisory Committee
submitting a copy of Planning Staff's report considered at its May 30, 2006 meeting at
which the Committee decided to recommend approval as set out in the staff
recommendation, recommending that Common Council re-zone the above mentioned
parcel of land with an area of approximately 827 square metres, also identified as being
PID Number 55018048, from "R-1A" One Family Residential to nTH" Townhouse
classification, with Section 39 Conditions.
The Mayor called for members of the public to speak against the re-zoning with no one
presenting.
The Mayor called for members of the public to speak in favour of the re-zoning with Rick
Turner of Hughes Surveys & Consultants, Inc., on behalf of the applicant, advising that
they are in agreement with the recommendations.
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COMMON COUNCIL. 1 CONSEIL COMMUNAL
JUNE 5, 2006/ LE 5 JUIN 2006
On motion of Councillor Ferguson
Seconded by Councillor Farren
RESOLVED that the by-law entitled, "A Law to
Amend the Zoning By-law of The City of Saint John", re-zoning a parcel of land located
at 1032 McCavour Drive, with an area of approximately 827 square metres, also
identified as being PID Number 55018048, from "R-1A" One Family Residential to "TH"
Townhouse classification with Section 39 Conditions, be read a first time.
Question being taken, the motion was carried.
Read a first time by title, the by-law entitled, "A Law to Amend the Zoning By-law of The
City of Saint John".
On motion of Deputy Mayor Hooton
Seconded by Councillor Farren
RESOLVED that the by-law entitled, "A Law to
Amend the Zoning By-law of The City of Saint John", re-zoning a parcel of land located
at 1032 McCavour Drive, with an area of approximately 827 square metres, also
identified as being PID Number 55018048, from "R-1A" One Family Residential to "TH"
Townhouse classification with Section 39 Conditions, 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".
9.2a) Audience publique relative au projet de modification de I'arrete sur Ie
zonage visant Ie 1032, promenade McCavour
le greffier communal indique que les avis requis ont ete publies relativement au projet
de rezonage d'une parcelle de terrain situee au 1032, promenade McCavour, d'une
superficie totale d'environ 827 metres Gam!ls et portant Ie NID 55018048, afin de faire
passer la designation s'y rapportant de zone residentielle - habitations unifamiliales (( R-
1A )) a zone de maisons en rangee (( TH I), a la demande de Hughes Surveys &
Consultants Inc., pour permettre que Ie lot soit inclus dans un lotissement de maisons en
rangee propose sur les terrains attenants; aucune objection par ecrit n'ayant ete regue a
Get egard.
9.2b) Comite consultatif d'urbanisme recommandant Ie projet de modification de
I'arrete sur Ie zonage et des conditions imposees par I'article 39
relativement au terrain situe au 1032, promenade McCavour
Examen d'un rapport presente par Ie Comite consultatif d'urbanisme accompagne d'un
exemplaire du rapport du personnel d'urbanisme etudie lors de la reunion tenue Ie
30 mai 2006, au cours de laquelle Ie comite a resolu de recommander I'approbation,
telle qu'elle est presentee dans la recommandation du personnel, voulant que Ie conseil
communal procede au rezonage de la parbelle de terrain susmentionnee, d'une
superficie d'environ 827 metres Garres et lI>ortant Ie NID 55018048, afin de faire passer
la designation s'y rapportant de zone resi~entielle - habitations unifamiliales {{ R-1A )) a
zone de maisons en rangee (( TH I), so us reserve des conditions imposees par
I'article 39.
Le maire invite Ie public a exprimer son 0 position quant au rezonage, mais personne
ne prend la parole.
Le maire invite Ie public a se prononcer e faveur du projet de modification du zonage.
Rick Turner de Hughes Surveys & Consul ants Inc., au nom du demandeur, indique qu'il
appuie lesdites recommandations.
Proposition du conseiller F rguson
Appuyee par Ie conseiller arren
RES LU que l'arn3te inUtule (( Arrete modifiant
l'am3te sur Ie zonage de The City of Saint John I), modifiant Ie zonage d'une parcelle de
terrain situee au 1032, chemin McCavour, d'une superficie d'environ 827 metres carres
et portant Ie NID 55018048, afin de faire asser la designation s'y rapportant de zone
residentielle - habitations unifamiliales (( -1A)) a zone de maisons en rangee (( TH I),
conformement aux conditions prevues a I' rticle 39, fasse I'objet d'une premiere lecture.
92-280
COMMON COUNCIL I CONSEIL COMMUNAL
JUNE 5, 20061 LE 5 JUIN 2006
A I'issue du vote, la proposition est adoptee.
Premiere lecture par titre de I'arrete intjtule (( Arre . modifiant I'arrete sur Ie zonage de
The City of Saint John )).
Proposition du maire suppleant Ho ton
Appuyee par Ie conseiller Farren
RESOLU qu I'arrete intitule (( Arrete modifiant
I'arrete sur Ie zonage de The City of Saint John )), modifiant Ie zonage d'une parcelle de
terrain situee au 1032, chemin McCavour, d'une s perficie d'environ 827 metres carres
et portant Ie NID 55018048, afin de faire passer la designation s'y rapportant de zone
residentielle - habitations unifamiliales (( R-1A )) . zone de maisons en rangee (( TH )),
conformement aux conditions prevues a I'article 3 ,fasse "objet d'une deuxieme lecture.
A I'issue du vote, la proposition est adoptee.
Deuxieme lecture par titre de I'arrete intitule (( Arr te modifiant I'arrete sur Ie zonage de
The City of Saint John )},
3. Approval of Agenda
On motion of Deputy Mayor Hooto
Seconded by Councillor Titus
RESOLVED that the agenda of this meeting be
approved with the addition of item 12.5 - Red He d Secondary Access Road -
Expropriation Process and item 12.6 - Contract 2 05-14 Arbitration - Fairville Boulevard
Street Reconstruction, item 15.1 be withdrawn as requested by The Royal Canadian
Legion; and item 12.3 Long Term Financial Outlo k be tabled for two weeks.
Question being taken, the motion
3. Adoption de I'ordre du jour
Proposition du maire suppleant Ho ton
Appuyee par Ie conseiller Titus
RESOLU qu I'ordre du jour de la presente reunion
so it approuve, moyennant l'ajout des points 12.5, Processus d'expropriation relatif ala
voie d'acces secondaire Red Head et 12.6, Contr t 2005-14 - Travaux de refection du
boulevard Fairville et Ie retrait du point 15.1, com e Ie reclame la Legion royale
canadienne, et que Ie point 12.3, Perspectives fin ncieres a long terme, soit reporte de
deux semaines.
A i'issue du vote, la proposition es adoptee.
4. Disclosures of Conflict of Interest
4. Divulgations de conflits d'interets
5. Adoption of Consent Agenda
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVE that the Consent Agenda resolutions
be adopted as submitted and 5.2 be considered eparately as item 14.1:
5.1 Heritage Development Board Request to ive a "Teach-in" on heritage
That the request of the Heritage Develop ent Board to provide Council with a
teach-in on Heritage be referred to the CI rk to schedule a presentation.
5.2 Letter regarding Property on King Street
That letter from Bev Hanson regarding pr perty on King Street be received for
information.
5.3 Renaming Streets for Prominent Deceas
92.281
COMMON COUNCIL I CONSEIL COMMUNAL
JUNE 5, 20061 LE 5 JUIN 2006
That the letter from Vern Garnett r garding re-naming of streets for prominent
deceased citizens be referred to t e City Manager.
5.4 Letters in Opposition to Pipeline in Rockwood Park
That the letters in opposition to a ipeline in Rockwood Park be received for
information.
5.5 Carolyn and Dayle Messer - Net Hight Memorial Field
That the letter from Carolyn and D yle Messer regarding the net height at
Memorial Field be referred to the ity Manager.
5.6 Release of Space in City Hall (Rei ase Suite 1507)
That The City of Saint John releas its leasehold interest in Suite 1507, City Hall
to Morguard Investments effective June 15, 2006.
5.7 Planning Advisory Committee - 72 Westmorland Road
-1. That Common Council assent to t e submitted photo-reduced Richard &
Eileen Burbridge Subdivision Plan illustrating the creation of six lots, as well
as any necessary municipal servic s and public utility easements.
2) That Common Council authorize t e preparation and execution of one or more
City/Developer Subdivision Agree ents to ensure provision of the required
work and facilities, including detail d site and drainage plans for the approval
of the Chief City Engineer.
3) That Common Council accept cas -in-lieu of the required 1,145 square metre
(12,325 square feet) Land for Publ c Purposes.
5.8 Planning Advisory Committee - 15 Pro William St. and 100 Water St
That Common Council assent to t e submitted subdivision plans with regard to
153 Prince William Street and 100 Water Street and to the required municipal
services easements, as well as an necessary public utility easements.
5.9 Planning Advisory Committee - Hil crest Heights Phase 3 - 2645 Loch Lomond
Road
1. That Common Council assent t one or more subdivision plans for the
submitted Hillcrest Heights Subdiv sion - Phase 3 tentative plan, and to any
required municipal services and p blic utility easements.
2. That Common Council authoriz the preparation and execution of one or more
City/Developer Subdivision Agree ents in order to ensure provision of the
required work and facilities, includi 9 detailed site and drainage plans for the
approval of the Chief City Enginee .
5.10 City land at University Avenue and Royal Parkway
That staff continue in the discussio s with Mr. Rocca with a view to meeting the
needs of the Atlantic Health Scien es Corp. proposal call balanced with the
needs of the City.
Question being taken, the otion was carried.
5. Adoption de I'ordre du jour relat faux questions soumises i11'approbation
du conseil
Proposition du conseiller Ti us
Appuyee par Ie conseiller cGuire
RES LU que I'ordre du jour des questions
soumises a I'approbation du conseil soit a opts, moyennant I'examen distinct du
point 5.2 en tant que point 14.1.
5.1 Demande du Conseij d'amenagem nt du patrimoine visant a presenter un
seminaire sur Ie patrimoine
92-282
COMMON COUNCIL 1 CONSEIL COMMUNAL
JUNE 5, 20061 LE 5 JUIN 2006
Que la demande du Conseil d'amenagement du patrimoine visant a presenter au
conseil un seminaire sur Ie patrimoine soit transmi e au greffier communal pour que soit
fixee la date de presentation.
5.2 Lettre concernant une propriete situee sur la rue King
Que la lettre re9ue de Bev Hanson, concer ant une propriete situee sur la rue
King, soit acceptee a titre informatif.
5.3 Changement du nom de rues en vue d'hon rer d'eminents citoyens decedes
Que la lettre re<;ue de Vern Garnett. conce nant Ie changement du nom de rues
en vue d'honorer d'eminents citoyens decedes, so t transmise au directeur general.
5.4 Lettres s'opposant a I'installation d'un pipeline dans Ie parc Rockwood
Que les lettres s'opposant a I'installation d' n pipeline dans Ie parc Rockwood
soient acceptees a titre informatif.
5.5 Carolyn et Dayle Messer - Hauteur du filet du terrain Memorial Field
Que la lettre re9ue de Carolyn et Dayle M sser, concernant la hauteur du filet du
terrain Memorial Field, soit transmise au directeur gemeral.
5.6 Liberation d'un espace a l'h6tel de ville (Ii eration du local 1507)
Qu'a compter du 15 juin 2006, The City of aint John cede ses inten3tS a bail sur
Ie local 1507 de l'h6tel de ville a Morguard Invest ents.
5.7 Comite consultatif d'urbanisme recomman ant que soit approuve Ie projet de
lotissement au 725, chemin Westmorland
-1, Que Ie conseil communal approuve Ie pia presente avec photo reduite relatif au
lotissement Richard & Eileen Burbridge, i1lustrant a creation de six lots ainsi que toute
emprise exigee aux fins de services municipaux e de services d'utilite publique.
2) Que Ie conseil communal autorise la reda tion et la signature de contrats de
lotissement entre la Vi lie et Ie promoteur afin de p rmettre I'execution des travaux requis
et la mise en place des installations necessaires, compris l'elaboration de plans de
situation et de drainage detailles soumis a I'appro ation de I'ingenleur municipal en chef.
3) Que Ie conseil communal accepte une co pensation monetaire pour Ie terrain
requis d'une superficie de 1 145 metres carres (1 325 pieds carrt!:s) qui sera utilisee
aux fins d'interet public.
5.8 Co mite consultatif d'urbanisme recomman ant que soient approuves les projets
de 10tissement au 153, rue Prince William et au 1 0, rue Water
Que Ie conseil communal approuve les pi ns presentes relatifs aux projets de
lotissement au 153, rue Prince William et au 100, rue Water ainsi que toute emprise
exigee aux fins de services municipaux et de se ices d'utilite publique.
5.9 Comite consultatif d'urbanisme recomman ant que so it approuve Ie projet de
lotissement au 2645, chemin Loch Lomond (troisi me phase du lotissement Hillcrest
Heights)
1. Que Ie conseil communal approuve Ie u les plans de lotissement afferents au
plan provisoire de la troisil3me phase du lotissem nt Hillcrest Heights qui a ete presente,
de meme que toute emprise aux fins de services unicipaux et de services d'utilite
publique.
2. Que Ie conseil communal autorise la re action et la signature de contrats de
lotissement entre la Ville et Ie promoteur afin de ermettre I'execution des travaux requis
et la mise en place des installations necessaires, y compris I'elaboration de plans de
situation et de drainage detailles soumis a I'approbation de I'ingenieur municipal en chef.
5.10 Terrain municipal situe a I'intersection de I'avenue University et de la promenade
Royal
92-283
COMMON COUNCIL 1 CONSEIL COMMUNAL
JUNE 5, 20061 LE 5 JUIN 2006
Le personnel poursuit la discussio avec M. Rocca en vue de trouver un
equilibre entre les besoins de I'appel de p opositions de la Corporation des sciences de
la sante de l'Atlantique et ceux de la ville.
A ('issue du vote, la proposi ion est adoptee.
6. Members Comments
Council members commented on various ommunityevents.
Deputy Mayor Hooton advised that Saint ohn has been invited to participate in the
National Heritage Task Force and explain d that a request will be coming from Heritage
Canada for a representative from Council.
On motion of Mayor McFarl ne
Seconded by Councillor M Guire
RES L VED that Deputy Mayor Hooton be
appointed as The City of Saint John's repr sentative on the National Heritage Task
Force.
Question being taken, the otion was carried.
Councillor Ferguson expressed concern th regard to the condition of the Boardwalks in
the Market Square area.
On motion of Councillor Fe guson
Seconded by Councillor Tit s
RES L VED that the matter of the condition of the
Boardwalks in the Market Square area be referred to the City Manager, for a report to
Council.
Councillor Ferguson stated that he unders ands there are also potential lawsuits being
filed against the City related to injuries/inci ences on these Boardwalks and asked if the
City Manager could provide any available nformation in this regard, to which he agreed.
Question being taken, the otion was carried.
Councillor Titus gave notice that he will be proposing a motion in two weeks that all the
Pension Board representatives (Actuary, olicitor, Investment Manager) be invited to an
open session of Council to answer any qu stions from Council Members, media,
members of the public or City employees! etirees.
6. Commentaires pn3sentes par Ie membres
Les membres du conseil s'expriment sur diverses activites communautaires.
Le maire suppleant Hooton indlque que S int John a ete invitee a participer au groupe
de travail sur Ie patrimoine national et que Ie conseil recevra sous peu une demande
provenant de Heritage Canada en vue de ommer un representant du conseil.
Proposition du maire McFa lane
Appuyee par Ie conseiller cGuire
RES LU que Ie maire suppleant Hooton soit
nomme en tant que representant de The ity of Saint John au sein du groupe de travail
sur Ie patrimoine national.
A I'issue du vote, la proposi ion est adoptee.
Le conseiller Ferguson s'inquiete de I'etat es trottoirs de bois dans Ie secteur de Market
Square.
Proposition du conseiller F rguson
Appuyee par Ie conseiller T tus
RES LU que la question, relative a I'etat des
trottoirs de bois dans Market Square, soit oumise au directeur general afin qu'il
produise un rapport a I'intention du consei .
92-284
COMMON COUNCIL 1 CONSEIL COMMUNAL
JUNE 5, 2006 I LE 5 JUIN 2006
Le conseiller Ferguson mentionne qu'il croit com rendre que des poursuites pourraient
etre intentees contre la Ville relativement a des bl ssures ou a des incidents
occasionnes sur ces trottoirs de bois et demande si Ie directeur general peut fournir les
renseignements dont il dispose a cet egard, ce a uoi Ie directeur gemeral acquiesce.
A I'issue du vote, la proposition es adoptee.
Le conseiller Titus donne avis qu'il presentera un proposition dans deux semaines
visant a ce que tous les representants du conseil d'administration du regime de retraite
soient invites a une reunion publique du conseil ur r6pondre aux questions des
membres du conseil, des medias, du public, des mployes ou des retraites municipaux.
7. Proclamations
7.1 The Mayor proclaimed Sunday, June 11, 006 as "Rick Hansen Wheels in
Motion Day" in the City of Saint John.
7.2 The Mayor proclaimed the month of June s "National Scleroderma Awareness
Month" in the City of Saint John.
7. Proclamations
7.1 Le maire declare que Ie 11 juin 2006 est I (( Journee Rick Hansen, Rouler vers
demain }) dans The City of Saint John.
7.2 Le maire declare que Ie mois de juin est I (( Mois national de la sensibilisation a
la sclE3rodermie )} dans The City of Saint John.
8. Delegations/Presentations
8.1 Presentation of Environmental Awards
Peter McKelvey, Chair of the Saint John Environ ent Committee, acknowledged
Committee members present, and introduced Th City of Saint John Annual
Environment Awards. Mayor McFarlane and Co ncillor Court, who holds the
Environment Portfolio, presented the following a ards, as outlined in the submitted
report.
Individual - Brent Mason who has supported the nvironmental initiatives of the New
Brunswick Conservation Council, the Nature Tru t and the ACAP Saint John.
Business - Aliant for the introduction of a full was e sorting system that included
compost, paper, cardboard and beverage contai ers.
Community Organizations - ONE Change Inc. fo engaging in a range of beautification
and clean-up efforts in the Old North End of Sain John.
Schools - Nancy Bell and Harbour View High Sc 001 for implementing a comprehensive
environmental program which includes cell phon and ink cartridge recycling,
composting, pop can recycling, school-wide ener y conservation and a no-idling
initiative for car drivers waiting at Harbour View.
8. Delegations et presentations
8.1 Presentation des prix pour I'environne ent
Peter McKelvey, president du Comite sur I'enviro nement de The City of Saint John,
souligne la presence des membres du comite et resente les prix annuels pour
I'environnement de The City of Saint John. Le m ire McFarlane et Ie conseiller Court,
detenteur du portefeuille de l'Environnement, pre entent les prix suivants, tel que Ie
souligne Ie rapport presente.
Particulier - Brent Mason pour avoir appuye les i itiatives environnementales du Conseil
de la conservation du Nouveau-Brunswick, de la Fondation pour la protection des sites
naturels du Nouveau-Brunswick et du Programm d'action des zones coth9res de
l'Atlantique (PAZCA) de Saint John.
Entreprise - Aliant pour I'introduction d'un syste e de triage complet incluant Ie
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compost, Ie papier, Ie carton et les recipien s a boisson.
Organismes communautaires - ONE Chan e Inc. pour s'etre engage a I'embellissement
du vieux quartier nord et avoir deploye des efforts relativement au nettoyage de ce
dernier.
Ecoles - Nancy Bell et I'ecole secondaire arbour View pour la mise sur pied d'un
programme environnemental complet com renant Ie recyclage des telephones
cellulaires et des cartouches d'encre, Ie co postage, Ie recyclage des cannettes a
boisson gazeuse, la conservation energeti ue a la grandeur de I'ecole et une initiative
de lutte contre Ie moteur au ralenti a I'inten ion des conducteurs de vehicules attendant a
I'ecole secondaire.
8.2 Skateboard Park
Referring to a submitted report, Jason Ma Lean, Chair of the Fundy Skate park
Association and Constable Jim Fleming of the Saint John Police Force provided Councii
with an overview of the vision of the Saint ohn Skatepark, through a video presentation
outlining how it will help the True Growth trategy attract and retain people, ideas and
investment in Saint John. Commenting wi h regard to the benefits to kids, Mr. Maclean
explained that the sport is challenging and promotes healthy active lifestyles. Constable
Fleming stressed the need for a proper, s fe location. Referring to what other
municipalities in New Brunswick and Nova Scotia have been doing, Mr. Maclean
reviewed the projected construction costs nd sources of funding. He concluded the
presentation requesting Council to pass a otion in support of allocating $265,000. in
the 2007 Capital budget as conditional fun ing of the Skatepark, dependant on the
Fundy Skate park Association raising the b lance through other sources.
Discussion followed with Mr. Maclean res onding to questions. Councillor Titus pointed
out that Council is not permitted to make motion at this time, as per the Procedural By-
law. Councillor Chase suggested that Co ncil commit $465,000. for the project which
could be funded from the potential revenu from building permits for the LNG project,
and the project be completed during the s mmer of 2006,
Discussion continued with Councillors spe king in support of the proposed allocation of
$265,000. in the 2007 Capital budget.
On motion of Councillor Tit s
Seconded by Councillor Fa ren
RES L VED that as per Article 3.5 of the
Procedural By-law, the rules of the by-law entitled "By-law Number M-5 a By-law
Respecting the Procedures of the Comm n Council of The City of Saint John" be
suspended for the issue concerning the S atepark.
Question being taken, the otion was carried.
On motion of Councillor Tit s
Seconded by Councillor C urt
RES LVED that the request of the Fundy
Skatepark Association for an allocation of $265,000. be referred to the 2007 Capital
Budget as conditional funding of the Skat park, dependant on the Fundy Skatepark
Association raising the balance through 0 her sources, be referred to budget
deliberations.
Responding to a question raised by Coun i1lor Chase earlier, with regard to using the
potential revenue from building permits fo this project, Mr. Totten advised he could not
make this commitment at the present tim . Discussion followed with Councillor
Ferguson proposing an amendment to th motion.
Councillor Ferguson proposed an amend ent to the motion, which was seconded by
Councillor Farren that the 2007 Capital B dget include the $265,000. for the Skatepark,
and this funding be dependant on the Fu dy Skatepark Association raising the baiance
through other sources.
Mayor McFarlane expressed concern tha this issue was not being reviewed by the City
Manager first to verify if the funding is po sible,
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Question being taken, the amendment to the motion was carried, with
Mayor McFarlane and Councillor Titus voting "nay".
Question being taken, the main motion was as amended carried, with
Councillor Titus voting "nay".
(The Mayor announced a five minute recess after which Council reconvened at 8:50
p.m.)
On motion of Mayor McFarlane
Seconded by Councillor Titus
RESOLVED that item 12.4 be brought forward at
this time.
Question being taken, the motion was carried.
8.2 Planchodrome
Se reportant a un rapport presente, Jason Maclean, president de la Fundy Skatepark
Association (association des planchodromes de Fundy), et I'agent de police Jim Fleming
du corps de police de Saint John prElsentent au conseil un aperc;:u du projet de
planchodrome de Saint John au moyen d'une presentation video soulignant la fagon
dont ce projet permettra a la strategie de croissance rElelle d'attirer et de retenir les gens,
les idees et les investissements a Saint John. Discutant des avantages pour les enfants,
M. Maclean explique que Ie sport est stimulant et promeut un mode de vie actif et sain.
L'agent de police Fleming souligne la necessite de trouver un emplacement adequat et
securitaire. Se reportant aux projets d'autres munlcipalites du Nouveau-Brunswick et de
la Nouvelle-Ecosse, M. Maclean passe en revue les coOts de construction prevus et les
sources de financement. II conclut la presentation en demandant au conseil d'adopter
une proposition visant a appuyer I'allocation de la somme de 265 000 $ au budget
d'immobilisations 2007, a titre de financement conditionnel du planchodrome, en autant
que la Fundy Skatepark Association trouve Ie reste au moyen d'autres sources.
Une discussion s'ensuit, et M. Maclean repond aux questions sou levees. le conseiller
Titus souligne que, selon I'arrete procedural, Ie conseil ne peut presenter une
proposition a I'heure actuelle. le conseiller Chase suggere que Ie conseil engage la
somme de 465 000 $ pour Ie projet qui pourrait etre finance a partir des recettes
potentielles provenant des permis de construire afferents au projet de gaz naturel
liquefie, et que Ie projet soit termine au cours de I'ete 2006.
Une discussion s'ensuit parmi les conseillers qui appuient Ie projet d'allocation de la
somme de 265 000 $ au budget d'immobilisations 2007.
Proposition du conseiller Titus
Appuyee par Ie conseiller Farren
RESOlU qu'en vertu de I'article 3.5 de I'arrete
procedural, les reglements de I'arrete intitule (( Arrete nO M-5, concernant Ie reglement
interieur du conseil communal de The City of Saint John >>, soient suspendus en ce qui a
trait a la question relative au planchodrome.
A I'issue du vote, la proposition est adoptee.
Proposition du conseiller Titus
Appuyee par Ie conseiller Court
RESOLU que la demande de la Fundy Skatepark
Association, visant a transferer une allocation de 265 000 $ au budget
d'immobilisations 2007, a titre de financement conditionnel du planchodrome, en autant
que la Fundy Skatepark Association trouve Ie reste au moyen d'autres sources, soit
examinee au cours des discussions sur Ie budget.
En reponse a une question soulevee precedemment par Ie conseiller Chase concernant
I'utilisation des recettes potentielles provenant des permis de construire pour ce projet,
M. Totten indique qu'il ne peut prendre cet engagement actuellement. Une discussion
s'ensuit, et Ie conseiller Ferguson propose une modification a la proposition.
Cette modification est appuyee par Ie conseiller Farren et vise a ce que Ie budget
d'immobilisations 2007 inclue la somme de 265000 $ pour Ie planchodrome, et que ce
financement soit conditionnel a ce que la Fundy Skatepark Association trouve Ie reste
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au moyen d'autres sources.
Le maire McFarlane s'inquiete du fait que la question n'a pas d'abord ete examinee par
Ie directeur general pour verifier si Ie financement etait possible.
A I'issue du vote, la modification a la proposition est acceptee. Le maire
McFarlane et Ie conseiller Titus votent contre la proposition.
A I'issue du vote, la proposition principale ainsi modifiee est acceptee. Le
conseiller Titus vote contre la proposition.
(Le maire annonce une pause de cinq minutes, apres quoi la reunion du conseil reprend
a 20 h 50).
Proposition du maire McFarlane
Appuyee par Ie conseiller Titus
RESOLU que Ie point 12.4 so it examine des
maintenant.
A I'issue du vote, la proposition est adoptee.
12.4(a)LNG Terminal and Brunswick Pipeline Project
Mr. Totten advised his report is in responsa to Council's request for staff's input
regarding the proposed LNG Terminal at Mispec. He advised that the concession was
poor tax policy but the economic benefits to the community made it good economic
development policy. With regard to the Brunswick Pipeline project, Mr. Totten provided
Council with a detailed review advising that staff would recommend that the City should
limit its status of intervener to that of providing "written comment' indicating that the
marine route remains Council's preferred route and that Council expects the National
Energy Board on behalf of this community to pay specific attention and detail to the
marine route and to hold Emera strictly acoountable for the professionalism, detail and
facts contained in the various studies that have concluded that the marine route is not
viable. Mr. Totten further recommended that the City's written submission to the NEB
support Emera's preferred route through the City, should the marine route be verified as
not being possible within all of the various criteria for this project. He advised that in
terms of the effects on existing municipal infrastructure, disruption to citizens lives and
for obvious safety reasons, the route through Rockwood Park is seen by staff as being
more acceptable then either of the other two alternatives presented by Emera. Mr,
Totten stated his recommendation to Council would be to receive and file the submitted
report, and instruct him to prepare a written submission to the National Energy Board
that is consistent with the contents of his report and that the submission be signed by the
Mayor on behalf of Common Council.
On motion of Councillor Ferguson
Seconded by Councillor Farren
RESOLVED that whereas the Energy Board of
Canada has the final deciding authority over the proposed gas pipeline routes through
The City of Saint John;
AND WHEREAS the Energy Board of Canada is a quasi judiciary body;
AND WHEREAS an intervener must present evidence and defend evidence;
AND WHEREAS the proposed route will involve taxpaying landowners;
AND WHEREAS The City of Saint John has no deciding authority over the proposed
route;
AND WHEREAS The City of Saint John has a responsibility to its residents;
1. Common Council engage a professional intervener for The City of Saint John on
behalf of the citizens in regards to the proposed route.
2. The intervener and/or its representatives of the intervener are given the latitude
to analyze the engineering specifications of the proposed route, its implication on
persons and property and in addition analyze the safety records of the company
making application.
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3. Upon completion of a detailed analysis, submit and defend any recommendation
in respect to any deficiencies that may be detrimental to persons or property.
A lengthy discussion followed with Councillor Court and Farren speaking in support of
the proposed motion. Objecting to the proposed motion, Councillor Chase referenced
the huge economic benefit that the LNG project will bring to Saint John. Referring to the
benefits for the other levels of government from this project, Deputy Mayor Hooton
inquired if it would be possible to have the Provincial Government pay for the intervener.
Mr. Totten explained that funding is available to community groups but nothing exists for
municipalities at the present time.
Question being taken, the motion was defeated with Mayor McFarlane,
Deputy Mayor Hooton and Councillors Chase, McGuire and Titus voting "nay".
On motion of Councillor McGuire
Seconded by Deputy Mayor Hooton
RESOLVED that the City Manager prepare a
written submission to the National Energy Board that is consistent with the contents of
the submitted report; that the submission be signed by the Mayor on behalf of Common
Council; that the City Manager seek funding from the other levels government for an
intervener; and the report be received for information.
Deputy Mayor Hooton proposed an amendment, to which the mover agreed, that the
City Manager lobby the upper levels of government to help fund intervener status for the
City.
Question being taken on the motion as amended, was carried.
12.4(b)Emera Brunswick Pipeline Company Ltd. Registration
On motion of Councillor Farren
Seconded by Deputy Mayor Hooton
RESOLVED that the report from the City Manager
regarding the Emera Brunswick Pipeline Company Ltd. EIA Registration, be received for
information.
Question being taken, the motion was carried.
12.4a) Terminal de gaz naturelliquefie (GNL) at projet de gazoduc Brunswick
M. Totten mentionne que son rapport decoule de la demande du conseil qui voulait
obtenir les commentaires du personnel sur Ie projet de terminal de gaz naturelliquefie a
Mispec. II affirme que I'allegement fiscal est une pietre politique fiscale, mais que les
avantages economiques apportes a la collectivjte constituent une bonne politique de
developpement economique. En ce qui concerne Ie projet de gazoduc Brunswick,
M. Totten presente au conseil un examen detaille. II mentionne que Ie personnel
recommande que la ville limite son statut d'intervenant a la presentation d'un
(( memoire >>, indiquant que la voie maritime demeure la voie privilegiee du conseil et
que ce dernier s'attend a ce que l'Office national de I'energie (ONE), au nom de cette
collectivite, prete une attention particuliere a cette option, et de tenir Emera strictement
responsable du professionnalisme, des details et des faits contenus dans diverses
etudes qui ont conclu que la voie maritime n'etait pas viable. M. Totten recommande en
outre que Ie memoire de la Ville transmis a I'ONE soutienne Ie trace privilegie d'Emera a
travers la ville, s'il s'averait que la voie maritime ne reponde pas a tous les criteres du
projet. II indique qu'a. cause des incidences sur les infrastructures municipales actuelles,
de la perturbation de la vie des citoyens et pour des raisons de securite evidentes, Ie
personnel considere Ie trace a travers Ie parc Rockwood comme etant plus acceptable
que les deux autres options presentees par Emera. M. Totten recommande au conseil
d'accepter et de classer Ie rapport presente, de Ie charger de preparer un memoire a.
I'intention de l'Office national de I'energie qui soit conforme au contenu de ce rapport et
de faire signer Ie memoire par Ie maire, au nom du conseilcommunal.
Proposition du conseiller Ferguson
Appuyee par Ie conseiller Farren
ATTENDU QU'i1 revient a I'Office national de
I'energie de prendre la decision finale en ce qui a trait aux traces du gazoduc proposes
dans The City of Saint John;
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ET ATTENDU QUE l'Office national de I'emergie est un organisme quasi judiciaire;
ET ATTENDU QU'un intervenant doit presenter et contester des preuves;
ET ATTENDU QUE Ie trace propose touchera les proprietaires fonciers;
ET ATTENDU QUE The City of Saint John ne detient pas de pouvoir decisionnel en ce
qui a trait au trace propose;
ET ATTENDU QUE The City of Saint John a une responsabilite envers ses residents;
1. Que Ie conseil communal retienne les services d'un intervenant professionnel
pour The City of Saint John, au nom des citoyens, en ce qui concerne Ie trace
propose.
2. Que I'intervenant et/ou ses representants aient la latitude voulue pour analyser
les specifications techniques du trace propose, ses repercussions sur les
personnes et les proprll3tes et les dossiers de securite de I'entreprise soumettant
une demande.
3. Une fois I'analyse detaillee terminee, qu'ils soumettent et defendent to ute
recommandation relative aux lacunes qui pourraient nuire aux personnes et aux
proprietes.
Une longue discussion s'ensuit, et les conseillers Court et Farren appuient la proposition
pn3sentee. S'opposant a la proposition presentee, Ie conseiller Chase mentionne les
avantages economiques substantiels que Ie projet de gaz naturelliquefie apporterait a
Saint John. Se reportant aux avantages que d'autres ordres de gouvernement
retireraient de ce projet, Ie maire suppleant Hooton demande s'il est possible que Ie
gouvernement provincial defraie Ie coOt des services de I'intervenant. M. Totten explique
que des fonds sont disponibles pour les groupes communautaires, mais qu'il n'en existe
pas actuellement pour les municipalites.
A I'issue du vote, la proposition est rejetee. Le maire McFarlane, Ie maire
suppleant Hooton et les conseillers Chase, McGuire et Titus votent contre la proposition.
Proposition du conseiller McGuire
Appuyee par Ie maire suppleant Hooton
RESOLU que Ie directeur general prepare un
memoire a I'intention de l'Office national de I'energie qui so it conforme au contenu du
rapport presente; que Ie memoire soit signe par Ie maire au nom du conseil communal;
que Ie directeur general cherche des fonds aupres d'autres ordres de gouvernement
pour couvrir les services d'un intervenant; et que Ie rapport soit accepte a titre informatif.
Le maire suppleant Hooton propose une modification selon laquelle Ie proposeur
convient que Ie directeur general exerce une pression sur les ordres de gouvernement
superieurs pour financer les services d'un intervenant.
A I'issue du vote, la proposition telle que modifiee est adoptee.
12.4b) Enregistrement de Emera Brunswick Pipeline Company Ltd.
Proposition du conseiller Farren
Appuyee par Ie maire suppleant Hooton
RESOLU que Ie rapport presente par Ie directeur
general relatif a I'evaluation des impacts environnementaux (ErE) - enregistrement de
Emera Brunswick Pipeline Company Ltd., so it accepte a titre informatif.
A I'issue du vote, la proposition est adoptee.
10. Consideration of By-laws
10.1 Third Reading - City Market By-law Amendment
On motion of Deputy Mayor Hooton
Seconded by Councillor Farren
RESOLVED that the by-law entitled, "By-law
Number C-1, a By-law Relating to the Market in the City of Saint John" amending
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Section 5(2) by adding the following immediately after subsection 5(2)(h): (i) Stall B1 &
A1, be read.
Question being taken, the motion was carried.
The by-law entitled, "By-law Number C-1, a By-law Relating to the Market in the City of
Saint John" was read in its entirety.
On motion of Deputy Mayor Hooton
Seconded by Councillor Ferguson
RESOLVED that the by-law entitled, "By-law
Number C-1, a By-law Relating to the Market in the City of Saint John" amending
Section 5(2) by adding the following immediately after subsection 5(2)(h): (i) Stall B1 &
A 1, 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-1, a By-law Relating to
the Market in the City of Saint John".
Question being taken, the motion was carried.
10. Etude des arretes municipaux
10.1 Troisieme lecture de la modification relative a "arrete sur Ie marche
municipal
Proposition du maire suppleant Hooton
Appuyee par Ie conseiller Farren
RESOLU que I'arrete intitule (( Arrete nO C-1
concernant Ie marche de The City of Saint John )} modifiant Ie paragraphe 5(2) par
I'ajout de ce qui suit immediatement apres I'alinea 5(2)h) : (( i) etals nO' B1 et A1 )), fasse
I'objet d'une lecture.
A I'issue du vote, la proposition est adoptee.
L'arrete intitule (( Arrete nO C-1 concernant Ie marche de The City of Saint John )) est lu
integralement.
Proposition du maire suppleant Hooton
Appuyee par Ie conseiller Ferguson
RESOLU que I'arrete intitule (( Arrete nO C-1
concernant Ie marche de The City of Saint John )) modifiant Ie paragraphe 5(2) par
I'ajout de ce qui suit immediatement apres I'alinea 5(2)h) : <( i) etals nO' B1 et A1 )), fasse
I'objet d'une troisieme lecture, que led it arrete soit edicte et que Ie sceau communal y
soit appose.
A I'issue du vote, la proposition est adoptee.
Troisieme lecture par titre de I'arrete intitule ({ Arrete nO C-1 concernant Ie marche de
The City of Saint John )).
A I'issue du vote, la proposition est adoptee.
1 0.2(a) Municipal Plan Amendment. Portion of Cambridge Estates. Third Reading
On motion of Councillor Ferguson
Seconded by Councillor Farren
RESOLVED that the by-law entitled, "By-law
Number C.P. 105-6, A Law to Amend the Municipal Plan By-law" by re-designating on
Schedule 2-A of the Plan, a parcel of land with an area of approximately 12 hectares,
located to the south of Boars Head Road and to the west of Millidge Avenue, also
identified as being a portion of PID Number 55167530, from Low Density Residential to
High Density Residential classification; amending Exhibit 3-1 in Section 3.2, of the
Millidgeville Secondary Plan, (DEVELOPMENT AREA DESIGN GUIDELINES -
Development Areas) by deleting the number "5" under the heading "Future
Development Area Intensity" for Development Area D, and replacing it with the numbers
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"5 & 6", and amending 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"; "An
Intensity 6 mix of one and two family dwellings, townhouses and apartments could also
be developed on the higher land to the south.", be read.
Question being taken, the motion was carried.
The by-law entitled "By-law Number 105-6, a Law to Amend the Municipal Plan By-law"
was read in its entirety.
On motion of Councillor Farren
Seconded by Deputy Mayor Hooton
RESOLVED that the by-law entitled, "By-law
Number C.P, 105-6, A Law to Amend the Municipal Plan By-law" by re-designating on
Schedule 2-A of the Plan, a parcel of land with an area of approximately 12 hectares,
located to the south of Boars Head Road and to the west of Millidge Avenue, also
identified as being a portion of PID Number 55167530, from Low Density Residential to
High Density Residential classification; amending Exhibit 3-1 in Section 3.2, of the
Millidgeville Secondary Plan, (DEVELOPMENT AREA DESIGN GUIDELINES -
Development Areas) by deleting the number "5" under the heading "Future
Development Area Intensity" for Development Area D, and replacing it with the numbers
"5 & 6", and amending 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": "An
Intensity 6 mix of one and two family dwellings, townhouses and apartments could also
be developed on the higher land to the south,", 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 105-6, a Law to Amend the
Municipal Plan By-law",
10.2(b)Zoning By-law Amendment. Portion of Cambridge Estates - Third Reading
On motion of Councillor Farren
Seconded by Deputy Mayor Hooton
RESOLVED that the by-law entitled, "By-law C.P.
Number 110-14, A Law to Amend the Zoning By-law of The City of Saint John", re-
zoning a parcel of land with an area of approximately 12 hectares, located to the south
of Boars Head Road and to the west of Millidge Avenue, also identified as being a
portion of PID Number 55167530, from "R-2" One and Two Family Residential to "TH"
Townhouse and "RM-2" High Rise Multiple ReSidential classification, be read.
Question being taken, the motion was carried.
The by-law entitled, "By-law Number C,P. 110-14, a Law to Amend the Zoning By-law of
The City of Saint John was read in its entirety.
10.2(c)Section 39 Conditions - Cambridge Estates
On motion of Deputy Mayor Hooton
Seconded by Councillor Farren
RESOLVED that, pursuant to the provisions of
Section 39 of the Community Planning Act, the proposed development of that portion of
the subject site to be zoned "RM-2" High Rise Multiple Residential, having an area of
approximately 4.7 hectares, located to the south of Boars Head Road and to the west of
Millidge Avenue, also identified as being a portion of PID number 55167530, with a high
density residential development be subject to the following conditions:
a) the density of development shall not exceed 42.5 dwelling units per hectare (i.e.
200 units);
b) the height of any building shall not exceed five storeys plus basement parking
level;
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c) the site shall not be developed except in accordance with detailed plans,
illustrating the location of buildings and structures, vehicular access, parking
areas, landscaping, building height, elevation views and exterior building
materials, which shall be prepared by the applicant and submitted for approval by
Common Council as a statutory amendment to these conditions,
and further that upon the rezoning of the area, the land and any building or structure
thereon must be developed and used in conformity with the proposal and conditions
identified herein.
Question being taken, the motion was carried.
On motion of Deputy Mayor Hooton
Seconded by Councillor Ferguson
RESOLVED that the by-law entitled, "By-iaw C.P.
Number 110-14, A Law to Amend the Zoning By-law of The City of Saint John", re-
zoning a parcel of land with an area of approximately 12 hectares, located to the south
of Boars Head Road and to the west of Millidge Avenue, also identified as being a
portion of PID Number 55167530, from "R-2" One and Two Family Residential to "TH"
Townhouse and "RM-2" High Rise Multiple 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. 110-14, a Law to
Amend the Zoning By-law of The City of Saint John".
10.2a) Troisieme lecture du projet de modification du plan municipal visant une
partie du lotissement Cambridge Estates
Proposition du conseiller Ferguson
Appuyee par Ie conseiller Farren
RESOLU que l'arreHe intitule (( Arrete no C.P, 105-6
modifiant I'arrete relatif au plan municipal )) visant a modifier, a I'annexe 2-A du plan, la
designation d'une parcelle de terrain d'une superficie d'envlron 12 hectares, situee au
sud du chemin Boars Head et a I'ouest de I'avenue Millidge et portant Ie NID 55167530,
pour la faire passer de zone residentielle a faible densite a zone residentielle a forte
densite; ia modification du tableau 3-1 de I'article 3.2 du plan secondaire de Millidgeville
(UGNES DIRECTRICES RELATIVES A LA CONCEPTION DE SECTEURS
D'AMENAGEMENT : secteurs d'amenagement) par la suppression du numero (( 5 )),
sous la rubrique (( Intensite future du secteur d'amemagement )) relativement au secteur
d'amenagement (( D)), et son remplacement par les numeros (( 5 et 6 )), et la
modification de I'article 3.4.4 du plan secondaire de Millidgevi1le (UGNES
DIRECTRICES RELATIVES A LA CONCEPTION DE SECTEURS D'AMENAGEMENT-
projets et propositions relatifs au secteur d'amenagement (( D )) : chemin Boars Head)
en ajoutant la phrase suivante a la suite du deuxieme paragraphe sous la rubrique
(( Thematiaue et caracteristiaue de l'amenaQement )) : (( Un melange residentiel a
intensite d'usage nO 6, comprenant des habItations unifamiliales et bifamiliales, des
maisons en rangee et des immeubles a logement, peut egalement etre amenage sur les
terrains eleves situes en direction sud. )), fasse I'objet d'une lecture.
A I'issue du vote, la proposition est adoptee.
L'arrete intituh3 (( Arrete nO C.P. 105-6 modifiant I'arrete relatif au plan municipal )) est lu
integralement.
Proposition du conseiller Farren
Appuyee par Ie maire sU'ppleant Hooton
RESOLU que I'arrete intitule {< Arrete no C.P. 105-6
modifiant I'arrete relatif au plan municipal )) visant a modifier, a I'annexe 2-A du plan, la
designation d'une parcelle de terrain d'une superficie d'environ 12 hectares, situee au
sud du chemin Boars Head et a I'ouest de I'avenue Millidge et portant Ie NID 55167530,
pour la faire passer de zone residentielle a faible densite a zone residentielle a forte
densite; la modification du tableau 3-1 de I'article 3.2 du plan secondaire de Millidgeville
(UGNES DIRECTRICES RELATIVES A LA CONCEPTION DE SECTEURS
D'AMENAGEMENT : secteurs d'amenagement) par la suppression du numero (( 5 )),
sous la rubrique (( Intensite future du secteur d'amenagement >> relativement au secteur
92.293
COMMON COUNCIL f CONSEIL COMMUNAL
JUNE 5, 20061 LE 5 JUIN 2006
d'amenagement<< D >>, et son remplacement par les numeros 115 et 6 >>, et la
modification de I'article 3.4.4 du plan secondaire de Millidgeville (L1GNES
DIRECTRICES RELATIVES A LA CONCEPTION DE SECTEURS D'AMENAGEMENT -
projets et propositions relatifs au secteur d'amenagement lID>> : chemin Boars Head)
en ajoutant la phrase suivante a la suite du deuxieme paragraphe sous la rubrique
II Thematiaue et caracteristiaue de I'amenaaement >> : II Un melange residentiel a
intensite d'usage nO 6, comprenant des habitations unifamiliales et bifamiliales, des
maisons en rangee et des immeubles a logement, peut egalement etre amenage sur les
terrains eleves situes en direction sud. >>, fasse I'objet d'une troisieme lecture, que ledit
arrete soit edicts et que Ie sceau communal y soit appose.
A I'issue du vote, la proposition est adoptee.
Troisieme lecture par titre de I'arrete intitule II Arrete nO CP-1 05-6, modifiant I'arrete
relatif au plan municipal >>.
10.2b) Troisieme lecture du projet de modification de I'arrete sur Ie zonage visant
une partie du lotissement Cambridge Estates
Proposition du conseiller Farren
Appuyee par Ie maire suppleant Hooton
QUE I'arn':lte intitule II Arrete nO C.P. 110-14
modifiant I'arrete sur Ie zonage de The City of Saint John >>, relativement au rezonage
d'une parcelle de terrain d'une superficie d'environ 12 hectares, situee au sud du chemin
Boars Head et a I'ouest de I'avenue Millidge et portant Ie NID 55167530, afin de faire
passer la designation s'y rapportant de zone residentielle - habitations unifamiliales et
bifamiliales II R-2 >> a zone de maisons en rangee << TH >> et a zone residentielle
d'immeubles-tours a logements multiples II RM-2 >>, fasse I'objet d'une lecture.
A I'issue du vote, la proposition est adoptee.
L'arrete intitule II Arrete nO C.P. 110-14 modifiant I'arrete sur Ie zonage de The City of
Saint John >> est lu integralement.
10.2c) Conditions imposees par I'article 39 relativement au lotissement
Cambridge Estates
Proposition du maire suppleant Hooton
Appuyee par Ie conseiller Farren
RESOLU qu'en vertu des dispositions prevues a
I'article 39 de la Loi sur f'urbanisme, Ie projet d'amenagement d'une partie dudit
emplacement devant etre designe comma zone residentielle d'immeubles-tours a
logements multiples << RM-2 >>, d'une superficie d'environ 4,7 hectares, situe au sud du
chemin Boars Head et a I'ouest de I'avenue Millidge, faisant partie du terrain portant Ie
NID 55167530 et reserve a f'amenagement residentiel a haute densite, soit assujetti aux
conditions suivantes :
a) la densite d'amemagement ne peut exceder 42,5 logements par hectare (c'est-a-
dire 200 logements);
b) la hauteur des btltiments ne peut exceder cinq etages, sans compter Ie niveau
du stationnement situe au sous-sol;
c) )'emplacement doit etre amemage conformement aux plans detailles, indiquant
I'emplacement des batiments et des constructions, les acces a I'emplacement au
moyen de vehicules, les aires de stationnement, les espaces paysagers, la
hauteur des batiments, les plans d'elevation, les materiaux exterieurs des
btltiments, devant etre prepares par Ie demandeur et soumis aux fins
d'approbation du conseil en tant que modification legislative apportee aces
conditions.
De plus, a la suite du rezonage du secteur, les terrains ainsi que tout batiment ou
construction qui s'y trouve, doivent etre amenages et utilises conformement a la
proposition et aux conditions qui y sont stipulees.
A I'issue du vote, la proposition est adoptee.
92-294
COMMON COUNCIL 1 CONSEIL COMMUNAL
JUNE 5, 2006 , LE 5 JUIN 2006
Proposition du maire suppleant Hooton
Appuyee par Ie conseiller Ferguson
QUE l'arn3te intitule (( Arrete nO C.P. 110-14
modifiant I'arrete sur Ie zonage de The City of Saint John ii, relativement au rezonage
d'une parcelle de terrain d'une superficie d'environ 12 hectares, situee au sud du chemin
Boars Head et a I'ouest de I'avenue Millidge et portant Ie NID 55167530, afin de faire
passer la designation s'y rapportant de zone residentielle - habitations unifamiliales et
bifamiliales (( R-2 )) a zone de maisons en rangee (( TH ii et a zone residentielle
d'immeubles-tours a logements multiples (( RM-2 >>, fasse I'objet d'une troisieme lecture,
que ledit arrete soit edicte et que Ie sceau communal y soit appose.
A I'issue du vote, la proposition est adoptee.
Troisieme lecture par titre de I'arrete intitule (( Arrete nO C.P. 110-14 modifiant I'arrete sur
Ie zonage de The City of Saint John )).
10.3 Zoning By-law Amendment -725 Westmorland Street. Third Reading
On motion of Deputy Mayor Hooton
Seconded by Councillor Ferguson
RESOLVED that the by-law entitled, "By-law
Number 110-15, A Law to Amend the Zoning By-law of The City of Saint John", re-
zoning a parcel of land located at 725 Westmorland Road, with an area of approximately
1.57 hectares (3.88 acres) also identified as being PID Number 00436790, from "RS-1"
One and Two Family Suburban Residential to "R-2" One and Two Family Residential
and "RM-1" Three Storey Multiple Residential classifications, be read.
Question being taken, the motion was carried.
The by-law entitled, "By-law Number C.P. 110-15, a Law to Amend the Zoning By-law of
The City of Saint John was read in its entirety.
On motion of Deputy Mayor Hooton
Seconded by Councillor Titus
RESOLVED that the by-law entitled, "By-law
Number 110-15, A Law to Amend the Zoning By-law of The City of Saint John", re-
zoning a parcel of land located at 725 Westmorland Road, with an area of approximately
1.57 hectares (3.88 acres) also identified as being PID Number 00436790, from "RS-1"
One and Two Family Suburban Residential to "R-2" One and Two Family Residential
and "RM-1" Three Storey Multiple Residential classifications, 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. 110-15, a Law to
Amend the Zoning By-law of The City of Saint John".
10.3 Troisieme lecture du projet de modification de I'arrete sur Ie zonage relatif
au 725, rue Westmorland
Proposition du maire suppleant Hooton
Appuyee par Ie conseiller Ferguson
RESOLU que l'arn3te intitule (( Arrete nO C.P. 110-
15 modifiant I'arrete sur Ie zonage de The City of Saint John )i, relativement au rezonage
d'une parcelle de terrain d'une superficie d'environ 1,57 hectare (3,88 acres), situee au
725, chemin Westmorland et portant Ie NID 00436790, afin de faire passer la
designation s'y rapportant de zone residentielle de banlieue - habitations unifamiliales et
bifamiliales (( RS-1 )) a zone rElsidentielle - habitations unifamiliales et bifamiliales (( R-
2 )> et a zone residentielle d'immeubles a logements multiples de trois etages (( RM-1 >>,
fasse I'objet d'une lecture.
A I'issue du vote, la proposition est adoptee.
L'arrete intitule ({ Arrete nO C.P. 110-15 modifiant I'arrete sur Ie zonage de The City of
Saint John i) est lu integralement.
92-295
COMMON COUNCIL I CON5EIL COMMUNAL
JUNE 5, 20061 LE 5 JUIN 2006
Proposition du maire suppleant Hooton
Appuyee par Ie conseiller Titus
RESOLU que I'arrete intitule << Arn9te nO C.P. 110-
15 modifiant I'arrete sur Ie zonage de The City of Saint John )), relativement au rezonage
d'une parcelle de terrain d'une superficie d'environ 1,57 hectare (3,88 acres), situee au
725, chemin Westmorland et portant Ie NID 00436790, afin de faire passer la
designation s'y rapportant de zone residentielle de banlieue - habitations unifamiliales et
bifamiliales << RS-1 )) a zone residentielle - habitations unifamiliales et bifamiliales
<< R-2 )) et a zone residentielle d'immeubles a logements multiples de trois etages
<< RM-1 )), fasse I'objet d'une troisieme lecture, que ledit arrete so it edicte et que Ie
sceau communal y soit appose.
A I'issue du vote, la proposition est adoptee.
Troisieme lecture par titre de I'arrete intitule << Arrete nO C.P, 110-15 modifiant I'arrete sur
Ie zonage de The City of Saint John )).
11. Submissions by Council Members
11.1 Road Construction - Pipeline on West Side and Unsightly Properties
On motion of Councillor Court
Seconded by Councillor Farren
RESOLVED that the letter from Councillor Court
be received for information.
Staff responded to questions raised by Councillor Court with regard to road construction
in East Saint John, Enbridge Gas Pipeline Construction on the West Side and unsightly
properties on Ocean Westway.
Question being taken, the motion was carried.
11. Intervention des membres du conseil
11.1 Travaux de refection, pipeline dans Ie quartier ouest et proprietes
inesthetiques
Proposition du conseiller Court
Appuyee par Ie conseiller Farren
RESOLU que la lettre du conseiller Court soit
acceptee a titre informatif.
Le personnel rl3pond aux questions souievees par Ie conseiller Court concernant les
travaux de refection dans Ie secteur est de Saint John, la construction d'un gazoduc par
Enbridge Gas New Brunswick Inc. et les proprietes inesthetiques sur la voie Ocean
ouest.
A I'issue du vote, la proposition est adoptee.
Mayor McFarlane advised it was 10:00 p.m.
On motion of Deputy Mayor Hooton
Seconded by Councillor McGuire
RESOLVED that the meeting be adjourned as
provided for in Council's Procedural By-law.
Question being taken, the motion was carried with Councillor Court voting
"nay".
Le maire McFarlane indique qu'il est 22 h.
Proposition du maire supph!!ant Hooton
Appuyee par ie conseiller McGuire
RESOLU que la reunion soit levee, conformement
aux dispositions de I'arrete procedural du conseil.
92-296
COMMON COUNCIL I CONSEIL COMMUNAL
JUNE 5. 2006 , LE 5 JUIN 2006
A I'issue du vote, la proposition est adoptee. Le conseiller Court vote contre la
proposition.
Mayor/maire
Common Clerk/greffier communal
June 5, 2006
Your Worship Mayor Norm McFarlane and Common Council
Saint John, New Brunswick
I am writing to inform you of the newly formed Village Neighbourhood Association.
We are one of five neighbourhoods in Saint John that has been identified as a
neighbourhood under stress due to the high concentration of poverty. A few facts
might provide you with a picture of our neighbourhood:
· The percent of single mother families in the Crown Street area is double
the Saint John average. All other areas of our neighbourhood have very
few children.
· Our incidence of low-income households ;s double the Saint John
average.
· While most households are funded by an employed breadwinner, most
households are significantly below the Saint John average income and
the Lleo of $22,000. We are the working poor.
· Only 8% of our properties are owner occupied.
· Our homes are old -- 90% were built before 1970; 54% were built before
1940
Our issues are neither surprising nor rocket-science to fix. Our issues are found in
the roots of neglect, poverty and silence. We are finding our voice!
We would like to make a presentation to Common Council regarding the issues we
are working on in an effort to improve the quality of life in our neighbourhood. We
cannot raise the standard by ourselves - we require the attention and services of
several commissions and city staff. We have had some successes in The Village
in working with the Police and area agencies and would like to build on this model.
We look forward to the support of the City Departments and Commissions as the
"Village Association" works to raise the standard in our neighbourhood.
Please advise of a suitable time for speaking with the Council.
~lncerely,
t\ '\ ..L VVI~v.:,
~".'. "-'., ...... ~ "-^... -,.J.--.J...- "J \
Cony G. Brienza
Facilitator, Village Association
36 Richmond Street
635-5827
~- SAINT JOHN
~ ~
The City of Saint John
June 14,2006
P.O. Box/C.P. 1971
Saint John, NB/N.-B.
Canada E2l 4L 1
www.saintjohn.ca
His Worship Mayor Norman McFarlane and
Members of Common Council
Your Worship and Councillors:
RE: Vision 2015 - Program of Excellence
Staff request a meeting of Common Council in Open Committee be held on Thursday,
June 22, 2006 at 4:30pm in the Council Chambers to receive and discuss two
presentations:
1. Over the past few months staff has been working on a number of
initiatives related to the Vision 2015 - Program of Excellence. We would like
the opportunity to meet with Conunon C01U1cil and provide and update on our
activities.
2. One of the initial projects that has been identified for the Program is a review
of the City's Governance structure. To start the dialogue on this matter and
assist Council in identifying the issues associated with this project Mr. Woods
has prepared a presentation.
It is anticipated that the meeting will adjourn at 7:00pm.
Respectfully submitted,
tL~
Andrew P. Beckett C.A.
Deputy City Manager
Programs & Priorities
Explore our past/ Explorez notre passe
Discover your future Decouvrez votre avenir
Gr}Td Bay-Westfield . Quispamsis . Rothesay . St. Mprtins . Saint John
Tk~~~J~...
To our Honourable Mayor and Council; I am writing this letter
on behalf, of not only my personal business but the future of
all vendors after me. My name is Brian Keith Perreault, I am
presently a Hot dog vendor in the up town area at 9-11
Sydney St. in front of (Studio 54) this being only a benefit to
me at the midnight hours.
I am here by; asking you if it would be possible if I and any
other future vendor can at any given time, be able to move
their vendor from their own occupied site, to any of the
unoccupied sites that are not at the present owned by
anyone after the city has had the auction for biding on these
sites; this being that everyone that wants to be a vendor has
to buy at least one vending site at that time for the minimum
bid of $2,000.
This would be much easier for me and any other vendor
because of the new hike on each site from $600 to $2000.
This has made it harder for me, I have went from running
three Hot dog carts to only one, this new hike has made it
not only impossible for me to run all my carts, but it is no
longer profitable for me to run any more than one cart now.
In saying this, the persons running a vendor can
"only" run one vendor, per site as it has be licensed and paid
for in full, at anytime, giving this person the right to move
from that paid occupied site, owned by him or her at that
present time to any of the other unoccupied sites, this being,
"only" one at a time, with permits and licenses on hand at all
times. If this is to be passed it would make things much
easier for not only me, but the customers I have had the
pleasure of serving for the pass 10 years as a Hot dog
vendor. In saying all this, I want you to know I love my job.
And the future of vendors on the streets is very important to
me, I will be at the council meeting to further discuss this
matter if need be. God Bless...
BKP VENDING, thanks again
~l~~~~~~
Sidewalk Vendors
Page 1 of 1
Verner, Lori
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From: Peter Asimakos [peter@uptownsj.com]
Sent: Thursday, June 01, 2006 3:14 PM
To: Edwards, Bill
Subject: Sidewalk Vendors
Hi Bill,
I had a meeting with Brian Parent of BKP Vending yesterday and he gave me his story about his vending
business. To date I understand that he has bought one site to use one of his three carts. He anticipates most of
the other sites will not sell due to the increase in prices. He claims other cities larger than Saint John have lower
fees and that this is unfair as he is the primary sidewalk vendor in the city and has been trying to raise the bar as
far as quality goes.
We discussed an idea that if most other sites did not sell as we get into the summer months there might be some
flexibility in the permit to allow purchasers of one site to move to at one other location during the day or evening
depending on when the best business is. This sounds reasonable as he or anyone else would only have the one
profit center/cart and therefore additional fees would not be warranted. This flexibility would only be available to
additional sites that were not purchased - I do not know how it would be policed if two vendors wanted to move to
the same site during the day while using different sites at night, other than it being stipulated at the time of
purchase and being advised later if things changed.
I hope this makes sense. Contact me if you need to discuss further.
Peter Asimakos
General Manager
Uptown Saint John Inc.
40 King Street
Saint John, NB
E2L 1G3
506-633-9797
Direct Line 506-633-1426
Fax 506-652-3525
email: peterC9.-uptQYVnsj.com
www.~ptownsj.com
6/6/2006
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\) PARTNERS"'\">
40 King St., Saint John, NB Canada E2L 1G3
Tel: (506) 674-4278 or 1 (800) 561-2877
Fax: (506) 658-2872
i nfo@sjwaterfront.com
www.sjwaterfront.com
June 15, 2006
Ms. Elizabeth Gormley
Common Clerk
City of Saint John
POBox 1971
Saint John, NB E2L 4L 1
AH/I1 Mp.n.j ~
Dear Ms. Gormley:
On behalf of the Saint John Development Corporation, we would like an opportunity to
address a closed session of Common Council on July 31s1 to present an update on our
progress with respect to the Saint John Coast Guard site redevelopment proposal. As
project managers for the development, the team with the Hardman Group will be joining
us to answer any questions Council may have.
We look forward to hearing from you at your earliest convenience to confirm the date of
our appearance. I can be reached at 333-3021.
Regards, , .1. ~
~.cil /L/~
Q,arles Swanton
Chairman
*
E~~RI
.
I.
..
IENTERPRISE
SAlNT JOHN
Sai'" John
Dewlopment COrporallon
City of saint John
SaInt John
Iloard of Trade
HORST SAUERTEIG
88 Bedell Ave.. Saint John, N.B.. ElK 2C4, phone 15061 658-1326. e-mail saueTt\lcD ~1'nb.sympatiCl1ca
June 15,2006
To Mayor Norm McFarlane and Councillors of the City of Saint John
Re.: Common Council's decision concerning the "Brunswick Pipeline Project"
Your Worship and Councillors,
At the June 5, 2006 Open Session of Common Council (CC) City Manager Terrence L.
Totten advised CC to abandon its intention of becoming an Intervenor in the Public
Hearing concerning the application to the National Energy Board (NEB) by the Emera
Brunswick Pipeline Company Ltd. (Emera) for a Certificate of Public Convenience to
construct and operate a natural gas pipeline from the Mispec LNG Terminal to the USA
border and beyond, and instead submit only a "written comment" which is informal and
ineffective at the Public Hearing. This advice was based on wrong assumptions.
In his report to CC Mr. Totten states:
"Staff is of the opinion that if the NEB performs its responsibility appropriately
than the NEB has a duty to review the appropriateness and accuracy of the various
studies supporting Emera's position on the marine route. This level of due
diligence is the function of the NEB given the specific mandate and not that of the
City of Saint John".
If Mr. Totten would be right no Public Hearings would be required. The NEB would
simply do their duty as Mr. Totten sees it and approve the Emera application or request
changes before approving it. But these Public Hearings form part of NEB's function to
regulate the Energy Industry, and it is not the NEB's role during these Hearings to take
sides in disputes such as between Emera and the Intervenors, or to act as an Intervenor.
This impartiality was clearly explained in the NEB's Public Information Session of April
4, 2006 at the Delta which the City Manager seems to have missed and is contained in the
National Energy Board Act and in some of the NEB's 'Bulletins'.
Instead, during the Public Hearings, similar to a court of law, a Review Panel of the NEB
will listen to the sworn presentation of Emera, the Applicant, and its witnesses, which
will be cross-examined by the Intervenors, and than the Intervenors are sworn-in and
present their evidence and will be cross-examined by the Applicant and the NEB (1)..
After final arguments the Panel will adjourn until it has made a final decision. If the '
City's intervention is limited to a "written comment" the City is excluded from this law-
court like procedure. It can not cross-examine the Applicant and its witnesses.
2
This quasi-judicial review panel will receive and record the submissions from the
applicant and from the Intervenors as well as their written and oral responses, and will
take into consideration letters of comment and oral statements. It may even question an
Intervenor but will not investigate the applicant's submission and/or exercise due
diligence, as Mr. Totten suggests. The Emera submission has been prepared by several
Professional Engineering finns, "experts" in a legal sense. It is the task of the Intervenor
to examine the applicanfs witness, preferable by another 'expert'. Finally the panel, like
a judge in a court case, will consider the total of the Hearing's record, will consider what
argwnents both sides have brought before it, and will make a ruling as to what is in the
best public interest. If the City did not intervene before the panel there is nothing to be
considered. However, if CC wants to act "in the best interest" of citizens who are
concerned with the pipeline going through the city, or ifCC has a preference for a
submarine pipeline by-passing the city, than CC should go back to its original intent and
register as an Intervenor. It costs money, and the various citizens' groups opposed to the
pipeline routing etc. do not have any, but one of them claims to have collected 17,000
signatures under a protest declaration. Therefore the City has a duty to get involved on
behalf of its citizens. Such an intervention would save live, limb and/or property of its
citizens by preventing a possible gas line explosion in the city and in the process would
save Rockwood Park as a recreational wilderness area and a CO2 receptor within the city.
Mr.Totten bases his advice to CC on the Emera Application which, he says, concludes
that a marine pipeline would not be practical. But he has to admit that the NEB's "Draft
Environmental Scoping Document for Public Comment" still asks for comments about
the "Marine Route", that this route is still very much on the table. As can be expected, the
Consultants for Emera did find fault with a submarine route as compared to an over-land
route because it is more expensive. But even these Consultants admit that whilst the tides
in the outer Saint John Harbour and along the submarine pipeline route are difficult, they
are considerable less severe than out in the Bay or at the Irving Mono-Buoy at Mispec.
But even at the Mono-Buoy divers routinely work during slack-tides, and a submarine
pipeline installed without accidents in 1970 perpendicular to the tide flow has been
operating successfully ever since. For Saint John's citizens the "Marine Route" is much
safer than a pipeline through the city, and from a technical point of view entirely feasible.
It is a given that the Emera 'experts' support the most economical route for the pipeline,
but I take issue with the City Manager for simply adopting the same Emera Application
without considering the 'public interest' of the city residents, their exposure to the real
danger of an industrial size pipeline with 1440 psi pressure under city streets waiting for
an accident to happen, who get no benefits from it but a reduction in their quality of life.
I go into more detail on this subject in my reply to the Scoping Document to the NEB.
The letter can be downloaded from the internet:
www.neb-one.gc.ca Public Registries Emera Brunswick Pipeline.. .Folder 408789
Draft Scoping Document Comments 06-06-03 H.Sauerteig (A 12269)
An 11 pages list of pipeline accidents only in the USA is attached to the letter. Anyone in
doubt of the dangers of such an over-land pipeline might want to download this list.
3
Emera's Consultants are mostly concerned with cost and length oftirne to lay the pipe,
and sometimes go a bit overboard on both accounts. For example: in their Feasibility
Study pes claims on page 7 that "in the Bay of Fundy more frequent tidal changes exist"
than on another submarine pipe project. But there is no special moon in the Bay to cause
'more frequent' tides. Furthermore all schedules carry a 2008 completion date, but the
Emera application to the NEB lists on page 29 the commencing date of the operation of
the pipeline to be between Nov. 1,2008 and Nov.I, 2009, up to a full year later. The
Consultants provided this input presumably to enhance the "Marine Route's" perceived
and real technical difficulties in order to propagate, for mostly economical reasons and
without consideration for the citizens, the pipeline which would go across the city.
CC should also take into consideration that along the over-land route within city limits,
where the pipe is not located under a city street, a road will be built for the surveillance
and maintenance of the line. This road becomes the responsibility of the City, or of the
individual landowners, as the case may be. Traffic and noise from ATVs, cross-country
vehicles, snowmobiles etc. can be expected, mostly at night, and forest fires and all kind
of vandalism and garbage dumping will result. This will affect many citizens, not only
those residing in the vicinity and will require additional policing.
I respectfully ask CC to register as an Intervenor for the protection of the citizens.
Sincerely,
,
It fcw,~f
(H. Sauerteig)
s~
f3 Saint John
Parking Commission
Commission sur
Ie stationnement de Saint John
11th Floor, City Hall, 11 ieme Etage, Hotel de Ville
P.O, Box 1971 IC.P. t971
SainI John, N.B./N.-S. E2L 4L 1
Tel! Tel: (506) 658-2897
Fax I Telecopieur: (506) 649-7938
E-mail! Courriel: parking@sainljohn.ca
June 15,2006
Mayor Norman McFarlane and
Members of Common Council
City of Saint John
8th Floor, City Hall
15 Market Square
Saint John, N.B.
Your Worship and Councillors,
Re: Requested changes to the (1) City of Saint John Parking Meter Bylaw in the area around St.
Joseph's Hospital and (2) Changes to the City Traffic Bylaw at the Harbour Passage parking lot
next to the Brunswicker.
With re!!ard to the St. Joseph~s Hospital Parkin!! Area. we are reQuestin!! the followin!!
Parkin!! Meter Bvlaw chanees:
We are proposing the following amendments:
1. Add the following new section to Hours of Operation: 6( 1,1)
. The section applies from 7 a.m. to 6 p.m. on Monday to Friday,
inclusive.
2. Add to Schedule "C" the following:
. St. Joseph's Hospital Bayard Drive parking lot (Pill 16147) while the
said parking lot is being leased by the Saint John Parking Commission
and is available for parking by the public.
. St. Joseph's Hospital Golding Street parking lot (PID
14423,14431,15982,14506 and 14498) while parking lot is being leased
by the Saint John Parking Commission and is available for parking by
the public.
With re!!ard to the Harbour Passaee parkinszlot. we are proposinsz the followine City
Traffic Bvlaw chane:e:
1. Add the following new section 7( 1.1):
o No person shall park a motor vehicle for a period longer than two hours
Monday to Friday, inclusive, between the hours of 08:00 and 17:00 in the
Harbour Passage parking lot, which is described in schedule "A", while the
said lot is being leased by the Saint John Parking Commission and is
available for parking by the public.
www.saintjohn.ca
2
o Schedule "A-3" will show Harbour Passage parking lot with PID number.
The Saint Jo1m Parking Commission is requesting that the above changes to the Parking Meter
Bylaw and City Traffic Bylaw be made in the St. Joseph's Hospital area and the Harbour Passage
parking lot as outlined above.
Recommendation: It is recommended that Common Council direct the City Solicitor to prepare
the appropriate bylaw amendments to effect the proposed changes noted.
M & C 2006 - 166
June 14,2006
His Worship Mayor Norm McFarlane
and Members of Common Council
y our Worship and Members of Council:
SUBJECT:
Contract 2006-17: Chip Seal- 2006
BACKGROUND:
The 2006 General Fund Operating Budget included a provision for the chip sealing of a
number of roads in the City. This is an annual program to maintain the City's inventory
of chip seal roads.
The work consists generally of the supply of all necessary labour, materials and
equipment for the placement of approximately 13,020 m2 of single coat and 8,400 m2 of
double chip seal surface on various roads. Also included is the preparation of 8,400 m2
of roadbed for chip sealing by pulverizing and regrading the existing surface treatments.
There are a total of 3 roads in this contract.
TENDER RESULTS:
Tenders closed on June 14,2006 with the following results:
1) Industrial Cold Milling Ltd.
Moncton, N.B.
$149,099.00
The Engineer's estimate for the work was $158,970.00.
M & C 2006 - 166
June 14,2006
Page 2
ANALYSIS:
The tender was reviewed by staff and found to be formal in all respects. Staff are of the
opinion that the tenderer has the necessary expertise and the resources to perform the work,
and recommend acceptance of their tender.
FINANCIAL IMPLICATIONS:
This Contract includes work that is charged against the 2006 General Fund Operating
Budget. Assuming award of the contract to the tenderer, staff completed an analysis that
concluded that there will be adequate funds to complete this work.
RECOMMENDA TION:
It is recommended that Contract 2006-17: Chip Seal - 2006, be awarded to the tenderer,
Industrial Cold Milling Ltd., at their tender price of $149,099.00, as calculated based upon
estimated quantities, and further the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
Respectfully submitted,
J. M. Paul Groody, P .Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
M & C 2006 - 160
June 13,2006
His Worship Mayor Norm McFarlane
& Members of Common Council
y our Worship and Members of Council,
SUBJECT
CONTRACT 2006-22: CHARLOTTE STREET WEST (CHAMPLAIN STREET
TO LANCASTER AVENUE) - SEWER CONSTRUCTION
BACKGROUND
This Contract consists ofprojects that are approved in the 2006 Water & Sewerage Capital
Program and under the 2006 General Fund Capital Program as follows:
1. A 200mm and 250mm sanitary sewer on Charlotte Street West, from
Champlain Street to Lancaster Avenue, to replace an existing sanitary sewer
which is in poor condition.
2. A 300mm storm sewer on Charlotte Street West, from Champlain Street to
Lancaster Avenue, to separate storm flow from sanitary in accordance with the
City's separation policy.
TENDER RESULTS
Tenders closed on June 13, 2006 with the following results:
1)
Galbraith Constmction Ltd.
Saint John, NB
$331,452.00
2)
Fairville Constmction Ltd.
Saint John, NB
$355,180.00
3)
Maguire Excavating Ltd.
Saint John, NB
$389,972.00
The Engineer's estimate for the work was $358,863.60.
M & C 2006 - 160
June 13,2006
Page 2
ANAL YSIS
The tenders were reviewed by staff and all tenders were found to be formal in all respects.
A fourth tender in the amount of$428,514. 75, submitted by L. Sanford and Sons Ltd., was
rejected at the Tender Opening by the Tender Opening Committee in accordance with
Division 2.15 item (h) as this tender contained changes in prices not initialed by the person
signing the tender. Staff is of the opinion that the low tenderer has the necessary resources
and expertise to perform the work, and recommend acceptance of their tender.
FINANCIAL IMPLICATIONS
The Contract includes work that is charged against two different capital work projects.
Assuming award of the Contract to the low tenderer, an analysis has been completed which
includes the estimated amount of work on this project that will be performed by City forces
and others.
The analysis concludes that a total amount of$355,000.00 was provided in the budgets and
that the projected completion cost of the project included in the Contract is estimated to be
$298,101.58, including the City's eligible HST rebate - a $ 33,326.40 positive difference in
the Water & Sewerage Utility Fund Capital Program and a $23,572.02 positive difference in
the General Fund Capital Program.
RECOMMENDATION
It is recommended that Contract 2006-22: Charlotte Street West (Champlain Street to
Lancaster Avenue) - Sewer Constmction be awarded to the low tenderer, Galbraith
Constmction Ltd., at their tendered price of $331,452.00 as calculated based upon
estimated quantities, and further that the Mayor and Common Clerk be authorized to
execute the necessary contract documents.
Respectfully submitted,
J.M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
M& C 2006 - 164
June 14,2006
His Worship Mayor Norm McFarlane
& Members of Common Council
y our Worship and Members of Council,
SUBJECT
CONTRACT 2006-28: ARGYLE STREET (SAND COVE ROAD TO
CIVIC NO. 418) - WATER & SEWER RENEWAL
BACKGROUND
This Contract consists ofprojects that are approved in the 2006 Water & Sewerage Capital
Program and under the 2006 General Fund Capital Program as follows:
1. A 200mm watennain on Argyle Street, from Sand Cove Road to Civic No. 418,
to replace an existing watermain which is in poor condition.
2. A 200mm sanitary sewer on Argyle Street, from Sand Cove Road to Civic No.
418, to replace an existing sanitary sewer which is in poor condition.
3. A 300mm storm sewer on Argyle Street, from Sand Cove Road to Civic No.
418, to separate storm flow from sanitary in accordance with the City's
separation policy.
TENDER RESULTS
Tenders closed on June 14,2006 with the following results:
1)
Fairville Constmction Ltd.
Saint John, NB
$296,460.00
2)
Maguire Excavating Ltd.
Saint John, NB
$335,367.00
3)
Galbraith Constmction Ltd.
Saint John, NB
$388,695.00
The Engineer's estimate for the work was $345,448.80.
M & C 2006 - 164
June 14,2006
Page 2
ANAL YSIS
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 three different capital work projects.
Assuming award of the Contract to the low tenderer, an analysis has been completed which
includes the estimated amount of work on this project that will be performed by City forces
and others.
The analysis concludes that a total amount of$345,000.00 was provided in the budgets and
that the projected completion cost of the project included in the Contract is estimated to be
$269,630.45, including the City's eligible HST rebate - a $ 48,490.83 positive difference in
the Water & Sewerage Utility Fund Capital Program and a $26,878.72 positive difference in
the General Fund Capital Program.
RECOMMENDATION
It is recommended that Contract 2006-28: Argyle Street (Sand Cove Road to Civic No.
418) - Water & Sewer Renewal be awarded to the low tenderer, Fairville Constmction
Ltd., at their tendered price of $296,460.00 as calculated based upon estimated
quantities, and further that the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
Respectfully submitted,
J.M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
REPORT TO COMMON COUNCIL
n~'y c>f 5~ 1n l: J () t. rl
M & C - 2006-174
16 June 2006
His Worship Norman McFarlane
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Tender 2006-084901 T Shamrock Tennis Courts Resurfacing
BACKGROUND:
Part of the preparation of the 2006 Capital Budget for Leisure Services recognized the
need to resurface seven tennis courts at Shamrock Park. Tenders for this project closed
Wednesday, June 14,2006.
ANALYSIS:
The synthetic top coat applied to the tennis court area is a highly specialize product,
therefore there is limited possibility for competitive biding. As a result only one tender
was received. Playteck Enterprises Inc. ofDieppe, NB submitted a bid of$48,200.00
Staff of Materials & Fleet Management and Leisure Services have viewed the tender, and
have found it to be complete in every regard.
FINANCIAL IMPLICATIONS:
The total cost to resurface seven tennis courts at Shamrock Park, if awarded as
recommended, will be $48,200.00 plus tax.
Funds are included in the 2006 Leisure Services Capital Budget.
Page 2
RECOMMENDA TION:
It is recommended that the tender for the resurfacing of seven tennis courts at Shamrock
Park be awarded to Playteck Enterprises Inc. at a cost of $48,200.00 plus tax.
Respectfully submitted,
David Logan, CPPB
Purchasing Agent
Andrew Beckett, CA
Commissioner of Finance
T.L. Totten, FCA
City :Manager
M & C 2006 - 171
June 15,2006
His Worship Mayor Nonn McFarlane
and Members of Common Council
y our Worship and Members of Council:
SUBJECT: New Three-Way Stop Sign on Douglas Avenue at Bentley Street
BACKGROUND
Phase 2 of Harbour Passage is currently under constmction to extend the trail further
upstream beside Chesley Drive and also up Bentley Street to Douglas Avenue. Harbour
Passage crosses Douglas Avenue to access Reversing Falls. The concrete sidewalk up the
north side of Bentley Street has been replaced with new cranberry coloured concrete
sidewalk.
Douglas Avenue is a busy street. In order to provide a better opportunity for Harbour
Passage users to cross Douglas Avenue, three-way stop signs were installed. City staffwork
closely with our colleagues developing Harbour Passage.
Staff has received very little feedback about these signs. For the most part, Douglas Avenue
residents seem to be in favour of the change as it tends to slow traffic somewhat. A few
motorists who simply travel through the area may see it as a needless dismption. On the
whole, this represents an inexpensive means of providing a needed crossing of Douglas
Avenue.
RECOMMENDA TION
It is recommended that this report be received and filed.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
M& C 2006 - 151
June 13,2006
His Worship Mayor Norm McFarlane
& Members of Common Council
y our Worship and Members of Council,
SUBJECT
CONTRACT 2006-23: Lawrence Street - Watermain Looping
BACKGROUND
This Contract consists of a project that is approved in the 2006 Water & Sewerage Capital
Program as follows:
1. Install new 200mm watermain and valves, to eliminate dead-ends and address
water quality issue in the water distribution system in this area.
TENDER RESULTS
Tenders closed on June 6, 2006, with the following results:
1)
Dean Constmction Ltd., Saint John, NB
$62,191.00
2)
Fairville Constmction Ltd., Saint John, NB
$67,258.00
3)
F. Andrew Simpson Contracting Ltd., Saint John, NB
$77,357.00
4)
Maguire Excavating Ltd., Saint John, NB
$79,375.00
5)
Galbraith Constmction Ltd., Saint John, NB
$90,302.00
The Engineer's estimate for the work was $75,272.00
M & C 2006 - 151
June 13,2006
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 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$100,000.00 was provided in the budget and
that the projected completion cost of the project included in the Contract is estimated to be
$66,690.56 including the City's eligible HST rebate, and a $33,309.44 positive difference in
the Water & Sewerage Utility Fund Capital Program.
RECOMMENDA TION
It is recommended that Contract 2006-23: Lawrence Street - Watennain Looping, be
awarded to the low tenderer, Dean Constmction Ltd., at their tendered price of
$62,191.00 as calculated based upon estimated quantities, and further that the Mayor and
Common Clerk be authorized to execute the necessary contract documents.
Respectfully submitted,
J.M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
M & C 2006 - 173
June 15,2006
His Worship Mayor Nonn McFarlane
and Members of Common Council
y our Worship and Members of Council,
SUBJECT:
Howes Lake Landfill Closure
BACKGROUND
The former Howes Lake landfill site operated as an unlined landfill, filling in valleys between
bedrock formations, beginning in the late 1950's and ceased in 1978. When the site closed,
the waste was partially covered, but no formal closure plan was developed. In 2002, the City
and the Province of New Bmnswick engaged a consultant, GEMTEC Limited, to assess the
site and develop a long-term closure plan.
Several recommendations were made in the 2002 Howes Lake Landfill Assessment and
Classification Study regarding the steps necessary to properly close the site. Generally, the
recommendations were that sections of the site be regraded to promote n1l10ff, sections of
the site should have a low permeability cover installed, the leachate should be collected and
treated, and a long-term groundwater and surface water monitoring program be developed.
At its May 23,2006 meeting, Council inquired about the possibility of planting trees on the
section of the fonner landfill at Howes Lake that is having a low permeability cover installed.
The purpose of this report is to respond to this inquiry as well as provide an update on the
status of the overall closure process.
M & C 2006-173
June 15,2006
Page 2
ANALYSIS
Upon receiving this request, staff discussed the matter of planting trees on the low
permeability cover with the consultant GEMTEC Limited. The cover design for this site,
which is similar to the design used at the Spmce Lake Landfill, involves placing 300mm of
granular filter material over the existing material, then placing 450mm of clayey material to
create the low permeability cover, which is then topped with 200mm of topsoil and
hydroseeded. It was agreed that trees could not be planted on this cover without
compromising its integrity. The roots of the trees would grow into the clayey material,
piercing it thereby increasing it permeability and reducing its effectiveness.
As stated above, the purpose of this report was also to provide Council with an update on the
overall closure process. In 2004, Phase I of the closure process began with installing a low
permeability cover on the area south and east of the water tank (as shown on the attached
figure.) A photo of the completed section of cover and associated landscaping has also been
attached.
The second phase of the closure process is underway and involves the installation of piping to
intercept and collect the leachate for treatment at the Milledgeville Wastewater Treatment
Plant. At the time this report was written, the piping from University Avenue to the edge of
the landfill had been completed, a length of approximately 275 m, along with the associated
manholes and other related work. This represents about 25% of the total piping for Phase II
and is scheduled for completion by the end of September, 2006.
The contract for the third phase of the closure process was awarded at Council on May 23,
2006 and involves installing a section of low permeability cover in an area west of Samuel
Davis Drive, as shown on the attached figure. The work on this contract has not started but
will be completed by the end of2006.
In addition to these three constmction contracts, groundwater monitoring wells were installed
at various locations and depths around the site to assess and monitor water quality. A
methane gas monitoring program has been created for this site as well. Also, by making use
of suitable excavated material from other City contracts, the process of regrading the site to
promote n1l10ff has been started.
Staff, in consultation with provincial Department of Environment staff and the consultant
GEMTEC Limited, are working on the final stages of this closure project.
M & C 2006-173
June 15,2006
Page 3
RECOMMENDA TION
It is recommended that this report be received and filed.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
M & C 2006-173
June 15,2006
Page 4
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M & C 2006-173
June 15,2006
Page 5
Photo of area covered as pmi of Phase I in 2004
M & C 2006 - 158
June 13,2006
His Worship Mayor Nonn MCFarlane
& Members of Common Council
y our Worship and Members of Council,
SUBJECT
STUDY OF THE WESTGATE PARK SANITARY SYSTEM & LIFT STATION
AND
DESIGN AND CONSTRUCTION MANAGEMENT OF THE BUSBY STREET
SANITARY LIFT STATION
BACKGROUND
The approved 2006 Water and Sewerage Utility Fund Capital Program - Infrastmcture
Renewal Sanitary category includes funding necessary to engage engineering services to
complete the following:
. Study of the Westgate Park Sanitary System & Lift Station; and
. Design and Constmction Management of the Busby Street Sanitary Lift Station
The purpose of the Westgate Park Sanitary System & Lift Station Study is to determine
preliminary design solutions for relief of system overloading and associated problems with
the lift station.
The purpose of the Busby Street Sanitary Lift Station Project is to correct the current
situation that directs the sanitary flow from Civic #' s 146 and 148 Busby Street to the
existing storm sewer behind these properties. A sanitary lift system is proposed to be
constmcted to receive the sanitary flow from these two properties and direct the flow by
forcemain to a manhole on the existing sanitary system.
M&C2006-158
June 13,2006
Page 2
PURPOSE OF THE REPORT
The purpose of this report is to make a recommendation for consulting engineering
services for these projects.
ANALYSIS
On April 25, 2006, with a comprehensive and detailed scope of work document developed
by staff, a proposal for consulting engineering services was requested from Dillon
Consulting Limited. In response to this request, Dillon Consulting Limited submitted a
proposal on May 9, 2006. Staff was previously authorized to conduct negotiations with
this consultant for engineering services for the following projects:
. Study of the Westgate Park Sanitary System & Lift Station
. Design and Constmction Management of the Busby Street Sanitary Lift Station
A Review Committee of staff completed an analysis of the submission:
Brian Keenan, P. Eng.
Engineering Manager, Municipal Engineering
Kendall Mason, P. Eng.
Design Engineer, Municipal Engineering
Kevin Rice, C.E.T.
Operations Manager, Environmental Protection (Wastewater)
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 Dillon
Consulting Limited proposal. The upset price contained in the proposal was also evaluated
by the committee and staff then negotiated with Dillon Consulting Limited and agreed on
an acceptable fee with the Consultant for submission to Council for approval.
The submission from Dillon Consulting 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.
M&C2006-158
June 13,2006
Page 3
FINANCIAL IlVlPLICATIONS
An amount of $100,000 was provided in the 2006 Water and Sewerage Utility Fund
Capital Program for the study and design and constmction management. The proposed
cost of the work from Dillon Consulting Limited to provide the Study of Westgate Park
Sanitary System & Lift Station; and Design and Constmction Management services for
the Busby Street Sanitary Lift Station services is approximately $91,017.34 including the
City's eligible HST rebate - a difference of$8,982.66 in the Water and Sewerage Utility
Fund Capital Program.
RECOMMENDA TION
It is recommended that the proposal of Dillon Consulting Limited for engineering services
for the Study of Westgate Park Sanitary System & Lift Station and Design and
Constmction Management of the Busby Street Sanitary Lift Station be accepted and that
the Mayor and Common Clerk be authorized to execute the appropriate documentation in
that regard.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
M& C 2006 - 169
June 15,2006
His Worship Mayor Nonn McFarlane
and Members of Common Council
y our Worship and Members of Council:
SUBJECT:
Requested New Traffic Signals on Adelaide Street, Westmorland Road and Somerset
Street
BACKGROUND
Staff has received numerous requests to install traffic signals at the above locations to
facilitate pedestrian crossing of these busy streets.
ANALYSIS
Adelaide Street: As a result of a need expressed in a Town Hall meeting in the North End a
commitment was made to install pedestrian crossing signals on Adelaide Street at Newman
Street. This is a busy crossing for residents traveling to the Fairview Plaza from the North
End. It has been reported that at busy times of the day it is very difficult to get a break in
traffic or to get cars to stop to permit pedestrians to cross the street. This work is underway
and will be completed in July. This work is funded from the Capital Budget as part of the
ongoing project 2006-3 for the reconstmction of Newman Street and Victoria Street.
Westmorland Road: Staff has received several requests for a pedestrian crossing near
N orthumberland Avenue. Westmorland Road traffic has increased dramatically over the years
with the large commercial developments near McAllister Drive. Pedestrians find it very
difficult to get a long enough break in traffic to safely cross Westmorland Road. It is staff's
intention to install traffic signals at the corner of Kilburn Avenue. This location was selected
because it is a bus route and is close to the Fern Hill Cemetery entrance and to
Northumberland Avenue which is the entrance to a residential area. These will be funded
M&C 2006-169
June 15,2006
Page 2
from the 2006 Municipal Operations Operating Traffic Budget. It is planned to install these
signals this year once our material order is received.
Somerset Street: St. Pius X Church has requested pedestrian crossing signals at the church
entrance to facilitate members crossing Somerset Street to access the church from its parking
lot across Somerset Street. Staff has previously recommended that these signals not be
installed; however, at Council's request staff is considering alternatives and is meeting with
interested parties with a view to determining a "best" solution. A further report will be
provided at the next meeting of Council.
RECOMMENDA TION
It is recommended that this report be received and filed.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
M & C 2006-157
June 19,2006
His Worship Mayor Norm McFarlane
And Members of Common Council
y our Worship and Members of Council,
SUBJECT:
Millidgeville Wastewater Treatment Plant Upgrade Tour
PURPOSE:
The purpose of this report is to invite Y our Worship, Members of Council and senior
staff members to complete a tour of the upgraded Millidgeville Wastewater Treatment
Plant (WWTP) on June 21,2006 at 1:00pm.
BACKGROUND:
The 1993 Wastewater Strategy identified the necessity for an expansion of the
Millidgeville WWTP to provide additional wastewater treatment capacity from 6,280
cubic metres / day to 10,000 cubic metres / day for Saint John's North End. This
expansion allows for additional flows to be directed to the treatment plant from areas that
are currently serviced without treatment, areas that are currently unserviced and from
future developments. This project was co-funded by the CanadaINew Bn1l1swick
Infrastmcture Program. Constmction began in late 2002. The estimated cost of the
engineering design and constmction management work was approximately
$7,957,985.08. The Federal contribution was $1,666,666.67 (21%). The Provincial
contribution was $1,666,666.67 (21%). The City of Saint John's contribution was
$4,624,651.74 (58%).
M & C 2006-157
June 19,2006
Page 2
ANALYSIS:
A verbal invitation was extended to the District 8 School Board on May 19, 2006. Two
Grade 8 classes and two Grade 2 classes have accepted and will be touring the
Millidgeville WWWTP on June 21,2006 between 12:30pm and 2:30pm.
This report is being provided for the information of Council and to extend an invitation
for Your Worship, Members of Council and senior staff members to complete a tour of
the upgraded Millidgeville Wastewater Treatment Plant on June 21, 2006 at 1 :OOpm.
RECOMMENDA TION:
It is recommended that this report be received and filed.
Respectfully submitted,
J.M. Paul Groody, P .Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
M& C 2006 - 151
June 6, 2006
His Worship Mayor Nonn McFarlane
and Members of Common Council
y our Worship and Members of Council,
SUBJECT: St. Peter's Court
BACKGROUND
A letter dated April 13, 2006 was received from residents of St. Peter's Court advising that
the constmction of the extension to the street has negatively affected their properties. In
particular the concerns expressed were that an existing driveway was damaged and not
repaired and that a driveway had been constmcted between St. Peter's Court and the adjacent
apartment buildings in violation of the development approval conditions.
Two separate developments were undertaken at this location by a single developer. The first
was the constmction of two large apartment buildings fronting on Magazine Street and the
second was the extension of St. Peter's Court to constmct five dwellings. The approval for
these developments prohibited any vehicular connection between them.
ANALYSIS
In the course of constmcting the extension to
St. Peter's Court, a short section of dropped
curb was approved and installed to facilitate
snow plowing for the new homes. It appeared
to the homeowners that it was to be used as a
driveway to the apartment buildings. This was
not the case but in the interests of eliminating
any confusion, city forces recently removed
the dropped curb and installed full height curb
as shown in the photograph.
M&C 2006-
St. Peter's Court
.Tune 6, 2006
2
The developer entered into a Subdivision Agreement with the City on Febmary 15, 2005 for
the extension of St. Peter's Court. The remaining work to be done under this agreement
includes final asphalt surface coat and repair of the existing driveway that was damaged. The
landscaping of the undeveloped portion of the street right of way was recently completed
after installation of the raised curb. The City has security of $6,000 to ensure this work is
completed. This work must be complete by Febmary 15,2007, however, the developer has
advised staff that he plans to complete the work as soon as possible this constmction season.
RECOMMENDA TION
It is recommended that this report be received and filed.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
M & C - 2006-153
June 16, 2006
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Termination of Lease
Stall #4 City Market
BACKGROUND:
In October of 2005 Common Council resolved to lease Stall #4 at the City Market
to Annette and Norbert Pryhhiski who would operate a store known as
"Nougatine et Chocolat". As Council is aware, Mr. & Mrs. Pryhhiski, prior to
entering into a lease, were licensing space at the Market on Saturdays selling their
exceptional French cuisine.
The Pryhhiskis have become a favourite of Market goers in their short tenure. The
fanfare unfortunately has not created an absolute success. The tenant has had
difficulties achieving the volume of sales warranted to support the business
operations. The made-from-scratch products require significant resources, not
limited to 3 a.111. starts each business day. The Pryhhiskis also mn other food
service businesses and this placed additional strain on the already stretched family
business.
Over the past several months, it has become more apparent that the operation
would need to be reviewed. A meeting held between the City staff, the Deputy
Market Clerk, and Assistant with the tenants revealed a desire to scale back their
family business and release their space at the City Market.
While it is unfortunate that this tenancy cannot be salvaged, there is an
opportunity to close this arrangement in an amicable and organized manner
benefiting both the tenant and the City.
RepOlt to Common Council
June 16,2006
Page 2
The tenant will be able to refocus on its core business in Saint John, while the
Market secures vacancy in a prime stall location. This will provide an
opportunity to add a unique offering with increased rents reflecting the increase in
space values at the Market accmed over the past 18 months.
City staff aims to come forward with a new lease proposal for this stall within 45
days for the requested release of "Nougatine & Chocolat".
RECOMMENDATION:
That The City of Saint John agrees to accept and surrender its lease with Annette
and Norbert Pryhhiski for Stall #4 at the City Market effective June 30, 2006.
Respectfully submitted,
Jim R. Baird, MCIP
Commissioner
Planning and Development
Terrence Totten, C.A.
City Manager
BUll
M & C - 2006-155
June 16, 2006
His Worship Mayor Nonn McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT:
Construction of New Water Pipeline
Amendment to Easement Acquisition - Dexter Construction
BACKGROUND:
PreliminalY investigation work conducted by an engineering consultant indicated
there were three (3) properties that contain a pOliion of these existing pipe lines
where no legal agreement exists that would grant the City access to the propeliy to
maintain and/or replace these water lines. As a result of this information, Real Estate
Services proceeded with securing the three easements to allow the project to proceed
as planned.
At its April 1 0, 2006 meeting, Common Council adopted a resolution as
recommended by staff to acquire an easement for municipal services from Dexter
Construction containing 1,812 square metres. The purchase price for this easement
was $5.00 per square metre, resulting in a total purchase price of$9,060.00.
Since the Council resolution of April 1 Oth, the City's Legal Depaliment has
concluded there is in fact an easement over the subject property that was acquired in
1898. However, this easement is only over the southern 30 foot pOliion of the needed
65 foot easement. City Engineering has recalculated the remaining pOliion of land
necessmy for the 65-foot wide easement, resulting in approximately 1,100 square
metres ::I: still being required.
ANALYSIS:
Real Estate Services had successfully concluded negotiations with the propeliy owner
expecting to receive $9,060.00 from the City for the easement. Original
negotiations with Dexter Construction were protracted due to the grantor's indecision
whether to grant the requested easement under the terms as proposed by the City.
Subsequent discussions have occurred with Dexter Construction, explaining the error
RepOlt to Common Council
June 16,2006
Page 2
in the amount of area required for this easement and the reflected change in the
amount of compensation, based on $5.00 per square metre. However, it is the
position of the property owner that a price was agreed upon between the City and
Dexter Construction for the amount of $9,060.00, regardless of the area required for
the easement.
Dexter Construction is not prepared to accept less than was originally offered for the
easement. The reduced area required would result in an inflated price for the
easement to $8.23 per square metre compared to the original offer of $5.00 per square
metre. It could be argued that the increased per square metre price offered to Dexter
Construction is unfair, compared to the other two propeliy owners whom the City
recently acquired approvals for similar easements. However, it was not at the fault of
Dexter Construction that this increased cost per square metre has occurred but rather
the lack of information pertaining to existence of an 1898 easement.
If the original amount offered to Dexter Construction is reduced, they will not co-
operate with the City. This would jeopardize the ability of the project to move
forward. Given the circumstances and the City's desire to proceed with this project
in a timely fashion, the following recommendation is prepared.
RECOMMENDATION:
That Common Council amends its resolution contained in M&C 2005-85 by deleting
"That The City of Saint John acquire an easement for municipal services/municipal
services easement in a 1,812 square metre::l: pOliion ofPID Number 408831 from
Dexter Construction Company Limited for $5.00 per square metre plus HST if
applicable, as generally shown on the submitted sketch." and replaced with "That The
City of Saint John acquire an easement for municipal services/municipal services
easement in an 1,100 square metre::l: pOliion ofPID Number 408831 adjacent to and
north or the existing 30 foot wide easement, as generally shown on the submitted
sketch, from Dexter Construction Company Limited for $9,060.00, plus HS.T. if
applicable. "
Respectfully submitted,
Jim R. Baird, MCIP
Commissioner
Planning and Development
Terrence Totten, F.C.A.
City Manager
RepOlt to Common Council
June 16,2006
Page 3
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Description of Plan: Acquisition of a Municipal Services Easement for Pipeline
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Date: April 6, 2006
RepOlt to Common Council
June 16,2006
Page 4
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REQUESTED PROPERTY
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PROPERTY ACQU ISITI ON
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1 REVlSED P~1'l eny II~d8~:E (~m . Ll"HVI4-A
June 14,2006
y our Worship and Councillors:
SUBJECT: Land for Public Purposes dedication
Cambridge Estates Phase II
The Planning Advisory Committee considered the attached report at its June 13,
2006 meeting.
Ms. Jennifer Peacock of Hughes Surveys and Consultants appeared before the
Committee on behalf of the owner, Barsa Ventures, in support of the application
and staff recommendation. Mr. Clayton Clark appeared before the Committee on
behalf of the First Wesleyan Church, 399 Boars Head Road, with questions
regarding the overall development plan for the Cambridge Estates Subdivision.
Mr. Clark did not express any opposition to the proposed Land for Public
Purposes dedication.
After considering the matter the Committee adopted the recommendation in the
attached report, including a recommendation to Municipal Operations and
Engineering regarding the addition of a crosswalk on Cambridge Drive linking
the proposed Land for Public Purposes dedication with the Land for Public
Purposes dedicated during Phase I of the Cambridge Estates Subdivision.
The Committee's recommendation to Council is set out below for your
convel1lence.
RECOMMENDATION:
That Common Council assent to the proposed 5,030 square metre (1.24 acre)
Land for Public Purposes dedication shown on the attached site plan for Phase II
of the Cambridge Estates Subdivision and for future phases of the development.
Respectfully submitted,
Philip Hovey
Chairman
Planning Advisory Committee
June 16,2006
Page 2
SKH
Attachments
Project No. 06-188
DATE:
TO:
FROM:
FOR:
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
PID:
Municipal Plan:
Zoning:
Proposal:
Type of Application:
JUNE 6, 2006
PLANNING ADVISORY COMMITTEE
PLANNING AND DEVELOPMENT
MEETING OF JUNE 13,2006
Sarah Herring
Planner
Hughes Surveys and Consultants Inc. for Barsa Ventures
Ltd.
Barsa Ventures Ltd.
Portion of Cambridge Estates - originally subdivided from
345 Boars Head Road
Part of 55167530
Low Density Residential
"TH" Townhouse
To dedicate land for public purposes in conjunction with the
development of Cambridge Estates Subdivision - Phase II.
Proposal of Land for Public Purposes dedication.
Dedication of Land for Public Purposes
Cambridge Estates Subdivision - Phase II
Page 2
June 6, 2006
JURISDICTION OF COMMITTEE:
The Community Planning Act authorizes the Planning Advisory Committee to give its views to
Council concerning the location of land for public purposes dedications in conjunction with the
subdivision of land.
STAFF RECOMMENDATION TO COMMITTEE:
1) That Common Council assent to the proposed 5,030 square metre (1.24 acre) Land for Public
Purposes dedication shown on the attached site plan for Phase II of the Cambridge Estates
Subdivision and for future phases of the development; and
2) That the Planning Advisory Committee recommend to Municipal Operations and Engineering
the addition of a crosswalk on Cambridge Drive linking the previous and current Land for
Public Purpose dedications.
BACKGROUND:
On September 4,2002 the Planning Advisory Committee reconunended that Conunon Council rezone
a 26.5 hectare (65 acre) parcel ofland at 345 Boars Head Road from "R-IB" One Family Residential,
"R-2" One and Two Family Residential and "RS-2" One and Two Family Suburban Residential to "R-
2" One and Two Family Residential and "TH" Townhouse. The Planning Advisory Committee also
recommended the development of Phase I of the Cambridge Estates Subdivision, creating 10 serviced
residential lots, on a portion of that lot, including the necessary public streets, services, and easements
and recommended the acceptance of cash-in-lieu of a Land for Public Purposes dedication for the first
phase of the subdivision.
Common Council resolved to adopt the Planning Advisory Committee's recommendations regarding
the rezoning and subdivision of345 Boars Head Road on September 16,2002.
On November 21, 2003 The Planning Advisory Committee recommended that Common Council
rezone three parcels ofland having a total of9. 6 hectares (23. 7 acres) between Boars Head Road and
Woodward Avenue from "RS-2" One and Two Family Suburban Residential to "R-2" One and Two
Family Residential. In conjunction with the rezoning the Planning Advisory Conunittee recommended
the proposed expansion of Cambridge Estates, creating 90 serviced residential lots, including the
required public streets, services and easements. The Committee also recommended a Land for Public
Purposes dedication of approximately 1.32 hectares (3.26 acres) for both the requested Future
Development Area and for the previously approved Phase 1 area.
Dedication of Land for Public Purposes
Cambridge Estates Subdivision - Phase II
Page 3
June 6, 2006
Common Council resolved to adopt the Planning Advisory Committee's recommendations regarding
the rezoning and expansion of Cambridge Estates Subdivision on December 8, 2003.
On May 16, 2006 The Planning Advisory Committee recommended that Common Council rezone a
12 hectare (29.7 acre) parcel ofland south of Boars Head Road and west ofMillidge Avenue from
"R-2" One and Two Family Residential to "TH" Townhouse and "RM-2" High Rise Multiple
Residential and make the necessary amendments to the Municipal Development Plan and the
Millidgeville Secondary Plan to reflect the change in density and use of the land. The Conunittee also
recommended the development of the proposed high density residential area subject to a Section 39
agreement restricting the density of development, the height of buildings and the requirement for
detailed plans to be approved by Common Council.
Common Council resolved to adopt the Planning Advisory Committee's recommendations regarding
the rezoning and Plan amendments on June 5, 2006.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objections to this Land for Public Purposes
dedication.
Building and Technical Services has no concerns with this application.
Leisure Services has been notified of this application. Leisure Services previously provided the
following comments in regards to the Land for Public Purposes dedication proposed in 2003 - we feel
we have sufficient recreational opportunities in the immediate area and request cash-in-lieu.
ANALYSIS:
The subject Land for Public Purposes dedication is being proposed in conjunction with the
development of Phase II of the Cambridge Estates Subdivision located south of Boars Head Road in
Millidgeville. This Phase involves the subdivision and development of 19 lots on the fi.lture Grantham
Street, with 7 of the lots being developed for one and two-family dwellings and the remainder being
developed as townhouse units.
The land proposed for dedication is situated south of Cambridge Drive and the fi.lture Leeds Crescent
in the Cambridge Estates Subdivision. The subject area is steeply sloped and currently contains a
mature forest with some rock outcroppings. As shown on the attached site plan, the land for public
purposes is proposed in conjunction with the development of an 8,710 square metre (2.15 acre)
parcel for townhouses and single-family dwellings on the fi.lture Grantham Road.
Dedication of Land for Public Purposes
Cambridge Estates Subdivision - Phase II
Page 4
June 6, 2006
The Subdivision By-law requires as a condition of subdivision approval that land for public purposes
equal to six percent of the proposed subdivision area be set aside. The proposed 5,030 square metre
(1.24 acre) dedication represents approximately 36.6 percent of the proposed development area,
exceeding the land for public purposes dedication required. Should this dedication be accepted, the
surplus will be credited to future phases of the subdivision.
Due to the presence of steep slopes, the proposed Land for Public Purposes is likely not suitable for
active recreational uses; however, it could provide a continuation of a linear trail system considered
for the area. Given the significant City land retained along the Saint John River in the neighbouring
Cedar Point Estates Subdivision and the parcel of Land for Public Purposes dedicated during the first
phase of Cambridge Estates Subdivision, a linear trail system mnning through all three areas would
provide a significant recreational opportunity for local residents. The treed slope will also provide a
buffer between the lower-density areas at the bottom of the slope and the proposed high-density
condominium/apartment complex at the top of the slope.
As the Land for Public Purposes dedication proposed meets the objectives of the Millidgeville
Secondary Plan by preserving the steeply sloped escarpment in its natural forested state and as it may
provide further connectivity for possible walking trails in the area, acceptance of the Land for Public
Purposes dedication can be supported. The addition of a crosswalk on Cambridge Drive linking the
previous and current Land for Public Purpose dedications may help to increase the connectivity and
pedestrian use of these areas and should be recommended to Municipal Operations and Engineering.
SKH
Project No. 06-188
PLANNING AND DEVELOPMENT/UR.BANISME ET DEVELOPPEMENT
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SAINT JOHN
BOARD OF POLICE
COMMISSIONERS
PO Box 1971"
Saint John, New Brunswick
Canada E2L 4Ll
Bureau des Commlssaire/J au
Service de Police de Saint John
C.P.1971
Saint John Nouveau-Brunswick
Cl11II.u/a E2L 4Ll
RAYMOND T. FRENCH
Chair/President
ANDREW BRIITON
CommissionerlVice President
WES COSMAN
Secretary/Secretaire
IVAN COURT
Commissioner! Commissaire
CHARLENE HAYES,
Commissioner/ Commissaire
NORMAN McFARLANE.
Commissioner/Camm issaire
SARAH wn..SON
&ecutive Secretary I
Secretaire Administrative
Telephone/I'elephone:
(506) 674-4142
FaxlI'elecopieur:
(506) 648-3304
E-maiIlCourriel:
sarah. wilson@Sainijohn.ca
~
SAlNTJOHN
Explore our pasrl
Explorez IWtre pas.se
DiscCNer your future!
Decouvrezvotre avenir
May 3, 2006
His Worship Mayor Norman McFarL e
And Members of Common Council
Your W orsbip and Councillors:
I wish to report that as at December 1, 2005) the Saint JobnPolice Force
2005 Operating Budget was under e ended by $22,210, an equivalent of
0.13% of the $16,969, 816 approved by Common Council. In accordance
with Section 7(3) of the Police Act, e Commission approved this report
at its meeting on May 2, 2006. I am leased to provide, herewith, a copy
that report for the information of Co on Council.
Your worship and councillors may t e note of the principles applied by
senior staff in the administration of . s budget to realize this favourable
year-end result. On behalf of the C mmission, I am making a formal
request for an opportunity to presen this year-end financial report at a
public session meeting of Common Olll1cil so that councillors and
citizens of Saint John will benefit:fr m hearing this information first
hand.
Respectfully submitted,
A/b
Raymond T. French
Chair
10J0
REPORT TO SAINT JOHN
OF POLICE COMMISSIO
PUBLIC SESSION
May 2, 2006
Raymond French, Chairman and
Members of the Board of Police Conunission
Chairman French and Members
SUBJECT
2005 Operating Budget - December Financial R suIts
BACKGROUND
Accountability; Value for Money and Supporting ur People have been the key success
factors for the Saint J olm Police Force to deliver a alanced budget during the past two
years.
The management team and all the members of the rganization have proven that
Accountability is the foundation of good manage eut. In doing so, staff must
demonstrate the needs and the best interest of the c rnmunity are considered when
spending taxpayer;sdollars, Tbis is accomplished y getting results, reporting clearly and
by standing up and taking responsibility for spend' g decisions and actions.
The second area to focus on is Value for Money. here is nothing that erodes public.
confidence in a police force or another municipal ovenunent department more than the
perception that managers are too loose with the pu se strings. Stewardship is a sacred trust
and police programs and services must be effectiv , efficient; and should make a
meaningful contribution to the public good.
The last key area relates to managing.and Suppor' g the members of the Force. It is very
easy to forget about the human dimension of stew dship when the primary focus is on
accountability and reporting. The best way to be fi cally responsible, deliver a high quality
service, provide effective management is to ensur that we have the right people in place,
supported by the right tools and working enviro ents.
Raymond French, Chairman and
Members of the Board of Police Commission
May 2, 2006
Page 2
Subject: 2005 Operating Budget - December YTD Financi I Results
The pUIpose of this report is to provide the Board th a December 31, 2005 year~end
update on the financial position of the Saint John P ice Force's Operating Budget.
FINANCLALPOSITIONffiESULTS
F or the period ended as. at December 31, 2005, the aint J obn Police Force was under
budget by $22,210, which is equivalent to 0.13% 0 the annual operating budget of
$16,969,816.
)> Explanation of the Over Budget Varianc
There were five key items that contributed to the $ 2,210 favorable variance for the 2005
fiscal year.
1. Salaries and Wages were under budget by $207800.
2. Fringe Benefits we're under by $16,244.
3. Good and Services were below budget by $95, 25.
4. Overtime costs exceeded budget by $180,460.
5. Costs for Other Personnel and Court Time wer over budget by $116,399.
ANALYSIS
The attached Variance Analysis Report explains y variance of +/- $5,000 from Budget
to Actual results for a specific reporting period. In addition, there is a commentary section
of the report that identifies and provides an expl tion of significant variances from the
budgeted amounts. .
2005 Bud.get - Variance Analysis
The following addresses major variances (actual) ompared to the December 2005 YTD
Budget.
SALARIES AND WAGES
Loca161 Salaries were under budget by $207,800. This particular budget saving was
attributed to six vacancies that occurred througho the year and were not filled until
October 24, 2005.
Raymond French, Chairman and
Members of the Board of Police Commission
May 2, 2006
Page 3
Subject: 2005 Operating Budget - December YTD Financi Results
OVERTIME
Local 61
The overtime costs for Loca161 personnel for all fo divisions was $423,209, which
represented an over budget amount of $179,372. e savings in Salaries allowed the Force
to incur additional overtime costs when introducing e Summer Relief program. that put
four additional resources on the street. The progr was geared toward Thursday-
Saturday night shifts and it was in operation from J e-September 2005. This new
initiative was a huge success as it allowed the Man er in the Patrol Division to direct
resources to specific hot spots or troubled segments of the City that may not have received
the necessary police presence in the past.
OTHER PERSONNEL COSTS COURT TIME
Patrol Division
The court time incurred by the Patrol Division was 187,443 compared to a budget of
$88,000. This $99,443 over budget amount relates 0 overtime that covers off
approximately 110 members in the uniform section
Criminal Investigation Divisions
The actual court time figures for the ern police pe sonnel were $27,478 and this exceeded
the established budget of$10,000 by $17,478.
Other Key Budget Areas:
GENERAL SERVICES
This expense category is under budget by $33,735.
The Telephone budget account was under budget $32,517 and this is the result of the
timing and payment of the December charges. Th Employer Training budget account was
under budget by $22,387 and this relates specifical y to courses offered by the employer.
The account for the Employee Initiated Training as under budget by $11,215. The
variance in this account can change from year to y ar based on the timing of training
courses selected and completed by Local 61 perso e1.
Raymond French, Chairman and
Members o/the Board o/Police Commission
May 2, 2006
Page 4
Subject: 2005 Operating Budget - December YTD Financi I Results
PURCHASED GOODS
This category was tmder budget by $55,396 and thi covers off forty one (41) different
accounts. The most substantial savings was for $36, 05 in the Criminal Investigation
Division's hnprest Fund and Special Operations ac aunts..
INTERNAL SERVICES
This expense category was over budget by ($30,66 ) and it includes expenses charged by
. Corporate Services for vehicle maintenance, fuel, d facility maintenance.
The increase in the internal charges were made up f an under budget amount of $18,941
for Fleet maintenance and the over expenditure of 44,245 for Fleet fuel which results
from the significant increase in fuel prices for 2005
ASSET PURCHASES
The costs for all assets purchases were under budg t by $52,704.
The largest expense item in this category is the pur hase ofvehic1es. The total costs for
the purchase, outfitting of cars, and other equipme twas $312,910 and this account was
under budget by $17,090. Careful planning and th prudent purchasing of all assets
permitted management to acquire two new police otorcycles in 2005 and these units will
be fully operational by mid-2006.
The remaining $35,614 covers off fourteen budget accounts and the other significant area
of savings was for Furniture and Computers-Capi accounts for $21,821 and $14,546
respectively.
INPUT FROM OTHER SOURCES
The financial data used for this report was extracte from the financial information that
was generated and provided from the HTE financi reporting system by City of Saint Jo1m
finance staff.
Raymond French, Chairman and
Members of the Board a/Police Commission
May 2, 2006
Page 5
Subject: 2005 Operating Budget - December YTD Financi I Results
CONCLUSION
The final tally of the actual expenses of $16,947,60 for 2005 was $22,210 below target of
the Saint John Police Force approved budget of$16 969,816.
More importantly, as indicated in the table below, e Force has been able to deliver a
balance budget during the past twn years with a bu et envelope of $33,178,756.
Such excellent financial results are a good example of the highlevel of stewardship and
professionalism demonstrated by all the senior m gers of the Force. The number one
goal is to always provide a value-added service to e citizens of Saint J obn while
continuously monitoring and maintaining operatin costs to stay within the annual budget
approved by Common Council.
RECOl\1MENnATION
· It is recommended that the Board accept a d approve this Financial Report for
the period ended as at December 31,2005 nd forward a copy to Common
Council as required under Section 7 (3) of t e New Brunswick Police Act.
Enclosed reports and documents:
· Budget Variance Analysis.,... December 31,2 OS
· Consolidated Statement of Operations - Co parative Report 2005 vs. 2004
· Detailed Statement of Operations
Raymond French, Chainnan and
Members of the Board of Police Commission
. May 2, 2006
Page 6
Subject: 2005 Operating B~dget - December YTD Financi 1 Results
Respectfully submitted,
.~~
~ E. Corscadden, CGA
DIRECTOR HR & FINANCE
~
'Brian C. Filhnore .
DEPUTY CHIEF OF POLICE
44) dcn:l~
Allen G. Bodechon
CHIEF OF POLICE
Saint John Police Force
Consolidated Statement of Operations
For the Period Ended December 31, 2005
~--, .-" .o"';v.:<F-> :'~'n7 ....-.[>- 'l'\ -;: -. - re' ",,- ~--=--.,,,,~('J , - ,vj;'-; ~7-, ~'(~;,
t\,,"p.:.. t,'" !;,,~-,,~.~~t.:- I.,,-:-(~J~.l_l(;) /~~~I..:::1 ' _.'_:~ \'7.:~L.' ~ :-/:~)I.~lL"~~" lf~~Jl : C'li~K':.C~=t-
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riance
Salaries & Wages 11.023,656 10,819,364 204,292 10,704,983 10,674,445 30,538
Overtime 258,837 435,789 (176,952) 258,837 283,530 (24,693)
CXherPe~onneICo&s 131,800 248,199 ( 116,399) 129,300 222,978 (93,678)
Fringe Benefits 2,384415 2,368,171 16.244 2222,611 2,209,303 13,308
Total Wages & Fringe Benefits 13,798,708 13,871,523 (72,815) 13,315,731 13,390,256 (74,525)
General Services 612.500 578,765 33,735 607,344 564,003 43,341
Insurance 112,300. 137,247 (24,947) 105,300 113,753 (8,453)
Professional Services 240,148 252,000 (11,852) 225,728 302,051 (76,323)
Other Purchased Services ~ 08,500 102,997 5.503 67,700 111 ,927 (44,227)
Repairs & Maintenance 47,000 30,738 16,262 47,000 32,206 14,794
Rentals 464,300 458.951 5,349 474,620 462,724 11 ,896
Purchased Goods 477,960 422,564 55,396 419,460 383,367 36,093
Govemment Services (prav & Fed) 13,000 14,309 ( 1,309) 12,000 14,626 (2,626)
Intemal Charges 645,200 675,868 (30,66B) 483,857 468,070 15,787
Other Expenses 5,149 (5,149) 0 .7,103 (7,103)
Asset Purchases 450,200 397 496 52,704 450,200 387,882 62,318
Total Goods & Servi ces 3,171,108 3,076,083 95,025 2,893,209 2,847,712 45,497
$ 16,969,816 $ 16,947,606 $ 22,210 $ 16,208,940 $ 16,237,968 $ (29,028)
0.13% -0.18%
SAINT JOHN pOLle E FORCE
BUDGET VARIANCE ANALYSIS
For the Period Ended Dee ember 31, 2005
Budget
Expenses
Variance
$ 16,969,816 $ 16,947,606 $ 22,210
Current Variance is:
Timina Actual
$
22,010
Details of Actual variance: (Comment on Actual va iances over/under $5,000)
Expense Cateaorv
Variance Explanation of Variance
Salaries & Wages
$204,292 . Non-Union wages has a favorable
variance of $16k.
· Salaries-486 is under budget by $38k
and there is an offset in Salaries-Temp
for ($37k).
· Local 61 Salaries are under budget by
$198k. This cost saving was attributed
to six vacancies that occurred throughout
the year and were not filled until October
24, 2005.
· The increase in Salaries-Temp for ($37k)
has a corresponding offset of $38k for
Salaries-486.
Overtime
($176,952) . Overtime for Local 61 members
exceeded budget by ($179k).
- Patrol Division accounted for ($125k)
- CID was over by ($29k).
Other Personnel Costs
($116,399) . Court-Time: Overtime relating to court
appearances for Patrol ($99k) and CID
($17k) members contributed this over
budget item.
Fringe Benefits
$16,244 . Benefits are calculated at 21% and are
based on all wages and other earnings.
,
Saint John Police Force - December 2005 Budget Variance Analysis
Expense Category Variance Explanation of Variance
General Services $33,735 . Telephone: This account is under
budget by $30k.
. Employer Training: The cost for training
offered by the employer was under
budget by $22k.
. Other Training: Expenses for the
Employee Initiated Training program
were over budget by $11k and this
relates more to the timing of courses and
when they are completed by Local 61
members.
Insurance ($241947) . Vehicle Insurance: The 2005 premium
cost for insurance (vehicles/facilities)
coverage exceeded the annual budget of
$100k by $21k. The deductible account
for claims is over budget by $4k.
Professional Services ($11,852) . Legal: This account is over by $9k.
. Police Act Investigations ($26k) - This
specific account is use to record
unbudgeted expenses that may occur in
the year that relates to any type of a
Police Act Investigation.
Other Purchased Services $5,503 . Cleaners ($9k): This over budget
amount is the additional cost to provide
regular cleaning at the satellite stations
and community police offices.
Repairs and Maintenance $16,262 . Computer Maintenance. The annual
costs associated with vendor
maintenance agreements on software
and hardware was under by $18k.
Rentals $5,349 . Vehicle Rentals (elD): $7k . The cost
for renting unmarked vehicles for Street
Crime Unit was under budget.
2
PIC:
A BY-LAW TO AMEND A BY -LAW
RESPECTING THE STOPPING UP
AND CLOSING OF HIGHWAYS IN
THE CITY OF SAINT JOHN
NIC:
ARRETE MODIFIANT L' ARRETE
SUR L'INTERRUPTION DE LA
CIRCULATION ET LA FERMETURE
DES ROUTES DANS THE CITY OF
SAINT JOHN
Be it enacted by the Common Lars d'une reunion du conseil
Council of The City of Saint John as communal, The City of Saint John a
follows: decrete ce qui suit:
1 A by-law of The City of Saint John
entitled, "A By-law Respecting The
Stopping Up and Closing of Highways In
The City of Saint John", enacted on the
twenty-first day of September, A.D. 1970,
is hereby amended by adding thereto
Section 190 immediately after Section 179
thereof, as follows:
1 Par les presentes, I' arrete de The
City of Saint John intitule, <<L'arrete sur
I'interruption de la circulation et la
fermeture des routes dans The city of Saint
John >>, decrete Ie 21 septembre 1970, est
modifie par I'ajout de I'article 190
immediatement apres Particle 179, comme
suit:
190 The City of Saint John does hereby 190 Par les presentes, The City of Saint
stop up and close permanently the John barre et ferme de fa'Yon permanente la
following portion of highway: portion d'une route suivante :
WESTMORLAND AND SAINT
CATHERINE STREETS AND HAYS
AVENUE :ALL those certain streets or
portions thereof at "Tisdale Place" so-
called in the City of Saint John in the
County of Saint John and Province of New
Brunswick, and shown on the "Plan of
Tisdale Place Situate at St. (sic) John,
N.D." filed in the Saint John County
Registry Office on January 22, 1921, as
File 13#37 and more particularly described
as:
(1)
Hays Ave. - a sixty-six (66') foot (1)
wide street beginning on the
easterly sideline of Red Head Road
now Dayside Drive and extending
eastwardly for its entire length.
(2)
All that portion of Westmorland (2)
Road now Westmorland Street a
sixty-six (66') foot wide street
lying within the boundaries of the
lands assigned PID 00322180 by
Service New Brunswick.
(3 )
All that portion of Saint Catherine (3)
Street a one hundred (100') foot
widc street lying within the
boundaries of lands assigned PlD
00322180 by Service New
Brunswick.
RUES WESTMORLAND ET SAINT
CATHERINE ET A VENUR HA YS :
TOUTES lesdites rues au parties de ces
rues de Ja << place Tisdale >> (com me it est
convenu de I'appeler) dans The City of
Saint John, dans le comte de Saint John et
la province du Nouveau-Brunswick,
figurant sur Ie plan d'arpentage <<Plan of
Tisdale Place Situate at St. (sic) John,
N.B. >> (plan de la place Tisdale situee a
Saint John, au Nouveau-Brunswick), date
du 22 janvier 1921 et depose sous Ie
document numero 13 et Ie plan numero 37,
et plus particuliere decrit comme suit:
A venue Hays - rue d'une largeur
de 20, I metres commen'Yant Ii la
limite laterale est du chemin Red
Head, maintenant appele
promenade Bayside, et s'etendant
vers ['est sur toute sa longueur.
Toute la partie du chemin
Westmorland, maintenant appele
rue Westmorland, Ii savoir une rue
d'une largeur de 20, I metres situee
dans les limites des terrains
auxquels Services Nouveau-
Brunswick a attribue Ie NID
00322180.
Toute la partie de 1a rue Saint
Catherine, Ii savoir une rue d'une
largeur de 30,5 metres situee dans
les limites des terrains auxquels
Services Nouveau-Brunswick a
attribue Ie NID 00322180.
IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John
Saint John has caused the Corporate a fait apposer son sceau communal sur Ie
Common Seal of the said City to be affixed present arrete Ie * 2006, avec les
to this by-law the * day of *, A.D. 2006 signatures suivantes
and signed by:
Mayor/Maire
Common Clerk/Greffier communal
First Reading
Second Reading -
Third Reading -
Premiere lecture
Deuxieme lecture -
Troisieme lecture -
STREET CLOSING
TISDALE PLACE
WESTMORLAND AND SAINT CATHERINE STREETS AND HAYS A VENUE
Public Notice is hereby given that the Common Council of The City of Saint John intends
to consider amending "A By-law Respecting The Stopping Up and Closing of Highways
In The City of Saint John" at its regular meeting to be held on Monday, June 19, 2006t
at 7:00 p.m. in Common Council's Chambers, to stop up and close the following
portions of highway:
WESTMORLAND AND SAINT CATHERINE STREETS AND HAYS AVENUE:
ALL those certain streets or portions thereof at "Tisdale Place" so-called in the City of
Saint John in the County of Saint John and Province of New Brunswick, and shown on
the "Plan of Tisdale Place Situate at St. (sic) John, N.B." filed in the Saint John County
Registry Office on January 22, 1921, as File 13#37 and more particularly described as:
(1) Hays Ave. - a sixty-six (66') foot wide street beginning on the easterly sideline of
Red Head Road now Bayside Drive and extending eastwardly for its entire length.
(2) All that portion ofWestmorland Road now Westmorland Street a sixty-six (66')
foot wide street lying within the boundaries of the lands assigned PID 00322180
by Service New Brunswick.
(3) All that portion of Saint Catherine Street a one hundred (100') foot wide street
lying within the boundaries of lands assigned PID 00322180 by Service New
Brunswick.
The proposed amendment and plan of the above described portions of highway may be
inspected by any interested person at the Office of the Common Clerk, City Hall, 15
Market Square, Saint John, N.B. between the hours of8:30 a.m. and 4:30 p.m. Monday to
Friday inclusive, holidays excepted.
Written objections to the proposed amendment may be sent to the undersigned at City
Hall.
FERMETURE DE RUES
PLACE TISDALE
RUES WESTMORLAND ET SAINT CATHERINE ET A VENUR HAYS
Par les presentes, un avis public est donne par lequelle conseil communal de The City of
Saint John envisagera un projet de modification de l'arrete (< A By.law Respecting The
Stopping Up and Closing of Highways In The City of Saint John >>, it l'occasion de sa
reunion ordinaire du Iundi 19 juin 2006 it. 19 h dans les locaux du conseil communal,
visant la fermeture et Ie barrage des parties de route suivantes :
RUES WESTMORLAND ET SAINT CATHERINE ET A VENUR HAYS:
TOUTES lesdites rues ou parties de ces rues de la {< place Tisdale >> (comme il est
convenu de l'appeler) dans The City of Saint John, dans Ie comte de Saint John et la
province du Nouveau.Brunswick, figurant sur Ie plan d'arpentage {{ Plan of Tisdale Place
Situate at 81. (sic) John, N.B. >>(plan de la place Tisdale situee it Saint John, au
Nouveau-Brunswick), date du 22 janvier 1921 et depose sous Ie document numero 13 et
Ie plan numero 37, et plus particuliere decrit comme suit:
(l) A venue Hays - rue d'une largeur de 20, I metres commenyant it la limite laterale
est du chemin Red Head, maintenant appete promenade Bayside, et s'etendant
vers l'est sur toute sa longueur.
(2) Toute'!a partie du chemin Westmorland, maintenant appele rue Westmorland, Ii
savoir une rue d'une largeur de 20,1 metres situee dans les !imites des terrains
auxquels Services Nouveau-Brunswick a attribue Ie NID 00322180.
(3) Toute la partie de la rue Saint Catherine, it savoir une rue d'une largeur de
30,5 metres situee dans les limites des terrains auxquels Services
Nouveau-Brunswick a attribue Ie NID 00322180.
Les personnes interessees peuvent examiner Ie projet de modification et Ie plan
d'amenagement des parties de rue decrites ci-dessus au bureau du greffier communal, qui
se trouve a l'h6tel de ville situe au 15, Market Square, Saint John (N.-B.), entre 8 h 30 et
16 h 30, du lundi au vendredi, a l'exclusion des jours feries.
Les objections ecrites concernant ce projet de modification peuvent etre envoyees a
}'h6tel de ville Ii l'attention du soussigne.
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 1100801 4422010
Department: Common Clerk's Office (Account # 71206)
Contact: J. Patrick Woods
Phone: (506) 658-2862 I Fax: (506) 674-4214
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJT J= Saint John Telegraph Journal)
.. SJTJ City Information Ad
Date(s): Tuesday, June 6, 2006
Tuesday, June 13,2006
.. SJTJ Independent Placement
.. SJT J Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
o General Notice D Tender D Proposal
I!I Public Notice
Sub-Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658-2862
11'~
I
City Solicitor's Office
Bureau de ['avocat municipal
P.O. Box/C.P. 1971
Saint John, NB/t\.-B.
Canada E2L 4L 1
www.saintjohn.ca
The City of Sainllohn
April 6, 2006
Common Council of
The City of Saint John
Your Worship and Councillors:
Re: Bayside Middle School Site - Undeveloped Streets and Fire/Service Lanes
In April 2001, the City obtained an easement from the Province of New Brunswick
(Minister of Education) to install a 200 mm diameter watermain within the limits of the
Bayside Middle School site (PID No. 322180 "'the school site") on Bayside Drive
(drawing attached).
As part of the negotiations to obtain the easement and early entry to perform work, the
City agreed to stop-up and close all undeveloped streets within the limits of the school
site and to adopt a resolution to vest in the City all fifteen (15') foot wide "service/fire
lands" therein.
The City cited a Plan of Tisdale Place filed in the Saint John County Registry Office as
File 8#36 as the reference point in the required newspaper advertisements.
Subsequently it was determined that the Plan of Tisdale Place was reconfigured and a
second plan was filed on January 22, 1921, as File 13#37. To prevent any future
potential problem with respect to the location of the undeveloped streets and
"'service/fire lanes", it is prudent to "close" the undeveloped streets and "vest" the
"'service/fire lanes" as depicted on the Plan of Tisdale Place filed in the Saint John
County Registry Office as File 13#37.
.../2
The following wording is the text of an appropriate resolution:
"It is recommended that Common Council
1. authorize advertising of its intention to consider on the 8th day of May 2006 at
7:00 o'clock in the evening in Common Council's Chamber a by-law to stop-up
and close those portions ofWestmorland Road and Saint Catherine Street within
the boundaries ofPID #322180 and Hays Ave. in its entirety;
2. authorize the publication of a notice of its intention to move a resolution to vest
in the City of Saint John the fee simple interest in the 15 foot wide lanes
commonly referred to as "fire lanes" shown on the plan of Tisdale Place being
within the boundaries of PID #322180 subject to any easements over the same
expressly granted or otherwise acquired by adjoining owners;
3. in the event that the by-law is enacted and the resolution adopted, the City
convey its interest in the former street(s) or portions thereof and former '"fire
lanes" to Her Majesty the Queen in Right of the Province of New Brunswick as
represented by the Minister of Education; and
4, that the Mayor and Common Clerk sign the documents evidencing conveyance:'
Respectfully submitted,
,
.\.1
\.-. !
John L. Nugent,
city Solicitor.
-.. J
/ / L (L 1/
L l l.j/
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This map is a graphical representation of property boundaries which approximates the size, configuratl
survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area.
Lat.: 45-17-14.33N Long.: 66-02-23.62W Scale: 3210
X: 2536098.031
1 Property found
PID OQ322J60
Owner
N.B.Education
L
PAN
5715498
City Solicitor's Office
Bureau de l'avDcat municipal
P.O. Box/C.P. 1971
Saint John, NB/N.-B.
Canada E2L 4L1
\v\\!w.saintjohn.ca
~.IS
May 5, 2006
The City of Saint John
Common Council of
The City of Saint John
Your Worship and Councillors:
Re: Rescheduling of Street Closing Hearing
Bayside Middle School Site
Common Council at its Open Session meeting of April 10, 2006 authorized the
commencement of the street closing process for a number of undeveloped
streets lying within the Bayside Middle School site. The date set for Council's
considering the matter was May 8, 2006. The necessary publication of notice
has not occurred and consequently, the hearing must be rescheduled. The
following is the text of the appropriate resolution in that regard which I
recommend Council adopt:
RESOL YED that the Common Council resolution of April 10, 2006
authorizing, inter alia, publication of notice of Council's intention to
consider at its meeting of May 8, 2006 the stopping up and closing of
the portions of Westmorland Road and Saint Catherine Street lying
within the boundaries ofPID #322180 and Hays Avenue in its entirety,
is hereby amended by deleting the words" '" the 8th day of May, 2006
...." and substituting therefor the words" ... the 19th day of June, 2006
"
Respectfully Submitted,
/1 / j
, L f\j( 1/W {.' [7
JOlmV Nugent J
City Solicitor
~PR-26-06 1 5; 55
FRO~-WHELlY & KELLY
15066m~4~
T-311 P 06/17 F-r16
Application for a Zoning By-law Amendment
Demande de modification ill'amte sur Ie zonage
Applicant Related Information I Rt"IlSrignemeats sur Ie demandeur
Name of Applicant: / Nom du Q("'I"l:ll!'ldeur -::;; '1c-1 --z:x,..-vLOf'
.
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Amendment Requuted I Modification demandie
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Present lolling I Zonage actuel
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BY-LAW NUMBER c.p.no-
ALA W 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:
ARRET.E NO C.P. 110-
ARRETE MODIFlANT 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:
The Zoning By-law of The City of L'arrete sur Ie zonage de The City
Saint John enacted on the nineteenth day of of Saint John, decrete Ie dix-neuf (19)
December, A.D. 2005, is amended by: decembre 2005, est modifie 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 890 square metres, located
at 308 Lowell Street, also identified as
being PID No, 00383059, from "R-2" One
and Two Family Residential to "RM-I"
Three Storey Multiple Residential.
- all as shown on the plan attached hereto
and fonning 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. 2006
and signed by:
1 La modification de l'annexe <<A>>,
Plan de zonage de The City of Saint John,
permettant de modifier la designation d'une
parcelle de terrain d'une superficie
d'environ 890 metres carnls, situee au 308,
rue Lowell, et portant Ie NID 00383059, de
zone residentielle habitations
unifamiliales et bifamiliales (<R-2>) a zone
d'edifices a logements multiples de trois
etages (< RM-I >>.
- toutes les modifications sont indiquees sur
Ie plan ci-joint et font partie du present
arrete.
EN For DE QUor, The City of Saint John
a fait apposer son sceau communal sur Ie
present arrete Ie 2006,
avec les signatures suivantes :
Mayor/Maire
Common Clerk/Greffier communal
First Reading
Second Reading -
Third Reading -
Premiere lecture
Deuxieme lecture
Troisieme lecture
PROPOSED ZONING BY-LAW
AMENDMENT
RE: 308 LOWELL STREET
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, June 19, 2006 at
7:00 p.m., by:
Rezoning a parcel of land located at 308 Lowell
Street, having an area of approximately 890 square
metres, also identified as being PID No. 00383059,
trom "R-2" One and Two Family Residential to
uRMwl" Three Storey Multiple Residential.
PROJET DE MODIFICATION DE
L' ARRETE SUR LE ZONAGE
RELATIF AU 308, RUE LOWELL
Avis public est donne, par la presente, que Ie
conseil communal de The City of Saint John a
l'intention d'etudier la modification suivante de
l'arret6 sur Ie zonage de The City of Saint John, au
cours de la seance ordinaire du conseil prevue Ie
lundi 19 juin 2006 a 19 h dans la sale du consiel:
Ie rezonage d'une parcelle de terrain situee
au 308, rue Lowell, d'une superficie approximative
de 890 metres carres, identifiee sous Ie
NID 00383059, afin de faire passer la classification
de zone residentielle - habitations unifamiliales
et bjfamiliales ~< R-2)) a zone d'edifices a
logements multiples de trois etages <~ RM-l )).
REASON FOR CHANGE: MOTIF DE LA MODIFICATION:
To recognize an existing six~family dwelling as a Reconnaitre I'utilisation d'un edifice a SlX
permitted use. logements existant.
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.H. between the hours of 8:30 a.m, and 4:30
p.m., Monday through Friday, inclusive, holidays
excepted.
Toute personne interessee peut examiner la
modification proposee au bureau du greffier
communal au au bureau de I'urbanisme et du
developpement it l'hOtel de ville situe au 15, Market
Square, a Saint John, au Nouveau-Brunswick, entre
8 h 30 et 16 h 30 du lundi au vendredi, sauf les
jours feries.
Written objections to the amendment may be sent Veuillez faire part de vas objections au projet de
to the undersigned at City Hall. modification par ecrit a l'attention du soussigne a
l'hOtel de ville.
J. Patrick Woods, Common Clerk
658-2862
J. Patrick Woods, Greffier communal
658-2862
PROPOSED ZONING BY -LAW AMENDMENT
RE: 308 LOWELL STREET
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, June 19, 2006 at 7:00 p.m., by:
Rezoning a parcel of land located at 308 Lowell Street, having an area of approximately 890 square
metres, also identified as being PID No. 00383059, from "R-2" One and Two Family Residential to
"RM-l" Three Storey Multiple Residential.
REASON FOR CHANGE:
To recognize an existing six-family dwelling as a permitted use.
The proposed amendment may be inspected by any interested person at the office of the Common Clerk,
or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the
hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to the undersigned at City Hall.
1. Patrick Woods, Common Clerk
658-2862
_________________.~___________~__w~__________.~_______-------------------------..-----------~----------------------------------
PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE
RELA TIF AU 308, RUE LOWELL
Avis public est donne, par la presente, que Ie conseil communal de The City of Saint John a I'intention
d'etudier la modification suivante de I'arrete sur Ie zonage de The City of Saint John, au cours de la seance
ordinaire du conseil prevue Ie Inodi 19 juin 2006 a 19 h dans la sale du consie1:
Ie rezonage d'une parcelle de terrain situee
au 308, rue Lowell, d'une superficie approximative de 890 metres cam~s, identifiee sous Ie
NID 00383059, afin de faire passer la classification de zone residentielle - habitations unifamiliales et
bifamiliales << R-2 >) a zone d'edifices a logements multiples de trois Hages (( RM-l )).
MOTIF DE LA MODIFICATION:
Reconnaitre l'utilisation d'un edifice a six logements existant.
Toute personne interessee peut examiner Ia modification proposee au bureau du greffier communal ou au
bureau de l'urbanisme et du developpement a l'h6tel de ville situe au 15, Market Square, a Saint John, au
Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du \undi au vendredi, sauflesjours feries.
Veuillez faire part de vos objections au projet de modification par ecrit a l'attention du soussigne a \'h6te\
de ville.
J. Patrick Woods, Greffier communal
658-2862
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Buc!get Number: 110 0801 4422010
Dep_artment: Common Clerk's Office (Account # 71206)
Contact: J. Patrick Woods
Phone: (506) 658-2862 I Fax: (506) 674-4214
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJT J= Saint John Telegraph Journal)
" SJT J City Information Ad
Date(s): Tuesday, May 23, 2006
Tuesday, June 13,2006
.. SJT J Independent Placement
.. SJT J Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
o General Notice 0 Tender 0 Proposal
~ Public Notice
Sub-Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658-2862
June 14,2006
y our Worship and Councillors:
SUBJECT: Rezoning
308 Lowell Street
On May 23, 2006 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its June 13, 2006 meeting.
The applicant's son, Larry Dunlop, appeared before the Committee in support of
the application and staff recommendation. There were no other presentations
made at the meeting concerning this matter, and no letters were received from
surrounding property owners. After considering the matter the Committee
adopted the recommendation in the attached report including granting the
requested variance for parking requirements.
The Committee's recommendation to Council IS set out below for your
convel1lence.
RECOMMENDATION:
That Common Council rezone the parcel of land located at 308 Lowell Street, also
identified as PID 00383059, from "R-2" One and Two Family Residential to
"RM-l" Three Storey Multiple Residential to recognize the existing use of the
property as a six-family dwelling.
Respectfully submitted,
Philip Hovey
Chairman
SKH
Attachments
Project No. 06-158
DATE:
TO:
FROM:
FOR:
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
PID:
Municipal Plan:
Zoning:
Proposal:
Type of Application:
JUNE 6, 2006
PLANNING ADVISORY COMMITTEE
PLANNING AND DEVELOPMENT
MEETING OF JUNE 13,2006
Sarah Herring
Planner
Joyce Dunlop
Lawson and Joyce Dunlop
308 Lowell Street
00383059
Low Density Residential
Existing:
Proposed:
"R-2" One and Two Family Residential
"RM-l" Three Storey Multiple Residential
To recognize an existing six-family dwelling as a permitted
use.
Rezoning and variance reducing the required minimum
number of parking spaces from eight parking spaces to six.
Joyce Dunlop
308 Lowell Street
Page 2
June 6, 2006
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 reconunendation will
be considered by Common Council at a Public Hearing on Monday, June 19, 2006.
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:
1. That Common Council rezone the parcel ofland located at 308 Lowell Street, also identified
as PID 00383059, from "R-2" One and Two Family Residential to "RM-l" Three Storey
Multiple Residential to recognize the existing use of the property as a six-family dwelling;
and
2. That the Planning Advisory Committee approve the requested variance reducing the minimum
parking requirements from eight parking spaces to six.
BACKGROUND:
The minutes of the Lancaster City Council show that first and second reading was given to a rezoning
of the subject property from Two Family to Three Storey Multiple Residential on October 2, 1963.
Council gave third reading on November 12, 1963 to the rezoning request which specifically involved
an amendment to the official Town Planning and Zoning By-law by changing the subject property
from "B" Two Family District to "D" Three Storey Multiple District.
Despite this resolution by the Lancaster City Council the official zoning map of the Town Planning
Commission remained unchanged. The six-family dwelling on the subject property was mentioned in
rezoning applications for two other properties in the immediate area, but no further information was
provided in the staff reports as to why the subject property remained zoned "R-2" One and Two
Family Residential.
The Zoning By-law has been officially adopted and registered several times since the original
application and readings, with the last adoption being in 2005, and still shows the subject property as
being zoned "R-2" One and Two Family Residential.
Joyce Dunlop
308 Lowell Street
Page 3
June 6, 2006
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objections to this re-zoning.
Building and Technical Services indicates that their office has no records of the subject property
and recommends that an inspection of the six-family dwelling be done and that, if necessary, the life-
safety aspects of the building be upgraded to meet current Building Code requirements.
Fire Department has no objection to this application.
ANALYSIS:
The subject property is located at 308 Lowell Street in the Bayshore Area of the City's West Side,
near the Lowell Street Park and the Hilton Belyea Arena. The property currently contains a six-
family brick dwelling that was constmcted in 1963 and, according to the applicant, has operated, been
assessed and taxed as such since she purchased it in 1971. It may be assumed that the property
operated and was assessed as such since its constmction, as the first rezoning application was
considered by the Lancaster Town Council on October 2, 1963.
The applicant is requesting that Common Council rezone the property from "R-2" One and Two
Family Residential to "RM-l" Three Storey Multiple Residential in order to recognize the
existing use. The purpose of the rezoning is to resolve the conflict between the actual use of the
property and the zoning of the site; no other changes to the use or the site are proposed.
The subject property is located in a single-family and two-family residential neighbourhood bordering
on an industrial area with "1-1" Light Industrial and "1-2" Heavy Industrial zoning. Two existing and
appropriately zoned three storey multiple-family dwellings are located within three blocks of the
subject property, one directly across the Lowell Street - City Line intersection. As well, an existing
and appropriately zoned four-family dwelling is located in the vicinity, near the intersection of Chapel
Street and Woodville Road.
The subject property is approximately 890 square metres (9,580 square feet) in area, with 32 metres
(105 feet) offrontage on Lowell Street and 28 metres (92 feet) offrontage on City Line. The subject
six-family dwelling contains five dwelling units which are rented as two-bedroom units and one which
is rented as a one-bedroom unit. Gravel parking areas are located to the side and rear of the building,
with one designated parking space provided for each dwelling unit.
The subject property and dwelling meet or exceed all of the minimum requirements for properties in
the "RM -1" Three Storey Multiple Residential zone except for the parking requirements. The Zarling
By-law requires 1.25 parking spaces to be provided for each dwelling unit, and the applicant has
stated that only one parking space is provided for each unit, necessitating a variance reducing the
required number from eight parking spaces to six.
Joyce Dunlop
308 Lowell Street
Page 4
June 6, 2006
As well, the subject propeliy only meets the minimum lot area required for a six-family dwelling if the
aforementioned five two-bedroom units continue to be rented as such. The applicant has noted that
each of these units contain three rooms which could be used as bedrooms, but that she does not rent
these units to be occupied as three separate bedrooms. If the use of these units were to change, the
lot area required per dwelling unit would be increased and the applicant would require a variance
reducing the minimum required lot area from 1,030 square metres (11,087 square feet) to the existing
890 square metres (9,580 square feet), a variance of approximately 140 square metres (1,507 square
feet).
The long-term and continuing use of the property as a six-family dwelling does not appear to have
created any problems thus far as no complaints regarding the property have been recorded.
Therefore, the proposed rezoning to recognize the existing use can be supported.
SKH
Project No. 06-158
PLANNlNG AND DEVELOPMENTfURBAN1SME ET DEVELOPPEMENT
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Subj.;d Site/site en question:
-
PlrJ(s}/NIP(s): 00383059
Locatior.: 308. rue Lowell Street
Date~ May 23 maL 2006
Scale/echelle: Not to scale/Pas. a \'echelle
Sent By: CITY SAINT JOHN;
6582837;
Mar-1-0612:1'PM;
Page 4/5
Application for a Zoning By-law Amendment
Oemande de modification i I'arr~te sur Ie zonage
Applicant Related Information I Renseignements sur Ie demandeur
Name of Applicant I Nom du demandeur _ '=-ueY~"EJJ:j/, '-Z v....) l ckQ.j
Mailing Address of applicam / Addresse postale du demandeuT 19 ~ >--)\..."".1 e ~ d:x-\~
~ t"t- ~;~ n6 Postal Code I Code postal -e dn'\.. ~ \
Telephone Number I Numero de telephone
Home I Domicile fS-:-rs"- ~ lQ.~
Fax Nwnber I NU:rnero de tClecopieur r\, I A
.. (eJ (C)..
Work I Tr-,wail .~:s ~ - <e~"53 l.233 ~ 1:) -q.:-\ "'S
Name of Property 0wDer (If difIOrent) I Nom du propri/Uire (.; ~.nt)
DtJ/J/?G. IIOU5tlJI? (yALL~',)
Address I Awesse . 2- :eu'(UL)+-:"''x:C)n (1t'~~
5~t-
Property Information I nselgnements sur la propriete
Postal Code I Code postal .~ \ ~
Location I Emplacement l 1- d \C....L:G
Civic # I No de vohie
-=rrr-6L--+
Street / Rue
PlD / NIP
Lot Area / Superficie du lot Street Fron~1 Fa~ sur rue
Existing Use of Property I Utilisation actoelle de la propri6tc t1(,<y! d0~CL(
Municipal PlMland Use Designation
Designation de utilization des tern=s sur Ie plan municipal
Amendment Requested I Modification demandee I
presentZOning/Zonageactuel~fl~c.LQ \\e.-2-J ON4-rWD F~MIL'i fZ..ES.
~hange Zoning to / Modllkation du zonage a ~~" IE-~- K-q:::e..;\~- lflS--1 rJ
and/or I ou ~ LlX:.A L-
o Text Amendment (indicate particulars) I Modification due lexte (irldiquez les details) BlL::>1 rJE~S
Sent By: CITY SAINT JOHN;
6582837;
Mar-1 -06 12:11PMj
Page 5/5
Development Proposal/ Proposidon d~ameD.gement
Description of Proposal I Description de la proposition
Prop:)")1n~ lrla.U\ncy-- l ~rr )Q.L;~ ~..e.Q..+ QA,'--vet tt::dl ~
Q &CX1.-cQ-P ~ r:i..Q. 2o/"I1V \~ ,-\-CJ CL QoI"I"'oI'T' eA I ~i.Q ?-O'IlV-..cr'SD
~..:r C:.04"> "€~ s-I-aJ..~ \ l sA- 0...... ~ \ t +--vll-L 'D~ ~
(J...../\~ Q 1I ~~~A-tL- ~0.\u:?-C;, CL~ LLel\ QS,. ~~Vl~)
Qi'lcl m as; ~~ ~CL-P-r LAm-rj .
* Yau must provide a scaled site plan that illustrates
your proposal. YOII may also provide
photographs. building plam.', elevation drawings
and any other form of ;njimnalion. The plan must
show the dimensions afthe property, the iaeolian
of all buildings. dt'iveways, parking areas,
larrd'fcaping and signs. It is important that the
distance between tile proJU?rty huundary and
buildings are shown.
Vou.s devezjOurnir u" plan du .'iite a l'echelle i//ustrant vom
proposiIion. Vous pouvez egalementfournir des
photographies, des plans de bdtiment, des dessins de plan
dWevation et toule autre forme de nnseignemenl. Le plan
doil indiquer les dimensions de tQ proprltte, l/emplacement de
la totalite des bdtiments, des a/lees. des aires de
stationnement. des amenagements paysagers et des pannearu:
de signalisation. 11 est imporkmt d~indiquer la distance entre
les limites de Ja propriete et ies bdtiments.
Provide reasons why these amendments should be approved. I Foumir tout autre renseignemem concernant votre proposition
qui pourrait Ctre approuvees.
-=I. \QQl \-etJ'L .~ +- LCQ) cO 'bL~" CL::~"-~+ -\e). ~e.. ~~
Glxr"\eY\(~~'\~ ~CL..~ ~ .\~ lLX:.L.lld fhU\de..--
-Q..lnr0\CY~~~ ~(vSl \oc~ ~~
Provide any other information about yoar proposal that would be helpful I Fournir tout autre renseignemc::nt concernant velte
proposition qui pourrait &re utile.
- ~Ai ueLvr)L~1 e,-\-l-.,"-h~c-L.t-c IV""'C-JUcQ...c..d,'
- (~\(C-P Ji ':;; \V~ CL.-Y\...C.( l ~~1- G--F \-:x...~ \'6--e_L~-. Cir""") IV)~C~
ct-, t\Eu~. '~cQJL ct,. c:'~ PQAklV/'1-~~;~e.it
Signature of Applicant / Signature du demandeur
Dale ~ B\ dCd...L
o $400 Application Fee Enclosed I Ci-jQiIrt les frais de demande de 400 $
~r yuu UH; "vt "(~ V",,,to/ "Itllt: lu"J ill ","''''JtJvll Si Vt.~U.' "r.!f.!.' p.J/t II! PMJ"o;Jt.w,~ .iu lo!"uifr en 4w~tl.!Jft.
pleUSf! have the owne1' sign below. The signature of veuillez ob/entr la signature du proprietaire dans la partie
the owner i.'" authorizing this application to proceed ci-dessou$. La signature du propl#!taire autorisont Ie
fol' consideration by Common Council. traiument de /a presenie demande lXJur que cette rlemiere
soit examinee par Ie conseU communal.
Signature of Owner (if applicable) ~ . /\ - ("'
Signature due proprietaire (s'il y.a lieu) . ~ ~lC%"'\e.r-
Date: ~ d-oL.:lo-
Price :
status:
$109,900
Active
MLS@ #: 053544
PID #: 00364737
Address: 172 TOWER ST
City: SAINT JOHN, E2M 1Z2
Side of Road:
Elem $chI:
Sec. School:
Lot Size: 10,800 SQ FT
Building Size: 1872
V\later Frontage:
Exposure:
District: 2
Sl.lb-Dist 210
Zoning: R-2
Possession:
OPEN
LOADS OF CHARACTER IN THIS VERY SPACIOUS 4 BEDROOM HOME, 3 BATHS. ONE IN MASTER BEDROOM. LARGE
EAT-IN OAK KITCHEN, FORMAL DINING ROOM. MAIN FLOOR LAUNDRY AND FAMILY ROOM, LARGE FOYER, PINE
FLOORS. MOST WINDOWS ARE NEWER, ROOF DONE IN 2000, KITCHEN 1999. NOTE TAXES ARE NON-OWNER
OCCUPIED. NEED 24 HR NOTICE FOR TENANT.
HAR BOUR BRIDGE TO MARKET PLACE TO TOWER ST.
OVerview
Direction s
Type;
Style:
Title to Land:
Pro perty Size:
Land Features:
Access;
Inclusions
Exclusions
Bedrooms:
Bathrooms:
Rental Income:
Building Age:
Floor
MAtN FLOOR
MAIN FLOOR
MAIN FLOOR
MAIN FLOOR
MAIN FLOOR
Single FamIly
2 storey
Freehold
Under 0.5 Acres
Cleared
Year Round Road
Access
4
2\1
POTENTIAL
OL
Room
LIVING ROOM
DINING ROOM
KITCHEN
FAMILY ROOM
LAUNDRY
Assessment: $
Mortgagee:
Mortg.Amount: $
Payment (PI): $
Seller Name: D. HOUSTON
Heamg;
Garage Type:
Vllater:
Sewer.
services:
Oil, Hot Water
Municipal
MunICipal
Electricity, Telephone,
cabfe, Bus Service, Other
Rental Equipm.: Hot Water Tank
Flooring: Carpet, CushionmleILlno,
Wood
Exterior: AlumlVinyl
Driveway: Gravel
Foundation/Basement: Concrete
Int.Features: Ensuite, Dining Room,
Famrm-Maln FI,
Hardwood FIrs, Laund-
Main FI
Deck
Tar & Gravel
Ext, Features:
Roof:
Sign: Yes UFFI: Garage: No Gar.Details:
Lockbox: pcs: Waterfront or View: Water:
Road: Municipal Survey: Yes Heat$lyr. ; 3534
SiZe Floor Room Size
16.10X13 MAIN FLOOR FOYER 14.10X9.7
13.4X11 2N D FLOOR MASTER BEDROOM 14,6X13
14X10.8 2ND FlOOR BEDROOM 13.2X11
12X11 2ND FLOOR BEDROOM 12.7X10.3
2ND FLOOR BEDROOM '3X'1.'
Taxes: $2930 (2005t
Mortg.Rate:
Due Date:
Payment (PIT): $
Improvements: YES
Sutlj.to Venf.:
Condo Fee:
Mobile/Leased Land F:
listing Office: REJMAX PROFESStoNALS SAINT JOHN INC.1119):
Home Tel.:
Bus.Tel.:
Compliments of: CHERYL TODD 506-645.1636() t.C{](\,j)! (C!l\",Sj'CO;'\) RElMAX PROFESSIONALS SAINT JOHN INC.1119) 506
634-8200
The information contained on this Iisling 10nn is from sources believed to be reliable. However, it may be incorrect. This irltorfflilltion should not be
relied upon by a buyer without pe=nal "",rifi<;ation. The brokers and agents and members of the Saint John Real Estate Board assumes no
responsibility for its accuracy.
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BY-LA W NUMBER C.P. 110-
A LAW TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
ARRETE NO C.P.110-
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
decn~te ce qui suit:
The Zoning By-law of The City of L'arrete sur Ie zonage de The City
Saint John enacted on the nineteenth day of of Saint John, decrete Ie dix-neuf (19)
December, A.D. 2005, is amended by: decembre 2005, est modifie par:
1 Amending Schedule "A", the
Zoning Map of The City of Saint John, by
rezoning a parcel of land located at 172
Tower Street, having an area of
approximately 440 square metres, also
identified as being PID No. 00364737,
from "R-2" One and Two Family
Residential to "B-1" Local Business
classification.
- all as shown on the plan attached hereto
and forming part ofthis by-law.
rN 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, 2006
and signed by:
1 La modification de l'annexe <<Al),
Plan de zonage de The City of Saint John,
Ie rezonage d'une parcelle de terrain situee
au 172, rue Tower, d'une superficie
approximative de 440 metres carres et
portant Ie NID 00364737, afin de faire
passer la classification de zone
residentielle - habitations unifamiliales et
bifamiliales << R-2>> a zone commerciale
locale<< B-1 )),
- toutes les modifications sont indiquees sur
Ie 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 Ie
present arrete Ie 2006,
avec les signatures su i vantes :
MayorlMaire
Common Clerk/Greffier communal
First Reading
Second Reading-
Third Reading -
Premiere lecture
Deuxieme lecture
Troisieme lecture
PROPOSED ZONING BY-LAW
AMENDMENT
RE~ 172 TOWER STREET
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, June 19, 2006 at
7:00 p.m., by:
Rezoning a parcel of land located at 172 Tower
Street, having an area of approximately 440 square
metres, also identified as being PID No. 00364737,
from "R-2~' One and Two Family Residential to
"B-1" Local Business.
PROJET DE MODIFICATION DE VARRErE
SUR LE ZONAGE
OBJET : 172~ RUE TOWER
Avis public est donne, par la presente, que Ie
conseil communal de The City of Saint John a
l'intention d'etudier la modification suivante de
rarret6 sur Ie zonage de The City of Saint John, au
cours de la seance ordinaire du conseiJ prevue Ie
lundi 19 juin 2006 it 19 h dans la sale du consiel ;
En modifiant le rezonage cl'une parcelle de terrain
situee au 172, rue Tower, d'une superficie
approximative de 440 metres cam~s et portant Ie
NID 00364737, afin de faire passer la classification
de zone residentieUe - habitations unifarniliales
et bifamiliales<< R-2}> a zone commerciale locale
<( B-1 }>.
REASON FOR CHANGE: RAISON DE LA MODIFICATION:
To convert a dwelling into a commercial aesthetic Transformer un logement en un centre de sante
day spa, esthetique commercial de jour.
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.
Toute personne interessee peut examiner la
modification proposee au bureau du greffier
communal au au bureau de I'urbanisme et du
developpement a l'hOtel de ville situe au 15, Market
Square, a Saint John, au Nouveau-Brunswick, entre
8 h 30 et 16 h 30 du lundi au vendredi, sauf les
jours feries.
Written objections to the amendment may be sent Veuillez faire part de vos objections au projet de
to the undersigned at City Hall. modification par ecrit it l'attention du soussigne ii
I'hotel de ville.
J. Patrick Woods, Common Clerk
658-2862
J. Patrick Woods, greffier communal
658-2862
PROPOSED ZONING BY -LAW AMENDMENT
RE: 172 TOWER STREET
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, June 19,2006 at 7:00 p.m., by:
Rezoning a parcel of land located at 172 Tower Street, having an area of approximately 440 square
metres, also identified as being PID No. 00364737, from "R-2n One and Two Family Residential to
"B-1" Local Business.
REASON FOR CHANGE:
To convert a dwelling into a commercial aesthetic day spa.
The proposed amendment may be inspected by any interested person at the office of the Common Clerk,
or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the
hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted.
Written objections to the amendment may be sent to the undersigned at City Hall.
J. Patrick Woods, Common Clerk
658-2862
-------------------------------------------------------------------------------------------------------------------
PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE
OBJET: 172, RUE TOWER
Avis public est donne, par la presente, que Ie conseil communal de The City of Saint John a l'intention
d'etudier la modification suivante de l'arrete sur Ie zonage de The City of Saint John, au cours de la seance
ordinaire du conseil prevue le lundi 19 juiu 2006 Ii 19 h dans la sale du consiel
En modifiant Ie rezonage d'une parcelle de terrain situee au 172, rue Tower, d'une superficie
approximative de 440 metres carres et portant Ie NID 00364737, afin de faire passer la classification de
zone residentielle - habitations unifamiliales et bifamiliales (< R-2)) it zone commerciale
locale (( B-1 )).
RAISON DE LA MODIFICATION:
Transformer un logement en un centre de sante esthetique commercial de jour.
Toute personne interessee peut examiner la modification proposee au bureau du greffier communal ou au
bureau de l'urbanisme et du developpement a I'hotel de ville situe au 15, Market Square, a Saint John, au
Nouveau-Brunswick, entre 8 h 30 et 16 h 30 du lundi au vendredi, sauflesjours feries.
Veuillez faire part de vas objections au projet de modification par ecrit a l'attention du soussigne a I'hotel
de ville.
J. Patrick Woods, greffier communal
658-2862
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 1100801 4422010
Department: Common Clerk's Office (Account # 71206)
Contact: J. Patrick Woods
Phone: (506) 658-2862 I Fax: (506) 674-4214
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
.. SJTJ City Information Ad
Datc(s): Tuesday, May 23, 2006
Tuesday, June 13,2006
.. SJT J Independent Placement
.. SJT J Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
o General Notice D Tender D Proposal
iii Public Notice
Sub-Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: 1. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658-2862
June 16, 2006
y our Worship and Councillors:
SUBJECT: Rezoning
172 Tower Street
On May 23,2006 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its May 13, 2006 meeting.
The applicant, Ms. Deborah Zwicker, appeared before the Committee in support
of the application. Ms. Zwicker explained the nature and operation of the
proposed day spa, and indicated that she had secured three additional parking
spaces from Mr. Jeffrey Kennedy (Club 147 Incorporated), owner of the
commercial property at 166 Tower Street. The applicant also addressed the
concerns raised in the staff report, and suggested that there would not be sufficient
traffic to adversely affect the residential character of the neighbourhood.
There were no other presentations made at the meeting regarding this application,
and no letters were received from surrounding property owners. After taking a
short recess the Committee resolved to recommend the requested rezoning, which
is set-out below for your convenience.
The Committee also granted the requested parking variance, on the condition that
the proponent secure at least three parking spaces for the proposed day spa from
the property owner of 166 Tower Street, in addition to the four spaces that can be
properly developed on the subject property.
RECOMMENDATION:
That Common Council rezone a parcel of land located at 172 Tower Street,
having an area of approximately 440 square metres, also identified as being PID
No. 00364737, from "R-2" One and Two Family Residential to "B-1" Local
Business.
Respectfully submitted,
Philip Hovey
Chairman
MRO
DATE:
TO:
FROM:
FOR:
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
PID:
Municipal Plan:
Zoning:
Proposal:
Type of Application:
JUNE 9, 2006
PLANNING ADVISORY COMMITTEE
PLANNING AND DEVELOPMENT
MEETING OF JUNE 13,2006
Mark O'Hearn
Planning Officer
Deborah Zwicker
Tyler Zwicker
172 Tower Street
00364737
Low Density Residential
Existing:
"R-2" One and Two Family Residential
Proposed:
"B-1" Local Business
To convert a dwelling into a commercial aesthetics day spa.
Rezoning and Variance that would reduce the number of
required off-street parking spaces from seven (7) to four
(4).
La Bella E Vita Aesthetics & Day Spa
1 72 Tower Street
Page 2
June 9, 2006
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, June 19, 2006.
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:
That this application be denied
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no concerns with regards to the proposed rezoning
application.
Building and Technical Services has advised that the applicant should contact the Building
Inspector's office to discuss issues such as fire separation, exiting and spatial separation with
regards to the necessary renovations required for this proposed business.
Fire Department has no objection to this application, provided that the renovations are designed
and constmcted in accordance with the National Building and Fire Codes (?fCanada. Should the
proposal be approved, the applicant is requested to contact the Fire Prevention Division for site
review of the proposed work before, during and after renovations. The submitted drawings by
the applicant do not allow for a proper assessment with respect to these matters.
ANALYSIS:
Subiect Property and Nei2hbourhood
The subject property is situated on the east side of Tower Street in West Saint John (see attached
location map). The property has an approximate frontage of 15 metres (50 feet) and a depth of
30 metres (100 feet). A two-storey residential building is situated on the property. A driveway is
located along the south side of the building.
La Bella E Vita Aesthetics & Day Spa
1 72 Tower Street
Page 3
June 9, 2006
The immediate neighbourhood (along Tower Street) is primarily comprised of two-storey one and
two-family dwellings. In the general area are some multiple residential properties, such as a four-
family building immediately behind the subject property at 169-171 Saint George Street, and
another four-family residence at 258 Tower Street.
There are also some non-residential properties in this area of West Saint John. A large
commercial building is situated at the intersection of Tower Street and Ludlow Street (166 Tower
Street). This building was constmcted many years ago for the offices of several trade unions.
However, several other commercial activities have occurred over the years from this building,
including a second-hand store (1998) and a licensed billiard hall (2000) considered as conditional
uses by the Planning Advisory Committee.
There are also several other non-residential land uses in the larger area. A Royal Canadian Legion
is situated at the intersection of Ludlow Street and St. John Street (290 Ludlow Street), and a
consignment store is located at 155 St. John Street. More recently, Common Council rezoned a
property situated at the intersection of Charlotte Street West and Watson Street (251 Watson
Street) to "B-1" Local Business in order to allow for the establishment and operation of a day
spa having a floor area of 160 square metres (1,725 square feet) with a total offive (5)
employees.
Proposal and Reauired Parkin!! Variance
The proponent, who recently purchased the subject property, is seeking permission to rezone the
property from "R-2" One and Two Family Residential to "B-1" Local Business, with the
intention of converting the existing dwelling into a commercial aesthetics day spa.
The proponent has provided the following information regarding this proposed business:
. Four (4) full-time aestheticians and one (1) full-time registered massage therapist would be
involved in spa.
. Hours of operation would be as follows - Sundays (closed), Mondays (by appointment
only), Tuesdays & Fridays (9:00 a.m. until 5:00 p.m.), Wednesdays & Thursdays (9:00
a.m. until 7:00 p.m.), and Saturdays (9:00 a.m. until 3:00 p.m.).
. Both levels of the dwelling would be utilized by the proposed spa (please see submitted
.f7oorplans).
. The rear yard would be re-graded and developed into a parking area for the business.
Under the "B-1" zone a personal service shop (day spa) is permitted. The Zoning By-law
requires a minimum of seven (7) off-street parking spaces. However, the backyard could only
La Bella E Vita Aesthetics & Day Spa
1 72 Tower Street
Page 4
June 9, 2006
properly provide for four (4) off-street parking spaces. Therefore, the applicant would also
require the approval of a variance to reduce the number of required off-street parking spaces.
Some of these spaces would be found by using street parking adjacent to the property.
Municioal Develooment Plan and Rezonilll:!
The Municipal Development Plan has designated the area as Low Density Residential. This Plan
designation supports the development of one and two-family dwellings and low-rise apartment
buildings.
The subject property, as well as the properties along this portion of Tower Street, is zoned
"R-2" One and Two Family Residential, and have been developed with mostly one-family
dwellings with some two-family homes.
With the exception of several long-existing non-conforming uses, such as the Carleton Union
Lodge at 266 Charlotte Street West, and the continued commercial use of several long-existing
commercial buildings such as the former trade union offices at 166 Tower Street, the general area
has remained primarily residential. The only exception, as previously mentioned earlier in this
report, was the recent spot rezoning for a day spa at 251 Watson Street in 2003. Though staff did
not support this rezoning, it could be argued that this other day spa proposal is more in keeping
with the residential nature of the area, since only a portion of the large residential building was
proposed for the business, unlike this application that seeks the complete reuse of the entire home
for the day spa. However, both involve the same number of employees.
Planned Commercial Development
The Municipal Plan promotes commercial development in the Neighbourhood Centres along
King Street West and at Titon's Corner. Larger commercial District Centres that serve the entire
West Saint John area are situated at the Lancaster Mall and Main Street locations.
Notwithstanding these commercial designations, the Plan does allow for certain commercial
activities within residential neighbourhoods, provided they either directly serve the local
population, such as in the case of a small convenience store, or can be properly integrated into a
neighbourhood without affecting its residential character.
N on-Compatibility of Proposed Day Spa
Under the existing residential zoning, if the applicant resided in the dwelling, the Zoning By-law
would permit the operation of a much smaller day spa as a home occupation. Specifically, under
the Home Occupation standards up to 47 square metres (506 square feet) offloor space could be
involved in the business with a maximum of three (3) employees (resident plus two others). And
La Bella E Vita Aesthetics & Day Spa
1 72 Tower Street
Page 5
June 9, 2006
due to these limitations, only two (2) off-street parking spaces would be required. This type of
limited operation can and typically does fit most residential areas.
In contrast, the applicant is seeking permission to establish a commercial day spa that would use
the entire dwelling with a total floor area of approximately 204 square metres (2,200 square feet).
This proposed business requires a minimum of seven (7) off-street parking spaces, but only four
(4) parking spaces can be properly developed in the backyard, which would result in a substantial
loss of the existing amenity space and also require re-grading of the area. The adjacent dwelling
at 182 Tower Street would be immediately adjacent to the commercial driveway, and there is
insufficient setback to protect this building from the anticipated business traffic.
It is also conceivable that there could be as many as four (4) customers at anyone time. This
would result in a total of ten (9) people present at the day spa, not including customers leaving or
arriving early for their appointments. There is significant concern regarding the potential traffic
that could be generated by the day spa, which would likely adversely affect the character of the
surrounding residential neighbourhood, especially given the close proximity of the surrounding
homes. While customers could use on-street parking spaces, which would probably be more
readily available during the daytime, there might be issues especially on Saturdays and evenings.
The proposed parking area is considered inadequate to accommodate the expected parking needs
of this business. Increased on-street parking is very likely to result along Tower Street in front of
other residential properties, detracting from the character of the area, as well as limiting the
availability of on-street parking for local residents.
The applicant could consider obtaining additional off-street parking from the landowner of the
nearby commercial property at 166 Tower Street, as this property has a large paved parking lot,
however the issues regarding the commercial parking lot and driveway would still remain, and
such an off-site parking arrangement spilling over into the neighbourhood would not be
appropriate for a residential area, and be likely undesirable for customers (especially in the winter
months) in any event.
In light of the anticipated increase in traffic, and the inadequacies of the intended on-site parking
area, the request to rezone the subject property cannot be recommended. Moreover, the rezoning
of the existing dwelling for a commercial business has no merit from a planning perspective,
would be inconsistent with the Plan policies for the development of this area of the community,
and likely adversely affect the enjoyment of immediately surrounding property owners. A more
suitable location for this business would be within an existing commercial area. The subject site is
a typical residential property with no unique characteristics that suggest that it is able to
accommodate this business.
La Bella E Vita Aesthetics & Day Spa
1 72 Tower Street
Page 6
June 9, 2006
CONCLUSION:
The applicant is seeking permission to rezone the subject property in order to establish and
operate a commercial day spa. The proposed parking area to be developed in the backyard is
considered inadequate for this proposed business. Furthermore, the anticipated traffic generated
by a commercial day spa would likely adversely affect the surrounding residential neighbourhood.
The proposed rezoning is not suppOlied by the Municipal Plan, and in light of the concerns raised
in this report, approval of the requested rezoning unfortunately cannot be supported.
MRO
Project No. 06-172
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
""-.
"
Subject Site/site en question:
PID(s)/NIP(s):
00364737
Location: 172, rue Tower 51.
Date: May/mai 18, 2006
Scale/echelle: Not to scale/Pas a I'echelle
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Sent 8y: CITY SAINT JOHNj
6562837j
Mar-2-06 2:21PM;
Page 4/5
\ D " Application for a Municipal Plan and Zoning By-law Amendment
Demande de modification au plan municipal et a ('arrete sur Ie ionage
Applicant Related Information I Renseignements sur ie demaodeur
Name ef AppL~.nIINem du dem.ndeur fi /' / ';z..,;;I n /t ~df'" At an I ;t;L
Mailing Address ofappHcant I Addresse l'ostale du dernandeur ~ (J. ~~ 1.7-. ?f;
)d./~I hAf1 //Lf1 Postal CodelCodepostaJ L~.?-. ~6 7
./
Telephone Number I Num~ro de telephone
Homel Domicile
Work I Travail
~cJ6 -6:1'/.-5'" 7/7
Fax Number I Numero de telecopieur )7)6' -6'19" ...- ;l )..16
Name of Property Owner (ifdifferent) I Nom du proprietaire(sL different) ,/If If 5),~/ '.e 0 ~/e./l
Address I Adresse -:1/0 #~d~t7rju,/ AJJ ~/'nl_)d/JJA/,1
Postal Code I Code postal:
Property Information I Renseignements sur la propriete
Location I Emplacement :i/ cJ 1Pe>IM(/r kJ IJ~Sd/HI ;;,~ j/,,8
Civic #- I No de voirie Street I Rue
Lot Area! Superncie du lot (t"J- i /)' 9/'/ fl- Street Frontage f Fa.9ade sur rue
7 .
Existing Use of Property I Utilisation actuelle de la propricte AS' /~p'Jh~ /
- r
OtJl,lO/,?O
:J5" I G() I(}~
PID INlP
/1;2-) f~
/
P,e..ot Me,'dp.1 P'an La,d U.. Deoign"'en / - A 4 11 ,/ &. /
Designation aettlel de utilization des terres sur Ie plan municipal ~/?' ~ /l <{<,;: lJ, '5>dt!J1 a.
Present Zoning I Zonage actud. ~ ;2-
,
A mendmenb Requested I Modifications demaudees
Municipal Plan I Plan munidpal -4 I j
'ii Change Land Use Designation to I Modifier la designation de I'utilisation des terres a. e4/ d 11d.. ~.t1jJ:e.
and/or I ou
o Text Amendment (indicate particulars on attachment) I Modification du texte (indiquez; les details en annexe)
Zty1ing By-law} Arrete sur Ie Zonage
~ Change Zoning to I Modification du zonage a
andlor I ou
Text Amendment (indicate particulars on attachment) I Modification due texte (indiquez les details en annexc)
t'~ II
r{?
~j2[~'-~dt:~
o
Sent By: CITY SAINT JOHN;
6582837;
Mar-2-06 2:21PM;
Page 5/5
Development Proposal' Propo~litjon dtameoogement
Description of Proposal f Description de la proposition
d //1~
~"AU/t!!-/' ~"fr..e 17/
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~tI
b~dt)(J()
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,a:.o/ ro x
7
f1~~/ 0/ d.-?d'
r ~
You must provide a scaled sile plan Ihal ii/ustrales
your proposal, You may also provide
photographs. building plans, elevation drUllt'ings
and any Olher form of information. The site plan
must show the dimensions of the property, the
location oj all buildings, driveways. parking areas,
landscaping and signs. II is important thai the
distance between the property boundary and
buildings are shown,
You.~ devezfoumir un plan du site a /'ech611e illustranl vofre
proposWon. Vow pauver r!galementfournir des
photographies, des plans drJ Mamell(, des dessins de plan
t:N/evaticn et toute autreforme de renseignement. Le plan du
site doit indiquer res dimensions de /a propriete,
i'emplacement de la tolaWe des batiments, des allees, des
aires de slationneme:nt, de.v amenagements paysagers et des
panneaux de signalisation. 11 (!.SJ importanl d'indiquer la
distance entre les limite5 de la propriite el ies Mtiments.
Provide reasons why these amendments should be approved. 1 Fournir les raisons pour les queUes les modifications devraient
etre approuvees.
5f:.:::r~:~~:~"#h~tI? 'I
AJ/dit11'" r~~/:/ 4/dJ
./ /
Provide any other information about your proposal that would be helpful. I Fournir tout autre renseignement concernant votre
proposition qui pourrait etre utile,
Si~naturc of Applicant I Signature <lu demllndeur
Date
~
/%~4 "';2(JrJ/
o $400 Application Fec Enclosed I Ci-joint les frais de demande de 400 $
JjYOll are not the owner of the kmd in question
please have the owner sign below. The signature of
the owner authorizing this appliccrlion to proceed is
required/or cO/'lside,.ation by Common Council.
Signature ofQwner (if applicable)
Signature du proprictaire (s'i1 y a lieu) _"
SlllO~S n'etes pas Ie proprie(a;re du terrain en question,
veui/Jez ohlenir Ja signature du propridtaire dans ia partie
ci-de/iSous. La ;;ignatuI"e du propriefaire auIorisanl ie
fra/lemell! de la presente demallde est requi.se pour que
certe derniere salt examinee par Ie comeil communal.
Date
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.:--:r "/i//7~i" '-J.I/~ ~_~~,,::::;-...'" . f.1,~'II"''', .".} /::1 /' ..//" .~
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OIl' Blu~\wick Square
luite I',!!!!
PO.SllX 1m
\nlllt JDhn, New Brulllwifk
121.4HH
Tel 506 632-8900
Fox 506 632 -8809
loll free I 888 W9-lI46
VfflW. pJtlerlo n pol nw (J
. PATTERSON P~
March 3, 2006
Raymond F. Glennie, Q.C.
Direct: (506) 633-2713
E-mail: rglennie@pattersonpalmer.ca
James Baird
Commissioner of Planning and Development
Cit6 of Saint John
1 at Floor City Hall
Saint John NB
Dear Mr. Baird:
RE: Application to Amend Municipal Plan and Zoning By-Law
Horizon Management Limited - PID's 320150 and 551601 OS (the "Properties)
You have received an application from Horizon Management Ltd. to amend the Municipal Plan and
Zoning By-law of the City of Saint John. Not all of the properties that are involved in this
application are in the name of Horizon Management Ltd.
Horizon Management Ltd. through one of its affiliated companies has entered into an agreement
with Mrs, Sophie O'Brien, the owner of the Properties. The agreement states that Mrs. O'Brien
authorizes Horizon ta make application on behalf of Mrs. 0' Brien to the City of Saint John "far the
purpose of requesting amendments to the municipal plan (if required) and the zaning by-law so that
the Property may be used for the purpose planned. . ."
If you have any questions, please do not hesitate to call.
Yours truly,
PATTERSON PALMER
/~~
Raymond F. Glennie, Q.c.
RFG/mhm
NOVA SCOTIA, NEW BRUNSWICK' NEWFOUNDLAND AND LABRADOR' PRINCE EDW!i.RD ISLAND
PROPOSED MUNICIPAL PLAN
AMENDMENT
RE: 310 WESTMORLAND 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 redesignate on
Schedule 2-A of the Plan, from Low Density
Residential to Regional Centre, the following
property:
A parcel of land with an area of approximately
7640 square metres (1.9 acres), located at 310
Westmorland Road, also identified as being PID
Numbers 00320 l50 and 55160105.
A public presentation of the proposed amendment
will take place at a regular meeting of Common
Council on Monday, March 27, 2006 in the
Council Chamber, Lobby Level, City Hall.
REASON FOR CHANGE:
To permit rezoning of the land from "RS-2" One
and Two Family Suburban Residential to "SC"
Shopping Centre.
Written objections to the proposed amendment may
be made to the Council, in care of the undersigned,
by April 26, 2006, Enquiries may be made at the
office of the Common Clerk or Planning and
Development, City Hall, l5 Market Square, Saint
John, N.B, between the hours of8:30 a.m. and 4:30
p.m., Monday through Friday, inclusive, holidays
excepted,
J. Patrick Woods, Common Clerk
658-2862
PRQJET DE MODIFICATION DU PLAN
MUNICIPAL
OBJET: 310, CHEMIN WESTMORLAND
A vis public est donne, par la presente, que Ie
conseil communal de The City of Saint John a
l'intention d'etudier Ia modification du plan
d'amenagement municipal afin de faire passer la
designation du lot suivant dans l'annexe 2-A du
plan de zone residentielle de Jaible densite a zone
de centre regional:
une parcelle de terrain d'une superficie d'environ
7640 metres caITI~s (1,9 acres), situee au 310,
chemin Westmorland, et pottant les NID 00320150
et 55160105,
Une presentation publique du projet de
modification aura lieu lors de la reunion ordinaire
du conseil communal Ie lundi 27 mars 2006 dans
la salle du conseil, au niveau du hall d1entree, a
l'h6tel de ville,
RAISON DE LA MODIFICATION:
Permettre Ie rezonage du terrain afin de faire passer
la designation s'y rapportant de zone residentielle
de banlieue - habitations unifamiliales et
bifamiliales (~ RS-2 }) a zone de centre commercial
<< SC )).
Veuillez faire part au conseil par ecrit de vas
objections au projet de modification au plus tard Ie
26 fevrier 2006 a l'attention du soussigne, Pour
toute demande de renseignements, veuillez
communiquer avec Ie bureau du greffier communal
au Ie bureau de l'urbanisme et du developpement a
llhOtel de ville au 15, Market Square, Saint John,
N.-B., entre 8 h 30 ct 16 h 30 du lundi au vendredi,
sauf les jours feries,
J. Patrick Woods, Greffier communal
658 2862
PROPOSED MUNICIPAL PLAN AMENDMENT
RE: 310 WESTMORLAND 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 redesignate on Schedule 2-A of the Plan,
from Low Density Residential to Regional Centre, the following property:
A parcel of land with an area of approximately 7640 square metres (1.9 acres), located at 310
Westmorland Road, also identified as being PID Numbers 00320150 and 55160 1 05,
A public presentation of the proposed amendment will take place at a regular meeting of Common
Council on Monday, March 27, 2006 in the Council Chamber, Lobby Level, City Hall.
REASON FOR CHANGE:
To permit rezoning of the land from "RS-2" One and Two Family Suburban Residential to "SC"
Shopping Centre
Written objections to the proposed amendment may be made to the Council, in care of the undersigned,
by April 26, 2006, 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.
J. Patrick Woods, Common Clerk
658-2862
------------------------------------------------------------------
PROJET DE MODIFICATION DU PLAN MUNICIPAL
OBJET: 310, CHEMIN WESTMORLAND
Avis public est donne, par la presente, que Ie conseil communal de The City of Saint John a l'intention
d'etudier la modification du plan d'amenagement municipal afin de faire passer la designation du lot
suivant dans I'annexe 2-A du plan de zone risidentielle defaible densite a zone de centre regional:
une parcelle de terrain d'une superficie d'environ 7640 metres carn~s (1,9 acres), situee au 310, chemin
Westmorland, et portant les NID 00320150 et 55160105,
Une presentation publique du projet de modification aura lieu lors de la reunion ordinaire du conseil
communal Ie lundi 27 mars 2006 dans la salle du conseil, au niveau du hall d'entree, a l'h6tel de ville.
RAISON DE LA MODIFICATION:
Pennettre Ie rezonage du terrain afin de faire passer la designation s'y rapportant de zone residentielle de
banlieue - habitations unifamiliales et bifamiliales << RS-2 >> a zone de centre commercial (< SC >>.
Veuillez faire part au conseil par ecrit de vos objections au projet de modification au plus tard Ie 26
fcvrier 2006 a I'attention du soussigne, Pour toute demande de renseignements, veuillez communiquer
avec Ie bureau du greffier communal ou Ie bureau de l'urbanisme et du developpement a I'h6tel de ville au
15, Market Square, Saint John, N.-B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries,
J. Patrick Woods, Greffier communal
658 2862
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Bud~et Number: 11008014422010
Department: Common Clerk's Office (Account # 71206)
Contact: J. Patrick Woods
Phone: (506) 658-2862 I 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, March 14,2006
" SJT J Independent Placement
,. SJT J Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
D General Notice D Tender 0 Proposal
iii Public Notice
Sub-Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact: Telephone: (506) 658-2862
PROPOSED MUNICIPAL PLAN AND
ZONING BY-LAW AMENDMENTS
RE: 310 WESTMORLAND ROAD
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, June 19,2006 at 7:00 p.m.,
by:
1. Redesignating on Schedule 2A of the Municipal
Development Plan, from Low Density Residential
to Regional Centre, a parcel of land with an area of
approximately 7640 square metres (1.9 acres),
located at 310 Westmorland Road, also identified
as being PID numbers 00320150 and 55160105.
2. Rezoning the same parcel of land from "RS-2"
One and Two Family Suburban Residential to
"SC" Shopping Centre.
REASON FOR CHANGE:
To develop the property in conjunction with the
adjacent proposed shopping centre development.
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,
PROJETS DE MODIFICATION DU PLAN
MUNICIPAL ET DE L'ARRETE SUR LE
ZONAGE
OBJET: 310, CHEMIN WESTMORLAND
Par les presentes, un avis public est donne par
lequel Ie conseil communal de The City of Saint
John indique son intention de modifier Ie plan
d'amenagement municipal et l'arrete sur Ie zonage
de The City of Saint John, lors de la reunion
ordinaire qui se tiendra dans la salle du conseil Ie
lundi 19 juin 2006 a 19 h, en apportant les
modifications suivantes :
1. Modification du zonage, a l'annexe 2A du plan
d'amenagement municipal, d'une parcelle de terrain
d'une superficie d'environ 7 640 metres carres
(1,9 acres), situee au 3 10, chemin Westmorland et
portant les NID 00320150 et 55160105, pour la
faire passer de zone residentielle de faible densiM a
zone de centre rigiona/e.
2. Modification du zonage de la parcelle de terrain
precitee pour la faire passer de zone residentielle
de banlieue - habitations unifamiliales et
bifamiliales << RS-2 >> a zone de centre
commercial <( SC )/,
RAISON DE LA MODIFICATION;
Pour developper la propriete conjointement avec Ie
projet d'amenagement du centre commercial
adjacent.
Toute personne interessee peut examiner les
modifications proposees au bureau du greffier
communal ou au bureau de l'urbanisme et du
d6veloppement Ii I'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 feries.
Written objections to the amendments may be sent Veuillez faire part de vas objections aux projets de
to the undersigned at City Hall. modification proposes par ecrit a l'attention du
soussigne a l'h6tel de ville,
J. Patrick Woods, Common Clerk
658-2862
J. Patrick Woods, greffier communal
658-2862
PROPOSED MUNICIPAL PLAN AND ZONING BY-LAW AMENDMENTS
RE: 310 WESTMORLAND ROAD
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, June 19,2006 at 7:00 p.m., by:
1, Redesignating on Schedule 2A of the Municipal Development Plan, from Low Density Residential to
Regional Centre, a parcel of land with an area of approximately 7640 square metres (1.9 acres), located at
310 Westmorland Road, also identified as being PID numbers 00320150 and 55160]05.
2. Rezoning the same parcel of land from .'RS-r' One and Two Family Suburban Residential to "SC"
Shopping Centre.
REASON FOR CHANGE;
To develop the property in conjunction with the adjacent proposed shopping centre development.
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.H. 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.
J. Patrick Woods, Common Clerk
658-2862
------------------------------------------------------------------
PROJETS DE MODIFICATION DU PLAN MUNICIPAL ET DE L'ARRETE SUR LE ZONAGE
OBJET: 310, CHEMIN WESTMORLAND
Par les presentes, un avis public est donne par lequel Ie conseil communal de The City of Saint John
indique son intention de modifier Ie plan d'amenagement municipal et I'arrete sur Ie zonage de The City of
Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du consei] Ie lnndi 19 juin 2006 a
19 h, en apportant les modifications suivantes :
1, Modification du zonage, 11 Pannexe 2A du plan d'amenagernent municipal, d'une parceIle de terrain
d'une superficie d'environ 7640 metres carn~s (1,9 acres), situee au 310, chemin Westmorland et portant
les NID 00320150 et 55160105, pour la faire passer de zone residentielle defaible densiti a zone de
centre regionale,
2. Modification du zonage de la parcelle de terrain precitee pour la faire passer de zone residentieUe de
banlieue - habitations unifamiliales et bifamiJiales <( RS-2 }) a zone de centre commercial (< SC }).
RAISON DE LA MODIFICATION:
Pour developper la propriete conjointement avec Ie projet d'amenagement du centre commercial adjacent.
Toute personne interessee peut examiner les modifications proposees au bureau du greffier communal au
au bureau de l'urbanisme et du developpement it I'hotel de ville au 15, Market Square, Saint John, N.-B"
entre 8 h 30 et 16 h 30 du lundi au vendredi, sauflesjours feries.
Veuillez faire part de vos objections aux projets de modification proposes par ecrit Ii l'attention du
soussigne Ii l'hOte1 de ville.
J, Patrick Woods, greffier communal
658-2862
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint Jobn use only:
Bud2et Number: 1100801 4422010
Department: Common Clerk's Office (Account # 71206)
Contact: J. Patrick Woods
Phone: (506) 658-2862 I Fax: (506) 674-4214
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJT J= Saint John Telegraph Journal)
.. SJT J City Information Ad
Date(s): Tuesday, May 23, 2006
Tuesday, June 13,2006
.. SJT J Independent Placement
.. SIT J Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
D General Notice D Tender D Proposal
I!I Public Notice
Sub-Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658-2862
BY -LAW NUMBER C.P. IDS-_
A LAW TO AMEND THE
MUNICIPAL PLAN BY-LAW
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
ARREnt NO C.P.I05-_
ARRETE MODIFIANT L' ARRETE
RELATlF AU PLAN MUNICIPAL
Lors d'une reunion du conseil
communal, The City of Saint John a edicte
ce qui suit:
The Municipal Plan By-law of The L'arrete relatif au plan municipal de
City of Saint John enacted on the 3rd day The City of Saint John decrete Ie
of January, A.D, 2006 is amended by: 3 janvier 2006 est modifie par:
1 Amending Schedule 2-A, the
Future Land Use Plan, by redesignating a
parcel of land with an area of
approximately 7640 square metres (1.9
acres), located at 310 Westmorland Road,
also identified as being PID Numbers
00320150 and 55160]05, from Low
Density Residential to Regional Centre
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. 2006
and signed by:
1 la modification de l'annexe 2-A,
relative au plan d'utilisation future des
terres, afin de faire passer la designation
d'une parcelle de terrain d'une superficie
d'environ 7640 metres caITI!s (1,9 acres),
situee au 310, chemin Westmorland, et
portant les NID 00320150 et 55160105, de
zone residentielle de faible densite it zone
de centre regional;
- tOlltes les modifications sont indiquees sur
Ie 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 Ie
present arrete Ie 2006, avec les
signatures suivantes :
Mayor/Maire
Common Clerk/Greffier communal
First Reading
Second Reading -
Third Reading -
Premiere lecture
Deuxieme lecture
Troisieme lecture
BY-LAW NUMBER C.P. 110-
A LAW TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
ARRETE NO C.P. 110-
ARRETE MODIFIANT L' ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
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
follows: decrete ce qui suit:
The Zoning By-law of The City of L'arrete sur ]e zonage de The City
Saint John enacted on the nineteenth day of of Saint John, decrete Ie dix-neuf (19)
December, A.D. 2005, is amended by: decembre 2005, est modifie par:
1 Amending Schedule "A", the
Zoning Map of The City of Saint John, by
re-zoning a parcel of land located at 3 10
Westrnorland Road, having an area of
approximately 7640 square metres (1,9
acres), also identified as being PID No,
00320]50 and 55160105, from "RS-2" One
and Two Family Suburban Residential to
"SC" Shopping Centre 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. 2006
and signed by:
1 La modification de l'annexe ((A",
Plan de zonage de The City of Saint John,
permettant de modifier la designation d'une
parcelle de terrain situee au 310, chemin
Westmorland, d'une superficie
approximative de 7 640 metres carres (1,9
acres), et portant les NID 00320150 et
55160105, de zone residentielle de banlieue
- habitations unifamiliales et bifamiliales
<<RS-21) it zone de centre commercial
(( SC)),
- toutes les modifications sont indiquees sur
Ie 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 Ie
present arrete Ie 2006,
avec les signatures suivantes :
Mayor/ Maire
Common Clerk/Greffier communal
First Reading
Second Reading -
Third Reading -
Premiere lecture
Deuxieme lecture
Troisieme lecture
P.O, Box/C.P. 1971
Saint John, NBIN.-B.
Canada E2L 4L1
www.saintjohn.ca
The City of Saint John
May 8,2006
His Worship Mayor Norm McFarlane
And Councillors
Your Worship and Councillors
SUBJECT: Proposed Municipal Plan Amendment - 310 Westmorland Road
A Public Presentation was made on March 27,2006 of a proposed amendment to the
Municipal Development Plan which would re-designate on Schedule 2-A of the Plan from
Low Density Residential to Regional Centre, a parcel of land with an area of
approximately 7640 square metres (1.9 acres), located at 310 Westmorland Road, also
identified as being PID Numbers 00320150 and 55160105 to permit re-zoning of the
land from "RS-2" One and Two Family Suburban Residential to "SC" Shopping Centre
as requested by Horizon Management Inc.
The required advertising has been completed, and attached you will find a copy of the
application, public notice of the proposed municipal plan amendment and insertion order.
No written objections to the proposed re-zoning 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, June 19,2006 at 7:00 p.m. in the Council Chamber, or
not to proceed with the proposed amendment process, and adopt a resolution to deny
the application and receive the attached documentation for information.
Respectfully submitted,
- ( ?
. //: ~t'<-g
Elizabeth Gormley ---;:;;-
Assistant Common ~rk
Attachment
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June 14,2006
y our Worship and Councillors:
SUBJECT: Proposed Municipal Plan Amendment and Rezoning
310 Westmorland Road
On May 8, 2006 Common Council referred the above matter to the Planning
Advisory Committee for a report and recommendation. The Committee
considered the attached report at its June 13, 2006 meeting.
Rod Adams of Horizon Management Inc. and Michael Mercier of Milestone
Constmction & Development Inc. attended the meeting on behalf of the applicant.
Mr. Adams briefly reviewed the proposal for the Committee and expressed
agreement with the recommendation in the attached report. Messrs. Adams and
Mercier answered several questions from the Committee with respect to the
proposed site development and constmction of Retail Drive.
Carmel McCaig, 300 Westmorland Road, also attended the meeting and addressed
the Committee. She indicated that, while she was not opposed to the rezoning, she
did object to the granting of the requested variance to reduce the landscaped
separation of the shopping centre's parking area from the side lot line.
Brian McLain, 165 Westmorland Road, appeared before the Committee in
opposition to the proposal. Mr. McLain questioned the need for an expanded
commercial area given that there is existing undeveloped land in the area that is
already zoned for commercial development. He also raised concerns about
increasing traffic on Westmorland Road as well as the physical condition of the
road.
In addition to the above presentations, the Committee received one letter in favour
of the proposal (copy attached).
After considering the report, presentations and letter, the Committee decided to
adopt the staff recommendation, including the granting of the requested variance
for a reduced landscaped setback along the side lot line.
RECOMMENDATION:
1. That Common Council redesignate, on Schedule 2A of the Municipal
Development Plan, from Low Density Residential to Regional Centre, a parcel
ofland with an area of approximately 7640 square metres (1. 9 acres), located
Planning Advisory Committee
June 14,2006
Page 2
at 310 Westmorland Road, also identified as being PID numbers 00320150
and 55160105.
2. That Common Council rezone the same parcel of land from "RS-2" One and
Two Family Suburban Residential to "SC" Shopping Centre.
3. That, pursuant to the provisions of Section 39 of the Community Planning Act,
the development of a shopping centre on a parcel of land with an area of
approximately 7640 square metres (1. 9 acres), located at 310 Westmorland
Road, also identified as being PID numbers 00320150 and 55160105, be
subject to the following conditions:
a) The site shall be used in conjunction with, and shall be subject to the same
Section 39 conditions as the adjacent shopping centre development to the
northeast of the subject site, where the subject site shall be considered to
be a part of "site 2" and/or "site 3" of the proposed shopping centre
development;
b) Direct access to the site from Westmorland Road is prohibited;
and further that upon the rezoning of the area, the land and any building or
stmcture thereon must be developed and used in conformity with the proposal
and conditions identified herein.
Respectfully submitted,
Philip Hovey
Chairman
RGP/r
Attachments
Project No. 06-069
DATE:
TO:
FROM:
FOR:
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
PID:
Municipal Plan:
Zoning:
Proposal:
Type of Application:
JUNE 9, 2006
PLANNING ADVISORY COMMITTEE
PLANNING AND DEVELOPMENT
MEETING OF JUNE 13,2006
Randall G. Pollock, MCIP
Planner
Horizon Management Inc.
Sophie O'Brien
310 Westmorland Road
320150 and 55160105
Existing:
Proposed:
Low Density Residential
Regional Centre
Existing:
"RS-2" One and Two Family Suburban
Residential
"SC" Shopping Centre
Proposed:
To develop the property in conjunction with the adjacent
proposed shopping centre development
Municipal Plan Amendment, Rezoning, and Variance to
permit a reduced landscaped area of3 metres (10 feet)
along the southwest side lot line, whereas the Zoning By-
law requires a minimum landscaped area of 15 metres (50
feet) adjacent to a Residential zone.
Horizon Management Inc.
310 Westmorland Road
Page 2
June 9, 2006
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, June 19, 2006.
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 redesignate, on Schedule 2A of the Municipal Development Plan, from
Low Density Residential to Regional Centre, a parcel of land with an area of approximately
7640 square metres (1.9 acres), located at 310 Westmorland Road, also identified as being
PID numbers 00320150 and 55160105.
2. That Common Council rezone the same parcel of land from "RS-2" One and Two Family
Suburban Residential to "SC" Shopping Centre.
3. That, pursuant to the provisions of Section 39 of the Community Planning Act, the
development of a shopping centre on a parcel of land with an area of approximately 7640
square metres (1. 9 acres), located at 310 Westmorland Road, also identified as being PID
numbers 00320150 and 55160105, be subject to the following conditions:
a) The site shall be used in conjunction with, and shall be subject to the same Section 39
conditions as the adjacent shopping centre development to the northeast of the subject
site, where the subject site shall be considered to be a part of "site 2" and/or "site 3" of the
proposed shopping centre development;
b) Direct access to the site from W estmorland Road is prohibited;
and further that upon the rezoning of the area, the land and any building or stmcture 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 a reduced
landscaped area of 3 metres (l0 feet) along the southwest side lot line on condition that the
planting strip consisting of a combination of evergreen trees and/or solid evergreen hedge is
planted and maintained between the proposed parking area and the lot line in accordance with
a detailed planting plan prepared by the proponent and subject to the approval of the
Development Officer.
Horizon Management Inc.
310 Westmorland Road
Page 3
June 9, 2006
BACKGROUND:
On April 10, 2006, Common Council redesignated the large (approximately 53-acre) area to the
northeast of the site from Low Density Residential to Regional Centre. At the same time, Council
rezoned the same area from "RS-2" One and Two Family Suburban Residential, "R-2" One and
Two Family Residential and former unzoned street areas to "SC" Shopping Centre. The rezoning
was adopted subject to an agreement, pursuant to Section 39 of the Community Planning Act,
setting out the following conditions:
a) The development of the site is limited to a shopping centre with a maximum floor area of
55,740 square metres (600,000 square feet) in one or more buildings on one or more
separate lots;
b) No lot in the shopping centre shall be developed, and no site excavation shall be
undertaken, except in accordance with a detailed site grading and drainage plan, prepared
by the proponent and subject to the approval of the Chief City Engineer or his designate;
c) No lot in the shopping centre shall be developed, except in accordance with a detailed site
plan and detailed building elevation plans, prepared by the proponent and subject to the
approval of the Development Officer, indicating the location of all buildings, parking
areas, driveways, loading areas, signs, exterior lighting, exterior building materials and
finishes, landscaped areas and other site features, and such site plan must be attached to
any building permit for the development, other than site preparation;
d) All work shown on the approved site plan and building elevation plans for each lot, except
for landscaping, must be completed prior to the opening of the facility for business, and
landscaping must be completed within one year of building permit approval;
e) The proponent must pave all parking areas, loading areas, manoeuvring areas and
driveways with asphalt and enclose them with cast-in-place concrete curbs to protect the
landscaped areas and facilitate proper drainage;
f) Exact driveway locations for each lot are subject to the approval of the Chief City
Engineer or his designate;
g) The proponent must provide all utilities underground, including power and telephone from
the street to any building on any lot;
h) The proponent must landscape all disturbed areas of the site not occupied by buildings,
driveways, walkways, parking or loading areas, including a minimum of 6 metres (20 feet)
inside the front property line of each lot, and the required landscaping must extend onto
the City street right-of-way to the edge of the City curb/sidewalk;
Horizon Management Inc.
310 Westmorland Road
Page 4
June 9, 2006
i) Prior to any business on the subject site commencing operation, the proponent must widen
Westmorland Road to four lanes from the end of the existing four-lane section to the
intersection of the proposed Retail Drive, including curb and sidewalk installation, storm
sewer extension, any necessary relocation of utility lines and traffic light standards, and
provision of a dedicated left-turn lane for eastbound traffic on Westmorland Road at
Retail Drive, all in accordance with detailed engineering plans to be prepared by the
proponent and subject to the approval of the Chief City Engineer or his designate. The
proponent shall provide to the City, with respect to such work, such insurance as the
City's insurance officer may require, and shall promptly reimburse the City for any
expense that the City may incur in having vacated any mechanics' lien that may be filed or
registered with respect to the work;
j) The proponent must install traffic signals at the intersection ofWestmorland Road and the
proposed Retail Drive in accordance with City of Saint John specifications;
k) The development of the site is limited to development sites 2 and 3 with a maximum of
16,700 square metres (180,000 square feet) of commercial space until such time as the
proposed Retail Drive is constmcted by the proponent to connect with Marlborough
Avenue and Marlborough Avenue is reconstmcted by the proponent as a four-lane street,
including the provision of a school bus stop clear of the travel lanes of Marlborough
Avenue, all in accordance with City of Saint John specifications;
1) There shall be no vehicular access permitted to any part of the site from Oakland Street,
Rockwood Avenue or Highland Street, either as a formal access or during site preparation
and constmction;
m) If Marlborough Avenue is used for access to the site during site preparation and
constmction, the school bus stop mentioned in condition k) must be constmcted by the
proponent prior to the use of Marlborough Avenue for site preparation and constmction
traffic;
n) The following additional requirements apply to the proposed excavation and site
preparation:
(i) No explosives shall be stored on the site;
(ii) Prior to any blasting operations being undertaken, the proponent shall provide
proof of a general liability insurance policy or rider satisfactory to the City
covering all aspects of the intended blasting activities;
(iii) The proponent shall be solely responsible for any damage or accident to utilities,
properties, structures, wells and persons as a result of blasting operations;
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310 Westmorland Road
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June 9, 2006
(iv) Areas to be blasted shall have the surface stripped of gmbbing prior to blasting;
(v) Prior to any blasting operations being undertaken, the proponent shall provide a
plan of blasting operations and sequences to the Building Inspector for review. The
plan of blasting operations and sequences shall provide for the following:
1 Preblast Surveys
1.1 The proponent's blasting consultant will conduct preblast surveys
for all properties within the radius specified by the proponent's
blaster and blasting consultant. The preblast survey radius will be
defined by the proponent's blasting consultant based on the
proponent's contractor's blasting design in conjunction with the
Building Inspector.
1.2 Within the radius mentioned in 1.1 above, the proponent's blasting
consultant will distribute a copy of the preblast survey to the owner
of each propeliy covered by the survey.
1.3 The proponent's contractor will respond to all valid concerns of the
neighbouring property owners during constmction operations.
1.4 The proponent's blasting consultant will perform post blast surveys
as requested by the proponent's contractor or the neighbouring
property owners.
1.5 In the event that damage is suffered to a property as a result of
blasting operations the proponent's contractor will resolve any
claims diligently.
2 Blast Design
2.1 Any blast plan proposed by the proponent's contractor will not be
implemented until it has been reviewed and approved by the
proponent's independent blasting consultant, with a copy of that
approval and plan being provided to the City prior to blasting under
such plan occurring.
2.2 Rock composition, proximity to stmctures and the potential risk
associated with damage to those stmctures will be considered by
the proponent's blasting consultant in reviewing the proponent's
contractor's blast plan.
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310 Westmorland Road
Page 6
June 9, 2006
2.3
Any areas requiring blasting mats will be defined in the blast plan.
The Building Inspector, at his discretion, may require that blasting
mats be used in some or all locations.
2.4
Before every blast the maximum explosive per delay shall be
communicated to the proponent's blasting consultant for review
before the drill holes are loaded.
2.5
The recommendations of the u.s. Bureau of Mines for blasting
limits will be used for this project.
3 Monitoring
3.1 Each blast performed on the site will be monitored by the
proponent's blasting consultant;
3.2 The proponent's blasting consultant will place seismographs at
locations around the construction site. Each seismograph will
measure peak particle velocity and over pressure.
3.3 Three seismographs will be placed by the proponent's blasting
consultant.
4. Community Relations and Site Control
4.1 The proponent's contractor will make every effort to communicate
the blasting plan to all property owners in the area surrounding the
construction site;
4.2 A community orientation session will be chaired by the proponent
prior to commencement of blasting operations. The purpose of the
meeting will be to inform the public of potential hazards to as well
as the protocol associated with blasting operations.
4.3 The proponent's contractor will communicate the proposed weekly
blasting schedule to all property owners in the surrounding
communities. The method of communication will be voicemail.
4.4 The proponent's contractor will communicate the daily blasting
schedule to all property owners by voicemail.
4.5 Blast sirens will be positioned on both the Westmorland Road and
the Rothesay Avenue side of the construction site to warn the
Horizon Management Inc.
310 Westmorland Road
Page 7
June 9, 2006
public and all workers that a blast is to be set off, and to indicate
the' All Clear' after the blast has taken place. Four (4) short
soundings of the siren two (2) minutes before detonation of a blast
shall be used for warning and protection, and one (1) long seven (7)
second sounding of the siren shall be used to give the 'All Clear'
signal.
4.6 The handling and use of explosives shall be carried out by a person
who holds a valid certificate of qualification in the blaster
occupation or powdennan trade issued under the Apprenticeship
and Occupational Cert[j7cation, and shall be in compliance with the
Occupational Health and Safety Act and regulations under that Act.
4.7 The control, general safety, handling, record keeping and
conducting of blasting operations shall be carried out in accordance
with the latest edition of New Bnmswick Regulations 91-191 under
the Occupational Health and Safety Act.
4.8 Immediately prior to a blast, the proponent's contractor shall clear
the blasting area of all persons, vehicular and pedestrian traffic and
shall post flagmen at each road entering the blasting area who shall
stop all traffic and shall prevent such traffic from entering the area
until the blast has taken place.
0) The proponent shall provide a sloped landscaped area along the full width of the
nOlihwesterly side of the site, having a minimum dimension of 49 metres (160 feet) from
the rear property lines of the lots fronting on the southeast side of Oakland Street, in
accordance with a detailed landscaping plan, prepared by the proponent and subject to the
approval of the Development Officer;
p) No buildings, stmctures, driveways or parking areas are permitted within the landscaped
area mentioned in condition 0);
q) The proponent shall not commence any site preparation work on any portion of
development sites 4, 5 and 6 that are within 60 metres (200 feet) of the rear property lines
of the lots fronting on Oakland Street prior to the Development Officer's approval of the
detailed landscaping plan mentioned in condition 0), and the proponent has provided
security in the form of cash, certified cheque or a letter of credit, in an amount to be
determined by the Development Officer, to ensure completion of the landscaping work
shown on the detailed landscaping plan mentioned in condition 0) within one year of the
commencement of the site preparation work;
Horizon Management Inc.
310 Westmorland Road
Page 8
June 9, 2006
and further that upon the rezoning of the area, the land and any building or stmcture
thereon must be developed and used in conformity with the proposal and conditions
identified herein.
In addition to the above conditions, Common Council agreed to share the cost of the proposed
public street constmction, including tmnk service installations, under the following terms to be
included in the Section 39 agreement:
a) The City of Saint John makes a contribution of $2,850,000 toward the combined piping
materials and road constmction costs. This contribution will be toward the total road costs
on both Westmorland Road and Retail Drive.
b) Of the total contribution of$2,850,000, 35 percent of this amount or $997,000 is to be
advanced in 2006, so as to ensure that the upgrades to Westmorland Road are completed
in 2006 as well as the first phase of Retail Drive.
c) The $997,000 will be disbursed in one payment, when in the opinion of the City's Chief
City Engineer, the upgrades to Westmorland [Road] and the first phase of Retail Drive
have been completed to his satisfaction in accordance with pre-approved plans.
d) The remaining amount of$I,853,000 will be disbursed in one payment when, in the
opinion of the City's Chief City Engineer, Retail Drive is 100 percent complete in
accordance with the pre-approved plan.
e) In addition to the $2,850,000, the City will advance a "repayable contribution" of
$650,000 only when the Developer is ready to begin Phase II of Retail Drive. Of this
$650,000, $350,000 will be earmarked specifically for the constmction of the road base
for Retail Drive. This work is scheduled for the winter of 2006/2007 so as to demonstrate
to the public and possible tenants that a commitment has been made to complete Retail
Drive. It also would serve as a hedge against rising road constmction cost.
f) The City's temporary investment of$650,000 will be refunded by Horizon Management
Limited to the City, based on a rate of$2.03 per square foot, based on the planned "build
out" of the additional 320,000 square feet of retail space (proposed 500,000 sq. ft. minus
180,000 square feet in Phase I). The Developer has further agreed that once the total
"build out" has reached 400,000 square feet, the balance of the City's temporary
investment will be refunded in total.
INPUT FROM OTHER SOURCES:
Horizon Management Inc.
310 Westmorland Road
Page 9
June 9, 2006
Municipal Operations and Engineering has no objection to this extension to the previously
approved development, provided that it is subject to the same conditions.
Building and Technical Services has no concerns with the proposal.
Saint John Transit advises that it currently services this area with high-volume service on the
East and West Ellerdale routes. Potential development in this area may require an even higher
level of service.
Saint John Energy has no objection to the proposal and advises that it has facilities in the area.
An extension of facilities will be required to service the proposed project and this would be at the
developer's cost.
Aliant Telecom has no objection.
Maritimes & Northeast Pipeline has no objection.
Enbridge Gas N.B. has submitted no comments.
Fire Department advises that it has reviewed the proposal and has no objection provided that the
design and construction of the development provides for adequate water supply for fire fighting,
as required by Section 3.2.5.7 of the National Building Code of Canada. The development of an
adequate water supply must consider the fire suppression systems that will be required for the
various facilities constructed in the proposed shopping centre development related to this request.
ANALYSIS:
Site and Nei2:hbourhood
The subject site is located on Westmorland Road at the edge of the recently-expanded
McAllisterlWestmorland Regional Centre area. The site has a width of approximately 34 metres
(112 feet) and an area of approximately 7640 square metres (1. 9 acres), extending back
approximately 220 metres (over 700 feet) from Westmorland Road. The attached map shows the
location of the site in relation to the surrounding area, including the land that was recently
redesignated and rezoned for the applicant's major shopping centre development.
The site currently contains a small modern one-storey dwelling located close to Westmorland
Road. The rear area of the property is undeveloped and partially treed. Abutting properties, in
addition to the developer's proposed shopping centre to the northeast, include the large Fernhill
Cemetery property to the rear, and a residential lot (306 Westmorland Road) immediately
adjacent to the southwest. Immediately across the street from the site is another large cemetery
property.
Horizon Management Inc.
310 Westmorland Road
Page 10
June 9, 2006
Proposal
The applicant proposes to remove or demolish the existing dwelling and incorporate the subject
site into the first phase of its adjacent proposed shopping centre development. The attached
preliminary site plan illustrates the proposal. The subject site's portion of the development is
labelled as "Site 2A" on applicant's plan. Access to the site would be integrated with the adjacent
shopping centre area, which, in turn, will be accessed from the new Retail Drive. There is no
direct access proposed from Westmorland Road onto the site.
The preliminary plan shows three possible freestanding commercial buildings of approximately
1400 square metres (4,600 square feet) each, together with parking for 115 cars, on the subject
site portion of the proposed larger shopping centre. This area will be terraced at an elevation that
is approximately 2 metres (6 Y2 feet) higher than the elevation of the adjacent proposed shopping
centre area. A landscaped sloped area between the three buildings and the rest of the development
is proposed as a transition area. As plans are further refined when specific tenants are finalized,
modifications to the details of the layout and building arrangement will likely occur. However, the
overall concept of integrating the site into the adjacent development will remain.
As noted on page 1 of this report, the subject site is currently designated Low Density Residential
by the Municipal Plan and is zoned "RS-2" One and Two Family Suburban Residential. The
applicant has requested redesignation of the site to Regional Centre and rezoning to "SC"
Shopping Centre, in order to permit the proposal to proceed. These changes would place the
property in the same designation and zoning as the balance of the proposed development.
In addition to the Municipal Plan amendment and rezoning, the applicant has requested the
Planning Advisory Committee's consideration of a variance from the landscaping requirements of
the Zoning By-law. The applicant proposes to provide only 3 metres (10 feet) of landscaping
along the lot line abutting the property at 306 Westmorland Road and the Fernhill Cemetery
property, whereas the Zoning By-law requires a minimum of 15 metres (49.2 feet) oflandscaping
adjacent to a residential zone. The reason for the request is to permit the parking area to extend
into this area. All buildings will be placed the minimum 15 metres (50 feet) from the southwest
property line.
Proposed Amendments
The proposal, if approved by Common Council, will essentially result in a comparatively minor
modification of the boundary between the recently-enlarged Regional Centre and the Low Density
Residential area. The applicant had intended to include the site in the original application for the
larger area, but had not finalized the arrangements with the property owner at the time of the
previous application. The additional area will not result in an increase in the amount of
commercial floor space in the development as a whole. This will remain at the maximum of
600,000 square feet as originally requested and approved by Council in April of this year.
Horizon Management Inc.
310 Westmorland Road
Page 11
June 9, 2006
Similarly, the applicant is not requesting any change to the present approved limit of 180,000
square feet prior to completion of Retail Drive all the way through to MarlboroughlRothesay
Avenue, nor any additional access to the site from Westmorland Road. As a result, the proposal
does not necessitate the preparation of revised traffic and market impact studies.
While the continued use of the site for residential purposes would be appropriate, as currently
permitted by the Municipal Plan and Zoning By-law, the proposed change can also be supported
as a logical extension of the Regional Centre designation. The development of the site should be
tied to the same Section 39 conditions as were imposed upon the larger area, as set out in the
Background section of this report. In addition, a specific condition prohibiting direct access to
the site from Westmorland Road is also recommended.
Proposed Variance
As noted above, the applicant has requested that the required 15-metre (50-foot) wide landscaped
area along the southwest side lot line be reduced to a minimum of3 metres (10 feet) for its entire
length, in order to accommodate a portion of the parking area for the development. The applicant
proposes to compensate for the reduced setback by planting and maintaining a solid cedar hedge
along the side lot line.
The Zoning By-law's intent with regard to the minimum 15-metre (50-foot) landscaped setback is
to provide a suitable buffer between the residential and non-residential uses/zones. Therefore, any
reduction in the By-law standard must be considered carefully. At the request of staff, the
applicant has prepared and submitted three cross section views at various points along the
property line. The additional cross section information was provided in order to better illustrate
the relationship between the subject site and the adjoining property.
The first view (Section A-A) is perhaps the most important area of interface between the two
properties as it is adjacent to the area where the house is located on the adjacent residential lot.
Therefore, this is the area where the most impact would occur. Along this portion of the boundary
line, the finished elevation of the parking lot will be approximately 4 metres (13 feet) below the
elevation of the neighbour's property. A similar situation will exist adjacent to the Fernhill
Cemetery's property near the back of the subject site, as illustrated by Section C-C. The only
area where the subject site will be higher than the adjoining residential zone is portion
approximately halfway between the front and rear of the subject site (Section B-B), which is
adjacent to the rear part of the residential lot at 306 Westmorland.
While staff were initially reluctant to recommend approval of the requested variance, in this case,
the difference in elevation between the two zones will minimize the potential negative impact of
the proposed reduction of the required landscaped buffer along most of the zone boundary. In the
area where the parking lot will be higher than the adjacent property, the proposed hedge should
be placed at the top of the retaining wall (i.e. at the same elevation as the parking lot) and/or a
Horizon Management Inc.
310 Westmorland Road
Page 12
June 9, 2006
row of coniferous trees should be planted in the area where the hedge is shown on Section B-B, in
order to prevent vehicle headlights from shining across the propeliy line.
Given the above observations, approval of the variance can be recommended, provided that the
applicant prepares and submits a detailed planting plan for Development Officer approval.
CONCLUSION:
The subject site is located on the edge of the previously redesignated area and will be
incorporated into the applicant's larger shopping centre development. The proposed amendments
can be viewed as a relatively minor adjustment of the boundary between the Regional Centre and
the adjacent residential area. Inclusion of the subject site as part of the development will not result
in any additional market or traffic impacts, as the overall floor area of the development and the
access to the development will remain the same as previously approved. The proposed reduction
in the setback of the parking area from the adjoining properties can be supported on the basis of
the final elevation of the development in relation to much of the adjoining area. Approval of the
proposal is recommended, subject to the conditions set out on page 2 of this report.
RGP/r
Project No. 06-069
Horizon Management Inc.
310 Westmorland Road
Page 13
June 9, 2006
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
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localion: 310, chemin Weslmarland Road
Dale: May/mai 18,2006
ScaleN;Jchelle: Not to scale/Pas a I'tkhelle
ement Inc.
Horizon Manag Road
310 Westmorland
Page 14
June 9, 2006
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Horizon Management Inc.
310 Westmorland Road
Page 15
June 9, 2006
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310 Westmorland Road
Page 16
June 9, 2006
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Horizon Management Inc.
310 Westmorland Road
Page 17
June 9, 2006
Planning Advisory Committee
City of Saint John
P,O, Box 1971
Saint John, NB
E2L 4L 1
uSLDEV~O~
~ RECSVED ~~
~ ~
.J jUM 8 ~ .,
po. r
0> !i
?)..~ ---~ ~
~//
June 7,2006
Re: PropDsed Municipal Plan Amendment and Rezoning 310 Wcstmorland Road
i,Vr: Ii VI; at 306 'Nc~tmorland Road,
Our properly is directly adjoining the property (310 Westmorlond Road) that is being proposed
for rezoning to "SC" Shopping Centre.
We an:: writing to express our apprD,'al of this application,
\Ve arc also in agreement wlth the requested variance on dle reduced landscaping area to 10 ft'eL
"\>lH:rc our house sits on the property, It w111 be at considerably higher elevation than the base
ground for any building or cars that are parking, If necessary, maybe a small hedge \vould help
on the propertj Jir,e up by our house. The back lower area may not require this.
We were in favour of the original larger rC7..oning earlier this year and we do not have any
concems with this application either. We are fOT developmem that will cn::iLe: jobs, Lncreasc tax
base and bring people to Saint John.
Finally, \ve do not believe that this rewning application will havt' any additional effect OIl traffic
in the area,
Thank you fOT allowing us to provid~ our upini(lll on this matter.
Rc gards,
Re gards.
Gerald LeBl:mu
)j Q~~Jd/ t /3~~'L/
Barb Murr
~0) _ l. 1~J/]
,~ II ~/L.IL
Re Vesting in City of 4.57 Metre (IS-Foot) Wide Lanes - Tisdale Place
ALL THOSE CERTAIN lands situate lying and being in the City of Saint John in the
County of Saint John and Province of New Brunswick and more particularly described as
those lanes or portions thereof having a width of 4.57 metre (15 feet) more or less,
commonly referred to as "fire lanes" or service lanes" shown on the "Plan of Tisdale
Place Situate at S1. (sic) John, N.B." filed in the Saint John County Registry Office on
January 22, 1921, as File 13#37 lying within the boundaries of lands assigned PIn
00322180 by Service New Brunswick.
PUBLIC NOTICE
RE VESTING IN CITY OF 4.57 METRE (is-FOOT) WIDE LANES
TISDALE PLACE
Public Notice is hereby given that the Common Council of The City of Saint John, in the
County of Saint John and Province of New Brunswick intends, at a date five weeks from
the date of the first publication of this notice, to move a resolution ordering that the fee
simple in the so-called "service lane" or "fire lane" described as follows, vest in the said
City of Saint John subject to any easements to the same expressly granted to or otherwise
acquired by adjoining lot owners:
ALL THOSE CERTAIN lands situate lying and being in the City of Saint Jo1m in the
County of Saint John and Province of New Brunswick and more particularly described as
those lanes or portions thereof having a width of 4.57 metre (15 feet) more or less,
commonly referred to as ~'fire lanes" or service lanes" shown on the "Plan of Tisdale
Place Situate at St. (sic) Jo1m, N.B." filed in the Saint John County Registry Office on
January 22, 1921, as File 13#37 lying within the boundaries oflands assigned PID
00322180 by Service New Brunswick.
This Notice is published in accordance with "An Act to Authorize the City of Saint John
to Discontinue or Temporarily Close Up Public Streets in the City of Saint John When
Necessary" (N.B. Statutes 56 Victoria 1893, Chapter 41 as amended).
A plan of the so-called "service lane" or "fire lane" may be inspected by any interested
person at the Office ofthe Common Clerk, City Hall, Saint John, N.B., between the hours
of 8:30 a.m. and 4:30 p.m., Monday through Friday inclusive,
Written objections to the above may be sent to the undersigned at City Hall.
First publication of this notice made May 16, 2006.
AVIS PUBLIC
NOUVELLE DESIGNATION DES VOlES MUNICIP ALES
D'UNE LARGEUR DE 4,57 METRES (IS PIEDS)
PLACE TISDALE
Par les presentes, avis est donne que Ie conseil communal de The City of Saint John, dans
Ie cornie de Saint John et la province du Nouveau-Brunswick, a l'intention, cinq semaines
apres la date de Ia premiere publication du present avis, de presenter une resolution visant
a ordonner que la proprit~te fonciere en fief simple de la <( voie de service )) au << couloir
d'urgence )} decrite ci-apres soit devolue a ladite City of Saint 101m sous reserve des
memes droits d'usages expressement conferes par les proprietaires fonciers adjacents ou
obtenus de toute autre maniere par ceux-ci :
TOUS LESDITS terrains situes dans The City of Saint John, dans Ie cornte de Saint John
et la province du Nouveau-Brunswick, plus precisement decrits comme les voies ou les
parcelles dont la largeur est d'environ 4,57 metres (15 pieds), commumSment appeIes
{( couloirs d'urgence ~~ ou ({ voies de service }>, figurant sur Ie <( Plan of Tisdale Place
Situate at S1. (sic) John, N.B. >>(plan de la place Tisdale situee it Saint John, au
Nouveau-Brunswick) date du 22 janvier 1921 et depose au bureau de ltenregistrement
pour Ie cornte de Saint John SOllS Ie document numero 13 et Ie plan 37, et qui sont situes
dans les limites des terrains auxquels Service Nouveau~Brunswick a attribu6 Ie
NID 00322180.
Le present avis est diffuse conformement a l'acte << An Act to Authorize the City of
Saint John to Discontinue or Temporarily Close Up Public Streets in the City of
Saint John When Necessary)> (loi autorisant The City of Saint John a fermer ou a fermer
temporairement les routes publiques de la ville lorsque besoin est) (Victoria, chapitre 41
des Statuts de 1893 du Nouveau-Brunswick, tel que modifie).
Les personnes interessees peuvent examiner Ie plan des << voies de service }) ou (< couloirs
dturgence ~) au bureau du greffier communal, it l'hotel de ville de Saint John (N.-B.), entre
8 h 30 et 16 h 30, du lundi au vendredi.
Les objections ecrites concernant Ie present avis peuvent etre envoyees a l'h6tel de ville it
Pattention du soussign6.
Premiere diffusion du present avis Ie 16 mai 2006.
City of Saint John
INTERNAL INSERTION ORDER
For City of Saint John use only:
Budget Number: 1100801 4422010
Department: Common Clerk's Office (Account # 71206)
Contact: J. Patrick Woods
Phone: (506) 658-2862 I Fax: (506) 674-4214
Special Instructions (if any):
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
.. SJT J City Information Ad
Date(s): Tuesday, May 16,2006
!ues4ay, May 23, 200~
Tuesday, May jU\,,'~~U()
Tuesda ,June .
Tuesda~, June f~, 86
.. SIT J Independent Placement
.. SIT J Classifieds
Date(s):
Date(s):
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline:
o General Notice 0 Tender D Proposal
I!I Public Notice
Sub-Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: J. Patrick Woods, Common Clerk/Greffier communal
Contact: I Telephone: (506) 658-2862
If A
City Solicitor's Office
Bureau de l'avocat municipal
P.O. BoxlC,P. 1971
Saint John, NB/N,-B.
Canada E2L 4L 1
W\V\V, saint john, ca
The City of Saint John
April 6, 2006
Common Council of
The City of Saint John
Your Worship and Councillors:
Re: Bayside Middle School Site - Undeveloped Streets and Fire/Service Lanes
In April 2001, the City obtained an easement from the Province of New Brunswick
(Minister of Education) to install a 200 mm diameter watermain within the limits of the
Bayside Middle School site (PID No. 322180 "the school site") on Bayside Drive
(drawing attached).
As part of the negotiations to obtain the easement and early entry to perform work, the
City agreed to stop-up and close all undeveloped streets within the limits of the school
site and to adopt a resolution to vest in the City all fifteen (15') foot wide "service/fire
lands" therein.
The City cited a Plan of Tisdale Place filed in the Saint John County Registry Office as
File 8#36 as the reference point in the required newspaper advertisements.
Subsequently it was determined that the Plan of Tisdale Place was reconfigured and a
second plan was filed on January 22, 1921, as File 13#37. To prevent any future
potential problem with respect to the location of the undeveloped streets and
"service/fire lanes", it is prudent to "close" the undeveloped streets and "vest" the
"service/fire lanes" as depicted on the Plan of Tisdale Place filed in the Saint John
County Registry Office as File 13#37.
.../2
The following wording is the text of an appropriate resolution:
"It is recommended that Cornman Council
1. authorize advertising of its intention to consider on the 8th day of May 2006 at
7:00 o'clock in the evening in Common Council's Chamber a by-law to stop-up
and close those portions ofWestmorland Road and Saint Catherine Street within
the boundaries ofPID #322180 and Hays Ave. in its entirety;
2. authorize the publication of a notice of its intention to move a resolution to vest
in the City of Saint John the fee simple interest in the 15 foot wide lanes
commonly referred to as "fire lanes" shown on the plan of Tisdale Place being
within the boundaries of PID #322180 subject to any easements over the same
expressly granted or otherwise acquired by adjoining owners;
3. in the event that the by-law is enacted and the resolution adopted, the City
convey its interest in the former street(s) or portions thereof and former "fire
lanes" to Her Majesty the Queen in Right of the Province of New Brunswick as
represented by the Minister of Education; and
4. that the Mayor and Common Clerk sign the documents evidencing conveyance."
Respectfully submitted,
"--7...1--------
[ l C ,v L (L /
1" ~
)\ I
L. ! \.1
John L. Nugent,
city Solicitor.
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This map is a graphical representation of property boundaries which approximates the size, configurati
survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area.
Lat.: 45-17-14.33N Long.: 66-02-23.62W Scale: 3210
X: 2536098.031
1 Property found
PID Q.Q,3Z2.HlJ)
N.B.Educatlon
PAN
5715498
Owner
L
City Solicitor's Office
Bureau de I'avocat municipal
P.O. Box/C.P. 1971
Saint John, NB/N.-B.
Canada E2L 4L1
www.saintjohn.ca
~)S
May 5, 2006
The City of Saint John
Common Council of
The City of Saint John
Your Worship and Councillors:
Re: Rescheduling of Street Closing Hearing
Bayside Middle School Site
Common Council at its Open Session meeting of April 10, 2006 authorized the
commencement of the street closing process for a number of undeveloped
streets lying within the Bayside Middle School site. The date set for Council's
considering the matter was May 8, 2006. The necessary publication of notice
has not occurred and consequently, the hearing must be rescheduled. The
following is the text of the appropriate resolution in that regard which I
recommend Council adopt:
RESOLVED that the Common Council resolution of April 10, 2006
authorizing, inter alia, publication of notice of Council's intention to
consider at its meeting of May 8, 2006 the stopping up and closing of
the portions of Westmorland Road and Saint Catherine Street lying
within the boundaries ofPID #322180 and Hays Avenue in its entirety,
is hereby amended by deleting the words" ... the 8th day of May, 2006
...." and substituting therefor the words .' ... the 19th day of June, 2006
"
Respectfully Submitted,
/ L Mtw,,-,rr-
John INUgent f
City Solicitor
BY-LAW NUMBER C.P.1l0-17
A LAW TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
Be it enacted by The City of Saint
John in Common Council convened, as
follows:
ARRETE NO C.P. 110-17
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
decn~te ce qui suit :
The Zoning By-law of The City of L'arret6 sur Ie zonage de The City
Saint John enacted on the nineteenth day of of Saint John, decrete Ie dix-neuf (19)
December, A.D. 2005, is amended by; decembre 2005, est modifi6 par:
1 Amending Schedule "A", the
Zoning Map of The City of Saint John, by
re~zoning a parcel of land located at 1032
McCavour Drive, having an area of
approximately 827 square metres, also
identified as being PID No. 550 l8048,
from "R-IA" One Family Residential to
"TH" Townhouse classification pursuant to
a resolution adopted by Common Council
under Section 39 of the Community
Planning Act.
- all as shown on the plan attached hereto
and forming part of this 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. 2006
and signed by:
1 La modification de l'annexe <<A>>,
Plan de zonage de The City of SaintJohn,
permettant de modifier la designation d'une
parcelle de terrain situee au 1032,
promenade McCavour, d'une superficie
approximative de 827 metres carres, et
portant Ie NID 55018048, de I zone
residentielle - habitations unifamWales
I
<<R-IA>> a zone de maisons en ~angee
<< TH>> conformement a une resQlution
adoptee par Ie conseil municipal enl vertu
de l'article 39 de la Loi sur l'urbanis11le
- toutes les modifications sont indiqu~es sur
Ie plan ci-joint et font partie du preset1t
arrete,
EN For DE QUOI, The City of Saint John
a fait apposer son sceau communal Isur Ie
present arrete Ie ! 2006,
avec les signatures suivantes : '
Mayor! Maire
Common Clerk/Greffier communal
First Reading - June 5, 2006
Second Reading - June 5, 2006
Third Reading -
Premiere lecture - 5 juin 2006
Deuxieme lecture - 5 juin 2006
Troisieme lecture -
PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT
REZONING I REZONAGE I
Amending Schedule <LA" of the Zoning By-Law
of The City of Saint John
Modifiant Annexa ((A)) du Reglement de zonage
de The City of Saint John
FROM I DE
TOIA
R-1A - One Family Residentialj
Zone residentielle-habitations
unifamiliales
TH - Townhouse I
Zone de maisons en ranges
Pursuant to a Resolution under Section 39 of the Community Planning Act
* Conformement a une resolution adoptee par Ie conseil municlpal en vertu e
I'article 39 de la Loi sur I'urbanisme
Applicant:
Location:
PID(s)/NIP(s)
Hughes Surveys & Consultants Inc,
1032 promenade McCavour Drive
55018048
06N-66SE
SECTION 39 CONDITIONS - 1032 McCAVOUR DRIVE
RESOL VED that, pursuant to the provisions of Section 39 of the Community Pia ning
Act, the proposed development of the parcel of land located at 1032 McCavour rive,
having an area of approximately 827 square metres, also Identified as being PI No.
55018048, be limited as follows:
(a) The property must be developed in conjunction with a townhouse project
proposed at 1040 Manawagonish Road; or
(b) Should the proposed townhouse project not proceed, that the pro erty at
1032 McCavour Drive be limited to the development of a one-fa ily
detached dwelling.
and the land and any building or structure thereon must be devel
and used in conformity with the proposal and conditions identifie
BY-LAW NUMBER C.P. 110-16
ALA W TO AMEND
THE ZONING BY-LAW
OF THE CITY OF SAINT JOHN
ARRETE NO C.P.110-16
ARRETE MODIFIANT L' ARRETE
SUR LE ZONAGE DE THE CITY OF
SAINT JOHN
Be it enacted by The City of Saint Lars d'une reunion du conseil
John in Common Council convened, as communal, The City of Saint John a
follows; decn~te ce qui suit:
The Zoning By-law of The City of L'arrete sur Ie zonage de The City
Saint John enacted on the nineteenth day of of Saint John, decrete Ie dix-neuf (19)
December, A,O. 2005, is amended by: decembre 2005, est modifi6 par:
1 Amending Schedule "A", the
Zoning Map of The City of Saint John, by
rezoning a parcel of land with an area of
approximately 900 square metres, located
immediately adjacent to 2075 Loch
Lamond Road, also identified as being a
portion of PID No, 00325209, from "RS-l"
One and Two Family Suburban Residential
to "B-2" General Business classification
pursuant to a resolution adopted by
Common Council under Section 39 of the
Community Planning Act.
. all as shown on the plan attached hereto
and forming part of this by-law.
IN WITNESS WHEREOF The City of
Saint John has caused the Corporate
Common Seal of the said City to be affixed
to this by-law the * day of *, A.D. 2006
and signed by:
1 La modification de llannexe <<A)>,
Plan de zonage de The City of Saint John,
pennettant de modifier la designation d'une
parcelle de terrain directement attenante au
2075, chemin Loch Lamond, d'une
superficie d'environ 900 metres carres et
portant Ie NID 00325209, pour la faire
passer de zone residentielle de banlieue -
habitations unifamiliales et bifamiliales
<< RS-l >> a zone commerciale generale <( B-
2 >> conformement a une resolution adoptee
par Ie conseil municipal en vertu de
l'article 39 de la Loi sur l'urbanisme
- toutes les modifications sont indiquees sur
Ie 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 Ie
present arrete Ie 2006,
avec les signatures suivantes :
MayorlMaire
Common Clerk/Greffier communal
First Reading - June 5, 2006
Second Reading - June 5, 2006
Third Reading ~
Premiere lecture - 5 juin 2006
Deuxieme lecture - 5 juin 2006
Troisieme lecture -
PLANNING AND DEVELOPMENT I URBANISME ET DEVELOPPEMENT
REZONING I REZONAGE
Amending Schedule "A" of the Zoning By-Law
of The City of Saint John
Modifiant Annexe (<A)) du Reglement de zonage
de The City of Saint John
FROM I DE
TOI A
RS-1 - One and Two Family
Suburban Residential I Zone
residentielle de banlieue-habitations
unifamiliales et bifamiliales
B-2 - General Business I
Zone commerciale generale
Pursuant to a Resolution under Section 39 of the Community Planning Act
* Conformement a une resolution adoptee par Ie conseil municipal en vertu de
I'article 39 de la Loi sur f'urbanisme
Applicant:
Location:
Judiane Luck I Eire Holdings Ltd.
2075 chemin Loch Lamond Road
PID(s)/NIP(s)
Portion of I Partie de 00325209
07P-21 NE
SECTION 39 CONDITIONS. 2075 LOCH LOMOND ROAD
RESOLVED that Common Council amend the Section 39 conditions imposed on the
July 7, 2003 rezoning of the property located at 2075 Loch Lomond Road, also identified
as PID No. 55164230, by replacing the existing conditions with the following:
(a) That the property only be developed with one-storey buildings and limited
to the following uses: business office, church, community centre, dwelling
unit, funeral home, park, personal service shop, repair service shop, retail
store, school, health club, or a group care facility,
(b) That no building or structure (except for fencing) be situated within 6
metres of the eastern side property boundary of the property;
(c) That a board-on-board fence with a minimum height of 2.4 metres be
constructed by the proponent along the common property boundary with
2109 Loch Lomond Road (PID No. 55027973), and that such fence be
constructed 8.5 metres back from Loch Lamond Road to the rear of the
existing commercial building, a distance of approximately 57 metres, and
that such fencing must be completed prior to the issuance of a building
permit for the development of the proposed future office building;
(d) That exterior lighting not operate after 10:00 p.m. daily, and that such
lighting be designed in a manner that does not direct light onto adjacent
residential properties;
(e) That the development be in accordance with one or more detailed site
plans approved by the Development Officer illustrating asphalt parking
areas and driveways;
(f) That site be developed in accordance with one or more detailed drainage
plans, subject to the approval of the Chief City Engineer, including the
installation of any necessary catch basins;
(g) All disturbed areas of the development site not occupied by buildings,
parking areas and driveways be landscaped within six (6) months from
the issuance of a building permit for any phase of the commercial
development;
and the land and any building or structure thereon must be developed
and used in conformity with the proposal and conditions identified herein.
AND
RESOLVED that, pursuant to the provisions of Section 39 of the Community Planning
Act, the proposed development of the parcel of land located immediately adjacent to
2075 Loch Lomond Road, also identified as being the front portion of PID No. 00325209,
be limited to the following:
(a) This area only be developed with a paved driveway access for the
adjoining commercial development at 2075 Loch Lomond Road, also
identified as being PIO No. 55164230, and that no buildings or structures
(except for fencing) be permitted within this area; and
(b) That a board-on-board fence with a minimum height of 2.4 metres be
constructed by the proponent along the common property boundary with
2051 Loch Lomond Road (PID No. 00331041), and that such fence be
constructed 8.5 metres back from Loch Lamond Road to the front of the
existing commercial building, a distance of approximately 35 metres, and
that such fencing must be completed prior to the development of the
proposed commercial driveway;
and that the land and any structure thereon must be developed and used
in conformity with the proposal and condition identified herein,
~- SAINT JOHN
.- ;~
!
The City of saint John
June 14, 2006
P.O. Box/C.P. 1971
Saint John, NBjN.-B.
Canada E2l 4L 1
www.saintjohn.ca
Deputy Mayor Michelle Hooton and
Members of Common Council
Re: Council Proceedings
The recent behaviour around the Council table, the o~tbursts in the public gallery and the
inability to complete the items put forward on the bqsiness agenda have given me cause
for concern. Indeed, several Councillors have met witP me to raise the same concerns.
Council acts as a body and makes decisions as a i body. Our actions, whether taken
individually or collectively, around the Council tablel reflect not only on the Council, but
also on our City and each one of us as elected officiats. The public feedback from recent
meetings has been less than positive.
An individual Councillor can only do what the Cou cil permits. I believe that debate on
the issues put before us is healthy and offers a chan e for each Councillor to share their
perspective on these matters. I also believe that t is debate must be conducted in a
respectful, courteous and professional manner at 11 times. There are no issues that
warrant personal attacks, unsubstantiated allegations or rude or disrespectful behaviour.
Likewise, while Councillors are free to challe ge and even disagree with the
recommendations put forward by staff, personal a, acks on City staff are simply not
acceptable during a Council meeting. '
It is incumbent on me as the presiding officer to res~ore order in the proceedings. I have
attached the relevant sections of our procedural bylaf. I also believe that at the midway
point of our current mandate as a Council we must rMocus our efforts on our community
agenda. Energy spent dealing with personalities an~ personal agendas takes away from
the real purpose of the Council which is to promote tp,e welfare and interests of the entire
community.
Explore our past/ Explorez nptre passe
Discover your future Decouvrez ..}otre avenir
Grand Bay-Westfield . Quispamsis . Rothesay i. St. Martins . Saint John
I
With this in mind, consistent with the bylaw and witij. the support ofthe Council, I will be
taking the following actions; !
.
Rude, offensive or disrespectful behaviou~' at the Council table will not be
tolerated. If I believe that someone has acted or spoken inappropriately I will ask
the Councillor to refrain from that conduct d/or withdraw their remark. If the
Councillor refuses, then subject to appeal tOI the Council, I will rule that person
out of order and I will no longer aCknowled&e the Councillor's light ie request to
speak until the appropriate action is taken. i
.
Likewise impertinent remarks, signage and! disruptive behaviour in the public
gallery will not be permitted. The gallery is a~ailable for members of the public to
observe the proceedings of their Council. i It is not intended as a venue for
individuals to disrupt the proceedings. The ~ylaw (s 4.11 and s 4.12) is clear on
this matter and these provisions will be e4forced so that the activities in the
gallery will not detract Council from the bus*ess at hand.
i
.
The agenda will be followed as prepared ~xcept in exceptional circumstances.
There is ample opportunity for Councillors to submit business items to the agenda
I
in advance so as to allow each member to pliepare for the debate on the matter. I
do not believe that it is appropriate to use $elated provisions of the procedural
bylaw to introduce business items at the l~t minute. This does not allow the
Council to properly prepare for the issueCF) nor does it encourage informed
debate. As a result business items for the age~da must be submitted in advance, as
required by the procedural bylaw, or may o~ly be introduced with a 2/3 vote of
the full Council. Again, with the support ~f Council, I will rule out of order
matters that are put forward or introduced at !the last minute (without the required
2/3 vote) at the Council meeting.
.
With regards to 'business arising from the minutes'. There is no provision for this
agenda item in our procedural bylaw. I have ~ked the Common Clerk to research
this matter in more depth. However, commob sense dictates that this not serve as
a means of introducing new matters to the b~siness agenda. I believe Councillors
need to properly prepare for the items to be idebated and this approach takes that
opportunity away from them. I encourag~ each Councillor to bring forward
matters of concern to the Council as part of tljle regular agenda.
.
Given the perception that distinct groupin&s have formed around the Council
table, with the support of Council, I will be asking the Common Clerk to
rearrange the seating order in the Chamb~r. The seating order was initially
established using a blind draw and a similar ~xercise can be conducted before the
next meeting.
.
I will continue to require Councillors to adhere to the three minute rule, as agreed
by Council, during debate. This requirement does not prevent Councillors from
asking questions of staff but it does eJ1courage constructive and focused
discussion around the Council table.
As for refocusing the Council agenda on community ~ncerns, I am proposing;
,
. That Council agree on an established time to !develop and refine a set of priorities
that focus on the future well being of octr community. With the help of a
professional facilitator, Council can produc~ a longer-term and targeted agenda
that will provide a reference point for develOping our budgets, negotiating with
the other levels of government and providin~ administrative direction during the
next two years.
. The portfolios can continue to serve as an ~nterim means of providing Council
leadership on the agreed upon priorities untj1 a new committee system is put in
place. If some Councillors would like to be! considered for a new portfolio then
Council can deal with this.
I believe that these actions will help to restore ord~ around the Council table, improve
the functioning of the Council and help to better foctis our discussions on the future well
being of our community. '
I can only be effective as presiding officer with the, support of Council and I am asking
for your support this evening.
lly submitted,
Norm MacFarlane
Mayor
(c) corrununicate information and recommend actiqns to Council for the improvement of
the municipality's finances, administration and government,
(d) speak on issues of concern to the municipality Qn behalf of Council, and
(e) perform any other duties conferred upon him or her by this by-law or any Act or by
Council.
11.2 Deputy Mayor ~ appointment - by election
At the first meeting, Council shall elect a member to ~ct as Deputy Mayor for the term of
office of tbe Council. ;
11.3 MayorlDeputy Mayor - absence - inability to al'1t
In the absence or inability of the Mayor and Deputy Mayor to act, Council, by a majority
vote, may appoint any other member to act in the place qfthe Mayor.
11.4 Deputy Mayor - powers. duties
In the absence or inability of the Mayor to act, or if the pffice of Mayor is vacant, the Deputy
Mayor shall act in the place of the Mayor, and while s~ acting, he/she possesses the powers
and shall perform the duties of the Mayor as designated !under the Municipalities Act and this
By-law.
11.5 Councillors - responsibilities - participation .duUes
A Councillor shall;
(a) consider the welfare and interests of the entire ~unicipality when making decisions,
(b) bring to the attention of Council matters that m4Y promote the welfare or interests of
the municipality;
(c) participate in developing and evaluating t~e policies and programs of the
municipality; .
(d) participate in meetings of Council, Council conimittees and any other body to which
he or she is appointed by Council; and .
(e) perform any other duties conferred upon him or her by this or any other Act or by
Council,
11.6 Presiding Officer - duties at meetings
It is the duty of the Presiding Officer to;
1. open meetings of Council by taking the chair and calling the meeting to order;
2. to receive and submit, in the proper manner, all written motions presented by
members; :
3. put to a vote all questions which are regularly1 moved and seconded or necessarily
arise in the course of proceedings; ,
~ 4, determine what motions or amendments are in order, subject to an appeal to
Council, and decline to put any motion or arn$dment before Council which he/she
deems to be out of order or contrary to law;
5. state every question coming before the Comm<Pn Council, announce the decision of
the Common Council on all subjects; .
y 6. follow the rules of procedure and keep the members, when engaged in debate,
within the rules of procedure;
"II 7, observe and enforce on all occasions order an,d decorum among the members and
the public;
8, call by name any member persisting in breach tlf the rules of procedure and, subject
to a majority vote of members present, or~er him/her to vacate the Council
Chamber; .
9. considerproc1amations and announce them to the Council;
10. authenticate by his/her signature, when necessf;lry, all by.laws, contracts and other
documents as required by statute or by~law;
11. respond to Council regarding points of order, when so requested by a member or
members;
16
12. represent and support Council;
13. if he/she considers it necessaf)"because of grav~ disorder, to adjourn the sitting or
suspend the sitting for a time to be named by hinilher.
Section 12
RULES OF CONDUCT-DEBATE
12.1 Speaking - Presiding Officer
The Presiding Officer may answer questions and may if he/she wishes, speak on a question,
take a definite position and endeavor to persuade Courtcil to support that position, while
continuing to chair the meeting.
12.2 Speaking - order - determined - by Presiding Offiqer
When two or more members wish to speak, the Presiding Officer shall name the member who
is to speak fIrst.
12.3 Speaker - recognition. by Presiding Officer .
When a member wishes to speak at a Council meeting he .hall be recognized by the Presiding
Officer before doing so. No member will speak on ant subject other than the subject in
debate.
12.4 Speaking - twice only - exception - Council appro~al
Members shall not speak more than twice on a motic:~n except with the consent of the
Presiding Officer. .
12.5 Speaking - twice - all members heard from ;
No member shall speak a second time unless all membe~s have had an opportunity to speak
once.
12.6 Motion - member making - additional 3 minutes ,
Notwithstanding Sections 12.3 through 12.5 inclusive, t~e member who has made a motion
(other than a motion for an amendment or a procedural t1Iotion) shall be allowed to close the
debate for a maximum of an additional three minutes aftet all other members have been given
an opportunity to speak.
12.7 Speaking - time limitation
A member shall speak for a maximum of three minutes bach time when speaking on a main
motion and three minutes each time when speaking on an~ amendment.
12.8 Question - put through - Presiding Officer
A member may ask a question of a previous speaker only through the Presiding Officer and
the question must relate to the speaker's remarks but, jin any event a member may ask a
question of the Presiding Officer or of staff through the Presiding Officer prior to the motion
being put to a vote.
12.9 Motion. in debate - read - at any time .
Any member may require the motion under debate to be read at any time during the debate.
I(. 12.10 Disturbance - disorderly conduct - prohibited :
No member shall disturb the proceedings of Council ot another member by any disorderly
conduct.
)l 12.11 Insults - offensive words - probibited
No member shall use offensive words or insulting expressions in referring to Council, any
other member, any employee of the City or any member bfthe public.
Il 12.12 Disobedience - rules - Presiding Officer - prohi~ited
No member shall disobey the rules of procedure or derision of the Presiding Officer or of
Council on questions of order or practice or upon the int~rpretation of the rules of procedure.
I
I. 12.13 Disturbance -leaving seat - during vote - prohibited
No member shall leave hislher seat or make any noise :or disturbance while a vote is being
taken or until the result is declared. '
12.14 Interruption - speaker - prohibited - exception.
17
r
4.8 Public meeting. notice
The Clerk must give public notice of the-time and place qf a Regular Council, Committee of
the Whole, Budget Committee of the Whole meeting bl notifying the local media and by
posting notice of the meeting on The City of Saint Jobn website (www.saintjohn.ca) the
Friday before the date of the regular meeting. I
4.9 Public meeting - notice - cancellation- rescheduled:
The Clerk must give public notice of a cancelled or resclieduled meeting or of the change of
time or location by notifying the local media and postingjnotice to the public on The City of
Saint John website (www.saintjolm.ca) at least 24 hours ibefore the date and time on which
the Regular COWlcil, Committee of the Whole, Budget CQmmittee of the Whole meeting was
to have been held.
4.10 Additional - subsequent meeting - majority vote
Council by a majority vote of members present at a! regular meeting of Council may
determine that a subsequent meeting is to be held on a ~ay or at a time different from that
specified in Sections 4.3, 4.6 and 4.7. .
... 4.11 Audience - Council meeting. restrictions
Members of the public who constitute the audience in the Council Chamber during a Council
meeting:
(a) may not address Council without permission of the CO!Jllcil,
(b) shall maintain order and quiet.
(c) shall not interrupt or interfere with the proceedings
(d) shall not display signs or placards
3( 4.12 Public member. expulsion - improper conduct
Any person making personal, impertinent, or slanderqus remarks or who shall become
boisterous while in the Council Chamber or addressing t~e Common Council and refuses to
apologize or withdraw his/her remarks when so directed ~y the Presiding Officer, or willfully
obstructs the conduct of business, and refuses to desist! when called upon to do so by the
Presiding Officer, may be ordered by the Presiding On!icer to leave the Common Council
Chamber for that meeting, and, if he/she refuses to do ~o, he/she may, on the order of the
Presiding Officer, be removed from that meeting. If n~cessary the Presiding Officer shall
seek the appropriate assistance from the Sergeant at Arms or any member of the Saint Jolm
Police Force. He/she, or they, shall carry out all or~ers and instructions given by th~
Presiding Officer for the purposes of maintaining order ahd decorum at the Common Council
meeting.
4.13 Regular Meetings - simultaneous interpretation
Simultaneous interpretation services in both officiallanglJages will be provided at all regular
Council meetings. An inability to provide interpretati~n services will not invalidate the
Council meeting or any proceedings thereat. .
Section 5
SPECIAL MEETING
5.1 Summoned - by Mayor - at any time
The Mayor may, at any time, through the Common Clerk sununon a special meeting of
Council.
5.2 Summoned - by Clerk - petition of Council
The Clerk, upon receipt of the petition of any three mem~ers, shall summon a special meeting
for the purpose and at the time specified in the petition. i
5.3 Notice - 48 hours in advance - requirements
Except as provided in Sections 5.4 and 5.5, the Clerk rtlUst give at least 48 hours notice in
writing, signed by the Mayor or members responsible for calling the special meeting, stating
'.
II
Mayor and Council
June 1, 2006
Re: One Mile House Interchange
y our Worship and Council:
The constmction of the One Mile House Interchange has been identified as a critical
element in Saint John's transportation network. In fact, properties have been purchased
in anticipation of the constmction.
The main estimates in the provincial government's 2006/07 budget do not specifically
identify this project. Under the category of 'Urban Bypasses', $4, 625, 000 is identified
"to provide for the constmction of bypasses in the Fredericton (Route 8), Moncton,
Riverview and Dieppe areas".
It is noteworthy that nearly 6 million dollars went unspent in the previous 'Urban Bypass'
budget.
I believe this project is important to Saint John's economy and must be pursued.
However, I understand that this must also be viewed as a priority of Council and the
greater community.
To this end, I would propose that the city manager provide to counsel a report which
would support this project as a priority for Saint John. It would be expected that input be
sought from the industry and the business community. This report could be available for
Council's upcoming priority identification session.
If this project is ultimately identified as a priority, it should be our goal to seek further
support from the provincial government in this budget year to progress the project.
(received bye-mail)
Stephen Chase
Councillor
June 1,2006
His Worship Mayor Norm McFarlane
And Members of Common Council
Your Worship and Fellow Councillors:
SUBJECT: TOWN HALL FORU M HOSTED BY SAINT JOHN ABILITY ADVISORY
COM M ITTEE
OVERVIEW: Over 50 individuals, along with 4 City Councillors and staff were in
attendance. I would like to thank Mr. Barry Freeze and Mr. Jeff Sparks for organizing
this event as it was one of the largest we have participated in since the inception of
Town Hall Forums.
RESULTS: Many "ability" themes were discussed and need to be examined. They
included:
(a) Inadequacy of audible signals at pedestrian crosswalks and the need for audible
signals at these locations for people with visual impairments,
(b) The lack of time for crossing pedestrian intersections - possible 20 second
audible message. (Areas such as Coburg and Union, Harbour Passage, the foot of King
Street, and Westmorland Road were identified as challenging),
(c) Assessment of sidewalks and the slopes that are often in place to integrate with
the driveway apron and pedestrian crossing areas,
(d) Advocate to Rogers Cable the utilization of interpretation support within their
Common Council broadcast for people who are deaf,
(e) Within all municipal buildings, "visual" emergency/fire communication alarms for
people who are deaf be installed,
(f) Establishment of new municipal by-law that deems mandatory within new
building construction, the addition of visual emergency/fire alarms for people who are
deaf,
His Worship Mayor Norm McFarlane
And Members of Common Council
June 1,2006
Page 2
(g) That winter snow removal from sidewalks is a critical accessibility support for
people with mobility impairments,
(h) As commercial/retail development proceeds, be aware of changes this may
create with respect to pedestrian crossing accessibility.
(i) Clear and prominent identification that City Hall is accessible utilizing Chipman
Hill entrance,
(j) Review accessibility of City Hall washroom,
(k) Enforcement regarding Handicapped Parking spaces.
ACTION: A meeting will be held on June 14 at 3:00 bringing together key senior
City officials and the Saint John Ability Advisory Committee to discuss possible
solutions.
I move that this report be received for information.
Respectfully submitted,
Peter McGuire
Councillor
~ SAINT JOHN
..-
...-/.
1'he City of Saint John
P.o. Box/C.P. 1971
Saint John, N B/N.-B.
Canada E2L4L1
June 7, 2006
www.saintjohn.ca
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Pellow Councillors,
Re: Fiscal Imbalance
At the recent meeting of the Federation of Municipalities, the issue of the fiscal
imbalance between the Provinces and Municipalities was discussed. It is my
understanding that the Province of Quebec has recently struck a 'new deal' with the
municipalities of that Province to address the issue.
The details of this agreement may be of help to our City and Province to address this
matter in our jurisdiction and possibly work towards a 'new deal' in our Province. I
would therefore request the City Manager to obtain the details of this new funding
agreement in Quebec and advise Council of any possible application it may have in
addressing the fiscal imbalance in OUf jurisdiction.
Explore our past/ Explorez notre passe
Discover your future Decouvrez votre avenir
Grand Bay-Westfield . Quispamsis . Rothesay . St. Martins . Saint John
City Hall
15 Market Square
P.o. Box 1971
Saint lohn
New Brunswick
Canada E2l 4Ll
506 658-2800
June 6, 2006
His Worship Mayor McFarlane
and Members of Common Council
Your Worship and Councillors:
City of Saint John
SUBJECT'
SPECIAL MEETING: TEACH IN ON PENSION ISSUES
As a taxpayer, Councillor and Pension Trustee, I have listened to and read some of the
comments in the media regarding pension funding. There is no doubt it is very
complicated, however it is not beyond understanding. Part of the problem associated
with this issue is the very broad statements being made with good intention, but without
the total facts/figures and understanding. Some have used the subject for political gain,
and have made statements without consideration for all concerned; taxpayers,
employee(s) and retirees. It is time to take this out of the political arena and look very
hard at the options presented by the experts in the field and the previous
recommendations made by the City Manager who have a professional obligation to
advise. Trust me, these options are limited and painful to all concerned. I for one want
to move forward to address the problem.
As a result, I wish to propose the following motion.
That Common Council request to meet with the Board of Trustees of the
Pension Plan in an Open Forum, and that the Pension Board be requested to have
available to Common Council, all or some of the experts engaged by the Board,
including if possible, the actuary, the investment advisor, the auditor, solicitor and
medical advisors so as to be able.to respond to the questions of Councillors, and
further;
So as to ensure an effective use of the time of these professionals and to
avoid any attempts at grandstanding, Councillors submit their questions to the
City Manager in advance of the meeting so precise answers can be provided.
That the City Manager be directed to arrange for a suitable location, date
and time for such a session.
Respectfully submitted,
June 13, 2006
Mayor McFarlane and Councillors
Your Worship and Councillors:
Recent flooding in all areas of our City such as Drury Cove, Glen Falls and Glen
Wood reveal that we have serious infrastructure problems to overcome in dealing
with storm water runoff.
There are many contributing factors to flooding and as decision makers we must
work with staff and developers to find solutions for the drainage problems that
exist within our city limits. Each decision we make must be evaluated for both
the positive and negative consequences of that decision. If we fail to properly
plan for new construction and development we will face serious financial
consequences in the area of damage control and restoration. I have spoken with
staff about my concerns and I am in agreement with them that we need a "storm
water policy" to deal with any future and expanded developments in our City.
What impact will a project have on a given area? Items such as cost sharing,
compensation, contributions to compensatory storage, etc. should also be
including in a policy statement.
My motion is to refer this to City staff (Manager) to present to Council a policy to
deal with storm water management as soon as possible.
Respectfully submitted
Ivan Court
Councillor
June 14,2006
His Worship, Mayor Norm McFarlane
And Members of Common Council
Re: Maintenance of the 2xeen space to the entries of our City.
Dear Mayor McFarlane,
"I would make a motion to have City Staff investigate the possibility of City
Workers maintaining the grass areas from the three entrances to our City;
including the median along the entire stretch of Throughway that runs
through the hemi of our city.
Failing this, we ask City Staff to engage a company, pro bono, such as the J.
D. Irving Company, to maintain the sections not currently being done by the
J.D. Irving Company."
As most are aware, the J. D. Irving Company has been maintaining sections
of the Throughway that runs through our City. A very big thank you has to
go out to this Company for the great work they are doing to keep our City
looking as beautiful as it is for the residents and visitors who travel the
Throughway. This would also help Deputy Mayor Hooton and her
committee, Communities in Bloom.
All of this work that the men and women of this company do to make our
City look so great, is almost redundant when the other areas and median
strips are only done once a year by the province. What I am asking Council
to do is to help our community and this company in its effOli to keep our
City be as beautiful as it can. If we do not have the people power to do it
ourselves, then we should be asking this company, or others, if there is
something we need to do so they can complete the work.
Respectfully submitted,
Bill Farren
Councillor, City of Saint John
P.o, Box/C.P. 1971
Saint John, NB/N,-B.
Canada E2L 4L1
www.saintjohn.ca
The City of Saint John
Mayor and Council
June15,2006
Re: Recent Fluoride Chemical Incident
Your Worship and Councillors:
It has been my position that fluoride treatment ofthe municipal water is an unnecessary
expense. I believe the approximately $100,000 dollar expense could better spent
elsewhere in our water supply system. Fluoride is widely available in other dental care
products such as toothpaste and the number of citizens wishing for this practice to
discontinue is growing.
Further, as I had stated in earlier presentations, fluoride is a hazardous chemical which
puts municipal water treatment employees at risk. This is exactly the case recently when
employees were put at risk of exposure to hazardous vapor as a result of an incident
involving the fluoride chemical.
Please note, Dr. Hardy Limeback, Head of Preventive Dentistry, University of Toronto is
firmly opposed to this practice (see attachments).
I move that the City of Saint John discontinue the use of fluoride treatment to the water
supply.
Sincerely
Received bye-mail
Stephen Chase
Councillor
Message
Gormley, Elizabeth
Page 10f3
From: stephen chase [schase@unbsj.ca]
Sent: Thursday, June 15, 2006 1 :12 PM
To: Gormley, Elizabeth
Subject: Emailing: Iimeback
The Urullcrstty of Toronto, Faculty (If Dentistry Hoft
~
i!'1'5 Facu Ity / Resea rch
~l'T,~
Abo'Ul thO' SchCK)ll Academic Programs I AdnllSSions I F<Jlc,ulty ! Res,,,,,rch I Contmumg Ed Alumni I Patient ChrHc into,
Faculty /
Research Faculty Profile - Dr. Hardy Limeback
. Home
· [acuity
Profiles
· Academic
Disciplines
. Dental
Research
Institute
· U ndecgrad_u.ate
Research
Program
6/15/2006
Dr. Hardv Limeback BSc PhD DDS
Association Professor and Head, Preventive Dentistry
Faculty of Dentistry
124 Edward Street
Toronto, Ontario, Canada
M5G 1G6
Phone: 416-979-4929 ext. 4461
Fax: 416-979-4936
hardy, I i meback@utorontO.ca
Current academic / hospital appointments
. Head of Preventive Dentistry, U of Toronto (1994- )
. Chief Dentist, Metropolitan Toronto Homes for the Aged (1988-94)
. Member, Canadian Dental Assoc. Products Recognition Committee (1987
. Chair, Faculty Member Development Committee, the Association of Cana
Faculties (1991-96)
. Board Member, National Institute of Nutrition (1994-96)
. Graduate Co-ordinator, Faculty of Dentistry (1994-98)
Ed ucation
. 1975 - BSc Biochemistry, University of Toronto
. 1979 - PhO Collagen Biochemistry, University of Toronto
. 1983 - DDS University of Toronto
Courses
Undergraduate: 1st, 2nd, 3rd & 4th yr. Preventive Dentistry
(coordinator/lecturer), Clinic instructor (undergraduate and QP program~
Message
Page 2 of3
Graduate I Postgraduate: Etiology and Prevention of Dental Caries
(coo rd i n a to r II ectu re r)
Qualifying Program: Preventive Dentistry (coordinator/lecturer)
External Presentations: Various lectures to practicing dentists, hygien
and the public.
Research interests
. Basic sciences: tooth development, enamel proteins, dentine, bone, fluol
collagen, non-collagenous proteins
. Clinical sciences: caries, risk assessment, geriatric dentistry, preventive
dental fluorosis, enamel defects
Recent publications
Vieira AP, Hancock R, Limeback H, Maia R, Grynpas MD.Is fluoride
concentration in dentin and enamel a good indicator of dental fluorosis?
J Dent Res. 2004 Jan;83(1):76-80. {8bs.tratt}
Brothwell D, Limeback H. Breastfeeding is protective against dental fluor
a nonfluoridated rural area of Ontario, Canada. J Hum Lact. 2003 Nov;l~
(4):386-90. (Abstract)
Vieira A, Hancock R, Limeback H, Schwartz M, Grynpas M. How does flue
concentration in the tooth affect apatite crystal size? J Dent Res. 2003 N
(11) :909-13. (Abstract)
Awards and Honours
. 1984-1989 MRC Scholar
. Member, Pierre Fauchard Academy
Editorships
. Associate Editor of "Fluoride"
Students
PhD students:
. Xia-fai Dai - near completion -dentin mineralization
. Anya Vieira (with Dr. Grynpas)- dental fluorosis and tooth quality- comp
2004
MSc students
. Heather Gingerich (with Dr. David Ridolf, Univ. Waterloo Earth Sciences)
co-supervision- near completion
. Amir Azarpazhooh - ozone and caries reversal
* Presently accepting students for supervision in the area of den1
fluorosis.
6/15/2006
Message
Last updated: May 201 2005
All contents copyright@2004, University of Toronto, Faculty of Dentistry. All rights reserved.
6/1512006
Page 3 of3
Message
Gormley, Elizabeth
Page 1 of 12
From: stephen chase [schase@unbsj,ca]
Sent: Thursday, June 15, 2006 1 :12 PM
To: Gormley, Elizabeth
Subject: Emailing: Iimeback
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6/15/2006
Why I am now officially opposed to adding
fluoride to drinking water
Dr. Hardy Limeback, BSc, PhD, DDS
Associate Professor and Head, Preventive Dentistry
University of Toronto
Toronto, Ontario, M5G-IG6
Fax (416) 979-49.36
Tel(416) 979"4929
E-mail: hardy, l inl~had(@ utoronto ,..;:a
Apri],2000
To whom it may eoncern:
Why I am now officially opposed to adding fluoride to drinking water
Since April of 1999, I have publicly decried the addition of fluoride, especially
hydrot1uosilicic acid, to drinking water for the purpose of preventing tooth decay. The
follO'rving summarize my reasons.
New evidence.for lack of effectiveness ofJllloridation in modern times.
~
I. Modem studies (published in the 1980'S 1990'S)
show dental decay rates are so low in North America
that the effects ofwaterJluoridatiOl1 cannot be
measured. Because of the low prevalence of dental
decay, water fluoridation studies today must be
carefully conducted to correct for mobility of subjects
between fluoridated and non-fluoridated areas, access
to fluoride from other sources, the lack of blinding and
problems with the 'halo' effect. Even when very large
sample sizes are used to obtain statistically significant
results, the benefit of water fluoridation is not a
clinically relevant one (the number of tooth surfaces
saved from dental decay per person is less than one
half). Recent studies show that halting fluoridation will
either result in only a marginal increase in dental
decay which cannot be detected or no increase in
dental decay at a]1.
2. The major reasons for the general de(;lim~Ilftmlthd~;~:ay worldwide, both in non-
tluoridated and tluoridated areas, is the widespread use of fluoridated toothpaste,
improved diets, and overall improved general and dental health (antibioties,
preservatives, hygiene etc).
Message
Page 2 of 12
3. There is now a better understanding ofhowtluoride prevents dental decay. What
little benefit fluoridated water may still provide is derived primarily through tQpieal
mC,!!lS (after the teeth erupt and come in contact with fluorides in the oral cavity).
Fluoride does not need to be_swnllQ\\'cd to be effective. It is not an essential nutrient.
Nor should it be considered a desirable 'supplement' for ('hildren living in non-
fluoridated areas. Fluoride ingestion delays tooth eruption and this may account for
some of the differences seen in the past between fluoridated and non-fluoridated areas
(i.e. dental decay is simply postponed). No fluOlidation study has ever separated out
the systemic effects offluoride. Even if there were a systemic benefit from ingestion of
fluoride, it would be miniscule and clinically irrelevant. The notion that systemic
tluorides are needed in non-fluoridated areas is an outdated one that should be
abandoned altogether,
New evidencefc)/' potential serious harm.from long-term}1twride ingestion.
1. Hydrotluorosilicic acid is recovered from the smokestack s('rubb(~rs during the
production of phosphate fertilizer and sold to most of the major cities in North
America, which use this industrial grade source of fluoride to tluoridate drinking water,
rather than the more expensive pharmaceutical grade sodium tluOlide salt.
Fluorosilicates have neYQxheGntesl(!d for safety in humans. FUlthermore, these
industrial-grade chemicals are contaminated with trace amounts oflleavy metals sllch
as lead, arsenic and radium that accumulate in humans, Incre~\sedJeadJeYels have
been found in children lhing in fluoridated communities. Osteosarcoma (bone cancer)
has been shown to be associated with radium in the drinking water. Long-term
ingestion of these harmful elements should be avoided altogether.
2. Half of all ingested fluoride remains ill the skele:tJ,lJ.sys!em and accumulates with
age, Several recent epidemiological studies suggest that only a few years offluoride
ingestion from tluoridated water increases the risk for hOUGf!:\!ct!!I\;. The relationship
between the milder symptoms of bone fluorosis (jQintp~dnaIldaIthritics..Ym12tQms)
and fluoride aecumulation in humans bas never been investigated. People unable to
eliminate tluoride under normal conditions (l,idJ1i::yjnJPiiJnncI1t) or people who ingest
more than average amounts of water (athletes, diabetics) are mOl'e at risk to be affected
by the toxic effects of fluoride accumulation.
:J. There is a dose-dependent relationship between the prevalence/severity of dental
tluol'()sis and fluoride ingestion. When dental decay rates were high, a certain amount
of dental fluorosis was considered an acceptable . trade off of providing an 'optimum'
dose of 1.0 ppm fluoride in the water. However, studies published in the 1980'S and
1990'S have shown that dental fluorosis has increased dramatically in North America,
Infants and toddlers arc especially at risk for dental fluorosis of the front teeth since it
is dUling the first ~3 years of life that the permanent front teeth are the most sensitive to
the effects offluoride. Children fed formula made with fluoridated tap water are at
higher risk to develop dental fluorosis, A relatively small percentage of the children
affected with dental fluorosis have the more severe kind that requires extensive
restorative dental work to correct the damage. The long-term effect of fluoride
acc.umulation on dentin colour and biomechanics is also unknown. Generalized dental
fluorosis of all the permanent teeth indicates that the bone is a major source of the
excess fluoride. The effect of this excess amount ot'fluoride in bone is unknown.
Whether stress bone fractures occur more often in children with dental fluorosis has
not been studied.
4. A lifetime of excessive fluoride ingestion will undoubtedly have detrimental effects
on a llumber ofbiologiC:,l,L~Ystellls in the body and it is illogical to assume that tooth
enamel is the only tissue affected by low daily doses of fluoride ingestion. Fluoride
activates G-pl'Otein and a Dumber of cascade reactions in the cell. At high
concentrations it is both mitogenic and genQJIIXic. Some published studies point to
fluoride's interference with the reproductivesysterrl, the pi neat gland and thyroid
fllnCtj()D. Fluoride is a proven (~a['dnogen in humans exposed to high industrial levels.
No study has yet been conducted to determine the level of fluOIide that hone cells are
exposed to when fluoride-rich bone is turned over. Thus, the issue oftluoride (~aUsillg
h{we C<lIlcer cannot be dismissed as being a non-issue since carefully conducted animal
and human cancer studies using the exact same chemicals added to our dl'inking water
have not been carried out.
6/1512006
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Page 3 of 12
The issue ofmas.s lu~djc.atiQI! of an unapproved drug without the expressed informed
eonsent of each individual mLlst also be addressed. The dose of fluoride cannot be
controlled. Fluoride as a drug has contaminated most processed foods and bcv(,l"ages
throughout North America. Individuals who are susceptible to fluoride's barmful
effects cannot avoid ingesting this drug. This presents a nle~lic::Q~ll::'gal ttllcl ethical
dilemma and sets water fluoridation apa11 from vaccination as a public health measure
where doses and distribution can be controlled. The rights of individuals to enjoy the
freedom fl"Om involuntary fluoride medication certainly outweigh the right of society to
enforce this public health measure, especially when the evidence of benefit is marginal
at best.
Bascd on the points outlined briefly above, the evidence has convinced me that the
benefits of water fluoridation no longer outweigh the risl\.5. The money saved from
halting water fluoridation programs can be more wisely spent on concentrated public
health efforts to reduce dental decay in the populations that are still at risk and this
will, at the same time, lower the incidence of the haffilful side effects that a large
segment of the general population is currently experiencing because oftbis outdated
plIblk health nl('(\Stlxe.
Sincerely,
Dr. Hardy Limeback BSe PhD (Biochemistry) DDS
Head, Preventive Dentistry
References:
Water fluOlidation less effe<."tive in the late 1980'S and the 1990'S.
Watel'jluoridation cessation studies:
Attwood D, Blinkborn AS. Dental health in SdlOOl ehildren 5 years after water
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Kobayashi S, Kawasaki K, Takagi 0, Nakamura M, Fujii N, Shinzato M, Maki Y,
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Ismail AI, Shoveller J, ~1.ngille D, MaeInnis WA, McNally M. Should the drinking
6/15/2006
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water ofTrul'O, Nova Scotia, he fluoridated? Water fluoridation in the 1990s.
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Decline of caries is not all due to fluoride
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Leverett D. Prevalence of dental fluorosis in fluoridated and nonfluoridated
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7.
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Szpunar SM, Burt BA. Evaluation of appropriate use of dietary fluoride supplements in
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Limeback H, Ismail A, Banting D, DenBesten P, Featherstone J, Riordan PJ. Canadian
Consensus Conference on the appropriate use of fluoride supplements for the
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Rozier RG. The prevalence and severity of enamel fluorosis in North American
children. J Public Health Dent. 1999 FaIl;S9(4):239-46.
Fluoride ingestion delays tooth eruption and may simply delay tooth decay
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Kunze! VW. [Cross-sectional comparison of the median eruption time for permanent
teeth in children from fluoride poor and optimally fluoridated areas], Stomatol DDR.
1976 MaY;5:31O-21.
Virtanen Jr, Eloign RS, Larmas MA. Timing of eruption of permanent teeth: standard
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8.
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Nadler GL: Earlier dental maturation: fact or fiction? Angle Orthod 1998 Dec;68
(6);535-8
Animal stt/dies:
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Oct;73(4):340-62.
Smith CE, Nanci A, Denbesten PK. Effects of chronic fluoride exposure on
morphometric parameters defining the stages of amelogenesis and ameloblast
modulation in rat incisors. Anat Rec. 1993 Oct;237(2):243-S8.
The anti-caries benefit from swallowed fluoride is miniscule compared to
the post-eruptive topical effects.
Heifetz SB, Proskin HM. Serendipitous results of a pilot study: precaution indicated. J
Clin Dent. 1995:6(1):117-9.
Burt, B.A. (1994). Letter. Fluoride, ~7, 180-181,
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Fejerskov 0, Thylstrup A, Larsen 1{,J. Rational use of fluorides in caries prevention. A
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Levine, R.S., (1976). The action of duoride in caries prevention: a review of current
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application]. Rev Beige Med Den!. 1998;53(1):295-:308,
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Community Dent Oral Epidemiol. 1999 Feb;27(l):31-40.
Limeback H. A re-examination of 1~e pre-eruptive and post-eruptive mechanism of the
anti-caries effects of fluoride: is there any anti-caries benefit from swallowing fluoride'?
Community Dent Ora] Epidemiol. 1999 Feb;27(l):62-71,
I
Fluoridated water is associate~ with an increase risk for bone fra(,1:l.lre
,Jacobsen s.J, Goldberg .1, Miles TP, Brody .JA, Stiers W, Rimm AA. Regional variation
in the incidence of hip fracture. US ~hite women aged 65 years and older. JAMA. 1990
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Sowers MF, Clark MK, Jannauscb *L, Wallace RB. A prospective study of bone
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Cooper C, Wickham CA, Barker D.J.! Jacobsen S.L Water fluoridation and hip fracture.
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i
,
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.Jacobsen SJ, Goldberg .J, Cooper cj Lockwood SA. The association between water
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national ecologic study. Ann Epide1)lliol. 1992 Sep;2(.5):617-26
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Jacqmin-Gadda H, Commenges .1}, IDartigues .IF. Fluorine concentration in drinking
water and fractures in the elderly. ~A. 1995 Mar 8;273(10):775-6.
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Hillier S, Inskip H, Coggon D, CooI1er C. (1996) Water fluoridation and osteoporotic
fracture, Community Dent Health ~uppl 2:63-8
,
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Karagas MR, Baron ,lA, Barrett JA,I,Jacobsen &1. Patterns offracture among the United
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I
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Papadimitropoulos EA, Coyte PC, ~osse RG, Greenwood CE. Current and projected
rates of hip fractme in Canada. CMM. 1997 Nov 15;157(10):1357-63.
I
Feskankh D, O\\lUSlI W, Hunter DJl Willett W, Ascherio A, Spiegelman D, Morris S,
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forearm fractmcs in women. EPiderliOlogy. 1998 Jul;9(4):412-6.
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Al1olio B, Lehmann R. Drinking wa~er fluoridation and Exp Clin Endoclinol Diabetes.
1999:107(1): 1,2-20. .
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(8):817-24. I
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Hillier S, Cooper C, Kellingray S, R11ssell G, Hughes H, Coggon D. Fluoride in drinking
water and risk of hip fracture in tb UK: a case-control study. Lancet. 2000 Jail 22;355
(9200):265-9. ,
i
i
1<1uorosilicates, lead, arsenic, radium and other h~lrIIlful contaminlmts in
our fluoridated water are toxif
I
Denzinger HF, Konig I-I.J, and Kru~er GE 1979 No. 103 sept/Oct issue of 'Phosphorus
and Potassium' '1
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Lyman GH, Lyman CG, .Johnson W jAssociation of leukemia with radium groundwater
contamination. JAMA. 1985 Aug 2;154(5):621-6.
Finkelstein MM. Radium in drink.in~ water and the risk of death from bone cancer
among Ontario youths. CMA.J. 19941 Sep 1;151(5):565-71.
Moss ME, Kalilarck MS, Anderson If A, Hanrahan LP, Remington PL. Osteosarcoma,
seasonality, lll!ld environmental fact ['8 in Wisconsin, 1979-1989. Arch Environ Health.
1995 May-Jun;50(3):235-41.
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Maki-PaakkaJ1len J, Kurttio P, PaldJ'A, Pekkanen J, Association between the
clastogenic effect in peripheral Iym hocytes and human exposure to arsenic through
drinking water. Environ Mol Mutag n. 1998;32(4):301-13.
Masters RD, <;oplan M. Water treat ent with Silicofluorides and Lead Toxicity. Intern
J of Environ Studies 199956:435-4 9
Moss ME, LaJ1lphear HP, Auinger P. sociation of dental caries and blood lead levels.
JAM1\. 1999 ,lun 23-30;281(24):22 4-8,
Kurttio P, Pukkala E, Kahelin II, Al vinen A, Pekkanen.J. Arsenic concentrations in
well water and risk of bladder and idney cancer in Finland. Environ Health Pel'spect.
1999 Sep;107(9):705-10. I
Finkelstein MM. Silka, silic.osis, an~ lung euncer: a risk assessment. Am J Ind Med.
2000 Jul;38(a):8-18. I
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Saffiotti U, Ahmed N. Neoplastic trlnsformation by qUUltz in the BALB/3T3/A31-1-1
cell line and the effects of associate~ minerals, Teratog Carcinog Mutagen. 199515
(6):339-56. :
I
Studies reporting a link betwetn fluoride and cancer
-some show q lrendfor' increase ritk of bone C(lTIcer in JjOHng males
I
Zeiger E, Shelby MD, Witt KL. Genttic toxicity oftluoride. Environ Mol Mutagen.
1993;21(4);309~18. I
Cohn, P.D. (19. 92). "An EPidemiolJic Report on Drinking Water and Fluoridation".
New .Jersey Department of Health, ~renton, NJ.
Bucher JR, l~ejtmancik MR, Toft J~ 2d, Persing RL, Eustis 8L, Haseman ,TK. Results
and eondusi(jlllS of the National To icology Program's rodent carcinogenicity studies
with sodium fluoride. Int J Cancer. 1991 JuI9;48(5l:733-7,
Hoover RN "~;1\Joridatioll of Drinld Ig Water and Subsequent Cancel' Incidence and
MOltality" In Review of Fluoride: enefits and Risks, Report ofthe Ad Hoc Committee
on Fluoride of the Committee to C ordinate Environmental Health and Related
Programs. US Public Health Servic ,pp EI-E51.
Tohyama E. Relationship between rlloride concentration in drinking water and
mOltality rate from uterine (~ancer n Okinawa prefecture, Japan. J Epidemiol. 1996
Dec;6(4):184i-91.
Lee JR. ",uurid.non and Bone c+ec. Fluoride '993;26(2)'79-82
Yiamouyiannis JA. Fluoridation a1d cancer: The biology and epidemiology of bone and
oral cancer related to fluoridation. Fluoride 1993;26(2):83-96.
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Galanti MR, Sparen P, Karlsson A, timeliUS L, EkbomA. Is residence in areas of
endemic goiter a risk factor for thY~id cancer'? Int J Cancer. 1995 May 29;61(5):615-21.
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Grandjean P, Olsen JIl, Jensen OMl Juel K. . Cancer incidence and mortality in workers
exposed to fluoride. J Natl Cancer Ihst. 1992 Dec 16;84(24):1903-9.
Tsutsui T, Ide K, Maizumi Il. Indue ion ofullscheduled DNA synthesis in cultured
human oral keratinocytes by sodiu 1 fluoride. Mutat Res. 1984 MaY;140(1):43-8
Aardema MJ, Gibson DP, LeBoeuf. A. Sodium t1UOl'ide-induced chromosome
aberrations in different stages ofth cell cycle: a proposed mechanism. Mutat Res.
1989.Jun;223(2):191-203,
Scott D, Roberts SA. Extrapolation rom in vitro tests to human risk: experience with
sodium fluoride clastogenicity, Mu at Res. 1987 Sep;189(1):47-SS
Publications arguing against t e link between fluoride and cancer. Why?
-jailure to recognize in most cases hat hydrofiuosilicic acid (and its radium and
arsenic contaminants), not pure s diumflu01"ide, was used to jluot"idate walm"
-the increase in risk from 1 ppmfh oridated water for all c(mcers is 10wJor
osteosa,'comas, it is extr'emely low but it shOllld still be detectable witll sufficient
sample sizes
Chilvers C. Cancer mortality and fl ol'idation ofwatc[' supplies in 35 USA cities. Jnt J
Epidemiol198ai12(4):397-404.
Shupe JL, Bruner RH, Seymour .JL Alden CL. The pathology of chronic bovine
fluorosis: a review. TaxieD! Pathat. 992;20(2):274-85; discussion 285-8.
Freai SC, Gaylor DW. lnternationa trends in the incidence of bone caneer are not
related to drinking water fluoridati n. Cancer 1992;70(3):611-618.
Clemmesen ,J. Alleged association etwcen altifidal fluoridation of water supplies and
cancer: review. Bull. WHO 1983;61 5):871-883.
Cook-Mm;affari P, Doll R. Fluorida ion of Water Supplies and Cancer Mortality 2.
Mortality Trends After Fluoridatio . J Epidemiol Community Health 1981;35(4):233-
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Doll R, Kinlen L. Fluoridation ofw tel' and cancer mortality in the U.S.A Lancet 1977;1
(Jun):130Q-1302,
Griffith GW. Fluoridation and Can Cl' Mortality in Anglesey Wales Uk. .1 Epidemiol
ConwHmity Health 1985;39(3):22 -226.
Kinlen L, Doll R. Fluoridation of ater Supplies and Cancer Mortality:). a
Reexamination of Mortality in Citi s in the Usa. .J Epidemiol Community Health
1981:35(4):2:39-244.
Hoover RN, McKay FW, Fraumeni JEJ. Fluoridated drinking water and the occllrrence
of cancer, J Nfl 11 Cancer lnst 1976'57(4):757-768.
Walker AR, Cleaton-Jones PE, Ric ardson RD. Fluot'idation and Cancer. SAIl' Med ,J
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Jackson RD, Kelly SA, Noblitt lW, hang W, Wilson ME, Dunipace AJ, Li Y,
Katz BP, Brizendine EJ, Stookey G Lack of effect oflong-tenn fluoride ingestion on
blood chemistry and frequency of s' tel' chromatid exchange in human lymphocytes.
Environ Mol Mutagen. 1997;29(3): 65-71.
Fluoride is neurotoxic
Hu YH, Wu ss. Fluoride in cerebro pinal fluid of patients with fluorosis. ,J Neurol
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Holland, R.I. Fluoride inhibition of protein synthesis. Cell Bio!. lilt. Rep. 1979 3:701-
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Jape RS. Modulation of phospho in sitide hydrolysis byNaF and aluminum in rat
cortical slices..J. Neurochem. 1988 1:1731-1736.
Kay AR, Miles R, Wong RKS. Intra ellular fluoride alters the kinetic properties of
calcium currents facilitating the in .stigation of synaptic events in hippocampal
neurons. J. NeuroscLl986 6; 2915- '920.
Varner JA, Jensen KF Isaacson RL. Toxin-induced blood vessel inclusions caused by
the chronic administration of alum num and sodium fluoride and their implications for
dementia. Ann. N.Y. Acad. Sei. 199 825: 152-166,
Mullenix PJ, Denbesten PK, Schuni I' A, Kernan WJ. NeUl'otoxicity of sodium fluoride
in rats. Neurotoxicol Terata!. 1995 ar-Apr:17(2): 169-77.
VarnerJA, Jensen KF, Horvath W, saacson RL. Chronic administration of aluminum-
fluoride or sodium-fluoride to rats' II drinking water; alterations in neuronal and
cerebrovascular integrity. Brain Re. . 1998 Feb 16;784(1-2):284-98.
Varner JA, Horvath W.J, Huie CW, aslund HR, Isaacson RL. Chronic aluminum
fluoride administration. I. Behavio al observations. Behav Neural BioI. 1994 May;61
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Zhao LB, Liang GE, Zhang DN, W XR. Effect of high fluoride water supply on
children's intelligence. Fluoride 19 629: 190-192.
Lt, XS, Zhi JL, RO. Effect offluorid exposure on intelligence in children. Fluoride
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Luke JA. Effect of fluoride on the p ysiology ofthe pineal gland, CariesResearch 1994
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Baham'or rlOt affected byj1uoride?
Morgan L, Allred E, Tavares M, Bel inger D, Needleman H. Investigation of the
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Fluoride affects reproduction
Dominguez L, Diaz A, Fornes MW, ayorga 1.8. Reagents that activate GTP-binding
proteins trigger the acrosome react on in human spermatozoa. Int J Andro!. 199.5
Aug;18(4):z03-7.
Hoffman DJ, Pattee OH, Wiemeye SN. Effects of fluoride on screech owl
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Ecke:rHn, R.H., Maylin, G.A., Krook 1", and Carmichael, D.T. Cornell Ameliorative
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Narayana MV, Chinoy N.J Reversibl' effects of sodium fluoride ingestion on
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Messer HH, Armstrong WD, Singer 1.. Fertility impainnent in mice on a low fluoride
intake. Science. 1972 Sep 8;177(52): 93-4
Haesungcharcrn A, Chulavatnatol . Inhibitors of adenylate cydase from ejaculated
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Susheela AK, Jethanandani P. Circ lating testostemne levels in skeletal fluorosis
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Nofluoride e.ffect on reproduc!ion
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fluoride Poult Sci 1982 Jan;61(1):5' .6
Fluoride can affect thyroid hormon .s and, therefore, many other organs
Susa M. "Het~rotI'imeI'ic G proteins as fluoride targets in bone (Review). Int J Mol Med
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Caverzasio J, Palmer G, Suzuki A, njour JP. Mechanism of the mitogenic effect of
fluoride all osteoblast-like cells: evi ences for a G protein-dependent tyrosine
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Susa M, Standke GJ, Jeschke M, R hner D. Flttoroaluminate induces pertussis toxin-
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Gorlitzer von Mundv. Einfluss von luor und Jod auf den Stoffwcchsel, insbesondere
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May W. Antagonismus zwischen Jo und Fluol' im Organismus. KIin Wochenschr
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May W. Beha~.; dlung der Hypothyr sen einsch. lieBlich des schweren genuinenMorbus
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Eckerlin, R.III.,Maylin, G.A., and KI ok, L. Cornell Vet. 76403-404 (1986). Milk
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Balabolkin MOC, Mikhailets ND, Lob vskaia RN, Chernousova NY. [The
interrelation~hip ofthe th}Toid an immune statuses of workers with long-tern1
fluorlne expoful'e]. Tel' Arkh. 1995; 7(1):41-2.
Krishnamachrri KA Skeletal tluoro is in humans: a review of recent progress in the
understandil1jg of the disease. Prog ood NutI' Sci 1986;10(3-4):279-314
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Descnsitizati~n of adenylate eyclas
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in Chinese hamster ovar)' cells transfected ""ith
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]'1uoride en;ters the placenta a d may cause birth defects
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Malhotra A, tewari A, Chawla lIS, auba K, Dhall K. Plaeental transfer oftluoride in
pregnant women consuming optim llll fluoride in drinking water. J Indian Sac Pedod
Prev Dent. 1993 Mar;n(l):l<{
I
Armstrong WD. Singer L, Makows i EL Placental tnmsfer of fluoride and calcium. Am
J Obstet Gynhcal. 1970 Jun 1;107\ ):432-4,
Erickson JD.:Fluoridation and Do n Syndrome. J Dental Res s8a 1979;228.
I
Erickson JD.jDown Syndrome, Wa er Fluoridation, and Maternal Age. Teratology
1980;21(177-~80).
I
Gupta SK, G~tpta RC, Seth AK, Ch urvedi CS. Increased incidence of spina hifida
occult a in fluorosis prone areas. A a Paediatr ,Jpn. 1995 Aug;37(4):503-6.
I
Fluoride m~y affect the immu e system
Loftenius A, .f\.ndersson B, Butler ,J Ekstrand ,J. Fluoride augments the mitogenic and
antigenic response of human bloo lymphocytes in vitro. Caries Res. 1999;;)3(2):148-
55.
Gutierrez J, ~icbana J, Ruiz M, Ca tillo A, Gomez JL. Action of sodium fluoride on
phagocytosi~ by systemic polymor honudear lcucocytes. ,J Dent. 1994 Oct;22(5):279-
82. :
I
Sutton PIt I~ the ingestion offluo 'de an immunosuppressive practice? Med
IIypotheses_11991 MaY:3S(I) :1-3,
Spittle B. AllFrgy and hypersensiti ity to fluoride. Fluoride 1993 26: 267-273.
I
Gabler WL, Mugrditchian M, Crea er HR, Bullock WW. Effect of fluoride on
movement of concanavalin A-acee tor molecules of human neutrophils. Inflammation.
6/15/2006
Message
Page 12 of 12
1989 Jlln;13(~~);317-28.
Gabler WL, deamer HR, Bullock '. Fluoride activation of neutrophils: similarities
to formylmetljionyl-leucyl-phenylal nine. Inflammation. 1989 Feb;13(1):47-S8.
Gabler WL, mmter N. Inhibition of uman neutrophil phagocytosis and intracellular
killing of yeast cells by fluoride. Arc Oral BioI. 1987;32(5)=363-6
,
Gomez-lTbric ~L, Liebana.T, Gutie z J, Castillo A In vitro immune modulation of
polymorphon(lClear leukocyte adhe iveness by sodium fluoride. Eur J CUn Invest. 1992
Ol1:;22(1O):6~9-61
I
Lewis A, Wils?n CWo Fluoride hype sensitivity in mains tap water demonstrated by
skin potentiallchanges in guinea-pi s. Med Hypotheses. 1985 APl';16(4):397-402
I
Hirano S, An.4o M, Kanno S. Inflam 1atory responses of rat alveolar macrophages
following exp?sure to fluoride. Arc! Toxieol. 1999 Aug;73(6):31O-5.
O'Shea ,JJ, Ur~ahl KB, Luong HT, used TM, Samelson LE, Klausner RD. Aluminum
fluoride indm!es phosphatidylinosit 11urnover, elevation of cytoplasmic free calcium,
and phospholjyla1io. n. of the T cell a tigen receptor in murine T cells. J Immunol. 19B7
No\' 15;139(1Q):346:3-9
Gutierrez J, 4ebana ,J, RuizM, Cas ilIo A, Gomez .JL. Action of sodium fluoride on
phagocytosis j)y systemic polymorp oIll.lclear leucocytes. J Dent. 19940ct;22(5):279-
82,
Fluoride Actibn Network 1 802-35 -0999 linfo(j{,f1IJ(lxidl'111,;'I't,PCg
I
6/15/2006
City Hall
15 Market Square
P.o. Box 1971
Saint lohn
New Brunswick
Canada E2L 4 Ll
June 19, 2006
His Worship Mayor McFarlane and Fellow Councillors:
Your Worship and Councillors:
City of Saint John
SUBJECT: UPDATE ON STAC COMMITTEE INITIATIVE
I would like to take this opportunity to report to Council as your STAC representative.
Given recent safety concerns regarding needle disposal, I felt this was the appropriate
time to bring Council up to date with the leadership role ST AC has taken regarding this
issue.
STAC or Sex Trade Action Committee is a community based committeej committed to
developing a "harm reduction strategy" for the general public, sex trade workers,
businesses and customers of sex trade.
Committee members represent the following organizations:
Saint John Police Force
AIDS Saint John
Public Health
Ridgewood Addiction Services
Sisters of Charity
Coverdale
UNB
81. Thomas
STREE (Sex-trade research in NB)
The Village Residents
Pharmacist (NB Pharmaceutical Society)
Community Mental health
Homeless Women's Shelter
· Safe Spaces
Community Health Centre
Common Council
As you can see from this comprehensive and broad representation, Saint John sees this
as a very important piece of our community's total health and well being.
Report to Common Council
Page 2
Subject: Update on STAC Committee Initiative
The following is an excerpt from an e~mail sent to me from:
Gayle MacDonald, PhD
Professor,
Sociology
St. Thomas University
"In the three cities we interviewed sex workers, it was
clearly Saint John that had the most positive community
presence in terms of addressing the needs of sex workers.
STAC was created by the community, who joined with
Coverdale and AIDS Saint John to seriously consider all
aspects of the sex trade and its effects on sex workers,
business owners, neighbourhood associations, police,
community advocates and health workers.
As Dr. Jeffrey[UNBSJ] and I indicated in our presentation to the
Parliamentary Sub-Committee on Solicitation Laws in
February 2005, we thought the STAC was a model that could
be recommended nationally. In no other jurisdiction here
in the Maritimes did we see a community group so committed
to social justice, so dedicated in their efforts to
seriously address all aspects of sex workers' fives and so
willing to listen and to respect very different points of
view on this issue. "
As your representative on ST AC, I can not emphasize enough the transparent and
cooperative approach taken by all committee members but most notably the chair Julie
Dingwell, Inspector Bill Reid and Constable Jim Fleming. They have demonstrated
leadership, commitment and dedication to difficult and at times unpalatable issues of
our society.
It has been determined and established that a large percentage of sex trade workers
are involved in the "sex trade" to support a drug habit. More specifically an intravenous
drug habit hence the connection to the discussion surrounding "needle disposal"
STAC member, Danny Jardine discovered a wonderful project happening in Calgary
which addresses the issue of public needle disposal.
Report to Common Council
Page 3
Subject: Update on STAC Committee Initiative
Yellow Box Needle Safety Project Backgrounder
'The unsafe disposal of needles and
condoms, which results from intravenous drug
use and the sex trade, poses serious health
risks to anyone who come into contact with
these objects. Since this debris is being found
in schoolyards, playgrounds and public parks,
several Calgary-based organizations and
agencies have come together to educate
children, parents, outdoor staff and the
community at-large about the dangers of used
needles.
In an effort to address this problem, the
Calgary Fire Department, the lead
organization in this initiative, has developed
and introduced a needle disposal box to
encourage proper disposal of used needles.
As part of this pilot project, the Fire
Department has refurbished Canada Post
mailboxes. Painted bright yellow, these new
disposal units are being placed at various
locations throughout the city"
STAC Chair, Julie Dingwell has had informal discussions with Region 2 to pilot a couple
of boxes in the uptown area. Recent events such as needles at apartment buildings on
Roxbury Drive, needles in the St. Stephen area, North End and most recently in
Rainbow Park has led to the suggestion that we need to make needle disposal available
across the entire Health Region.
If the boxes were distributed throughout the Region, it would eliminate the stigma of
singling out a particular neighbourhood as one used by drug users. It would be the
Region caring about everyone's safety.
There are currently 2 community groups very interested and impacted by this issue. The
Village Association and South End Area Community Action Team and both have
indicated a desire to be part of the conversation.
As an aside, I would like Council to be aware of the immediate focus and action Leisure
Services have taken with respect to Rainbow Park. Inspections are being done every
morning at 8 am. So far there have not been any further findings. Staff is being trained
Report to Common Council
Page 4
Subject: Update on STAC Committee Initiative
on handling needles because there is a special procedure that needs to be followed
when handling disposed needles.
RECOMMENDATION:
I move that Mayor McFarlane on behalf of the Common Council of the City of Saint
John write a letter of support for the efforts of STAC to Region 2 with regards to
implementing a regional approach for street needle disposal.
Respectively submitted,
~d~~
DEPUTY MAYOR MICHELLE HOOTON
P.O. Box/C.P. 1971
Saint John. NB/N.-B.
Canada E2L 4L1
www.saintjohn.ca
The City of Saint John
Mayor and Council
Re: Canada - USA Stamp
June 15, 2006
Your Worship and Council:
At the request of John Mackenzie, an official with Canada Post, I would like to share
with you this special stamp. He believes, and I agree - this stamp has some strong
implications for tourism.
I move Council request staff to investigate opportunities for the use of this stamp in our
efforts to promote tourism.
Sincerely,
Received bye-mail
Stephen Chase
June 15, 2006
To Mayor and Council:
Canada Post has issued this souvenir sheet in partnership with the United States Postal Service
to com memorate the 1606 voyage of Champlain to our shores. Locally we feel that this souvenir
sheet reflects the close relationship between Canada and the US. In a time of tightening borders
and dealing with threats of terrorism to offer a symbol such as this to US passengers visiting
Saint John would demonstrate our warm welcome as a friendly neighbor. This past weekend
Saint John hosted the Atlantica conference which further demonstrates the connection we have
with the eastern US states.
Our Samuel de Champlain souvenir sheet is a collectable item and a limited edition. It could be
used as there are two US stamps that the visitors can use on their return home and two Canadian
stamps for their use while visiting Canada or it would make a great souvenir.
In 1606 Champlain made his voyage to the eastern seaboard and you can offer a piece of this
history to cruise ship passengers.
Thank you for your consideration in this endeavor.
(Received bye-mail June 15,2006)
Sue MerritVJohn MacKenzie
Canada Post
653~5346f721-0844
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M& C 2006 - 144
June 1, 2006
His Worship Mayor Norm McFarlane
& Members of Common Council
y our Worship and Members of Council,
SUBJECT:
CONTRACT NO. 2006-16: ASPHALT CONCRETE RESURFACING - 2006
BACKGROUND
The 2006 General Fund Operating Budget for Municipal Operations & Engineering and the
General Fund Transportation Capital Program include a provision for the resurfacing of a number
of streets in the City. This is an annual program to upgrade and maintain deteriorating street
surfaces under the maintenance and capital resurfacing programs.
This contract includes all work associated with the resurfacing ofa total of23 streets or segments
of streets. This work consists generally of the supply of all necessary labour, materials and
equipment for the placement of approximately 13,113 tonnes of mix type "D" asphalt concrete and
4 7,990 m2 of asphalt cold milling, along with the adjusting and rebuilding of existing catch basins
and manholes. Also included in this contract is the installation of approximately 2,000 lineal meters
of concrete curb and other related work.
TENDER RESULTS
Tenders closed on May 31, 2006 with the following results:
1. Classic Constmction Ltd. $ 2,056,450.00
Saint John, N.B.
2. Lafarge Canada Inc. $ 2,161,297.43
Saint John, N.R
3. Debly Enterprises Ltd. $ 2,293,420.00
Saint John, N.B.
The Engineer's estimate for the work was $1,926,952.50.
M & C 2006-144
June 1, 2006
Page 2
ANALYSIS
The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff are of the
opinion that the low tenderer has the necessary expertise and the resources to perform the work.
FINANCIAL IMPLICATIONS
This contract involves work that is to be charged to various operating and capital budgets. Assuming
award of this contract to the low tenderer, an analysis has been completed which includes work that will
be performed by City forces and others.
A review of the low tender was also completed to determine why there was a variance between the
lowest tendered price and the Engineer's estimate. This variance can be mainly attributed to a slightly
higher than expected unit price on asphalt concrete. The analysis concludes that a total amount of
$1,761,000.00 was provided in the various budgets and the projected completion cost of the projects
included in this contract is estimated to be $1,872,016.32, including the City's eligible H. S. T. rebate - a
$69,592.80 negative difference in the General Fund Transportation Capital Program and a $41,423.52
negative difference in the General Fund Operating Budget. Adjustments will be made to certain projects
within this contract to ensure the budget envelopes are not exceeded.
RECOlVllVlENDA TION
It is recommended that Contract No. 2006-16: Asphalt Concrete Resurfacing - 2006, be awarded to the
low tenderer, Classic Constmction Ltd., at their tendered price of $2,056,450.00 as calculated based
upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
Respectfully submitted,
J. M. Paul Groody, P .Eng.
Commissioner
Municipal Operations & Engineering
Terrence L. Totten, F.c.A.
City Manager
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REPORT TO COMMON COUNCIL
M & C - 2006-142
Cil:y of Sol.!jlt J[)hn
2 June 2006
His Worship Norman McFarlane
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Tender for Traffic Signal Materials
BACKGROUND:
Each year the City of Saint John calls a tender for the supply of traffic signal
materials.
The purpose of this tender is to provide the City with new equipment to be used to
replace and upgrade older units presently in service and as new installations are
required.
ANALYSIS:
Five companies responded to the City's tender call by submitting bids.
Staff of Materials & Fleet Management has reviewed the tenders, with Municipal
Operations, and have found them all to be complete in every regard.
A copy of the bid summary is enclosed for Council's consideration.
Council will note, as you review the enclosed summary, that staff is recommending
the lowest price bid.
Page Two
FINANCIAL IMPLICATIONS:
The total cost for new traffic signal material, if awarded as recommended, will be
$77,849.42 plus tax.
Funds in the amount of $17,694.38 are available in the Newman Street -
Transportation Capital Budget, while the remaining funds are included in the 2006
Operating Budget.
RECOMMENDA TION:
It is recommended that the tenders, in the amount of $77,849.42, plus tax, for the
supply of traffic signal materials be awarded each bidder as indicated on the enclosed
summary of bids.
Respectfully submitted,
David Logan, CPPB
Purchasing Agent
Andrew Beckett, CA
Commissioner of Finance
T.L. Totten, FCA
City Manager
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REPORT TO COMMON COUNCIL
n~'y c>f 5~ 1n l: J () t. rl
M & C - 2006-146
2 June 2006
His Worship Norman McFarlane
and Members of Common Council
Your Worship and Councillors:
SUBJECT: Tender 2006-082701 T - Roofing Repairs - St. Patrick Pedway
BACKGROUND:
As a part of the preparation of the 2006 Capital Budget for facilities maintenance,
recognition was given for repair of a section of roof on the St. Patrick Street Pedway.
After a recent inspection of the roof, it was discovered that there were actually three
areas now in need of repairs. Tenders for this project closed Wednesday, May 31,2006.
ANALYSIS:
Two companies responded to the City's tender call by submitting bids.
Staff of Materials & Fleet Management and Building and Technical Services have
reviewed the tenders, and have found them both to be complete in every regard.
A copy of the bid summary is enclosed for Council's consideration.
FINANCIAL IMPLICATIONS:
The total cost to repair three sections of roof at the St. Patrick Street pedway, if awarded
as recommended to the low bidder, will be $32,430.00 plus tax.
Funds in the amount of$15,000.00 are available in the Facilities Capital Budget, while
the remaining funds are included in the 2006 operating budget.
Page 2
RECOMMENDA TION:
It is recommended that the tender, in the amount of $32,430.00, plus tax, for roofing
repairs at the St. Patrick Street Pedway be awarded to the low bidder Atlantic Roofers
Limited as indicated on the enclosed summary of bids.
Respectfully submitted,
David Logan, CPPB
Purchasing Agent
Andrew Beckett, CA
Commissioner of Finance
T.L. Totten, FCA
City Manager
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REPORT TO COMMON COUNCIL
June 5,2006
City of Saint John
His Worship Mayor Norman McFarlane and
Members of Common Council
Your Worship and Councillors:
RE: Long-Term Financial Outlook
INTRODUCTION
During the 2005 Budget preparation process all City Departments, Boards,
Agencies and Commissions were asked to prepare and submit detailed estimates
for a three year period 2005-2007. During the 2006 Budget process the
previously submitted estimates were refined and Council was presented with a
2006 Operating Budget and a preliminary Budget for 2007.
The purpose of this report is to discuss a number of items which have arisen since
the preparation of the preliminary 2006 Operating Budget which will challenge
the City's ability to maintain its current tax rate. In addition staffwill present a
longer term overview ofthe City's financial picture.
2007 OPERATING BUDGET
In December of 2005 Common Council was presented with a preliminary estimate
of the 2007 Operating Budget. Staffhas revised these estimates to reflect recent
requests for funding and other factors based on actual operating results to date.
These revised estimates are attached as Appendix A.
As can be seen from the attaclunent the preliminary estimates result in a property
tax rate of $1.899 an increase of 10.4 cents or 5.79%. Included in these estimates
are some significant changes from the 2006 Budget year including the following
items.
City of Saint John
Long Term Financial Outlook
June 5th, 2006
I. Pension Plan funding - the estimates include provision for
$1,550,000 to expense a portion of the funding required and paid for
the years 2004-2006. In addition there is provision for funding
required in 2007 in the amount of$3,638,000.
2. Police Commission - estimated costs associated with the addition of
personnel as requested by the Police Commission during the 2006
Budget process are included in the 2007 preliminary budget amounts.
3. Road maintenance - the preliminary 2007 estimates include
provision for increasing the amount of money allocated for the asphalt
resurfacing program. This is part of a long-term plan prepared by
Municipal Operations showing the resources required to properly
maintain the City's road network.
4. Capital from Operating - the amount allocated for capital has been
increased in accordance with the City's long-term financial plan aimed
at reducing the City's dependence on debt financing for "recurring"
capital expenditures.
It is significant to note that the collective agreement with CUPE Loca118 (outside
workers) expires on December 31,2006, CUPE Local 61 (police) expires on June
30,2007 and IAFF local 771 (firefighters) expires on June 30, 2007. The police
agreement is of particular concern as wage settlements in other jurisdictions have
been quite high leaving the City's pay scale significantly behind comparative
communi ti es.
BEYOND 2007
Over the past several years staffhas been using a model for looking at the City's
financial picture over a fifteen to twenty year timeframe. The principal driver
behind the original development ofthis model was the goal of reducing the City's
reliance on debenture financing for its ''recuning'' capital expenditures.
Recurring Capital Expenditures
The City's current capital program is made up largely of projects that are needed
to maintain existing assets. The City has an extensive array of services supported
by a variety of infrastructure, facilities and equipment. These capital assets
require an on-going investment to ensure that the City sustains its ability to
provide services efficiently and effectively. This importance oHhis type of
investment was clearly articulated in the Operational Review Report presented by
Chartwell Inc.
Page 2
City of Saint John
Long Term Financial Outlook
June 5th, 2006
The impact of not making these types of investments is typically not seen in the
short-tenn however over time infrastructure will deteriorate and the costs
associated with restoring will far exceed the cost of properly maintaining the
assets in question.
The investments required for these recurring capital items are significant and will
be needed annually if service levels are to be maintained. Staff has previously
estimated this recurring capital funding requirement at approximately $14.5
million per year. In the Operational Review~ Chartwell Inc. came up with amounts
of a similar magnitude.
Rather than being incorporated in the Fiscal Services area of the City's Operating
Budget these investments need to be properly incorporated into the on-going costs
associated with each of our services so that Council and the Public are in a proper
position to evaluate the services and to determine allocation oflimited resources.
Since 2003 the City has been able to make some significant initial steps in this
regard. The City's budget now incorporates a full costing model for both fleet
and corporate computers at the Departmental level. Through this model operating
departments are charged both the cost of maintaining these assets as well as a
charge for timely replacement. In addition since 2003 the City's Operating
Budget has provided for the full cost of our labour rather than requiring borrowing
funds through our capital programs to pay for some of our labour costs. Finally
there has been an increased amount allocated to recurring capital expenditures in
the City's Operating Budget.
In total these actions have resulted in approximately $3.8 million dollars of
recurring capital expenses being incorporated into the City's proposed Operating
Budget for 2007. The goal ofthe long-term plan is to slowly raise this amount to
the sum required to cover our recurring capital. It is currently estimated that this
will achieved by 2020.
Long-Term Issues
The results of the financial modeling are presented in Appendix B. Aside from
dealing with the City's recurring capital requirements the long-term financial
model brings to light a number of significant points that Common Council should
consider.
1. Unconditional Grant funding:
Over the past few years the Province has been increasing the amount paid
to the City by approximately 2% per year. The amount to be paid by way
of the Unconditional Grant has been committed through to and including
the 2008 fiscal year. There is no indication as to what action will be taken
after that time.
Page 3
City of Saint John
Long Term Financial Outlook
June 5'h, 2006
2. Alternative Sources of Revenue:
The on-going need for an unconditional grant from the Province simply
highlights the fact that the services provided by the City cannot be
properly funded by property taxation and user fee revenues alone.
As can be seen in Appendix B given the City's currently limited sources of
revenue there is not sufficient funds available to cover the on-going
expenses of the City. With no changes in our revenue generating capacity
the long-term trend would require the City's property tax rate to grow by
at least 1.5 to 2 cents per year.
Our City as with every major urban center across this country needs a
source of revenue that is more closely linked with economic activity in our
community. A portion of sales tax revenue or a percentage of income tax
revenues would achieve this result and place the City in a much more
viable long-term financial position.
3. Capital Expenditures:
In 2006 the City's Capital Budget was increased significantly resulting in
an increase in our debenture financing requirements. If the capital
program remains at this high level our debt levels will become
unmanageable. One major concern as our debt levels increase is our
vulnerability to increases in long-term interest rates.
4. Wage Costs:
Approximately 50% of the City's Operating Budget related to personnel
costs. Over the next 5-7 years the City can expect these costs to rise
significantly as the availability and competition for skilled workers
continues to rise.
Page 4
RECOMMENDATION
It is recommended that this report be received and filed.
Respectfully submitted,
And!P.~~ -
Acting Treasurer
City of Saint John
2007 Preliminary Estimates
Appendix A
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CITY OF SAINT JOHN
2006 OPERATING BUDGET
NON-TAX REVENUES
2005
PROJECTED
BUDGET ACTUAL 2006 2007
SALE OF GOODS AND SERVICES
FIRE SERVICES
TRAINING
HAZMAT FUNDING 70,000 70,000
POINT LEPREAU 40,000 40,000 40,000 40,000
CLEARANCE LETTERS 3,000 5,000 4,000 4,000
POLICE SERVICES
LODGE PRISONERS 3,000 3,000 3,000 3,000
ACCIDENT REPORTS 11,000 11,000 11,000 11,000
TAXI LICENCES 50,000 50,000 50,000 50,000
OTHER 35,000 35,000 35,000 35,000
RECREATION AND CULTURAL
SPORTSFIELDS 61,000 61,000 57,000 61,000
SUMMER PROGRAMS
WEST 14,660 14,660 9,000 14,660
SENIORS PROGRAMS 5,800
CARLETON COMMUNITY CENTER
CENTRAL 7,000 7,000 9,000 7,000
SOMERSET COMMUNITY CENTER
NORTH END COMMUNITY CENTER
EAST 23,000 23,000 25,000 23,000
FOREST HILLS COMMUNITY CENTER
INTERPRETATION CENTER
ROCKWOOD PARK OUTDOOR PROG
HURLEY ARENA 210,000 210,000 125,000 210.000
GORMAN ARENA 141,000 141,000 144,000 141,000
BEL YEA ARENA 137,000 137,000 192,000 137,000
PETER MURRAY ARENA 137,000 137,000 125,000 137.000
HARBOUR BRIDGE AUTHORITY 200,000 200.000
EMERGENCY DISPATCH 183,000 200,000 569,000 400.000
ADMINISTRATIVE SERVICES
HOUSING OPERATIONS 42,000 42,000 43,000 44.000
PENSION PLAN 120,000 100,000 100,000 100.000
WATER AND SEVVERAGE UTILITY 1.419,000 1,419,000 1.412,000 1.391.000
OTHER
WATER SALES 12,000 12,000 12,000 12,000
OTHER TOURISM 3,000 3,000 3,000 3.000
PLANNING DEPT SERVICES 5,000 50,000 50,000 50,000
SALE OF USED EQUIPMENT 5,000 5,000 5,000 5,000
GARBAGE COLLECTION 5,000 5,000 5,000 5.000
TRANSPORT A TION TENDERS 500 500 500 500
OTHER REVENUE FROM OWN SOURCES
LICENSES AND PERMITS
BUILDING PERMITS 475,000 555,000 500,000 525.000
PLUMBING PERMITS 40,000 40,000 42,000 46.000
DEMOLITION PERMITS 5.000 5,000 5,000 5,000
MOBILE HOME PERMITS 1.250 1,250 1,250 1,250
GRAVEL PIT PERMITS 19.000 19,000 19,000 19,000
EXCAVATION PERMITS 250 250 250 250
BUSINESS LICENCES 500 500 500 500
REZONING APPLICATIONS 20.000 20,000 20,000 20,000
OTHER 9.000 9,000 9,000 9,000
GAS PIPELINE LICENCE 26.000 26,000 26,000 26,000
FINES AND PARKING
MARKET SQUARE PARKING 673,000 673,000 733,000 733,000
PARKING METERS 724,500 624,500 724,500 724,500
METER VIOLATIONS 240,000 240,000 240,000 240,000
METER SUMMONSES 40,000 40,000 40,000 40,000
TRAFFIC BY LAW FINES 190,000 190,000 190,000 190,000
TRAFFIC BY LAW SUMMONSES 25,000 25,000 25,000 25,000
MOTOR VEHICLE FINES 15,000 15,000 15,000 15,000
COURT FINES 50,000 50,000 50,000 50,000
RENTALS
MARKET RE NT ALS 414,000 414,000 467,000 475,000
LAND AND BUILDINGS 168,000 16B,OOO 165,000 170,000
CITY HALL 346,500 270,000 275,000 275,000
SHORT TERM INTEREST 250,000 350,000 250,000 250,000
CONDITIONAL GRANTS FROM OTHER GOVMNTS
PROVINCIAL HIGHWAY MAINT 360,000 360,000 386,600 360,000
TOURISM 0 0 0
OTHER REVENUE
SURPLUS 2ND PREVIOUS YEAR 0 0 0
OTHER 150,000 300,000 250,000 250,000
TOTAL NON TAX REVENUE
6,909,160
7,106,660
7,738.400
7,603,660
City of Saint John
2006 OPERATING BUDGET
EXPENDITURES
2005
PROJECTED
DEPARTMENT NAME BUDGET ACTUAL 2006 2007
MAYOR'S OFFICE 191,210 193,360 195,510
COUNCIL 352.330 358,330 409,680
LEGISLATIVE 543,540 525,000 551,690 1.50% 605,190 9.70%
CITY MANAGER 429,400 442,000 455,300
VISION 2015 0 500,000 500,000
COMMUNICATIONS SUPPORT 0 100,000 100,000
COMMON CLERK 897,392 828,290 835,794
FINANCE 953,683 981,645 1,220,439
LEGAL 505.049 576,528 646,343
GENERAL ADMINISTRATION 2,785,524 2.180,000 3,428,463 23.08% 3,757,876 9.61%
CORPORATE SERVICES ADMIN. 219,612 223,118 150,000
MATERIALS MANAGEMENT 1,065,841 1,048.446 996,984
HUMAN RESOURCES 1,142,238 1,196,681 1,211,226
PUBLIC SAFETY COMMUNICATIONS CENTRE 1,463,084 1,722,927 1,774,615
INFORMATION SYSTEMS & SUPPORT 1,777,364 1,878,918 1,935,286
FLEET SERVICES 324,255 417,872 514,069
CORPORATE SERVICES 5,992,394 7,200,000 6,487,962 8.27% 6,582,179 1.45%
FIRE 15,703,500 15,900,000 16,749,433 6.66% 17 ,760,535 6.04%
BUILDING & TECHNICAL SERVICES 1,130,220 1,197,760 1,200,316
FACILITY MANAGEMENT 793,006 878,422 900,554
CARPENTRY SHOP 438,452 454.479 466,970
CITY HALL BUILDING 1,542,500 1,645,766 1,686,910
BUILDINGS AND INSPECTION SERVICES 3,904.178 3,810,000 4,176,427 6.97% 4,254,750 1.88%
EMERGENCY MEASURES ORG 168.757 170,630 167,205
MUNICIPAL OPERATIONS ADMIN 975,382 1,208,324 1,225,493
SERVICE & PROG DEVELOPMENT 502,065 472,174 486,378
ENGINEERING & GROWTH 539,738 362,722 372,309
TRAFFIC ENG & SYSTEMS 937,617 1,048.461 1,047,214
SNOW CONTROL STREETS 4,552,087 4,712,303 4,804,374
SNOW CONTROL SIDEWALKS 463,325 466,089 489,345
STORM DRAINAGE 1,852,636 1,980,573 1,970,809
STREET CLEANING 1,309,311 1,319,093 1,364,201
SANITATION 3,304,777 3,380,349 3,454,519
STREET SERVICES 4,244,031 4.419,416 5,453,951
MUNICIPAL OPERATIONS 18,849,726 18,550,000 19,540,134 3.66% 20,835,79B 6.63%
COMMUNITY PLANNING 687,988 760,516 781,605
REAL ESTATE 393,889 420,839 455,328
GIS 222,175 260,825 235,315
HERITAGE 138,461 189,290 212,717
PLANNING ADVISORY COMM 10,500 10,700 10,900
ENVIRONMENT COMMITTEE 3,100 3.200 3,300
PLANNING AND DEVELOPMENT 1,456,113 1,357 ,ODD 1.645.370 13.00% 1.699,165 3.27%
City of Saint John
2006 OPERATING BUDGET
EXPENDITURES
2005
PROJECTED
DEPARTMENT NAME BUDGET ACTUAL 2006 2007
TOURISM 871,385 871 ,385 895,620 2.78% 918,240 2.53%
ADMINISTRATION 982,788 730,096 750,642
FACILITIES 1,160,310 1,382,920 1,422,394
ARENAS 865,911 925,196 950,569
LANDSCAPE 1,160,273 1,353,505 1,391,245
WEST DISTRICT 301,984 359,907 370,129
CENTRAL DISTRICT 472,617 404,011 415,526
EAST DISTRICT 409,160 463,866 477,090
CITY MARKET 764,985 741,406 761,202
CONTRACTED SERVICES 92,000 92,000 92,000
SUBSII"l![,s: FACILITY USAGE 183,000 183,000 183,000
RECREATION COMMUNITY GROUPS 18,000 18,000 16,000
LEISURE SERVICES 6,411,028 6,100,000 6,653.909 3.79% 6.831.797 2.67%
POLICE COMMISSION 16,969,616 16,969,816 18,014,630 6.16% 18,885,391 4.83%
SAINT JOHN TRANSIT OPERATING 2,498,383 2,800,000 2,800,000 12.07% 3,000,000 7.14%
SAINT JOHN TRANSIT DEBT 674,567 674,567 641,870 743,900
MARKET SQ. - COMMON AREA COSTS 1,851,364 1,850,000 1,878,752 1.48% 1,935,115 3.00%
WATER SUPPLY & HYDRANTS 1,570,388 1,570,388 1,662,403 1,788.412
REGIONAL FACILITIES COMM 1,547,228 1,547,228 1,554,496 0.47% 1,560,000 0.35%
STREET LIGHTING 1,000,000 1,000,000 800,000 800,000
PROPERTY ASSESSMENT 844,874 844,874 892,927 933,109
REGIONAL ECONOMIC DEVELOPMENT 401,072 401 ,072 396,495 401,000
LIABILITY INSURANCE 525,000 525,000 600,000 650,000
ARTS AND CULTURE INITIATIVES 115,800 395,000 168,330 171,050
LIBRARY 353,577 353,577 360,993 369,280
PARKING ADMIN. SUPPORT 433,342 433,000 451,591 452,870
MUSEUMS 192,500 132,500 0 0
SAINT JOHN DEV CORP 115,000 115,000 143,500 125,000
WATERFRONT DEVELOPMENT 100,000 100.000 100,000 100,000
ANI MAL & PEST CONTROL 154,500 150.000 150,000 154,500
LORD BEAVERBROOK 125,000 125,000 128,750 132,600
S.J. HORICUL TURAL ASSOC. 56,000 56,000 56,000 58,000
SAINT JOHN INDUSTRIAL PARKS l TO 65,000 65,000 80,000 85,000
FESTIVALS/PUBLIC CELEBRATIONS 38,000 23,000 103,000 43,000
SOCIAL DEVELOPMENT SUPPORT 82,500 82,500 305,500 375,500
TRUE GROWTH INITIATIVES 75,000 37,500 50,000
NON DEPARTMENTAL 29,788,911 30,213,522 31.326,131 32,813,127 4.75%
DEBT PAYMENTS 11,061,056 11,100,000 11,029,127 11,746,220
WORKFORCE ADJUSTMENT 1,000,000 1,000,000 1,050,000 0
CAPITAL FROM OPERATING 1,795,000 1,795,000 516,381 1,768,522
PENSION FUNDING 0 0 1,400,000 5,188,765
ONE TIME WRITE-OFF 534,594 286 .427 480,000 482,886
2nd PREVIOUS YEAR DEFICIT 15,069 15,069 689.991 65,935
FISCAL CHARGES 14,405,719 14,196,496 15,165.499 5.27% 19,252,328 26.95%
TOTALS 100,712,018 100,903 ,403 106,621,244 5.87% 115,311,585 8,15%
THE CITY OF SAINT JOHN
SUBSIDIES AND GRANTS
2006 BUDGET
2005 2006 2007
ARTS AND CULTURE INITIATIVES
ARTS AND CULTURE BOARD 50,000 50,000
SAINT JOHN THEATRE COMPANY
SAINT JOHN SHAKESPEARE FESTIVAL
CONTINENTAL DRIFT FILM FESTIVAL
PUBLIC ART RESERV~ FUND 25,000 25,000 25,000
CULTURAL A"rAIRS OFFICE 90,800 93,330 96,050
115,800 168,330 171,050
FESTIVALS/PUBLIC CELEBRATIONS
LOYALIST HERITAGE FESTIVAL 3,000 3,000 3,000
FESTIVAL BY THE SEA 15,000 0 0
FUNDY BAY FESTIVAL 0 5,000 5,000
JAll. AND BLUES FESTIVAL 15,000 15,000 15,000
FESTIVAL de Ie BAlE FRANCAIS 5,000 5,000 5,000
FESTIVAL SAINT JOHN (UPTOWN SAINT JOHN) 0 5,000 5.000
CANADIAN COUNTRY MUSIC WEEK 0 60,000 0
OTHER 0 10,000 10,000
38,000 103,000 43,000
SOCIAL DEVELOPMENT SUPPORT
UNBSJ CAPITAL CAMPAIGN 200,000 200,000
PETtCT SCAN 50,000
LOCH LOMOND VILLA 20,000
SENIOR CITIZENS CENTER (free rent) 30,000 31,000 31,000
HUMAN DEVELOPMENT COUNCIL (free rent - 8,000) 27.500 48,000 48,000
P.RU.D.E. (free rent) 22.000 22.000 22,000
ABILITY ADVISORY COMMITTEE 3,000 3,000 3,000
SEAFARER'S MISSION 1,500 1,500
82,500 305,500 375,500
City of Saint John
Long-Term Financial Model
June 1,2006
Appendix B
City of Saint John
Long Term Financial Plan
Tax Rate Implications
Tax Increase
Year Rate cents %
2003 1.725 0.0
2004 1.725 0.0 (0.00)
2005 1.795 7.0 4.06
2006 1.795 0.0 0.00
2007 1.899 10.4 5.78
2008 1.922 2.3 1.23
2009 1.941 1.9 1.00
2010 1.961 2.0 1.03
2011 1.979 1.8 0.92
2012 1.969 -1.1 (0.54 )
2013 1.988 2.0 1.00
2014 2.006 1.8 0.90
2015 2.023 1.6 0.82
2016 2.042 1.9 0.94
2017 2.060 1.8 0.88
2018 2.078 1.8 0.88
2019 2.004 -7.4 (3.58)
2020 2.020 1.7 0.84
2021 2.038 1.7 0.86
2022 2.054 1.6 0.81
2023 2.071 1.7 0.81
2024 2.087 1.6 0.79
2025 2.103 1.6 0.77
2026 2.119 1.6 0.75
2027 2.135 1.5 0.73
2028 2.150 1.5 0.71
City of Saint John
Long-Term Financial Model
Key Assumptions
1. 2003-2005 figures are actual approved budget for that year
2. One time funding received from the Province in 2004 has been eliminated for
2005 and beyond.
3. For 2007 and beyond the following factors have been applied:
Operating Expenditures -
Non-Tax Revenue-
Unconditional Grant-
Tax Base-
3.25%
0.5%
0.0%
3.0%
4. Capital Program Expenditures reflect amounts needed to sustain a viable capital program while at
the same time moving towards elimination of debt financing for recurring capital program. Total capital
expenditures provided for under this program is as follows:
Recurring "other" Total
Capital Capital Capital
Prog ram Progarm Expenses
2003 9,520,000 2,613,000 12,133,000
2004 14,500,000 14,500,000
2005 14,500,000 14,500,000
2006 17,421,897 17,421,897
2007 14,500,000 14,500,000
2008 14,500,000 14,500,000
2009 14,500,000 14,500,000
2010 14,500,000 14,500,000
2011 14,500,000 14,500,000
2012 14,500,000 14,500,000
2013 14,500,000 14,500,000
2014 14,500,000 14,500,000
2015 14,500,000 14,500,000
2016 14,500,000 14,500,000
2017 14,500,000 14,500,000
2018 14,500,000 14,500,000
2019 13,200,000 13,200,000
2020 15,200,000 15,200,000
2021 16,900,000 16,900,000
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Open Session
June 14, 2006
His Worship Mayor Norm McFarlane
And Members of Common Council
Your Worship and Councillors:
SUBJECT
Service Agreement - Role Oriented Access Management (Roam) Service
Anyware Group Inc., Saint John
BACKGROUND
Remote access is playing a significant role in improving business efficiency by
allowing people and business to access their computer networks and the
Internet wherever they are. The City of Saint John's current remote access
method needs to be upgraded. Various options were explored and Anyware
Group of Saint John was identified as providing a solution that meets all of the
City's needs.
Anyware Group's Role Oriented Access Management (ROAM) system provides
a secure infrastructure that allows employees to access the resources that they
need when they need them. Anyware Group has many customers throughout
Canada and is used by many hospital corporations throughout New Brunswick.
The purpose of this report is to request Council's approval to execute an
agreement with Anyware Group Inc.
ANAL YSIS
Attached is a proposed 'Service Agreement - Role Oriented Access
Management (ROAM) Service' between Anyware Group Inc. and The City of
Saint John. This agreement outlines, in detail, the roles and responsibilities of
each party, and the terms and conditions by which the service will be provided.
Report to Common Council
June 14, 2006
Page 2
Through this agreement, Anyware Group Inc. will implement, maintain and
support a fully functional ROAM service in order to provide secure remote
access to applications and information.
The agreement is for the period, June 1, 2006 to May 31, 2007 with provisions
for annual renewals if negotiated later.
FINANCIAL CONSIDERATIONS
For the period June 1, 2006 to May 31, 2007, the City will pay a one time
installation fee of $1,500 and monthly fee of $1,850 (up to 50 users), and an
additional $30 per user (additional users). The fees for the subsequent years
will be negotiated annually.
RECOMMENDATIONS
It is recommended that Common Council:
1 . Approve the attached 'Service Agreement' between Anyware Group and
the City of Saint John relative to services provided to implement, maintain
and support a ROAM access service in order to provide secure remote
access to applications and information within the City of Saint John,
subject to a final review of the document as to form, by the Legal
Department.
2. Authorize the Mayor and Common Clerk to execute the agreement on
behalf of the City.
Respectfully submitted,
w. D. Todd
Director,
Information Systems and Support
Terrence Totten, FCA
City Manager
Report to Common Council
June 14, 2006
Page 3
~NY~
- GROUP
Service Agreement
Presented To:
City of Saint John
Saint John, N.S.
iI~~
~.
Confidentiality Statement
This document is provided exclusively for the purposes of evaluation. It should be considered Proprietary and Confidential and may contain forward
looking information that may relate to trade secrets, and/or technical, commercial and financial information that is proprietary and confidential to
AnyWare Group Inc. Disclosure of such trade secrets and/or information contained in this document could result in material or financial loss or a loss
of competitive advantage. Therefore, use or disclosure of the information contained within this document to any other party and/or for any other
purpose, is strictly prohibited without the express written consent of AnyWare Group Inc.
ANY~ Service Agreement
.fiICUP
Service Agreement
THIS AGREEMENT made as of : Friday, June 16, 2006
BETWEEN:
AnyWare Group Inc., a duly incorporated company under the laws of the Province
of New Brunswick having its head office in the City of Saint John, New Brunswick
(the "AnyWare Group Inc.")
- and -
City of Saint John, a duly incorporated municipality in the County of Saint John,
New Brunswick,
(the "Customer")
WHEREAS the Customer desires to retain the services of AnyWare Group Inc. for
the provision of "Services".
. To implement, maintain and support a fully functional ROAM (Role
Oriented Access Management) service in order to provide secure
remote access to applications and information within the City of Saint
John.
. ROAM is a unique, patent pending "secure access infrastructure" that
integrates Remote Access, Identity Management and provides true
clientless (no software required) access to most mainframe, client server,
or web based applications through a single, role oriented Portal. ROAM is
technology agnostic in that it works in any corporate environment
(Windows, Unix, Linux,..), with any type of PC (including Mac and thin
clients), and with any application - no software required.
. As a fully managed service, there is no requirement for the City of Saint
John to purchase and maintain hardware or software, provide Level 2 or
Level 3 technical support or require specialized training.
AND WHEREAS the parties will agree upon the "Services" and the time schedule
of these "Services" to be from June 1st, 2006 until May 31, 2007 after which
the time schedule will extend in 1 year increments until terminated in accordance
with Section 6 Termination.
Confidential - Presented to City of Saint John
2 of 6
ANY~ Service Agreement
.fiICUP
Terms and Conditions
1. Comoensation. Upon execution of this Agreement, the Customer shall pay to
AnyWare Group Inc. a non-refundable payment as follows:
ROAM Pricing
I Service II
ROAM Site License - Up to 50 "Active"
Users from any municipal department or
agency including the Saint John Police
Force and The Saint John Fire
Department
(Billing is based on the total number of users which
are activated, in a given month, regardless of
duration. The Customer will not be billed for
ainactive" users, provided they remain inactive for
the entire month.)
I Additional Users over 50 II
Monthly Fee
$1,850.00
$30 per User I
I Engineering Fees II
Installation and Set-Up of ROAM
One Time Fee
$1,500.00
These fees do not include applicable taxes.
Note: The Saint John Police Force has submitted an application to CPIC
(Canadian Police Information Centre) to use ROAM as a secure method of
remote access. It is possible that CPIC may insist, for security reasons, that
the Saint John Police Force have a completely separate ROAM system which
would require a one time set up fee, payable to the AnyWare Group, of
$3,500 (plus applicable taxes) and an addition monthly fee of $350 per month
if CPIC will not allow the use of the currently installed hardware in a shared
manner.
2. The Customer understands that AnyWare Group Inc. does not guarantee
results under this Agreement but merely agrees to use reasonable diligence
to fulfill and accomplish its obligations and is entitled payment on that basis.
3. AnyWare Group Inc. shall submit monthly invoices to the Customer for
payment at the end of each month unless the parties otherwise agree in
writing. The Customer shall pay AnyWare Group Inc. within thirty (30) days of
the invoice date and shall be deemed overdue if they remain unpaid
thereafter.
Confidential - Presented to City of Saint John
3 of 6
ANY~ Service Agreement
.fiICUP
4. The Customer shall pay to AnyWare Group Inc. a late payment penalty of two
(2%) percent per month on any overdue balance.
5. Disclaimer of Warranty and Limitation of Liability. No express, implied
nor statutory warranty is made nor granted with respect to the services
supplied by AnyWare Group Inc. under this Agreement including without
limitation to any implied warranties of merchantability and fitness for a
particular purpose. IN NO EVENT OR CIRCUMSTANCE SHALL ANYWARE
GROUP INC. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST
PROFITS OR LOSS RESULTING FROM BUSINESS INTERRUPTION, EVEN IF THE
POSSIBILITY OF THESE DAMAGES IS KNOWN. ANYWARE GROUP INC.'S
AGGREGATE LIABILITY, IF ANY, FOR ANY LOSSES OR DAMAGES, INCLUDING
BUT NOT LIMITED TO LIABILITY ARISING OUT OF CONTRACT, TORT OR
OTHERWISE UNDER THIS AGREEMENT, AND WHICH SHALL CONSTITUTE THE
CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, SHALL NOT EXCEED THE
TOTAL AMOUNT PAID BY THE CUSTOMER UNDER THIS AGREEMENT AS IS
MORE SPECIFICALLY SET FORTH IN THE FEES.
6. Termination. At any time during the term of this agreement, either party
may terminate the Agreement with 30 days notice to the other party.
7. Non-Payment. If the Customer fails to pay AnyWare Group Inc. as set forth
in this agreement, AnyWare Group Inc. may immediately suspend all activity
related to this agreement upon delivery of written notice to the Customer and
may, in addition to any other rights it may have under this agreement or
otherwise under law, pursue termination to paragraph (6) above.
8. Confidential Information. All information provided by the Customer under
this Agreement will be kept confidential.
9. Indemnity. Customer shall indemnify, defend and hold harmless AnyWare
Group Inc. from any and all damages, liabilities, costs and expenses incurred
as a result of any allegation or claim against AnyWare Group Inc. arising out
of or in connection with the Services. The Customer hereby assumes any and
all risks associated with its use of the Services.
10. Comoliance With Laws. AnyWare Group Inc. agrees that it will comply with
all applicable laws, ordinances, regulations and codes in the performance of
its obligations under this Agreement, including the procurement of permits
and certificates where required. AnyWare Group Inc. further agrees to hold
harmless and indemnify the Customer against any loss or damage to include
reasonable solicitor's fees that may be sustained by reason of the failure of
AnyWare Group Inc. or its agent, agents or subcontractors to comply with
such laws, ordinances, regulations and codes.
11. Entire Aareement. This Agreement constitutes the entire Agreement
between the parties hereto in connection with the subject matter hereof. No
Confidential - Presented to City of Saint John
4 of 6
ANY~ Service Agreement
.fiICUP
alteration, amendment or qualification of this Agreement shall be valid unless
it is in writing and is executed by both of the parties hereto.
12. Severabilitv. If any paragraph of this Agreement or any portion thereof is
determined to be unenforceable or invalid by the decision of any court by
competent jurisdiction, which determination is not appealed or appealable, for
any reason whatsoever, such unenforceability or invalidity shall not invalidate
the whole Agreement, but the Agreement shall be construed as if it did not
contain the particular provision held to be invalid and the rights and
obligations of the parties shall be construed and enforced accordingly.
13. This Agreement may be executed by facsimile and in any number of
counterparts, each of which shall be an original as against any party whose
signature appears thereon and all of which together shall constitute one and
the same instrument.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of
the date written below:
AnyWare Group Inc.
City of Saint John
Signature
Signature
Print
Print
Title
Title
Date
Date
Confidential - Presented to City of Saint John
5 of 6
ANY~
G R II U P
For more information contact us at:
15 Market Square, Suite 1509,
Saint John, New Brunswick, Canada E2l lE7
Telephone: 506-643-6600 Fax: 506-643-6605
htto:/ /www.anvwareqrouo.com
@Copyright 2004. All rights reserved.
No part of this document may be reproduced, modified, published, adapted, translated, displayed or
transmitted, in whole or in part, in any form or by any means, electronic, mechanical, photocopying,
recording or otherwise, or stored in any retrieval system of any nature, without the written permission
of the copyright holder, application for which shall be made to AnyWare Group Inc.
Subject to the terms of any license entered into between AnyWare Group Inc. and the user of this
documentation, all information provided herein is subject to change without notice.
t}i
\ \,
, " !
i
City Solicitor's Office
Bureau de l'avocat municipal
P.O. Box/C.P. 1971
Saint John. NB/N,-B.
Canada E2L 411
ww\v.saintjohn.ca
LEGAL SESSION
The City of Saint john
June 5, 2006
Common Council of
The City of Saint John
Your Worship and Councillors:
Re: Contract 2005-14 - Arbitration
Fairville Boulevard Street Reconstruction
Galbraith Construction Limited
The engineer with whom Municipal Operations has been in contact in this
regard is Mr. Allan D. Fiander of A.D. Fiander Associates Ltd. We have been
informed by the Project Engineer for the Contract in question that Mr. Fiander
is prepared to act as our nominee upon the Arbitration Board. His CV as found
on the company website is attached for your information. The text of a
Council resolution appointing him is also attached and its adoption at this
evening's Open Session Council Meeting is in order.
Respectfully Submitted,
i/~N' q
JohnL.{;ugent ~
City Solicitor
Attachments (2)
RE: CONTRACT 2005-14 - ARBITRATION
Appointment of City's Nominee
Whereas The City of Saint John entered into Contract 2005-14 with
Galbraith Construction Limited for the reconstruction of a portion of
Fairville Boulevard in the City of Saint John; and
Whereas a dispute has arisen with respect to the quantity of asphalt for
which Galbraith Construction Limited has claimed payment under the
contract; and
Whereas Galbraith Construction Limited has requested that the issue be
referred to a Board of Arbitration. Such a Board is made up of three
persons, one being appointed by Galbraith Construction Limited and one
to be appointed by the City. The two named arbitrators appoint the third
arbitrator; and
Whereas Galbraith Construction Limited has advised the City that Mr.
John Bliss, P. Eng. will be its arbitrator; and
Whereas Allan D. Fiander, P. Eng. has been contacted by the City and has
agreed to act as its arbitrator;
Now therefore be it resolved that Allan D. Fiander, P. Eng. is hereby
appointed as the City's arbitrator on the Board of Arbitration involving
Contract 2005-14.
improvement alternatives, preparation of conceptual frameworks for evaluation of alternatives, assessment of
policy implications, development and implementation of extensive public liaison/consultation processes, economic
analysis including direct and indirect benefits/costs, financial analysis and general environmental analysis and
assessment. Mr. Fiander has also been responSible for, and directly involved in, many projects dealing with
design of transport infrastructures and facilities.
A more detailed list of projects carried out by Mr. Fiander is included in supplementary lists. However, the
following, partial list of projects provides an indication of the scope and variety of experience which Mr. Fiander
has to offer.
OTHER SPECIFIC PROFESSIONAL EXPERIENCE
New Brunswick Department of Transportation, Policy Branch
(1974-1975 fulltime, 1975-1976 parttime)
. Mr. Fiander served as Project Manager for the Six Cities Public Transit Study involving determination of needs,
service requirements and resultant costs to provide transit service to each of the six New Brunswick cities. A
major aspect of this project was related to development and assessment of alternative options for future provincial
poliCY regarding provision of municipal transit services.
. Mr. Fiander was Project Manager for the New Brunswick Forest Industry Transportation Study. He represented
the Province in negotiations with the Federal Government, eN Rail and CP Rail on a comprehensive assessment
of the total distribution problems and requirements associated with the forest industry, including materials
handling facilities, loading/unloading techniques, equipment utilization, storage, warehousing, consolidated
shipments and dedicated train services.
. Mr. Fiander also provided input and analysis on various small transportation policy projects dealt with by the
Council of Maritime Premiers' Transportation Committee and the Federal/Provincial Committee on Atlantic Region
T ra nsportation
New Brunswick Department of Transportation, Planning Branch (1969)
. Mr. Fiander was responsible for research and development of the New Brunswick Highway Sufficiency Rating
System, which is still being used by the Department to assist in prioritizing highway improvements.
. Route location for Dalhousie Bypass, location and functional design of Route 11 from Bathurst to Belledune,
functional design of various intersection improvements.
University of New Brunswick (1970-1976)
. Lecturer and Assistant Professor of Civil Engineering (Transportation Planning and Traffic Engineering)
. Taught various workshops on statistical analysis and quality control as part of the continuing education
program for practicing engineers
. Presented a threeday workshop (with J.D. Innes) on Highway Capacity Analysis given to members of the
Institute of Transportation Engineers throughout the Maritime Provinces
. Periodically taught a term course in "Public Transportation Urban and Intercity" to post graduate students in
Transportation Engineering at UNB (1976-1986)
PROFESSIONAL COMMITTEE ACTIVITIES
. Member, Transportation Policy Committee, Association of Consulting Engineers of Canada (1989-Early 1990s)
. Consulting Engineers of New Brunswick (President 1992-1993, Vice President 1991-1992, Director in 1990-
1991 )
Fiander, A.D.; Wilson Dr. F .R.; "The EnvlronmentallmDact Assessment Process Used for the Fundv Trail Parkway", Paper presented at Ihe Annual
Conference of the Transportation Association of Canada, Charlottetown, P.E.I., August, 1996.
Fiander. A. D. :" Fundv Trail Parkway: Plannina Design Development and Ooeration., Paper presented to the Annual Meeting of the Transportation
Association of Canada, Saint John, September, 1999.
Fiander, A. D. ; "The Fundv Trail Parkwav: An Overview", Presentation at the Communities in Bloom National Symposium on Parks and Grounds,
Saini John. September. 2001.
Fiander, A. D. ; "The Fundv Trail Parkwav [) A Stimulus for Reoional Tourism Develooment", Paper presented to the Atlantic Provinces Transportation
Forum 2002 Annual Conference, Fredericton, October, 2002.
M & C 2006 - 159
June 13th, 2006
His Worship Mayor Norm MacFarlane
And Members of Saint John Common Council
y our Worship and Members of Council,
SUBJECT: ApPROVAL TO OPERATE WD-254
DRINKING WATER DISTRIBUTION & TREATMENT FACILITIES
Effective April 1 st, 2006, the authority to operate drinking water distribution and treatment
facilities is provided under Approval to Operate W-254 (attached hereto) issued to the
City of Saint John by the Minister of Environment pursuant to paragraph 8(1) of the Water
Quality Regulation ~ Clean Environment Act. That approval is valid to March 31 st, 2001.
Approval to Operate W-254 describes the terms and conditions under which the drinking
water treatment and distribution facilities of Saint John Water shall be operated. It replaces
four certificates issued in 2003:
· W-40, Drinking Water Distribution Facilities
· W-41, Drinking Water Treatment Facilities, Harbour View Subdivision
· W-42, Drinking Water Treatment Facilities, Latimer Lake WTP
· W-44, Drinking Water Treatment Facilities, Spmce Lake WTP
PURPOSE OF THIS REpORT
The purpose of this report is to apprise Council of the conditions set out for the operation
of its drinking water distribution and treatment facilities. As Approval Holder, Common
Council (City of Saint John) should understand the significance of those conditions.
BACKGROUND
In the ongoing effort to ensure the delivery of safe and reliable drinking water to citizens,
municipalities are required to operate their drinking water facilities to a standard that
ensures safe potable water. Certificates of approval to operate, developed with the
collaboration of the Department of Health, set out those standards for all water treatment
plants, distribution (and transmission) systems and system operators.
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Approval to Operate W-254
The City of Saint John has fully endorsed these standards. There should be no
misunderstanding about the need for strict regulation of public water systems. The modern
reality is, in fact, positive for the future - and clearly delineates municipal responsibilities.
Water is essential to life. A high quality, safe and reliable drinking water service is cmcial
to the life of a community.
Operating a public water system brings with it very special, often challenging obligations.
First and foremost among these is protecting the health and safety of people who consume
the water. Public health considerations are the driving force behind water quality
regulations and water treatment practices. The quality of the water delivered to the public
must meet defined safety parameters and reach consumers in a state that is clear, colourless
and odourless, and free of all disease-causing micro-organisms (pathogens) or harmful
chemicals.
ANALYSIS
Schedule "A" to the Approval to Operate sets out the conditions of that approval. This
report will strive to highlight some important changes in those conditions.
The conditions of approval are organized under several headings:
A. Description of Water Works
B. Definitions
c. General Information
D. Terms and Conditions - Source
E. Terms and Conditions - Treatment
F. Terms and Conditions - Operations & Maintenance
G. Terms and Conditions - Monitoring & Alarms
H. Terms and Conditions - Distribution System
I. Terms and Conditions - Emergency Response
It is noteworthy that terms and conditions of approval are now organized around the six
protective barriers established for drinking water safety in New Bnmswick. In fact, this
will be how the City's management and operation of drinking water facilities will be
evaluated by regulators from the Department of Environment. Source to tap drinking
water safety requires a continuum of effective protective barriers.
Staff will review the terms and conditions with Council.
A. Description of Water Works
The new Approval to Operate provides for specific description of Saint John Water
facilities in sections 1 and 2.
June 13th, 2006
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B. Definitions
"Approval Holder" means The City of Saint John as the responsible agent for the
operation and maintenance of Facilities.
The official names of applicable Provincial Government departments are in the process of
being changed.
C. General Information
The provisions in this part remain essentially unchanged.
D. Terms and Conditions - Source
The provisions in this part are new and will probably be expanded in the future.
We would highlight section 24:
"The Approval Holder shall ensure that private wells are disconnected from
the municipal system in accordance with the Water Quality Regulation 82-
126, article 3(6)."
E. Terms and Conditions - Treatment
The Department of Environment is in the process of developing a drinking water treatment
and disinfection policy. Municipalities should expect that this policy will establish much
higher treatment standards for the province and will set a timeline for meeting those
standards. Notwithstanding huge cost implications, the City of Saint John will be required
to put in place much more extensive and modern water treatment processes (for example,
full filtration). Council will need to act on its plan for Safe Drinking Water, which has
tentatively scheduled construction of modern treatment facilities over 2010 and 2011.
The City's water treatment infrastructure is antiquated and in need of replacement within
the relatively near future. In fact, staff is very concerned about the reliability of primary
disinfection systems, particularly at the Latimer Lake facility.
Common Council needs to understand the urgency!
F. Terms and Conditions - Operations & Maintenance
Sections 31 through 34 are new terms and conditions.
Section 36 which deals with recognized training programs has included reference to the
NBCC SJ program developed in conjunction with Saint John Water:
" . . . or the New Brunswick Community College Water Distribution
Fundamentals Program ..."
Section 40 calls for the City to employ, as a minimum, a Class IV WD Certified Operator
June 13th, 2006
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and a Class III WD Certified Operator for its Class IV distribution system. Although the
progress made in training and certification of employees over the last few years has been
nothing short of remarkable, Saint John Water still does not have water distribution
operators certified to that level. A plan is in place to develop operations staff to that level.
G. Terms and Conditions - Monitorinl! & Alarms
Under monitoring and alarms, there have been several additions and changes: sections 45,
46, 49, 50, 51, 52, 53 and 54.
Section 50 reads as follows:
"The Approval Holder shall monitor all of the parameters included in the table
below at the locations and frequencies specified.
Parameter Min. No. of Locations Min. Frequency
Free Chlorine Residual 11 Distribution sites (East) Once per week (2)
(1) 9 Distribution sites (West)
1 control site (East) 5 days per week
1 control site (West)
Turbidity (3) Screened water East and West 5 days per week
Water Production All sources 4 days per week
1) SJ)ecial attention shall be given to sites that have traditionally experienced low
water.flow or are in dead-end locations in the water network. Monitoring shall be
increased during periods olpoor water quality or when it becomes difficult to
maintain an adequate Fee chlorine residual.
2) Monitoring at the 20 distribution system sites must be distributed evenly
throughout the week.
3) Turbidity monitoring .p-equency should be increased during and following
significant precipitation events and periods (~lhigh runofF"
Section 52 sets new standards for continuous monitoring of screened water turbidity and
free chlorine residual:
"Within two (2) years of the Certificate of Approval issue date, the Approval
Holder shall be required to continuously monitor screened water turbidity at
each water treatment plant with online instrumentation. In addition, the water
leaving each water treatment plant must be continuously monitored for free
chlorine residual. Both the chlorination equipment and the monitoring
equipment (turbidity and chlorine) must be alarmed, complete with automatic
notification systems, such as an auto-dialer system. Please see Section I
Emergency Response - Public Health Emergencies for the notification process
in the event of an exceedence or system failure."
The requirement for continuous monitoring with online equipment demonstrates the
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cmcial nature of the SCADA upgrade project currently underway.
H. Terms and Conditions - Distribution System
All sections of this part, 55 to 59, are new.
Section 56 reads in part:
"The Approval Holder shall ensure that drinking water storage reservoirs are
drained, washed out and inspected by qualified personnel every 5 years, as a
minimum, to make certain that sediment deposits are adequately removed. ..."
Section 57 involves a huge undertaking for a system the size of the City's:
"The Approval Holder shall identify, in a report, all sources of cross-
connection between potable water and sewer systems. The report will include
a detailed list of connections (locations & configurations), a description of
mitigation measures that will be undertaken to address removal and/or
decommissioning, and an implementation schedule. The report shall be
developed and submitted to the Department no later than November 1,2006."
This latter requirement will mean an extensive and detailed review of the entire distribution
system. That, we anticipate, will not be completed by November 1 st.
I. Terms and Conditions - Emen!encv Response
Section 60 requires that:
"The Approval Holder shall maintain a Contingency Plan. The plan shall be
designed to report public health and environmental emergencies. . ."
RECOMMENDATION
It is recommended that this report be received and filed.
Respectfully submitted,
J.M. Paul Groody, P. Eng.,
Commissioner, Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
June 13th, 2006
Page 5
New _1'7_
Nouveau U BrunsW'ick
-, .,
APPROVAL TO OPERATE
W-254
Pursuant to paragraph 8(1) of the Water Quality Regulation - Clean Environment Act, this Approval to
Operate is hereby issued to:
The City of Saint John
for the operation of the
Drinking Water Distribution & Treatment Facilities
Description of operation:
,
Drinking Water Distribution & Treatment Facilities
Operation Classification:
Class IV WD
Class II WT
Mailing Address:
P.O. Box 1971
Market Square
Saint John, NB E2L 4L1
Conditions of Approval:
See attached Schedule "A" of this Approval
Supersedes Approval:
W-40, W-41, W-42 and W-44
Valid From:
April 01, 2006
March 31, 2011
Valid To:
Recommended )!y; .
V Environmental
["U'dbY'~ '''''''-j)
~ inist r of the Environment and Local Government
,......
MAR 3 0 2006
Date
SAINT JOHN
W-254
Page 1 of 10
SCHEDULE "An
A. DESCRIPTION OF WATER WORKS
WATER DISTRIBUTION FACILITIES
1. Facilities used in the distribution of drinking water include:
a) Source - Two (2) surface water sources; Loch Lomond/Latimer watershed provides
water to the east side and localized areas of west Saint John while MusquashJSpruce
Lake watershed provides the remainder of the west side, A groundwater system with
two wells named Ocean Dr. well and Seaward Cres. well provide water to the
Harbourview subdivision;
b) Disinfection equipment - Gas chlorination system at Latimer Lake chlorination
station in the Loch Lomond/Latimer watershed, sodium hypochlorite disinfection at
Spruce Lake pumping/chlorination station;
c) Storage reservoirs - Four \4) standpipe reservoirs on the east-side identified as
Lakewood Heights (2,273 m ), Cottage Hill (4,546 m3), Rockwood Park (772 m\
Millidgeville (4,546 m\ two (2) standpipe reservoirs on the west-side identified as
Spruce Lake(6,682 m3), Lancaster (5,091m3), and one (1) elevated reservoir on
the west-side identified as Churchill Heights (3,409m3) ; and
d) Other items and equipment including (but not limited to) PRY stations,
pumpingJbooster stations, hydrants, watermains, monitoring equipment, process
controls & alanns.
WATER TREATMENT FACILITIES
2. Facilities used in the treatment of drinking water include:
Latimer Lake chlorination station (Loch Lomond/Latimer watershed)
a) Coarse Screens - dual 1/4" (9.5mm) stainless steel screen with manual cleaning on
two (2) intakes and eel traps on each;
b) Chemical feed system - chlorine gas, hydrot1uorosilicic acid addition (two 6010 Igal
(27,300L) storage tanks and two 440 Igal (2,000L) day tanks);
c) Wastewater treatment & handling facilities - screen backwash discharged to Latimer
Lake however solids are screened out, removed, and disposed of; and
d) Other items and equipment including (but not limited to) piping, monitoring
equipment, process controls, and alarms.
.; J? '. " .
Spruce Lak~'pumping' st~iion (MusquashJSpruce Lake watershed)
a) Coarse Screens - 3/8" (6.5mm) stainless steel traveling screen, 1/4" (9.5mm) duplex
stainless steel screens with manual cleaning and eel traps;
b) Chemical feed system - sodium hypochlorite addition (one 6,600Igal (30,000L)
tank), hydrot1uorosilicic acid addition (one 2,200 Igal (10,000L) storage tank);
c) Wastewater treatment & handling facilities - screen backwash discharged to Spruce
Lake stream however solids are screened out, removed, and disposed of; and
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W-254
Page 2 of 10
d) Other items and equipment including (but not limited to) plpmg, monitoring
equipment, process controls, and alarms.
B. DEFINITIONS
3. "Approved Equivalentll means an approved equivalent as determined by the
Department.
4. IIApproval Holderll means The City of Saint John as the responsible agent for the
operation and maintenance of the Facilities.
5. "Departmentll means the New Brunswick Department of Environment and Local
Government.
6. IIDepartment of Health and Wellnessll means the New Brunswick Department of
Health and Wellness,
7. "Director II means the Director of the Stewardship Branch of the New Brunswick
Department of Environment and Local Government and includes any person designated
to act on behalf of the Director.
8. II Facilities " means the property, buildings, and equipment as referenced in the
"Description of Water Worksll above, and all contiguous property in the title of the
Approval Holder at that loc~tion.
9. "Inspectorll means an Inspector designated under the Clean Environment Act, Chapter
C-6, or the Clean Water Act, Chapter C-6.1, of the Statutes of New Brunswick.
10. "Minister of Health and Wellness" means the Minister of the New Brunswick
Department of Health and W ellness and includes any person designated to act on behalf
of the Minister.
11. "Ministerll means the Minister of the New Brunswick Department of Environment and
Local Government and includes any person designated to act on behalf of the Minister.
12. IIOperatorll means the person in direct responsible charge of the operation of drinking
water facilities.
13. "Sampling Planll means a plan approved by the Department of Health and Wellness for
the collection and testing of water in drinking water facilities.
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W-254 .
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C. GENERAL INFORMATION
14. The Approval Holder shall keep the operation of the Facilities in compliance with the
Water Quality Regulation 82-126 under the Clean Environment Act and the Potable
Water Regulation 93-203 under the Clean Water Act of the Province of New Brunswick.
Violation of this Approval or any condition herein stated constitutes a violation of the
Clean Environment Act and/or the Clean Water Act.
15. This Certificate of Approval does not relieve the Approval Holder from compliance with
other bylaws, federal or provincial acts or regulations, or any guidelines or directives
pursuant to regulations.
16, The Approval Holder shall make application in writing for a Certificate of Approval to
Construct at least ninety (90) days prior to the modification of the facilities. The
Approval Holder shall make application on a form provided by the Minister.
17. The Approval Holder shall make application in writing for an updated Certificate of
Approval to Operate at least sixty (60) days prior to the expiry date of this Certificate and
shall advise of any changes or modifications in the operation of the facilities, The
Approval Holder shall make application to the Director.
18. An Inspector, at any reasonable time, has the authority to inspect the facilities and carry
out such duties as defined in the Clean Environment Act and/or the Clean Water Act.
19. 'If, in the opinion of the Minister, this operation is unable to provide drinking water of
adequate quality, the Minister, in consultation with the Minister of Health and Wellness,
may modify this Approval or issue a new Approval with conditions to improve the
protection of public health.
20. If, in the opinion of the Minister, the monitoring data for this operation is no longer
adequate, the Minister may modify this Approval or issue a new Approval with
conditions to improve the quality of the data collected and the protection of public health
and/or the environment. '\
21. If, in the opinion of the Minister, this operation is causing unacceptable deterioration of
environmental conditions, the Minister may modify this Approval or issue a new
Approval with conditions to improve the protection of the environment.
D. TERMS AND CONDITIONS - SOURCE
22. The Approval Holder shall notify the Department in writing when any municipal drinking
water source will be re-activated or initiated. Start-up of such a source cannot be
undertaken until approval is received from the Department.
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W-254
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23. The Approval Holder shall notify the appropriate Departmental Regional Office in
writing when any water well will no longer be used as a supply to the municipal system.
In accordance with the Water Well lJ.egulation 90-79 under the Clean Water Act, the
Owner shall fill and seal the well using a method approved by the Minister or sealed with
a commercial cap approved by the Minister. Guidelines for decommissioning
(abandonment) of water wells are available from the Department upon request,
24. The Approval Holder shall ensure that private wells are disconnected from the municipal
system in accordance with the Water Quality Regulation 82-126, article 3(6).
E. TERMS AND CONDITIONS - TREATMENT
25. The Approval Holder shall refer to the "TERMS AND CONDITIONS - MONITORING
& ALARMS" Section for monitoring requirements applicable to the treatment facilities.
26. The Approval Holder shall ensure that all wastewater from the treatment process is
adequately treated and/or stored. Waste(s) shall be disposed of at a location and in a
manner approved by the Director. .
F. TERMS AND CONDITIONS - OPERATION & MAINTENANCE
27. The Approval Holder shall ensure that all operating and stand-by equipment used is
maintained and kept in good working order at all times.
28. The Approvaf Holder shall operate the facilities in such a manner to minimize water loss.
29. The Approval Holder shall use best industry practices in housekeeping techniques to keep
the water intake, distribution and treatment facilities clean. Cleaning products used in the
vicinity of the drinking water .shall be products approved for use in the food processing
industry .
30. The Approval Holder shall keep an inventory of spare parts for the most critical
components of the equipment in order to keep downtime of the drinking water facilities
to a minimum.
31. The Approval Holder shall ensure that copies of all drinking water system reports, studies
or plans are available to the Department upon request.
32. The Approval Holder shall ensure that construction and/or as-built drawings for the
drinking water facilities are maintained and made available to the Department upon
request.
33. The Approval Holder shall ensure that detailed operating instructions are posted adjacent
to standby chlorination equipment.
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W-254
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34, The Approval Holder shall ensure that the drinking water facilities are operated and
maintained by an operator or a trained back-up at all times,
OPERATOR TRAINING & CERTIFICATION
35. If appropriate training and/or certification levels are not met at any time, the Approval
Holder must submit an Operator training and certification plan in writing to the
Department with the annual report.
WATER DISTRIBUTION FACILITIES
. 36. The Approval Holder shall ensure that all water distribution system operators meet the
following, as per the Water Quality Regulation 82-126, article 19:
a) completion of the California State University Water Distribution System. Operation and
Maintenance course, or the New Brunswick Community College Water Distribution
Fundamentals Program, or an approved equivalent.' The Approval Holder shall also
ensure that all new operators employed at the facilities complete the above-mentioned
course within 1 year following the commencement of work at the facilities; and
b) Atlantic Canada Water and Wastewater Voluntary Certification Program (ACWWVCP)
Constitution's education and experience requirements to write a CLASS I Water
Distribution System Operator Exam within 2 years following the commencement of work
at the facilities.
37. Water distribution facilities are classified under the ACWWVCP's Constitution.
Classification is based on population served, as follows:
Class Population Served
I 0-1,500
II 1,501 - 15,000
III 15,001 - 50,000
IV ;::: 50,001
38. In the event that the population serviced by this system differs from the present
classification, the Approval Holder must inform the Department in writing.
39. The Approval Holder shall ensure that the certification level of the Operator in charge is
equivalent to the classification of the water distribution facility.
40. The Approval Holder shall employ, as a minimum, one (1) Class IV Water Distribution
Certified Operator and one (1) Class III Water Distribution Certified Operator.
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W-254
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WATER TREATMENT FACILITIES
41. The Approval Holder shall ensure that all water treatment system operators meet the
following, as per the Water Quality Re'gulation 82-126, article 19:
a) completion of the California State University Water Treatment Plant Operation
(Volumes I & II) course, or the New Brunswick Community College Water
Treatment Operation Fundamentals Program, or an approved equivalent. The
Approval Holder shall also ensure that all new operators employed at the facilities
complete the above-mentioned course within 1 year following the commencement of
work at the facilities; and
b) Atlantic Canada Water and Wastewater Voluntary Certification Program
(ACWWYCP) Constitution's education and experience requirements to write a
CLASS I Water Treatment System Operator Exam within 2 years following the
commencement of work at the facilities.
42. The water treatment facility is classified under the ACWWVCP Constitution. In the event
that the facility changes or modifications are undertaken that would affect the present
classification, the Approval Holder must inform the Department in writing.
43. The Approval Holder shall ensure that the certification level ofthe Operator in charge is
equivalent to the classification of the water treatment facility.
44. The Approval Holder shall employ, as a minimum, one (1) Class II Water Treatment
Certified Operator and one (1) Class I Water Treatment Certified Operator.
G. TERMS AND CONDITIONS - MONITORING & ALARMS
45. The Approval Holder shall ensure that appropriate measures are adopted to minimize or
prevent malicious destruction or alteration of drinking water facilities.
46, The Approval Holder shall ensure that all on-line and portable monitoring equipment is
calibrated in accordance with manufacturer's recommendations.
47. The Approval Holder shall ensure that the drinking water supplied to the users meets the
Maximum Acceptable Concentrations (MAC) and Interim Maximum Acceptable
Concentrations (IMAC) specified in the "Guidelines for Canadian Drinking Water
Quality", latest edition, for the parameters listed in the Sampling Plan.
48. The Approval Holder shall follow, as a minimum, the most recent sampling plan.
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SAINT JOHN
W-254 .
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49. The Approval Holder shall use laboratories that are accredited to ISO!IEC 17025 for any
and all parameters that are listed in the sampling plan. Laboratory accreditation by the
Standards Council of Canada (SCC) or the Canadian Association of Environmental
Analytical Laboratories Inc, (CAEAL) .will be accepted. In addition, the Approval holder
may use laboratories that have obtained accreditation to ISO/IEC 17025 from another
body that is recognized to grant such accreditation per ISO!IEC 17011 criteria, subj ect to
approval by the Director.
50. The Approval Holder shall monitor all of the parameters included in the table below at
the locations and frequencies specified.
Parameter Min. No. of Locations Min. Frequency
Free Chlorine Residual (1) 11 distribution system Once per week (Z)
sites (East) 9 Distribution
sites (West)
1 control site (East) 5 days per week
1 control site (West)
Turbidity (3) Screened water East and 5 days per week
West
Water Production All sources 4 days per week
1) Special attention shall be given to sites that have traditionally experienced low water flow or
qre in dead-end locations in the water network. Monitoring shall be increased during periods of
poor water quality or when it becomes difficult to maintain an adequatefree chlorine residual.
2) Monitoring at the 20 distribution system sites must be distributed evenly throughout the week.
3) Turbidity monitoring frequency should be increased during and following significant
precipitation events and periods of high runoff.
51. The Approval Holder shall submit an annual report to the Department, within 30 days of
the end of the year, with the period starting on the first day of January of each year. The
report shall include the following (if applicable):
a) sampling plan analytical results (microbiological, organic & inorganic);
b) monitoring results (daily! weekly! montWy data such as free chlorine residual,
turbidity, pH, temperature, Mn, Fe,etc.);
c) water production (peak daily & monthly production);
d) annual chemical consumptions (cWorine & fluoride);
e) operational highlights (significant incidents & system improvements, changes or
additions);
f) summary of back flow prevention and cross-connection control activities;
g) summary of flushing activities;
h) operator information (training, certification & staffing changes);
i) public relations (notifications, public education & complaints); and
j) additional comments.
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52. The Approval Holder shall maintain a drinking water system complaint registry, which
will include the nature and date of the complaint, name and address of the complainant,
and response and corrective action un<;lertaken by the municipality. The registry shall be
in place before November 1,2006 and made available to the Department upon request.
53. Within two (2) years of the Certificate of Approval issue date, the Approval Holder shall
be required to continuously monitor screened water turbidity at each water treatment
plant with online instrumentation. In addition, the water leaving each water treatment
plant must be continuously monitored for free chlorine residual. Both the chlorination
equipment, and the monitoring equipment (turbidity and chlorine) must be alarmed,
complete with automatic notification systems, such as an auto-dialer system. Please see
Section I Emergency Response - Public Health Emergencies for the notification process
in the event of an exceedence or system failure.
54. The Approval Holder shall ensure that the drinking water alarm system is properly
maintained and kept in good operating condition. Any alann system malfunction or
breakdown shall be repaired or corrected in a timely fashion.
H. TERMS AND CONDITIONS - DISTRIBUTION SYSTEM
55. The Approval Holder shall ensure that all water main and storage facility repairs,
renewals, and new installations are disinfected according to the latest version of A WWA
C651. Standard for Disinfecting Water Mains and AWWA 652, Disinfection of Water
Storage Facilities.
56. The Approval Holder shall ensure that drinking water storage reservoirs are drained,
washed out and inspected by qualified personnel every 5 years, as a minimum, to make
certain that sediment deposits are adequately removed. If an alternate method (i.e.
inspection while reservoir is still full) is proposed to verify reservoir integrity and
cleanliness, the Approval Holder shall submit a description of the proposed method for
approval by the Department. Vent screens, overflow screens, and any. other screened
openings shall be checked and maintained to prevent the entry of vermin, birds and other
contaminants.
57. The Approval Holder shall identify, in a report, all sources of cross-connection between
potable water and sewer systems. The report will include a detailed list of connections
(locations & configurations), a description of mitigation measures that will be undertaken
to address removal and/or decommissioning, and an implementation schedule. The
report shall be developed and submitted to the Department no later than November 1,
2006.
58. The Approval Holder shall ensure that all water mains are flushed to standards
established within the approved flushing plan.
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59, All temporary watermains must be constructed of NSF approved materials for potable
water supply. Prior to bringing temporary water networks online, the watermains must
be disinfected, flushed, and tested for total coliforms and E. Coli according to A WW A
Standard C651. While in use, samples must be collected weekly from each independent
temporary watermain network, and analyzed for total coliforrns and E. Coli. Fire
hydrants used for the purpose of supplying water shall be equipped with backflow
prevention assemblies.
I. TERMS AND CONDITIONS - EMERGENCY RESPONSE
CONTINGENCY PLAN
60. The Approval Holder shall maintain a Contingency Plan. The plan shall be designed to
report public health and environmental emergencies described below.
PUBLIC HEALTH EMERGENCIES
61. The Approval Holder shall immediately notify the Department of Health' and Wellness
when a deterioration of the water quality in the distribution system is of such a magnitude
or duration that there is concern for the health and/or safety of the general public.
Examples of situations that warrant such notification include, but are not limited to:
a) detection of E.coli in a drinking water sample (other than raw water prior to
disinfection) ;
b) a stoppage or malfunction of a continuous disinfection system;
c) significant losses of water pressure due to e.g., major fires, loss of power, or
significant line breaks;
d) inability to maintain adequate chlorine residuals; and
e) an increase in turbidity or any exceedance of the Maximum Acceptable
Concentrations (MAC) at the point of entry to the distribution system.
During normal business hours, contact the:
Region 2 - Saint John office of the Department of Health and Wellness at (506) 658-
2454.
After hours, or when there is no answer at the office, contact the after hours beeper
number at (506) 646-1540.
All notifications shall include, as a minimum:
a) a description of the facility, including the name of the Approval Holder;
b) the nature, extent, duration of event;
c) the cause or suspected cause of the event; and
d) any remedial action taken or to be taken to prevent the recurrence of the event.
~\J
SAINT JOHN
W-254
Page 10 of 10
ENVIRONMENTAL EMERGENCIES
62. The Approval Holder shall immediately notify the Department when:
a) there has been, or is likely to be, an unauthorized release of solid, liquid or gaseous
material including wastewater, petroleum or hazardous materials to the environment, or
b) a violation of the Water Quality Regulation or any Approval issued thereunder, is of
such a magnitude or period that there is concern for the health or safety of the
general public, or there could be significant harm to the environment.
During normal business hours, contact the:
Region 4 - Saint John office of the Department of Environment and Local
Government at (506) 658-2558.
After hours, or when there is no answer at the office, contact the:
Canadian Coast Guard at 1-800-565-1633
All notifications shall include, as a minimum:
a)
b)
c)
d)
Prepared by:
Reviewed by:
M & C 2006 - 156
June lih, 2006
His Worship Mayor Norm MacFarlane
And Members of Saint John Common Council
y our Worship and Members of Council,
SUBJECT: CONTINGENCY PLAN FOR DRINKING WATER FACILITIES
The underlying goal of the City of Saint John drinking water service is to make this
community's public drinking water system the very best that it can be. Every man and
woman at Saint John Water understands the very special obligations that go with these
responsibilities. As a team, Saint John Water is dedicated to delivering quality and high
standards - each day, every day, 24 hours per day.
Achieving this goal, however, involves much more than understanding obligations. Source
to tap drinking water safety requires a continuum of effective protective barriers. In New
Bn1l1swick, the basis for management of drinking water facilities is a system of six (6) such
protective barriers or areas of protection:
1. Source
2. Treatment
3. Operations & Maintenance
4. Monitoring & Alarms
5. Distribution System
6. Emelxency Response
PURPOSE OF THIS REpORT
Planning for emergency response is an essential part of operating a well-n1l1 public
drinking water service. As such, a Contingenc.y Planfor Drinking Water Facilities has
been prepared by Saint John Water - to protect the people we serve in the event ofa public
health or environmental emergency related to drinking water.
Common Council is asked to consider and approve the Contingenc.y Plan for Drinking
Water Facilities attached hereto.
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Contingency Plan for Drinking Water Facilities
CONTINGENCY PLAN FOR DRINKING WATER FACILITIES
Drinking water emergencies could have potentially serious health, environmental and
socio-economic consequences. As such, any threat to drinking water safety calls for a
coordinated, community-focused response; with clear decision-making and emergency
operating procedures that inform, reassure and maintain public confidence. The
Contingency Plan for Drinking Water Facilities seeks to provide for pre-event
preparation and operating guidelines that help assure a timely and effective response to
drinking water emergencies.
Aim The aim of the Contingency Plan is to protect public health and safety of the
environment in the event of a drinking water emergency.
The Contingency Plan proposed for the City of Saint John and Saint John Water is
organized into 10 parts, as follows:
Part 1. Contingency Plan: Obligations, Aim and Approval
Part 2. Drinking Water Emergencies
Part 3. Approval to Operate Drinking Water Facilities
Part 4. System Information: Drinking Water Facilities
Part 5. Emergency Reporting and Decision-Making
Part 6. Emergency Public Information
Part 7. Emergency Response
Part 8. Water Quality Testing in Emergencies
Part 9. Return to Normal Operations / Reporting
Part 10. Emergency Training and Contingency Plan Responsibilities
Implementation Implementation measures required to support the Plan would be
developed and administered under the authority of the Commissioner responsible for Saint
John Water, and would be appended to the Contingency Plan recommended by the City
Manager and approved by Common Council.
Emen!ency Response Goals
The emergency response goals of the Plan are:
1. To identify cause and severity, and to initiate effective response action.
2. To quickly notify customers and keep them informed throughout the emergency.
3. To immediately notify and involve the Medical Officer of Health (Region 2) and
the Department of Environment from the outset.
4. To address the conditions that led to the emergency, make improvements and
return to normal operations in a timely, yet diligent, manner.
June 12th, 2006
Page 2
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Contingency Plan for Drinking Water Facilities
Drinkin2 Water Emer2encies
Two types of drinking water emergencies have been identified in New Bmnswick: the first
concerns public health; the other, safety of the environment.
Public Health Emergency A public health emergency related to drinking water exists
when there is, or there is suspected to be, a deterioration of water quality in the
distribution system of such a magnitude or duration that there is concern for the health
and/or safety of the general public.
Environmental Emergency An environmental emergency related to drinking water exists
when: there has been, or is likely to be, an unauthorized release of solid, liquid or gaseous
material including wastewater, petroleum or hazardous materials to the environment; or a
violation of the Water Quality Regulations or any Approval issued thereunder, is of such a
magnitude or period that there is concern for the health or safety of the general public, or
there could be significant harm to the environment.
,S'everity The nature of the response to a drinking water event or emergency will
depend on its severity; the potential consequences for system users and the population at
large. Understanding the level of severity and effectively communicating that will enable an
appropriate response. Public health considerations shall be foremost at all times.
Approval to Operate W-254
The authority to operate drinking water distribution and treatment facilities is provided
under Approval to Operate W-254 issued to the City of Saint John by the Minister of
Environment pursuant to paragraph 8(1) of the Water Quality Regulation - Clean
Environment Act. That approval became effective on April 1 8t, 2006 and is valid to March
318\2001.
The Conditions of Approval highlight the six protective barriers established for drinking
water safety in New Bmnswick.
The Approval to Operate requires that "the Approval Holder shall maintain a
Contingency Plal1. The plan shall be designed to report public health and environmental
emergencies ..."
The Approval Holder is the City of Saint John and, therefore, Common Council.
System Information: Drinkin2 Water Facilities
To provide for the diverse potable, industrial and fire protection needs of the community,
the City of Saint John operates a municipal water system consisting of two major potable
components: one from the East, the other from the West of the city. Treatment in each
system is currently very limited - providing disinfection only.
A separate, stand-alone wellfield system (two wells) serves the Harbourview Subdivision
in the Red Head area of East Saint John. This supply receives no disinfection.
June 12th, 2006
Page 3
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Contingency Plan for Drinking Water Facilities
Emen!encv Reportin!! and Decision-Makin!! Protocol
In June 2004, Common Council adopted an Emergency Reporting and Decision-Making
Protocol for Drinking Water Eme/~f.?encies, in response to the chlorination system
emergency of April 2004. The protocol sought to establish a system of informed decision-
making that sets in motion effective and timely response procedures. Cmcial to the process
is the participation of senior municipal, public health and regulatory officials.
Part 5 of the Contingency Plan for Drinking Water Facilities provides an updated
Protocol that would replace the one approved two years ago.
Emer!!encv Public Information
Part 6 of the Contingency Plan covers emergency public information; it calls for timely and
informative communication with customers, the news media, and the general public in
every drinking water emergency. Public information is a high priority.
Official spokespersons, or their designated alternates, shall deliver all public information
messages to the news media and the general public. Communication with the media shall
be conducted in accordance with the Media Not{f7cation Protocolfor Drinking Water
Emergencies, updated from that approved by Council in June 2004.
Pri11lmy Spokesperson The primary spokesperson for the City of Saint John shall be
the Mayor of Saint John, with the Deputy Mayor acting as the first alternate and a
designated member of Common Council the second alternate to the Mayor.
Officials are designated for support and to provide for other aspects of communication.
Emer!!encv Response
Thoughtful, thorough and timely measures shall assure effective response to drinking water
emergencies: first, to determine the type and severity of the emergency; to take immediate
actions to save lives, prevent injury and minimize damage; to notify parties; and to make
repairs based on priority demand and return the system to normal operation.
Every response to a drinking water emergency or event shall include four phases:
· Assessment: initial evaluation of the emergency or event.
· Immediate Actions: taken to protect life, public health, safety and facilities.
· Not{f7cations: public, staff, officials and agencies to be notified.
· Follow-UpMeasllres: to correct problem, return to normal operations and report.
An emergency response checklist shall be appended to the Contingency Plan.
June 12th, 2006
Page 4
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Contingency Plan for Drinking Water Facilities
Water Qualitv Testin2 in Emer2encies
If contamination of the drinking water system is suspected or possible, the Medical Officer
of Health, Region 2 (NB Department of Health) and NB Department of Environment
(drinking water regulators) shall be notified immediately. Saint John Water shall work with
those officials to identify necessary precautionary measures, including water quality testing
during a drinking water emergency.
An Emergemy Sampling Plan shall be formulated by Saint John Water in the event of a
public health or environmental emergency related to drinking water.
Investi2ation and Reportin2
Every drinking water emergency or major emergency shall be thoroughly investigated. A
report of the investigation shall be submitted in writing to the Commissioner within 30
days of emergency conditions being lifted. The City Manager, in consultation with the
Commissioner, shall determine whether a report to Common Council is required.
Responsibilities and Emer2encv Trainin2
Responsibility for ongoing maintenance and development of the Contingency Plan for
Drinking Water Facilities shall be designated, including coordination of training and
exercises related thereto. Training shall provide officials and staff (employees) with an
understanding of expectations during a drinking water emergency and prepare Saint John
Water for emergency response.
ApPENDICES
Appendices to the Contingency Planfor Drinking Water Facilities shall be developed and
administered under the authority of the Commissioner responsible for Saint John Water.
The following appendices would be included initially:
A. Approval to Operate W-254 Drinking Water Distribution & Treatment Facilities
B. Description: East Drinking Water System
C. Description: West Drinking Water System
D. Approved Sampling Plan
E. Emergency Water Quality Testing
F. Emergency Response
G. Notification, Spokespersons, EOC, Responsible Officials, and Contacts
H. Inventory of Critical Infrastructure
I. Responsibility: Contingency Plan, Training and Exercise
J. Notices: Suggested Wording
K. Guidelines for Canadian Drinking Water Quality
June 12th, 2006
Page 5
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Contingency Plan for Drinking Water Facilities
A copy of the complete document, the Contingency Planfor Drinking Water Facilities
with supporting Appendices, shall be made available for Council pemsal and a copy
permanently filed in the office of the Common Clerk.
CONCLUSION
The safety of drinking water and the facilities in place to provide that water are matters of
cmcial importance to the community.
The aim of the Contingency Planfor Drinking Water Facilities is to protect public health
and safety of the environment in the event of a drinking water emergency. Public health
considerations are foremost at all times.
RECOMMENDATION
It is recommended that Common Council adopt the Contingency Planfor Drinking Water
Facilities (as attached) in accordance with its responsibilities under Approval to Operate
W-254 and authorize that measures required to support that Plan be developed and
administered under the authority of the Commissioner responsible for Saint John Water.
Respectfully submitted,
J.M. Paul Groody, P. Eng.,
Commissioner, Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
June 12th, 2006
Page 6
CONTINGENCY PLAN
FOR
DRINKING WATER FACILITIES
SAINT JOHN WATER
CITY OF SAINT JOHN, NEW BRUNSWICK
JUNE 2006
CONTINGENCY PL4N FOR DRINKING WATER FACILITIES
CITY OF ,S~4INT JOHN
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OUR BUSINESS IS Y OUR WATER
VOTRE EAU, C'EST NOTRE AFFAIRE
% OurCommuni~
Vie Contingency Pian fir rJJlinl{jng Water tFaciaties lias been prepared to
protect you - tlie people we serve - in tlie event if an eme1JJency reiated to
dnitl{jng water. !l[ffictive eme1JJency response is one if tlie Sl.:r protective
baniers estabfisliedjOr dnitliJitg water sqftty lit JVew (/Jrunswic{
!Every man and woman at Salitt .Jolin Water understandS our very speciaf
obaiJations fir pubac lieartli and sqftty if tlie environment. ,;ls a tea~ we
are dedicatedto deavenitg 'luaaiy and liigli standardS - eacli da~ every da~
24liours per day.
We fOo/(flrward to worliJitg wztli you to malif your pubac dnitliJitg water
system tlie best tliat It can be.
Slitcerefj
Vie People at Salitt .Jolin Water
JUNE 2006
,S~4INT JOHN W4TER
P4GE 2
CONTINGENCY PL4N FOR DRINKING WATER FACILITIES
CITY OF ,S~4INT JOHN
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TABLE OF CONTENTS
CONTINGENCY PLAN FOR
DRINKING WATER FACILITIES
Part 1. CONTINGENCY PLAN: OBLIGATIONS, AIM AND APPROVAL 4
Contingency Plan for Emergencies
Emergency Response Goals
Approval and Implementation
Part 2. DRINKING WATER EMERGENCIES 5
Public Health Emergency
Environmental Emergency
Severity: Categories of Drinking Water Events
Part 3. ApPROVAL TO OPERATE DRINKING WATER FACILITIES 6
City of Saint John: Approval to Operate W-254
Part 4. SYSTEM INFORMATION: DRINKING WATER FACILITIES 7
Public Water System
Overview: Drinking Water Facilities
Saint John Water: Responsible Officials / Operators
Part 5. EMERGENCY REpORTING AND DECISION-MAKING 8
Emergency Reporting and Decision-Making Protocol
For Drinking Water Emergencies
Part 6. EMERGENCY PUBLIC INFORMATION 10
Clear, Accurate and Consistent Message: Properly Delivered
Official Spokespersons
Media Notification Protocol for Drinking Water Emergencies
Health Advisories
Part 7. EMERGENCY RESPONSE 13
Overview: Response Actions
Priority Emergency Scenarios
Part 8. WATER QUALITY TESTING IN EMERGENCIES 14
Approved Sampling Plan
Contamination Suspected
Emergency Sampling Plan
Part 9. RETURN TO NORMAL OPERATIONS / REpORTING 15
Restoration of Services
Investigation and Reporting
Part 10. CONTINGENCY PLAN RESPONSIBILITIES AND EMERGENCY TRAINING 16
Responsibilities: Contingency Plan
Training
Exercises
JUNE 2006 ,S~4INT JOHN W4TER P4GE 3
CONTINGENCY PL4N FOR DRINKING WATER FACILITIES
CITY OF ,S~4INT JOHN
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1
CONTINGENCY PLAN:
OBLIGA TIONS, AIM AND ApPROVAL
Operating a public drinking water system carries with it some very special obligations -
informed governance, diligent management and the highest standards of operation are
essential - each day, every day, 24 hours a day.
Foremost among these is protecting the health and safety of the people who consume the
water; the reason for stringent water quality regulations and utility operating practices.
Drinking water must be clear, colourless and odourless, and free of all disease-causing
micro-organisms (pathogens) or harmful chemicals.
CONTINGENCY PLAN FOR EMERGENCIES
The City of Saint John recognizes that a contingency plan for emergencies is a crucial
part of a well-run drinking water service. It represents a key protective barrier, one that
provides for pre-event preparation and operating guidelines that help assure timely and
effective response to drinking water emergencies.
Drinking water emergencies could have potentially serious health, environmental and
socio-economic consequences. As such, any threat to drinking water safety in Saint John
calls for a coordinated, community focused response; clear decision-making and
emergency operating procedures that inform, reassure and maintain public confidence.
Aim The aim of the Contingency Plan for Drinking Water Facilities is to protect
public health and safety of the environment in the event of a drinking water emergency.
EMERGENCY RESPONSE GOALS
1. To identify cause and severity, and to initiate effective response action.
2. To quickly notify customers and keep them informed throughout the emergency.
3. To immediately notify and involve the Medical Officer of Health (Region 2) and
the Department of Environment from the outset.
4. To address the conditions that led to the emergency, make improvements and
return to normal operations in a timely, yet diligent, manner.
ApPROVAL AND IMPLEMENTATION
The Contingency Plan for Drinking Water Facilities has been recommended by the City
Manager and is adopted by Common Council of the City of Saint John in accordance
with its responsibilities under Approval to Operate W-254. Implementation measures
required to support the Plan shall be developed and administered under the authority of
the Commissioner responsible for Saint John Water, and shall be appended hereto.
JUNE 2006
,S~4INT JOHN W4TER
P4GE.:/
CONTINGENCY PL4N FOR DRINKING WATER FACILITIES
CITY OF ,S~4INT JOHN
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DRINKING WATER EMERGENCIES
PUBLIC HEALTH EMERGENCY
A public health emergency related to drinking water exists when there is, or there is
suspected to be, a deterioration of water quality in the distribution system of such a
magnitude or duration that there is concern for the health and/or safety of the general
public. Examples of situations include, but are not limited to:
a) Detection of E. coli in a drinking water sample (other than raw water prior to
disinfection);
b) A stoppage or malfunction of a continuous disinfection system;
c) Significant losses of water pressure due to, for example, major fires, loss of
power, or significant line breaks;
d) Inability to maintain adequate chlorine residuals; and
e) An increase in turbidity or any exceedance of the Maximum Acceptable
Concentrations (MAC) at the point of entry to the distribution system.
ENVIRONMENTAL EMERGENCY
An environmental emergency related to drinking water exists when:
a) There has been, or is likely to be, an unauthorized release of solid, liquid or
gaseous material including wastewater, petroleum or hazardous materials to the
environment; or
b) A violation of the Water Quality Regulations or any Approval issued thereunder,
is of such a magnitude or period that there is concern for the health or safety of
the general public, or there could be significant harm to the environment.
SEVERITY: CATEGORIES OF DRINKING WATER EVENTS
The nature of the response to a drinking water event or emergency will depend on its
severity; the potential consequences for system users and the population at large.
Understanding the level of severity and effectively communicating that will enable an
appropriate response to be achieved.
Public health considerations shall be foremost at all times.
Specific parameters for categories of severity and the responsibility for direction of each
level of response shall be established.
JUNE 2006
,S~4INT JOHN W4TER
P4GE 5
CONTINGENCY PL4N FOR DRINKING WATER FACILITIES
CITY OF ,S~4INT JOHN
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ApPROVAL TO OPERATE
DRINKING WATER FACILITIES
CITY OF SAINT JOHN: ApPROVAL TO OPERATE W-254
The authority to operate drinking water distribution and treatment facilities is provided
under Approval to Operate W-254 issued to the City of Saint John by the Minister of
Environment pursuant to paragraph 8(1) of the Water Quality Regulation ~ Clean
Environment Act. The Conditions of Approval are organized under several headings in
Schedule "A" to the Approval to Operate and highlight the six protective barriers
established for drinking water safety in New Brunswick:
A. Description of Water Works
B. Definitions
c. General Information
D. Terms and Conditions - Source
E. Terms and Conditions - Treatment
F. Terms and Conditions - Operations & Maintenance
G. Terms and Conditions - Monitoring & Alarms
H. Terms and Conditions - Distribution System
I. Terms and Conditions - Emergency Response
CERTIFICATE OF APPROVAL TO OPERATE
Approval Holder: The City of Saint John
System Identification: Drinking Water Distribution & Treatment Facilities
Approval to Operate: W-254
Operation Classification: Class IV WD / Class II WT
Mailing Address: City of Saint John
P.O. Box 1971
Saint John, NB E2L 4Ll
Conditions of Approval: See Schedule" A" of the Approval to Operate
Certificate Valid From/To: From April 01, 2006/ To March 31, 2011
Population served: 66,178 people / 12,679 connections
JUNE 2006
,S~4INT JOHN W4TER
P4GE6
CONTINGENCY PL4N FOR DRINKING WATER FACILITIES
CITY OF ,S~4INT JOHN
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SYSTEM INFORMATION: DRINKING WATER
FACILITIES
PUBLIC WATER SYSTEM
The history of pu blic water in Saint John goes back over 160 years to 1837. The existing
public system serves upwards of 100,000 people daily, including visitors, workers and
students from outside the city, along with almost 3,000 industrial, commercial and
institutional customers, some of which consume very large volumes of water.
OVERVIEW: DRINKING WATER FACILITIES
To provide for the diverse potable, industrial and fire protection needs of the community,
the City of Saint John operates a municipal water system consisting of two major potable
components: one from the East, the other from the West of the city. Treatment facilities
in each system are currently disinfection stations only. Water reaches users through
combined gravity flow and pumping (boosted zones and to reservoirs), with pressure
reducing valves used to regulate low elevation areas.
Treatment of the water in both the East and West (potable) systems is limited to coarse
screening, disinfection (chlorination) and fluoridation.
A separate, stand-alone wellfield system (two wells) serves the Harbourview Subdivision
in the Red Head area of East Saint John. This supply receives no disinfection treatment.
There is a significant draw for industrial uses from the East system, including un-
chlorinated (raw) water that is released into the Little River system from Latimer Lake.
There are two separate and dedicated industrial (raw) water schemes in the West; in
those, water flows by gravity to the New Brunswick Power Generating Station at Colsen
Cove and to Irving Pulp & Paper/Irving Tissue near Reversing Falls.
An inventory of critical drinking water infrastructure shall be identified, documented and
appended hereto.
SAINT JOHN WATER: RESPONSIBLE OFFICIALS / OPERATORS
Responsible officials and system operators of the City of Saint John and its utility, Saint
John Water, shall be identified in an appendix attached hereto. Associated agencies and
their representatives that could be called upon to support an emergency response shall
also be duly listed.
The offices of Saint John Water are located at 175 Rothesay Avenue, Saint John.
JUNE 2006
,S~4INT JOHN W4TER
P4GE 7
CONTINGENCY PL4N FOR DRINKING W4TER FACILITIES
CITY OF ,S~4INT JOHN
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5
EMERGENCY REPORTING AND
DECISION-MAKING PROTOCOL
EMERGENCY REpORTING AND DECISION-MAKING PROTOCOL
FOR DRINKING WATER EMERGENCIES
High quality, safe and reliable drinking water services are crucial to the very life of a
community. Each person involved in managing or operating the drinking water facilities
of Saint John Water plays a vitally important role in delivering this essential service to
the community, citizens, industry and visitors to Saint John.
A water system emergency or breakdown, with potentially serious health, environmental
and socio-economic consequences, calls for a coordinated, community-focused response.
Decision-making needs to be expeditious and could lead to activation of this Contingency
Plan. Not everything that needs consideration will be readily clear. The goal is informed
decision-making that sets in motion effective and timely response procedures. Crucial to
the process is the participation of senior municipal, public health and regulatory officials.
Provided in this part are procedures to be followed in the event of an actual or potential
public health or environmental emergency related to drinking water. All those involved in
the direction and delivery of water services shall be conversant with the requirements of
this protocol and, when the need arises, shall be fully prepared to act.
Immediate Notification of Responsible Officials
Effective response in emergencies requires timely reporting and unambiguous decisions.
In the event of an actual or potential public health or environmental emergency related to
drinking water facilities, the procedures outlined herein shall be applied and there shall be
immediate notification of senior officials of Saint John Water and the City of Saint John,
the Department of Health and the Department of Environment.
Not~fication Information
Notification shall provide all available information relating to the event, but include as a
mll11m u m:
a) A description of the facility or facilities affected;
b) The nature, extent, duration, and environmental impacts of the event;
c) The cause or suspected cause of the event; and
d) Any remedial action taken or planned to mitigate the impact of the emergency.
JUNE 2006
,S~4INT JOHN W4TER
P4GE 8
CONTINGENCY PL4N FOR DRINKING W4TER FACILITIES
CITY OF ,S~4INT JOHN
Decision- Makin2
Responsible officials, or their designated alternates, shall provide general direction
concerning the actual or potential public health or environmental emergency relating to
drinking water facilities:
a) City Manager;
b) Commissioner;
c) Manager, Water & Wastewater Operations;
d) Operations Manager(s) - as applicable;
e) Chief Water Quality Inspector;
f) Corporate Communications Officer;
g) Medical Officer of Health, Public Health Services, Region 2, Saint John; and
h) Manager, Water Treatment and Distribution Section, Stewardship Branch, DOE.
Responsible officials, or their designated alternates, shall come together and/or
communicate in person and/or via conference call. The communication or dialogue
process shall be coordinated by the Saint John Water official directing the emergency
response. The decision-making process shall not be delayed by the unavailability of any
official or designated alternate. Furthermore, the particular circumstances of the
emergency may require the participation of others.
The Medical Officer of Health has jurisdiction over and shall initiate and rescind all
general boil-water orders relating to any actual or potential public health emergency
concerning drinking water facilities.
Activation of Contin2encv Plan
Where deemed necessary, the Commissioner, or his designated alternate, shall activate
the Contingency Planfor Drinking Water Facilities.
Upon activation of the Contingency Plan, the Saint John Water official directing the
emergency response shall assign staff to make the necessary notifications and the public
notification process (for emergencies relating to drinking water facilities) shall be
initiated.
The Saint John Water official directing the emergency response shall assIgn staff to
determine the nature, extent, cause, duration, and impacts of the event.
Maintenance of Responsible Officials List
The emergency reporting contact list of responsible officials shall be maintained by Saint
John Water and appended hereto. This shall include up-to-date names and contact
numbers for officials of the Department of Health and the Department of Environment.
JUNE 2006
,S~4INT JOHN W4TER
P4GE 9
CONTINGENCY PL4N FOR DRINKING W4TER FACILITIES
CITY OF ,S~4INT JOHN
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EMERGENCY PUBLIC INFORMATION
CLEAR, ACCURATE AND CONSISTENT MESSAGE: PROPERLY DELIVERED
Timely and informative communication with customers, the news media, and the general
public is vital in every drinking water emergency. Emergency response procedures shall
make public information a high priority; maintained throughout the emergency.
OFFICIAL SPOKESPERSONS
Official spokespersons, or their designated alternates, shall deliver all public information
messages to the news media and the general public. Communication with the media shall
be conducted in accordance with the Media Not{j7cation Protocol for Drinking Water
Emergencies, which follows in this part. Direct communication with customers shall be
carried out by officials and staff of Saint John Water, as required and where practical.
The primary spokesperson for the City of Saint John shall be the Mayor, with the Deputy
Mayor acting as the first alternate and a designated member of Common Council the
second alternate to the Mayor.
Other designated spokespersons for general, administrative, servIce and operational
information shall be identified.
MEDIA NOTIFICATION PROTOCOL
FOR DRINKING WATER EMERGENCIES
Goal The goal of this protocol is effective media notification in the event of an actual
or potential drinking water emergency. Timely, accurate and informative public
notification in a drinking water emergency is crucial. The media has a central role to play
in acting on that responsibility.
Public notification in times of crisis must be timely, accurate and informative. The initial
period of an emergency is the most critical in managing the crisis and the media is central
to getting the message out. The Saint John media understands its public information
responsibilities in emergencies and is committed to assisting Saint John Water.
The Media Not{j7cation Protocol for Drinking Water Emergencies is a collaborative
process established for the timely dissemination of information in public health and
environmental emergencies related to drinking water. It is designed to inform the public
of an event that places anyone at risk.
JUNE 2006
,S~4INT JOHN W4TER
P4GE 10
CONTINGENCY PL4N FOR DRINKING W4TER FACILITIES
CITY OF ,S~4INT JOHN
The public information team shall include the Mayor or designated alternate, senior staff,
public health and environment officials, and others as required. A facilitator shall plan,
organize information dissemination and coordinate news conferences. Individual or ad
hoc communications shall be limited to very special circumstances only.
Upon activation of the Contingency Plan for Drinking Water Facilities, the public
notification process shall be initiated.
Media notification shall include an initial media release and a follow-up news conference
(coordinated by the Corporate Communications Officer) and ongoing communications.
The process shall involve officials of the City of Saint John, Saint John Water, the NB
Department of Health, and the NB Department of Environment.
Initial Media Release
The initial media release shall be issued by the Corporate Communications Officer, or
designated alternate, and shall include a description of the facility involved and the
nature, extent, duration, and environmental impacts of the event.
News Conferences
The news conference shall convey to the public, through the media, clear and factual
information relating to the drinking water emergency or potential emergency, answer
questions arising from that information, and explain the process for any subsequent
media briefings and interviews. The process shall provide accurate information,
coordinated delivery and a comprehensive picture of the emergency.
The Corporate Communications Officer, or designated alternate, shall:
a) Make direct contact with the Mayor, or designated alternate, in preparation for the
public notification process and news conference.
b) Organize a follow-up news conference to convey information to the media
concerning the actual or potential public health or environmental emergency
relating to drinking water facilities.
The following officials, or designated alternates, shall participate in news conferences:
a) Mayor;
b) City Manager;
c) Commissioner, Municipal Operations & Engineering (Saint John Water);
d) Other officials and staff deemed necessary;
e) Medical Officer of Health, Public Health Services, Region 2, Saint John; and
f) Manager, Water Treatment and Distribution Section, Stewardship Branch, DOE.
JUNE 2006
,S~4INT JOHN W4TER
P4GE 11
CONTINGENCY PL4N FOR DRINKING W4TER FACILITIES
CITY OF ,S~4INT JOHN
Information provided should be as complete as possible, but include as a minimum:
a) A description of the facility or facilities affected;
b) The nature, extent, duration, and environmental impacts of the event;
c) The cause or suspected cause of the event, ifunderstood at the time;
d) Remedial action taken or to be taken; and
e) Clear guidance regarding a boil water order that may be issued.
Media Partners
Media agencies in Saint John understand fully the importance of timely public
notification of an emergency and understand their responsibilities to the community in
such circumstances. Media agencies have provided an emergency contact list of three or
more people for each outlet (in order of contact), have committed to keep that contact list
up-to-date, and will communicate any changes to the Corporate Communications Officer.
The contact list for media notification shall be maintained and kept current by the
Corporate Communications Officer and conveyed to responsible officials.
HEAL TH ADVISORIES
During events where water quality and human health may be at risk, it shall be necessary
to issue a public health advisory or boil water order. Boil water orders are issued to the
City of Saint John (Saint John Water) only by the Medical Officer of Health, when he/she
concludes there could be a health risk to consumers.
Only the Medical Officer of Health can rescind such orders.
Saint John Water shall ensure the message to water consumers and to the general public
is clear, delivered early and reinforced, as required.
JUNE 2006
,S~4INT JOHN W4TER
P4GE 12
CONTINGENCY PL4N FOR DRINKING W4TER FACILITIES
CITY OF ,S~4INT JOHN
~ John /.-111.
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7
EMERGENCY RESPONSE OVERVIEW
Thoughtful, thorough and timely measures shall assure effective response to drinking
water emergencies: first, to determine the type and severity of the emergency; to take
immediate actions to save lives, prevent injury and minimize damage; to notify parties;
and to make repairs based on priority demand and return the system to normal operation.
OVERVIEW: RESPONSE ACTIONS
Every response to a drinking water emergency or event shall include four phases:
· Assessment: initial evaluation of the emergency or event.
· Immediate Actions: taken to protect life, public health, safety and facilities.
· Notifications: public, staff, officials and agencies to be notified.
· Follow-Up Measures: to correct problem, return to normal operations and report.
Checklist
An emergency response checklist shall be appended hereto.
Responsible Judgement It is recognized that responsible judgement and common
sense will be vital in evaluating the particular circumstances of an emergency and in
taking prompt action to protect public health and safety of the environment. Checklists
cannot cover every eventuality.
PRIORITY EMERGENCY SCENARIOS
A hazard analysis and risk assessment has highlighted eleven emergency scenarios as
priorities. Particular reference shall be made to these in detailed response procedures:
#1 Power Outage General
#2 Transmission Main Failure
#3 Watershed Contamination
#4 Chlorination System Disruption/Failure
#5 Microbial Contamination (System)
#6 Intake Malfunction
#7 SCADA Malfunction/Failure
#8 System Contamination (Backflow Event)
#9 Harbour View Malfunction/Contamination
#10 Loss of Staff: Business Continuity
#11 Dam Failure
JUNE 2006
,S~4INT JOHN W4TER
P4GE 13
CONTINGENCY PL4N FOR DRINKING W4TER FACILITIES
CITY OF ,S~4INT JOHN
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8
WATER QUALITY TESTING IN EMERGENCIES
ApPROVED SAMPLING PLAN
The Province of New Brunswick has issued an Approved Sampling Plan to the City of
Saint John which provides for the ongoing collection and testing of water in drinking
water facilities. The approach reflects standardization and quality control of sampling
information across the province.
The Approved Sampling Plan is approved by the Department of Health, while day-to-day
management of sampling plan information is the responsibility of the Department of
Environment.
The Approved Sampling Plan shall form the basis for water quality testing in drinking
water emergencies.
CONTAMINATION SUSPECTED
If contamination of the drinking water system is suspected or possible, the Medical
Officer of Health, Region 2 (NB Department of Health) and NB Department of
Environment (drinking water regulators) shall be notified immediately.
Saint John Water shall work with Health and Environment officials to identify necessary
precautionary measures, including water quality testing during a drinking water
emergency.
EMERGENCY SAMPLING PLAN
An Emergency Sampling Plan shall be formulated by Saint John Water, in consultation
with the Medical Officer of Health and the Department of Environment, in the event of a
public health or environmental emergency related to drinking water. The Emergency
Sampling Plan shall be documented.
Data collected for the Emergency Sampling Plan shall be documented in the standard
reporting format, with a complete record maintained and incorporated into the follow-up
report on the emergency.
JUNE 2006
,S~4INT JOHN W4TER
P4GE 1.:/
CONTINGENCY PL4N FOR DRINKING W4TER FACILITIES
CITY OF ,S~4INT JOHN
~ John /.-111.
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9
RETURN TO NORMAL OPERATIONS / REPORTING
RESTORATION OF SERVICES
After responding to any drinking water emergency, Saint John Water shall strive to
restore services to customers as soon as practicable. However, before operations can
return to normal, several conditions must be satisfied:
1. The root cause shall be determined and the problem rectified, after consultation
with the Medical Officer of Health and the Department of Environment.
2. A preliminary report outlining the emergency has been prepared.
3. As shown through water quality testing, any threat or potential threat to public
health, public safety or safety of the environment has been eliminated.
4. The Medical Officer of Health and the Department of Environment are satisfied
that any related orders or advisories can be lifted.
5. After consultation, the Commissioner is satisfied that emergency conditions can
be lifted and the restoration of service is appropriate.
INVESTIGATION AND REPORTING
Every drinking water emergency or major emergency shall be thoroughly investigated.
The Commissioner may also direct investigation of any drinking water event deemed
necessary. The investigation's report shall include, but not be limited to, the following:
· Purpose clearly identified
· Review of relevant background information
· Listing of references and related documentation
· Summary of investigation process, including meetings, interviews and site visits
· Review all public health and environmental considerations
· Review of Approval to Operate, specifically the Conditions of Approval
· Review of system (transmission/distribution, mechanical, electrical and control)
· Water quality issues and sampling procedures undertaken
· Information to the public
· Corrective measures taken (immediate and to prevent future occurrence)
A report of the investigation shall be submitted in writing to the Commissioner within 30
days of emergency conditions being lifted. The City Manager, in consultation with the
Commissioner, shall determine whether a report to Common Council is required.
JUNE 2006
,S~4INT JOHN W4TER
P4GE 15
CONTINGENCY PL4N FOR DRINKING W4TER FACILITIES
CITY OF ,S~4INT JOHN
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10
CONTINGENCY PLAN RESPONSIBILITIES
AND EMERGENCY TRAINING
RESPONSIBILITIES: CONTINGENCY PLAN
The Commissioner shall designate responsibility for ongoing maintenance and
development of the Contingency Plan for Drinking Water Facilities, including
coordination of training and exercises related thereto.
A formal review of the Contingency Plan and appendices thereto shall be undertaken
annually to evaluate overall effectiveness and to ensure that procedures are up-to-date.
TRAINING
Training on the Contingency Plan for Drinking Water Facilities and its appendices shall
provide officials and staff ( employees) with an understanding of expectations during a
drinking water emergency and prepare Saint John Water for emergency response.
All staff employed in the delivery of drinking water services shall complete such training
and participate in an annual refresher seminar.
EXERCISES
Emergency response exercises shall be organized and carried out to acquaint officials,
staff and others with their responsibilities during an emergency, to practice response
procedures, and to determine the strengths and weaknesses of the Contingency Plan for
Drinking Water Facilities. The experience gained through these rehearsals shall be used
to enhance the plan and strengthen emergency response capabilities.
Members of the public, institutions and local industries may also be asked to participate.
JUNE 2006
,S~4INT JOHN W4TER
P4GE 16
M&C2006-168
June 13th, 2006
His Worship Mayor Norm McFarlane
And Members of Common Council
y our Worship and Members of Council,
SUBJECT: LATIMER LAKE WATER TREATMENT FACILITY
JUNE 2006 FLUORIDE INCIDENT AND OTHER MATTERS
PURPOSE
The purpose of this report is to provide Council with an overview of the incident of Tuesday
June 6th, 2006 at the fluoride building located at the Latimer Lake water treatment facility.
Also, staff must highlight concerns about the Latimer Lake facility generally.
BACKGROUND
The fluoride building located at the Latimer Lake water treatment facility just off ofEldersely
Avenue on the Pipeline Road East and adjacent to the chlorination building has on site two
bulk storage hydrofluosilicic acid (commonly referred to as fluoride) tanks. Each bulk storage
tank has a capacity of27,300 litres; therefore a combined bulk storage total of54,600 litres of
fluoride can be stored on site. In addition to the bulk storage, there are two "day tanks" on
site located in the chlorination building; each has a capacity of 2,200 litres.
ANALYSIS
At approximately 2:20 pm on Tuesday, June 6th, staff observed smoke exiting the roofvents
of the fluoride building. No one was in the structure at the time; however, staffwas on site at
the Latimer Lake facility performing regular maintenance duties. A transfer offluoride from
the bulk tanks to the smaller "day tanks" had been completed a short time earlier.
Upon noticing the smoke, staff immediately called 911 and then shut off the power to the bulk
storage tanks and to the fluoride injection pumps. (The quick reaction of employees who
happened to be on site prevented the situation from getting worse.) Power to the bulk storage
tanks was shut off because of heat tracer tape that surrounds the synthetic liner of the tanks
which contains the fluoride. With the power was shut off, the smoke stopped a short time
later. As previously noted, adjacent to the fluoride building is the chlorine injection building
which was not impacted by this incident.
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Latimer Lake Water Treatment Facility
June 2006 Fluoride Incident and Other Matters
In accordance with the certificate of Approval to Operate drinking water distribution and
treatment facilities, staff contacted and discussed the incident with both the Department of
Health and the Department of Environment. Water quality was not compromised during the
incident as the fluoride injection pumps were turned off. (Fluoride injection is done from the
"day tanks" which are located in chlorination building.)
There were no injuries as a result of the incident and staffis currently making arrangements to
have the remaining fluoride, approximately 10,000 litres in each of the two bulk storage tanks
removed from site and disposed of. The smoldering within the storage tanks has compromised
the quality of the fluoride and it cannot be re-used. It is expected that the fluoride will be
removed from site over the next two weeks. Once that is done, the synthetic liners within the
tanks will have to be removed and replaced. The electrical system and the wood surrounding
the liner will, at least, need to be inspected.
It is remains unclear if the liner failed spilling the acid onto the heat tracer tape, or if the heat
tracer tape lead to the failure of the liner. Staff has reviewed the site and engaged an electrical
engineer to investigate the incident to determine if the electrical system caused the problem.
It is also uncertain exactly how long the fluoride system will be shut down; however, at this
time, it is expected to be approximately 3 months and perhaps longer before the system can be
made operational. During this time, fluoride will not be injected into the East drinking water
system. Fluoride treatment is not mandatory for drinking water; therefore, the drinking water
from Latimer Lake still meets the Guidelinesfor Canadian Drinking Water Quality.
CONCERN: LA TIMER LAKE WATER TREATMENT FACILITY
Among the actions undertaken in follow-up to the water service disruption and boil water
order of April 2004 (concerning the Latimer Lake facility) was a full assessment of electrical
systems. The Report to Common Council, dated June 25th, 2004, at page 36 refers:
27. Electrical..fi;'ystems Condition Survey
"A Requestfor Proposal, Engineering Services for Spruce Lake and Latimer Lake
Water Treatment Plants: Electrical5~vstems Condition Survey, June 2004, attached as
Appendix "0", shall be advertised by July 31 '\ 2004. The evaluation of the two water
treatment plants shall address the following: power and distribution systems; motors;
wiring and cabling; equipment enclosures; alarm systems including water quality,
safety, security and equipment monitoring; peripheral devices; documentation review;
safety aspects; and other aspects as listed. The services shall be managed through the
Engineering Manager, Municipal Engineering and divided into 3 parts: Preliminary
Investigation and Data Collection; Report of Preliminary Findings, Cost Estimates and
Potential Work Schedule; and Final Report. Funding for this analysis shall be
reallocated from existing operating budget levels within water and wastewater
programs. "
The Electrical5~vstel11s Condition Survey of both water treatment facilities, Latimer Lake and
June 13th, 2006
Page 2
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Latimer Lake Water Treatment Facility
June 2006 Fluoride Incident and Other Matters
Spmce Lake, was undertaken and two detailed electrical engineering reports prepared by
Ralph Smith Engineering Inc., the successful finn in a Request for Proposal process. The
reports on the facilities detailed a series of measures needed to correct deficiencies and
improve electrical and control systems reliability at each plant.
Council has acted on the most essential of those recommendations by approving an upgrade
project in the 2006 Capital Program for each plant.
The possibility of constmcting completely new intake and chlorination facilities was also
considered by staff before making that recommendation to Council. After a joint operational
inspection of both facilities last year by management, water treatment plant operators and
engineering staff, it was concluded that replacement and upgrade of the entire Latimer Lake
facility needed to be put on an expedited timeline. The facility is antiquated and seriously
inadequate.
However, the preliminary estimate for new facilities was very, very high. Furthermore, the
timeline required for planning, engineering and environmental assessment would mean too
long of a delay. Safety and reliability improvements are necessary now.
A total of$830,000 has been budgeted for electrical and other improvements at Latimer Lake
alone; a lot of money for an old facility. The tender for the work has been advertised; a
recommendation is expected to be brought to Council in the coming weeks.
This matter is raised in conjunction with the fluoride incident because of the very serious
concerns (of staff) about the overall reliability and suitability of the Latimer Lake treatment
facility. Not only is it inadequate from the perspective of modern treatment standards, its
reliability to fulfill essential functions is also a concern. Council should understand that the
City was fortunate the failure of June 6th affected the fluoride system and not the chlorinator;
the situation could have been much worse.
2004 STRATEGIC DIRECTION: SAFE DRINKING WATER
Ideally, a fully filtered and improved water system would be in place in the near future.
However, much work is required to get the City of Saint John where it needs to be. In
Council's strategic direction, Water and Environmental Outcomes Essentialfor Saint John,
the following goal was set out for safe drinking water:
Fully treated potable water service in operation by 2012
Achieving that goal would mean constmction of modern water treatment facilities for Saint
John in 2010 and 2011, along with other related projects leading up to that time and a few
afterwards. The cost of treatment plant construction (2) alone was estimated in 2004 at about
$82.5 million; $41.26 million in each of2010 and 2011. Overall, the cost of achieving our safe
drinking water objective, from 2005 to 2014, was estimated at $130.6 million.
CLOSING REMARKS
June 13th, 2006
Page 3
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Latimer Lake Water Treatment Facility
June 2006 Fluoride Incident and Other Matters
Y our staff does not relish the idea of placing this huge service challenge for the water utility
before Common Council. However, we are obliged to bring very real concerns to your
attention and to work with you to find the means of addressing the life-essential water needs
of the community. This is not something that can be put off indefinitely; in fact, the clock
must be seen as ticking down.
RECOMMENDA TION
It is recommended that Common Council re-focus its attention on Safe Drinking Water, and
that this report be received and filed.
Respectfully submitted,
J. M. Paul Groody, P .Eng.
Commissioner
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
June 13th, 2006
Page 4
M & C 2006 - 162
June 13th, 2006
His Worship Mayor Norm McFarlane
And Members of Common Council
y our Worship and Members of Council,
SUBJECT: WATER MAIN CLEANING AND LINING PROGRAM
PURPOSE
The purpose of this report is to inform Council and the public on the water main cleaning
and lining program initiated by Common Council on May 23rd. Also, staff will report on
the results of a pilot project recently completed on Manchester and Carle Avenues.
BACKGROUND
Last month, Common Council approved the reallocation of $400,000 in the 2006 Water
and Sewerage Utility Fund Capital Program, offset from other projects, to initiate
implementation of a water main cleaning and lining project in 2006 (M&C 2006-128).
ANALYSIS
Municipal Operations & Engineering has identified the need
for and the viability of an ongoing Water Main Cleaning &
Lining Program - to rehabilitate unlined cast iron water
mains across the city's water distribution system. Unlined
cast iron mains installed up to the middle of the 1900s are
subject to a phenomenon called tuberculation, a build-up on
the inside wall of the pipe. Over time, that build-up reduces
the pipe's internal diameter and, in turn, leads to decreased
water pressure and available fire flows. Also, tuberculation
is a major contributor to water quality problems such as
colour, iron content and reduced chlorine residual.
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Sections of unlined cast iron pipe that exhibit good stmctural integrity will be selected for
internal cleaning and lining. This procedure will not only clean the lines and improve
their flow capacity; it will also appreciably extend the service life of candidate water
mains. It is anticipated that this will be an ongoing program for some years to come -
until all candidate pipes have been identified and rehabilitated.
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Water Main Cleaning and Lining Program
Cast iron was used for water mains in Saint John from 1837 to about 1970. Except for the
most recent of those years, the pipes were not lined. Cement lining did not become
common until the 1950s. Through the 50s and 60s, the City did some relining; a
considerable amount of older pipe was cleaned and lined with cement during that period.
Some areas where water is currently delivered through unlined cast iron pipes include:
East Saint John around Courtenay Avenue and Edith Street; West Saint John around
Watson and Ludlow Streets; sections of Quinton Heights; areas off Main Street West;
Kennebecasis Drive; and others. Staff estimates that approximately 175 km of unlined
cast iron water main remains in service. These mains, distributed all over our serviced
area in neighbourhood sized pockets, need to be lined or replaced with new pipe.
How big is the problem? Many of the calls received from customers with water quality
concerns can be attributed directly to unlined cast iron mains. Often the issue is addressed
in the short term by flushing water through a fire hydrant to get rid of any "dirty" water
that might be in the system. Usually, this procedure solves the problem only for a short
time, usually less than a week. Large volumes of water have to be "wasted" flushing the
system to address neighbourhood water quality issues. The cost of doing this will rise
considerably when full treatment comes on line in the near future.
Besides delivering a product that is not aesthetically pleasing, these issues consume
considerable time and resources. These valuable and limited resources could be utilized
far more beneficially - towards effecting system improvements and lasting solutions.
Another consequence of tuberculation is reduced fire flows. A study conducted during
last year's unidirectional flushing program (September 2005) revealed that some streets
in the Lower West Side do not have recommended fire flow rates.
The unidirectional flushing program introduced over the last couple of years is another
procedure to improve water quality, fire flows and understanding of what is happening in
our water system. The data collected through this program has been most valuable.
The Water Main Cleaning & Lining Program is an important and positive initiative; one
that will have a major impact on improving water quality, fire flows and service to
citizens in neighbourhoods across the city.
Cleanin2 and Linin2 Process
The process works on a very simple premise, but using relatively high-tech materials and
equipment. The water main is first isolated, drained and sections of pipe about 1m long
are removed from each end of the line to be cleaned. A rack-feed boring machine cleans
out the tuberculation with a spinning head that is first pushed through the pipe with steel
rods and then pulled back through. After the pipe is flushed and swabbed clean, the lining
is sprayed onto the inside of the main with a spinning nozzle. The two part polyurethane
lining cures in less than a minute and is immediately ready for final inspection with a
video camera. The pipes are then reconnected and water is flushed through.
June 13t11, 2006
Page 2
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Water Main Cleaning and Lining Program
The method is designed to disrupt people for only one day. The most economical and
effective approach to the cleaning and lining process is to shut off service to customers
(with sufficient advanced warning) and return to them to service the same day.
Pilot Project
The small pilot project completed on Carle Avenue and a part of Manchester Avenue in
May has shown very positive results. About 500m of cast iron pipe was successfully
cleaned and lined. A very important and innovative step taken by our operations and
engineering staff was to do the work without temporary water services. The polyurethane
cures very fast so that the main can be returned to service by the end of the same day.
This saves much time and considerable money, without compromising safety or quality.
Data has been assembled and results discussed with customers along the streets involved.
Summarized below is some of the drinking water quality data collected prior to and after
the cleaning and lining pilot project. As can be seen by the data from Manchester
Avenue, the pilot project work has dramatically improved the drinking water quality for
the three residences sampled. Numbers that were well outside of Guidelinesfor Canadian
Drinking Water Quality (GCDWQ) now meet or exceed those standards.
Particularly important is the data related to free chlorine; the increase in free chlorine
within the distribution system provides protection against the growth of organisms. Cast
iron, if unlined, oxidizes and consumes chlorine; lining makes it possible to raise the free
chlorine level.
367 Manchester Avenue
March 8, 2006 May 26, 2006
Free chlorine O.Olmg/1 0.84 mg/l
Color 41 PtCo units 11 PtCo units
Iron 2.27 mg/l 0.10 mg/l
355 Manchester Avenue
March 8, 2006 May 26, 2006
Free chlorine 0.02 mg/l 0.74mg/1
Color 28 PtCo units 7 PtCo units
Iron 0.52 mg/l 0.12 mg/l
354 Manchester Avenue
July 27, 2005 May 26, 2006
Free chlorine 0.02 mg/l 1. 08 mg/l
Color 28 PtCo units 7 PtCo units
Iron 0.80 mg/l O.llmg/1
*Health Canada aesthetic objective
GCDWQ (Guidelines)
minimum of 0.1 0 mg/l
less than or equal to 15 *
less than or equal to 0.3*
GCDWQ (Guidelines)
minimum of 0.1 0 mg/
less than or equal to 15 *
less than or equal to 0.3*
GCDWQ (Guidelines)
minimum of 0.10 mg/l
less than or equal to 15 *
less than or equal to 0.3*
June 13t11, 2006
Page 3
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Water Main Cleaning and Lining Program
It is most noteworthy that residents at these locations have indicated that the quality of
their water has improved dramatically since the water main cleaning and lining work.
Fire flow is the term used to describe the quantity of water available at the hydrant for
fire-fighting purposes. Flow and residual pressure measurements were recorded at the
corner of Carle and Manchester; a hydrant being fed by a 6" diameter line, both before
and after the line was cleaned and lined. Flows increased from 338 to 859 GPM. The
residual pressure increased from an unacceptably low 5 psi to 35 psi, which is good and
indicates that even more flow could be drawn from that location.
Notifications
In deciding to shut down water services to customers in order to carry out the cleaning
and lining work requires a careful focus on communication with the households and
people affected. In addition to PSAs, Saint John Water will hand-deliver four notices to
each customer or household, in the order shown below:
1. Initial Notice: Planned water main rehabilitation work
~ Delivered one week before the first excavation procedure begins
2. Specific Notice: Work to commence at specific date and time
~ Day before the actual cleaning and lining work
3. Warning: Boil Water Advisory
~ Day of the cleaning and lining, before the water is turned back on
4. Notice: Your water is safe to consume
~ After two clear samples are received from the lab that the water is safe
to drink, approximately 3 or 4 days
Copies of those bilingual notices are attached.
What' s Next?
The next area of the city to be considered is the residential area just above Main Street
West: McKeil Street, Morris Street, Prospect Street West, Walnut Street and Church
Avenue. Mains in this area have tuberculation, fire flows are low and water quality
complaints are numerous. The neighbourhood is a prime candidate for cleaning and
lining. Staff is also assessing other priority areas in the city that would see improved
water service if this process was applied.
Although cleaning and lining will not be the answer for all streets, this method will be
considered everywhere that it may be applicable. Many streets, however, will still require
water main replacement for a variety of reasons.
June 13t11, 2006
Page -4
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Water Main Cleaning and Lining Program
Future Capital Pro2rams
Planned future projects for water main infrastmcture renewal where it is currently
intended to replace the line will be re-examined to determine if cleaning and lining is a
viable alternative. This may reduce the anticipated cost of some projects and allow
available resources to be redirected to addressing other needs.
FINANCIAL IMPLICATIONS
The cost of cleaning and lining alone is about $60-80 per meter of pipe. The full cost of a
cleaning and lining project that includes new valves, tees, fire hydrants and restoration of
the entry pits is estimated to be between $100-200 per meter depending on the
complexity of the particular street. This compares to about $500-600 per meter to dig and
replace with new 8" (200mm) diameter water main.
With this year's budget of $400,000, it is planned to clean and line about 2500 metres of
unlined cast iron water main.
CONCLUDING REMARKS
Water main cleaning and lining is one very effective tool available to Saint John Water,
one that can improve water quality and restore fire flow capacity in a very cost effective
manner, with minimal dismption. Extending the life of existing infrastmcture is also
cmcial if we are to deliver water economically to customers. It is expected that at least
another 25 years of life, and likely more, can be added to a pipe with this coating. The
program warrants special attention.
Staff will proceed with the design, tendering and constmction process and will report
back to Council as to which streets will constitute the later phases of the program.
RECOMMENDA TION
It is recommended that this report be received and filed.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner, Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
June 13t11, 2006
Page 5
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Notice:
Planned water main rehabilitation work:
Date:
Street:
This notice is to advise you that Saint John Water will soon be carrying out work on the
water main that supplies water to the properties in your area. This work is required to
improve your water quality and system pressures.
This rehabilitation work will require a few minor excavations on or near the road surface
to allow access to the water main. The water main is going to be cleaned and lined, which
is part of a much larger program to improve water quality and to maintain or improve
system pressures and flows. Every effort will be made to minimize inconvenience while
maintaining safety.
The work on your street is scheduled to begin on when the access holes will be
excavated, and the actual cleaning and lining is scheduled to begin on and end on
During the cleaning and lining phase Saint John Water will have to turn your water
supply off for several ShOli periods ( not expected to more than 2 hours) and once for an
extended period of time, usually 10 to 12 hours. We do apologize for this inconvience.
When the cleaning and lining is complete and the water supply is restored, there will be a
planned BOIL WATER ADVISORY. The advisory is for the safety and protection of
water consumers to ensure the water consumed meets Canadian Drinking Water
Guidelines. The advisory will be delivered to your property after the sustained outage and
prior to the water being restored. The advisory is expected to last no more than 3 to 4
days.
When the water supply to your property is restored, mn the water until it clears and
follow the instmctions provided with the BOIL WATER ADVISORY.
Saint Jolll1 Water apologizes for the inconvenience this work may cause. If you have any
questions or require further information please call at
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Avis
Travaux de remise en etat de conduite maitresse prevus
Date:
Rue:
Le present avis vise a vous aviser que Ie Service des eaux de Saint John executera
prochainement des travaux sur la conduite maitresse qui alimente en eau les proprietes de
votre secteur. Ces travaux sont essentiels pour ameliorer la qualite de votre eau et les
pressions a I' interieur du reseau.
Ces travaux de remise en etat necessiteront quelques excavations mineures dans Ie
revetement routier ou a proximite pour pennettre I' acces a la conduite maitre sse. Les
preposes nettoieront et couvriront d'un revetement la conduite maitresse; ces travaux
s'inscrivent dans Ie cadre d'un programme d'envergure beau coup plus vaste
d'amelioration de la qualite de l'eau et de maintien ou d'amelioration des pressions et des
debits du reseau. On mettra tout en oeuvre pour reduire les inconvenients tout en
maintenant la securite.
Les travaux preVlls dans votre me doivent commencer Ie , moment 011 I' on creusera
les trous d' acces. Les travaux de nettoyage et de revetement doivent commencer Ie
et prendre fin Ie
Pendant la phase du nettoyage et du revetement, Ie Service des eaux de Saint John devra
couper votre alimentation en eau pendant plusieurs courtes periodes (qui ne devraient pas
durer plus de deux heures) et pendant une periode de temps prolongee en une occasion,
en general de dix a 12 heures. Nous nous excusons des inconvenients.
Une fois les travaux de nettoyage et de revetement tennines et l'alimentation en eau
retablie, un AVIS DE F AIRE BOUILLIR L 'EAU planifie sera en vigueur. L' avis vise a
assurer la securite et la protection des usagers en garantissant que l'eau consommee
repond aux Nonnes pour l'eau potable au Canada. L'avis sera livre a votre propriete
apres l'intermption prolongee et avant Ie retablissement de I' alimentation en eau. L' avis
devrait demeurer valide au plus trois a quatre jours.
Une fois I' alimentation en eau de votre propriete retablie, faites cOlder I' eau jusqu' a ce
qu'elle devienne claire et suivez les instmctions fournies avec I' AVIS DE FAIRE
BOUILLIR L'EAU
Le Service des eaux de Saint John s'excuse des inconvenients que ces travaux peuvent
causer. Si vous avez des questions ou si vous avez besoin de plus de renseignements,
veuillez appeler au
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LOCA TION:
Dear Customer:
Improvements to the water system of the City of Saint John are being carried out in your area.
These improvements will require that water service be shut off at certain times. This is
to notify you that you will be without water from am to approximately pm on
, 2006 Please take an opportunity to draw water for your daily needs prior to the shut
down time: am.
As a reminder:
Under section 121(a) of the New Bmnswick Health Act, restaurants are not permitted to
operate while water service is shut off.
Saint John Water apologizes for the inconvenience this work may cause. If you have any
questions or require further information please call at
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EMPLACEMENT:
Madame, monsieur,
Nous apportons des ameliorations au systeme d'aqueduc de The City of Saint John dans votre
secteur. Pour realiser ces travaux, nous devrons interrompre periodiquement Ie service d'aqueduc.
Cet avis a pour but de vous informer que votre service d'aqueduc sera interrompu de h a
environ h, Ie 2006. Veuillez profiter de l'occasion pour faire des reserves
d'eau pour vos besoins quotidiens avant l'heure de l'intermption. h.
Rappel :
En vertu de l'article 121(a) de la Loi Sllr la sante du Nouveau-Bmnswick, les
restaurants ne peuvent etre exploites pendant une intermption du service
d'aqueduc.
Le Service des eaux de Saint John s'excuse des inconvenients que ces travaux peuvent
causer. Si vous avez des questions ou si vous avez besoin de plus de renseignements,
veuillez appeler au
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WARNING:
BOIL WATER ADVISORY:
Date:
Street:
The water main rehabilitation work that was required on the portion of water main that
supplies your property is now complete but a BOIL WATER ADVISORY has been
issued until such time as two clear water samples confirm the water meets Canadian
Drinking Water Guidelines. You will be notified by door to door notification when the
boil water advisory is lifted. Both Saint John Water and the Department of Health will be
monitoring the water sample results until the advisory is lifted.
WHA T SHOULD I DO?
(1) When water has been restored to your property, flush each tap a few minutes until
clear.
(2) Water should be brought to a rolling boil for at least 1 minute.
(3) Any water used for bmshing teeth, making ice, juice, coffee, tea or washing
vegetables that will not be cooked should be boiled.
(4) People whose immune system is compromised such as the elderly, infants and
people with transplanted organs, on dialysis, with HIV / AIDS, etc should pay
attention to the use of a safe source of drinking water. Water that has been boiled
is considered a safe source.
(5) It is safe for people to take showers, bath and use swimming pools.
(6) It is safe to wash dishes in hot soapy water and then air dry.
(7) It is safe to use a dishwasher.
For more information please call at
Please share this information with all other people who drink this water in your home,
especially those who may not have received this notice directly.
The people at Saint John Water wish to thank you for your co-operation and support
during this period of water system improvement.
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A VERTISSEMENT
AVIS DE FA IRE BOUILLIR L'EAU
Date:
Rue:
Les travaux de remise en etat de la conduite maitresse qui s' averaient necessaires dans Ie tron<;on
de la conduite maitresse alimentant votre propriete sont maintenant termines, mais un AVIS DE
FAIRE BOUILLIR L'EAU a ete institue et demeurera en vigueur jusqu'a ce que deux
echantillons d'eau propre confirment que l'eau repond aux Normes pour l'eau potable au
Canada. Vous serez avise au moyen d'une notification a domicile lorsque l'avis de faire bouillir
I' eau aura ete leve. Le Service des eaux de Saint John et Ie ministere de la Sante surveilleront les
resultats des analyses des echantillons d'eau jusqu'au moment olll'avis sera leve.
QUE DOIS-JE FAIRE?
(8) Une fois que I' alimentation en eau de votre propriete a ete retablie, faites cOlder chaque
robinet quelques minutes jusqu'a ce que l'eau devienne claire.
(9) II faudra amener I' eau a ebullition et la laisser bouillir pendant au moins une minute.
(10) II faudra faire bouillir toute eau utili see pour se brosser les dents, faire de la glace, du
jus, du cafe ou du the ou pour laver des legumes qu'on ne fait pas cuire.
(11) Les personnes dont Ie systeme immunitaire est affaibli, comme les aines, les jeunes
enfants et les personnes ayant beneficie d'une transplantation d'organe, en dialyse ou
porteurs du VIH/sidatiques, etc., devraient prendre garde d'utiliser une source sure
d'eau potable. L'eau qu'on fait bouillir est consideree comme une source sure.
(12) On peut, en toute securite, prendre une douche ou un bain et utiliser une piscine.
(13) On peut en toute securite laver la vaisselle dans de I' eau savonneuse chaude, puis la
laisser secher a I' air.
(14) On peut utiliser un lave-vaisselle en toute securite.
Pour de plus amples renseignements veuillez appeler au
Veuillez communiquer ces renseignements a toutes les autres personnes qui boivent cette eau
dans votre foyer, en particulier celles qui pourraient ne pas avoir re<;u Ie present avis
directement.
Le Service des eaux de Saint John vous remercie de votre cooperation et de votre appui
pendant cette periode d'amelioration du reseau d'alimentation en eau.
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NOTICE:
YOUR WATER IS SAFE TO CONSUME:
The Boil Water Advisory has been rescinded,
effective immediately.
Date:
Street:
Water tests have shown that the water in the pipes serving your area is safe to consume.
WHA T SHOULD I DO?
. If you have been home the last few days, undoubtedly you have nm the water in the
house for washing and other things. You, therefore, need do nothing else, since in using
the water you have effectively flushed out old water and brought fresher water into your
plumbing.
. If you have been away from your home for an extended period, it is recommended that
you take a few minutes to flush out the standing water in your plumbing. This can be
done by simply turning on each of the taps in your house for a couple of minutes. This
will drain out the water that has been sitting in the pipes while you were away and will
draw fresh clean water into your house from the water main in the street.
The people at Saint John Water thank you for your co-operation and support over the last
few days. If you have any further questions or require more information please call
at
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AVIS
VOUS POUVEZ CONSOMMER VOTRE EAU
EN TOUTE SECURITE.
L'avis de Caire bouillir Peau est annule et cette annulation
entre immediatement en vigueur.
Date:
Rue:
Des analyses de I' eau ont revele que I' eau des tuyaux alimentant votre secteur peut etre
consommee en toute securite.
QUE DOIS-JE FAIRE?
. Si vous etiez chez vous ces derniers jours, il est certain que vous avez fait cOlder I' eau
dans la maison pour laver des choses et pour d'autres raisons. Vous n'avez par
consequent rien d' autre a faire, car vous avez rince de fa<;on efficace la vieille eau et
introduit de I' eau plus fraiche dans votre installation de plomberie en consommant de
l'eau.
. Si vous avez ete absent de chez vous pendant une periode prolongee, il est recommande
que vous preniez quelques minutes pour rincer I' eau qui est demeuree dans votre
installation de plomberie. V ous pouvez Ie faire simplement en tournant chacun des
robinets de votre maison pendant quelques minutes. Ce geste eliminera I' eau qui est
demeuree dans les tuyaux pendant que vous etiez absent et introduira de I' eau propre
fraiche dans votre maison a partir de la conduite maitresse de la rue.
Les employes du Service des eaux de Saint John vous remercient de votre cooperation et
de votre appui au cours des derniers jours. Si vous avez d' autres questions ou si vous
avez besoin de plus de renseignements, veuillez appeler au
1~.fJ
REPORT TO COMMON COUNCIL
M & C 2006-170
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June 13,2006
City of Saint John
His Worship Mayor Norman McFarlane
And Members of Common Council
Your Worship and Councilors:
SUBJECT: Flooding June 4-5 Glen FaDs
BACKGROUND
A significant rainfall occurred on the weekend of June 3 & 4 (116 mm) and produced
flooding conditions at various locations throughout the City on Sunday and Monday June
4 and 5. The Glen Falls area experienced some flooding once again and a number of
streets were closed to vehicle traffic. Subsequent media reports focused on the area and
questions were raised about why flooding still occurs, the potential impacts of nearby
development and what has been done or is being done about the problem.
This report will provide an update on the situation in Glen Falls.
ANALYSIS
A lot of work, special projects and other measures have been undertaken over the years to
mitigate the flooding problem in the area of Glen Falls. Most of these are the direct result
of recommendations from a series of studies made after particularly severe flooding in
the mid 1970's. Other projects with beneficial impacts on the flood zone have also been
completed as part of other initiatives.
Conditions in the Glen have improved substantially when compared with the severity and
duration of flooding events of the mid 1970's to early eighties. Unfortunately, periodic
flooding continues to occur after high rainfall/runoff events, despite the measures that
have been taken to date. This is the result of the topography of the area and the variables
which have an impact in any event - tide heights and timing, existing ground conditions,
intensity and duration of precipitation.
M & C 2006-170 Glen Falls
June 13, 2006
Page 2
Action Summary
In addition to the studies initially commissioned, and periodic updates and further reports,
a summary of flood protection! beneficial projects is provided below:
. 1979-Upper Glen Falls Reservoir (Dam); constructed on the Main Branch of
Marsh Creek above Glen Falls ( Est $1 M)
. Late 70's -1980 - Channel Improvements (Estimated $231,000)
. 1980 - Flood Risk Area By-Law Enacted
. 1981 - Forest Hills Dam constructed - City of Saint John
. 1982 - Marco Polo Bridge constructed - Province ofNB
. Ashburn Road Bridge constructed (upstream of Streson) - Province ofNB
. Lawlor Lake Dam reconstructed
. Third Culvert @ CNR Rail Crossing - Forebay installed - CNR
. Floodway # 3 constructed - Compensatory Storage - Strescon
. 1992 - Aboideau Gates Rebuilt - Province of New Brunswick
. 1999 - Phase I Glen Falls Floodway - 64,308 cu m compensatory storage (Est
$390,000) constructed by City of Saint John
. 199912000 - Study of Mystery Lake Storage Capacity - AOI ($22,400)
. 2001 - Phase II of the Glen Falls Floodway - 20,690 cu m compensatory storage
(Est. $ 245,000) nconstructed by City of Saint John
. 2001 - Rothesay Avenue Culvert replaced - Province ofNB (in conjunction with
McAllister Drive Intersection improvements)
. 2001 - Watennains renewed across Marsh Creek (Est. $133,000) City of Saint
John
. 2002 - Simpson Drive Culvert replaced - Province ofNB (Est. $350,000)
Future Actions
The City has allocated and approved $100,000 in the 2006 Capital Program for design of
the Mystery Lake Reservoir. Municipal Operations and Engineering has estimated
construction at $700,000 and listed the project tentatively for 2007 pending budget
approval. Staff has discovered that flood retention capacity of this reservoir is not as high
as originally projected, but it is still a cost effective flood protection measure and the
current structure is severely deteriorated and must be replaced.
Channel improvements between the new culverts on Simpson Drive and Rothesay
Avenue and from Rothesay Avenue to Strescon were also identified in earlier reports as
required actions.
M & C 2006-170 Glen Falls
June 13,2006
Page 3
In addition, maintenance of the drainage channels and ditches must be performed on a
regular basis. For the past several years, beaver dams on the West Branch of Marsh Creek
below Ashburn Road have raised water levels and caused more frequent flooding of the
Ashburn Road/Rothesay Road intersection. Where this area was once the last to flood and
first to recede, it has more recently been the first to flood and last to recede. Beavers have
been removed and the dams taken out as per NB Department of Environment regulations,
but they have returned and were still an issue in the most recent flooding event. A
$100,000 PDH project has been tendered and awarded this year to raise the Ashburn
RoadlRothesayRoad intersection, and this will certainly help the flooding situation at this
location.
While ongoing maintenance has always been identified as an essential activity, access to
the creek channels, ditches and structures to be maintained is much less than desirable.
There is no continuous access road beside the channels and land around the creek is
mostly privately owned. Compensatory storage excavations on the Western Branch have
actually made it more difficult for crews to access the channels. Where opportunities
present themselves, steps should be taken to acquire lands adjacent to the creek channels,
to facilitate access.
Municipal Operations & Engineering has identified several other Flood Risk Area related
projects in the overall list of General Fund capital needs. The priority for completion has
not yet been assigned relative to the larger list. Included are:
. Glen Falls Floodway Phase III - (Est. $260,000)
. Marsh Creek Scheme - @ Courtenay Causeway - Study of the feasibility of
pumps; renewal of gates (Est $60,000)
. Marsh Creek Scheme - @ Major's Brook @ CNR Crossing - renewal of 2400
mm x 2400 mm culvert (Est.$ 25,000)
Discussion of pumps at the Causeway has always been related to potential reductions in
forebay storage capacity. In all of the studies and reports, pumps have been seen as the
last priority - upstream channel improvements and retention measures need to be
completed to reduce the flooding effects in the upper Marsh Creek and Glen Falls before
pumps are considered at the forebay in the lower Marsh Creek. hnproved aboideau gates
may be more cost effective, and it is recognized that the Causeway itself is a porous
structure - seawater can and does enter the forebay through the Causeway at higher tide
conditions.
CONCLUSION
Staff is taking the flooding in this and other areas of the City very seriously - it is
apparent that in addition to actions outlined above that a strategy for storm water
management needs to be developed, similar to the Water and Wastewater Strategies
M & C 2006-170 Glen Falls
June 13, 2006
Page 4
previously adopted by Council. Development pressures in the Flood Risk and adjacent
areas, and in other flood prone areas of the City, dictate that we also establish more
comprehensive development guidelines with respect to stonn water management.
Accordingly, staff is seeking Council's support for the creation of a storm water strategy,
with initial emphasis on the Flood Risk area. Staff will also prepare development
guidelines for adoption by CounciL .
INPUT FROM OTHER SOURCES
This report has been discussed with the Commissioner of Building and Technical Service
and he is in agreement with the report and recommendations. He also advised there are
discussions ongoing with a private landowner with respect to creating another floodway
and increased compensatory storage
RECOMMENDA TION
It is recommended that Council receive and file this report and;
. authorize staff to seek proposals for a Storm Water Management Strategy with
the first drainage basin considered be the Glen Falls Flood Risk area.
. authorize staff to take steps to acquire property around the creek channels for the
purposes of ongoing maintenance
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J. M. Paul Groody P .Eng
Commissioner,
Municipal Operations & Engineering
M& C 2006 - 161
June 15,2006
His Worship Mayor Norm MacFarlane
And Members of Saint John Common Council
y our Worship and Members of Council,
SUBJECT: FLOODING GLENWOOD / WEST SIDE ESTATES, JUNE 4-5
BACKGROUND
A very significant rainfall occurred on the weekend of June 3 & 4 (116 mm) and produced
flooding conditions at various locations throughout the City on Sunday and Monday, June
4 and 5. The Glen Falls area experienced typical flooding and closed streets, Rothesay
Avenue had to be closed overnight on Sunday for the first time in several years and large
washouts occurred on Lorneville Road and Loch Lomond Road. In addition to these
incidents and localized flooding in other areas of the City, significant flooding occurred in
the Glenwood Drive area.
This report will deal with the situation in West Side Estates and Glenwood Drive.
ANALYSIS
The Glenwood Subdivision and West Side Estates are located in the valley below Stewart
Street and Quinton Heights. This residential area is accessed via Glenwood Drive off
Manchester Avenue. In addition to existing homes on Glenwood Drive and Burnside
Crescent, there are new homes along Glenwood Drive and Porter Street and several others
under construction by Darling Constmction.
Storm drainage in this subdivision and all of the surrounding drainage basin is directed to a
stream which flows near some of the homes toward South Bay. As a consequence of the
rainfall event on June 3-4, the following took place:
~ The stream became backed up and overflowed its banks onto the surrounding
low area, covered Glenwood Drive, and flooded an adjacent basement.
~ A catch basin located on higher ground in the subdivision was overwhelmed
by the runoff directed toward it, causing water to back up in the back yards
of two homes where it eventually found a course between the homes to
Glenwood Drive. Lawn damage and another flooded basement resulted from
the back up of the catch basin.
Flooding Glenwood / West Side Estates, June 4-5
Staff of Municipal Operations & Engineering and the Fire Department attended at the site
on Sunday; Saint J 01111 Works returned on Monday and for the next several days to assess
the situation and to clean debris from the street and storm system. It was evident that a
significant factor in the stream overflowing was a partially blocked and collapsed inlet to a
culvert under the NB Southern Railroad rail bed, downstream of the subdivision. Staff of
NB Southern was also present on site on Sunday and they were consulted by City staff on
Monday. They cleared the inlet and made emergency repairs on Wednesday.
Staff has also met with the developer, Bob Darling; he committed to approaching the two
homeowners that had suffered lawn damage to make repairs. He also indicated there were
a couple of other instances of lawn damage further along the street (unaffected by the
basin) that he would repair.
As an interim measure, Saint Jol111 Works lowered the ground around the catchbasin that
had been overwhelmed and dug an overflow trench away from the homes down the
Pipeline Road toward Glenwood Drive.
Citizens Meetin2 - June 13th
A citizens meeting was held on the evening ofJune 13 th at St. Mark's Church. Members of
Council and staff were in attendance.
The meeting was well organized and a thorough presentation on the flooding was made.
Area citizens are very concerned and upset about their new homes being threatened by
flooding, with the safety of their families being foremost. They also have an appreciation of
factors that contributed to the flooding event. The factors they listed were as follows:
~ Removal of natural vegetation for the second and third phase (of the
development) reroutes the natural rainfall mnoff.
~ Rainfall mnoff from Manchester Avenue and Quinton Heights
~ The brook could not handle the volume of water from all nmoff areas.
~ Pavement is below the manholes (catchbasins) on Glenwood Drive.
~ Manholes (catchbasins) were blocked by debris.
~ 100+ millimeters of rainfall in two days.
~ The size of the old culvert (under the rail bed) dating back to the 1940s or 50s
is not big enough. The entrance is approximately 3 feet by 4 feet, which is
surrounded by 3 slabs of granite stone. The exit is approximately 6 feet in
diameter, which is made of metal.
~ The entrance into the culvert was blocked and appeared to have collapsed.
This was not repaired until June 7, 2006.
The residents also believe that a number of parties, including the City of Saint John, are in
some part responsible for the situation they find themselves in.
June 15th, 2006
Page 2
Flooding Glenwood / West Side Estates, June 4-5
The meeting was well conducted and staff took note of all the points raised.
Staff considers this an issue that needs immediate attention. The potential for more
flooding in this area has to be treated seriously and staffunderstands the concerns raised
by residents.
Follow-Up Action
A commitment was made to act expeditiously on these issues. A series of steps have been
and are being initiated:
1. Consultations with NB Southern Railway to make more extensive repairs to the
culvert under the rail bed and stream inlet.
2. Engage consulting services to conduct a comprehensive analysis of storm runoff
for the whole drainage basin in the area. This work will clarify the storm drainage
influences in the drainage basin and help us develop measures that will effectively
control storm flows. Included, for example, would be solid analysis on appropriate
sizing for the above culvert.
3. Take elevations at various points in the subdivision and down stream, to assess
suitability of current design features and initiate local drainage improvements and
other measures in conjunction with the developer.
4. Review the storm drainage plans for the development and all related background
information to determine exactly why the flooding occurred. The viability of those
plans will also be re-evaluated.
Staff will also be reviewing development standards for this type of subdivision.
Based on the issues posed by this situation and other questions, there is a need for the City
of Saint John to have a Storm Water Strategy for the entire municipality, similar to those
for Water, Wastewater and Transportation. The "big picture" for storm water management
needs a framework to help guide decisions on development and infrastmcture needs.
A project manager has been assigned to coordinate the work and a supporting team is
being put together to ensure a timely and thorough follow-up. Staff expects to be reporting
back to Council with more detailed information within four weeks.
RECOMMENDATION
It is recommended that this report be received and filed.
Respectfully submitted,
lM. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
June 15th, 2006
Page 3
M& C 2006 -172
June 13,2006
His Worship Mayor Norm McFarlane
and Members of Common Council
y our Worship and Members of Council,
SUBJECT: CRANE MOUNTAIN LEACHATE
AGREEMENT AND W&S BY-LAW AMENDMENT
BACKGROUND
In June 2005, staff was asked to draft an agreement for the acceptance of leachate from
the Crane Mountain Landfill Facility at the Lancaster wastewater treatment plant. A
number of conditions were to be included in that agreement:
1) That a "leachate strength surcharge", be added to the "equivalent sewer user
charge" being applied by the City at present.
2) That the Fundy Region Solid Waste Commission be responsible for designing
and operating the leachate delivery to the WWTP in such a way as to make
the addition of leachate as uniform as possible. Said design to be to the
satisfaction of the Commissioner, Municipal Operations & Engineering.
3) That the Fundy Region Solid Waste Commission be responsible for volume
measurement, sampling and analysis of the leachate to the satisfaction of the
Commissioner, Municipal Operations & Engineering.
4) That all parameters of the leachate, with the exception ofBOD5 and COD5 be
subject to the W &S By-Lml1 as set by the Common Council from time to time.
5) That the Fundy Region Solid Waste Commission would be responsible for all
approvals required for the implementation of the system, including dealing
with landowners for easements, joint use agreements, etc.
6) That the Fundy Region Solid Waste Commission would be responsible for all
costs related to the design and constmction of the leachate delivery system.
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Crane Mountain Leachate
Agreement and W &8 By-law Amendment
7) A clause permitting the City to terminate the agreement without penalty with
notice if it is found that the capacity of the treatment plant is required to
properly service the municipality's users.
8) A clause permitting the City to terminate the agreement without penalty with
notice if it is found that the characteristics of the leachate are such that there is
a negative impact on the operation and/or performance of the facility, and the
FRSWC is unwilling or unable to correct this with pretreatment to reduce the
characteristics to acceptable values.
9) Provision for updating of the agreement as may be required if effluent
treatment requirements or the Water & Sewerage By-law changes.
ANALYSIS
The draft agreement, with the above conditions, is now completed (copy appended) and
will be soon presented to the Fundy Region Solid Waste Commission for signing, it will
then return to the Mayor and Common Clerk for completion. However, prior to executing
the agreement, one subsection of the Water & Sewerage By-Law needs to be modified to
allow the Commissioner to permit leachate to be discharged into a public sewer.
Currently subsection 24(2) reads:
24(2) A person may discharge, cause or permit to be discharged, the
contents of a septic tank or cesspool into a public sewer only a.lter such
person has obtained the written permission of the Commissioner and may
do so only at such points and under such conditions as the Conunissioner
may spec[fy.
This subsection is the only one in the By-Lmj! allowing the Commissioner to permit a
person to discharge into a public sewer something that would normally be prohibited
under section 21. The wording currently only addresses the contents of a septic tank or
cesspool, and these normally have considerably higher BOD5 and suspended solids levels
than 400 parts per million by weight. Under defined conditions, substances having those
properties could be accepted for treatment at City facilities, the attached resolution more
clearly defines the conditions under which the Commissioner may permit a person to
discharge a substance into a public sewer. The new wording also broadens the types of
substances that may be permitted.
INPUT FROM OTHERS
The Legal Depaliment has drafted the proposed agreement and advised on the By-Law
change and resolution.
Staff has also consulted with staff at the Fundy Region Solid Waste Commission.
June 13t11, 2006
Page 2
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Crane Mountain Leachate
Agreement and W &8 By-law Amendment
RECOMMENDA TION
It is recommended that Common Council adopt the following resolutions:
RESOLVED that the by-law entitled "A By-Lml! to Amend a By-Law
Respecting Water & Sewerage" (attached) be given first and second
readings;
Further RESOLVED that the Mayor and Common Clerk be authorized to
execute the agreement with Fundy Regional Solid Waste Commission.
Respectfully submitted,
J. M. Paul Groody, P. Eng.
Commissioner,
Municipal Operations & Engineering
Terrence L. Totten, F.C.A.
City Manager
June 13t11, 2006
Page 3
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Crane Mountain Leachate
Agreement and W &8 By-law Amendment
By-Law Number
A By-Law To Amend A By-Law
Respecting Water And Sewerage
Be it enacted by the Common Council of The City of Saint John as follows:
A by-law of The City of Saint John entitled "A By-Law Respecting Water and
Sewerage", enacted on the ih day of June, A.D. 2004, is hereby amended as follows:
Subsection 24(2) is hereby repealed and the following is substituted:
24(2)(a) A person may discharge waters or wastes which have a five day Biochemical
Oxygen Demand exceeding 400 palis per million by weight and/or contain more than
400 parts per million by weight of suspended solids into a public sewage works in
accordance with a written permission issued by the Commissioner to do so
24(2)(b) The Commissioner may in writing permit the discharge of waters or wastes
which have a five day Biochemical Oxygen Demand exceeding 400 palis per million
by weight and/or contain more than 400 pmis per million by weight of suspended
solids into a public sewer if he is satisfied:
(i) that adequate provisions have been made for the measuring, sampling, and
recording of such waters or wastes, and
(ii) that the public sewage works is capable of safely accepting the waters and
wastes, and
(iii) that the waters and wastes are not otherwise prohibited by law from being
discharged into a public sewage works.
The Commissioner shall in his permission specify the points where the discharge may
be made into the public sewage works and may impose such other conditions as he
deems necessaly.
24(3)( c) The Commissioner may revoke a permission that he has given under
subsection (2) if he deems such action necessalY to protect the public sewage works.
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 on the _ day of ,2006.
Mayor
Common Clerk
June 13t11, 2006
Page -4
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Crane Mountain Leachate
Agreement and W &8 By-law Amendment
Arrete numero
Arrete concernant les reseaux d' eau et d' egouts
Le conseil communal de la City of Saint John edicte ce qui suit.
L'arrete de la City of Saint John intitule<< Arrete concernant les reseaux d'eau et
d'egouts >>, edicte Ie 7 juin 2004, est par les presentes modifie comme suit.
Le paragraphe 24(2) est par les presentes abroge et remplace par ce qui suit:
24(2)a) 11 est permis de deverser des eaux ou des eaux usees dont la demande
biochimique d' oxygene de cinq jours excede 400 parties par million en poids ou
renfermant plus de 400 parties par million en poids de solides en suspension dans
un reseau d'egouts public avec une permission ecrite it cet effet du commissaire.
24(2)b) Le commissaire peut pennettre par ecrit Ie deversement d'eaux ou d'eaux
usees dont la demande biochimique d' oxygene de cinq jours excede 400 parties
par million en poids ou renfermant plus de 400 parties par million en poids de
solides en suspension dans un reseau d'egouts public s'il est convaincu
(i) que des dispositions adequates ont ete prises aux fins du mesurage,
de I' echantillonnage et de la consignation des eaux ou eaux usees
en question;
(ii) que Ie reseau d' egouts public peut en toute securite absorber les
eaux et les eaux usees; et
(iii) que Ie deversement des eaux et des eaux usees dans un reseau
d' egouts public n' est pas interdit par d' autres dispositions de la loi.
Le commissaire precisera dans la permission fournie les endroits 011 sera autorise
Ie deversement dans Ie reseau d' egouts public et il pourra imposer les autres
conditions qu' il juge necessaires.
24(3)c) Le commissaire peut revoquer la permission qu'il a accordee en vertu du
paragraphe 2 s' il juge une telle mesure essentielle pour proteger Ie reseau
d'egouts public.
EN FOI DE QUOI, la City of Saint John a fait apposer son sceau communal au present
arrete Ie 2006.
Maire
Greffier municipal
June 13t11, 2006
Page 5
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Crane Mountain Leachate
Agreement and W &8 By-law Amendment
THIS AGREEMENT made in duplicate the
day of June, 2006.
BY AND BETWEEN:
THE CITY OF SAINT JOHN, in the County of
Saint John and Province of New Bmnswick, a body
corporate by Royal Charter, hereinafter the "City"
OF THIS FIRST PART
- and -
THE FUNDY REGION SOLID WASTE
COMMISSION, a body corporate established
pursuant to the Clean Environment Act, Chapter C-
6, hereinafter called the "Commission"
OF THE SECOND PART
WHEREAS the Commission is responsible, inter alia, for the operation of the
Crane Mountain Landfill Facility located at Crane Mountain, so-called, in the said City of
Saint John; and
WHEREAS the production of leachate is associated with the operation of the said
Crane Mountain Landfill Facility; and
WHEREAS one the of the conditions imposed by the Minister of the Environment
upon the operation of the Crane Mountain Landfill Facility addresses the matter of
leachate being tmcked from the site of the Facility to an approved treatment facility; and
WHEREAS the Commission has requested the City to permit the leachate
recovered from the Crane Mountain Facility to be discharged for treatment at the
Lancaster Wastewater Treatment Facility (hereinafter the "Treatment Facility") owned
and operated by the City; and
WHEREAS the City has, by resolution of Common Council dated June 20, 2005,
decided to accede to the request of the Commission upon the terms and conditions set out
herein;
NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto
for and in consideration of these presents and other good and valuable consideration
agree each with the other as follows:
June 13t11, 2006
Page 6
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Crane Mountain Leachate
Agreement and W &8 By-law Amendment
1. The City hereby permits the Commission or its duly authorized agent to
discharge for treatment at the Treatment Facility located at Fairville Boulevard in the
City of Saint John, in accordance with the terms and conditions contained herein,
leachate collected from the Crane Mountain Landfill Facility;
2. (a) The Commission shall pay monthly to the City an amount consisting of an
"equivalent sewer user charge", and a "leachate strength surcharge", where
applicable.
(b) The "equivalent sewer user charge" is a charge based on the delivered volume
of leachate and calculated according to the "Consumption Charge" in Schedule B
of the City's Water and Sewerage By-Law and according to the "Sanitary
Surcharge" in Schedule C of the City's Water and Sewerage By-Law.
(c) A "leachate strength surcharge" will be added to the "equivalent sewer user
charge" monthly when the average BOD5 strength of the delivered leachate for
that month is above 400 mg/L or whatever is specified in the City's Water and
Sewerage By-Law from time to time. This will be on the basis of a surcharge
equal to 25% of the "equivalent sewer user charge", determined from the
following formula:
Leachate strength sl[rchm~'Se
= 0.25 x (equivalent sewer user charge) x (av\!. leachate BOD5 fbr the month - 400 m\!/L)
400mg/L
3. The discharge of leachate may only occur at a time or times, at a specific
location or locations, and at a rate which has been approved in writing by the Chief City
Engineer or his designate.
4. The Commission must monitor the composition of the leachate as required
by the Chief City Engineer or his designate and also as required by any statute,
regulation, binding order or directive in that regard, prior to its being discharged into the
Treatment Facility. Additionally, the Commission must deliver the results of such
monitoring to the Chief City Engineer or his designate immediately upon the results
being available to the Commission. The cost of complying with the provisions of this
paragraph shall be borne solely by the Commission.
5. If the City is required or the Chief City Engineer deems it advisable as a
result of the discharge of leachate to conduct monitoring of the influent or effluent
associated with the Treatment Facility, in addition to that which is being performed at the
date of this Agreement, then the Commission shall reimburse the City for the full costs
associated with doing so.
June 13t11, 2006
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Crane Mountain Leachate
Agreement and W &8 By-law Amendment
6. The Commission for itself, its successors and assigns, hereby indemnifies
and saves harmless the City from all actions, causes of action, suits, damages, claims,
demands whatsoever relating directly or indirectly to the transportation, handling or
discharge of leachate for treatment at the Treatment Facility, except for those arising out
of the negligence of the City; it being expressly agreed and understood that the
indemnification herein survives this agreement notwithstanding anything to the contrary
contained herein.
7. The Commission shall obtain and maintain during the term of this
Agreement a comprehensive general liability insurance policy respecting the
transportation, handling and discharge of leachate and having a minimum limit of
$5,000,000.00, naming the City as a co-insured and having a cross-liability clause. The
Commission shall deliver to the City a celiificate of insurance evidencing the required
coverage prior to any leachate being discharged for treatment at the Treatment Facility.
8. In the event that, in the opinion of the Chief City Engineer, the leachate
from the Crane Mountain Landfill Facility adversely affects the treatment process of the
Treatment Facility, then the further discharge of leachate shall immediately cease upon
notification to the Commission in writing by the Chief City Engineer or his designate,
and must not resume until the Commission receives approval from the Chief City
Engineer or his designate. The Commission shall be solely responsible for providing
alternative disposal arrangements for the leachate and for the costs associated therewith.
9. The Commission will be responsible for designing and operating the
leachate delivery to the Treatment Facility in such a way as to make the addition of
leachate as uniform as possible, to the satisfaction of the Chief City Engineer.
10. The Commission will be responsible for volume measurement, sampling
and analysis of the leachate to the satisfaction of the Chief City Engineer.
11. All parameters of the leachate will be subject to the City's Water and
Sewerage By-Law and amendments thereto, as enacted by the City's Common Council
from time to time.
12. The Commission will be responsible for all approvals and associated costs
required for the implementation of the leachate delivery system, including dealing with
landowners for easements and joint use agreements.
13. The Commission will be responsible for all costs related to the design and
constmction of the leachate delivery system.
June 13t11, 2006
Page 8
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Crane Mountain Leachate
Agreement and W &8 By-law Amendment
14. The City may, upon written notice to the Commission, and without any
penalty or recourse to the Commission, terminate this agreement if it is determined that
the capacity of the Treatment Facility is required to service the users within the
municipality.
15. The City may, upon written notice to the Commission, and without any
penalty or recourse to the Commission, terminate this agreement if it is determined that,
in the City's view, the characteristics of the leachate are such that there is a negative
impact on the operation and/or performance of the Treatment Facility, and the
Commission is unwilling or unable to correct this with pre-treatment to reduce the
characteristics to values acceptable to the City or to which the City is held by other levels
of government.
16. In the event the leachate is found to contain a substance which is
prohibited, restricted or regulated under any federal or provincial legislation or
regulation, then the City may terminate this Agreement and the Commission indemnifies
and saves the City harmless from all actions, causes of action, suits, damages, claims,
demands whatsoever relating directly or indirectly to the infiltration or presence of such
substance in the City's Treatment Facility as a result of the delivery of leachate for
treatment at the Treatment Facility, except for those arising out of the negligence of the
City; it being expressly agreed and understood that the indemnification herein survives
this agreement notwithstanding anything to the contrary contained herein.
17. In the event the Commission is in breach or in default of any provision of
this Agreement, then the City may, upon seven (7) calendar days written notice to the
Commission terminate this Agreement, without any recourse to the Commission, it being
expressly understood and agreed that the provisions of paragraph 6 hereof survives the
termination or cancellation of this Agreement.
18. Notice to the Commission hereunder shall be satisfactorily given if
delivered to the Commission's office at 37 Hanover Street, Unit 8, Saint John, NB, E2L
3G 1, or at such other address of which the Commission has advised the City in writing.
Notice to the City shall be satisfactorily given if delivered to the Office of the Common
Clerk of the City, 8th Floor, City Hall, 15 Market Square, Saint John, NB; and notice to
the Chief City Engineer or his designate shall be satisfactorily given if delivered to the
Municipal Operations Department, 175 Rothesay Ave., Saint John, NB.
June 13t11, 2006
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Crane Mountain Leachate
Agreement and W &8 By-law Amendment
19. This Agreement is for a term of ten (10) years commencing on _ June,
2006 and terminating on _ June, 2016.
THIS AGREEMENT shall enure to the benefit of and be binding upon the
parties hereto, their respective successors and assigns.
SIGNED SEALED AND DELIVERED
In the presence of
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THE CITY OF SAINT JOHN
N. M. McFarlane, Mayor
J. Patrick Wood, Common Clerk
Common Council Resolution:
June 19th, 2006
FUNDY REGION SOLID
WASTE COMMISSION
Allison Walker, Chairman
Kenneth Marshall, Secretary
June 13'11, 2006
10
Page
M &C - 2006-165
June 14,2006
His Worship Mayor Norm McFarlane and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Emera Brunswick Pipeline Company Ltd. -
New Brunswick Environmental Impact Assessment Registration
Review of the proposal involves review processes by both federal and provincial
departments and there is an effort to coordinate the processes. The City of Saint
John is a paliicipant in the review of provincial environmental impact assessments
for projects within the City. The memo from the Department of Environment and
Local Government (DEL G) indicates:
"A copy of the attached registration is provided for your review and comments.
The purpose of the Environmental Impact Assessment Regulation is to ensure
that environmental concerns are addressed at the earliest possible stage of
development planning. Your review of this registration should focus on
identifying significant environmental effects associated with the proposed
development.
In meeting this objective, it would be of great assistance if you could address the
following questions in this initial environmental review of the project.
1. Identify any concerns, within the mandate of your agency, which you may have
with the proposed project that may not be addressed through the application of
other provincial/federal regulations.
2. Identify any other general concerns you may have with the proposed project.
As Regulation 87-83 requires the Ministers determination within 30 days of
registration, I would appreciate receiving your comments by June 19,2006."
The request is for comments by June 19. As that is the date of the Council
meeting, we have asked for an extension of a day or two.
June 16,2006
Page 2
This initial step of the review involves identification of general concerns, and in
particular, those that may not be adequately covered by various regulations. Many
typical concerns may be covered in other regulations. The EA is a comprehensive
document which attempts to define all the major issues and proposals for dealing
with them are laid out. Many of the more detailed concerns required to be worked
out through the detailed planning and implementation processes are dealt with
through a wide variety of by-laws and legislative regulations.
The environmental assessment document (EA) includes a section providing an
overview of the extensive regulations that apply to pipeline projects. That
information is attached for your reference.
The level of detail of the EA deals with a preferred 100 metre corridor. For areas
of concern where alternate routes may need to be explored, the corridor is wider.
The document notes:
"The delineation of the pipeline RoW (30 m wide) within the preferred corridor
will be completed following the issuance of an NEB Celiificate of Public
Convenience and Necessity and will be based on fmiher site-specific constraint
mapping, field investigations, and information received from the public,
landowners, other interested patiies, and government agencies."
The EA appears reasonably extensive and thorough and, in many regards, similar
to those for EIAs and NEB reviews for other pipeline projects, including the
existing 16" Saint John Lateral which now runs through the City (including under
Harbour Passage).
The content of the EA as laid out by Jacques Whitford in their report is attached.
City Concerns
Initial review of the document indicates that most of the components identified in
the NEB scoping document have been addressed. There are, however, areas of
detail that the City may have concerns about. The City, through their participation
on the Technical Review Committee for the project, will have further input to the
EA through its approval process. The results of that technical review will be
provided to the NEB as part of the hearing process.
Some specific areas of concern are noted below. It is suggested that City
departments review the material further to determine if there are particular efforts
that should be made for co-ordination or addressing more detailed concerns.
Examples include:
. How will appropriate emergency plans be worked out with City and public
input that will include arrangements for fire prevention, training, and response
and for other Emergency Measures Organization coordination required for
dealing with an emergency during construction, operation and future
decommissioning?
. The documents mention that during operation surveys from the air will be
done, but it would be desirable and reassuring to have more detail regarding
June 16,2006
Page 3
how security for such a line will be maintained and how the line would be
patrolled.
. How will adequate consultation with City and public input on traffic
management plans be carried out to minimize the impact on commuters and
other citizens, particularly where some streets must be crossed by the pipeline?
. How will adequate consultation with City and public input be carried out to
define reasonable hours of construction activity and other limits near
residential areas to minimize the impact of noise of constmction, horizontal
directional drilling (HDD) or blasting?
. How will adequate consultation with City and provision of information to the
public be done regarding impacts or intermptions in existing sewer or water
services due to pipeline constmction activity? What steps can be taken to
ensure that those impacts are minimized? How will alignment and placement
of the pipeline be done to ensure that ongoing maintenance, repair and
reconstruction of city services are not adversely affected?
. How will adequate consultation with City and public be done to coordinate
with other private and City construction projects to minimize impact on
citizens and on the environment?
. How will adequate consultation with City and public input be carried out to
define opportunities and responsibilities for open space, recreational, or other
features along or adjoining the pipeline corridor?
. How will adequate consultation with City and public input be carried out to
define responsibilities and ensure timely and high quality remediation of areas
affected by construction along or adjoining the pipeline corridor?
City staff are carrying out review of the application documents from the
perspective of municipal concerns. Other regulatory agencies will be providing
review in areas of their technical expertise. The provincial, as well as the federal,
review includes many experts employed in departments who have specialised
scientific or other knowledge. If however there are areas that Council wishes to
more seriously examine in greater detail, these should be identified and appropriate
arrangements made.
The summary and conclusion of the EA is attached for your reference.
Health & Safety
The EA also includes a risk assessment of pipeline constmction and operation.
Safety is a key concern of many citizens. It is suggested that there is a need for a
current and ongoing public information program focused on this issue to explain
the risks involved with respect to the proposed project, detail the track record of
similar pipeline operations, and in particular, those regulated by the federal
government and NEB. Also, it may be helpful for specific scenarios to be
explained regarding how both typical and catastrophic incidents would be dealt
with. This may serve to calm the fears of many citizens about the dangers of the
project.
Staff will continue to review the application and report to Council on issues of
concern.
June 16,2006
Page 4
National Energy Board - Status
The proposed pipeline was officially registered with the National Energy Board on
Tuesday, May 23rd. Note that a new company, Emera Brunswick Pipeline
Company Ltd., has been formed for this project.
The National Energy Board (NEB) will hold an oral public hearing starting on
Monday, 6 November 2006 to consider the application submitted by Emera
Bfilnswick Pipeline Company Ltd. (EBPC). The public hearing will take place at
the Hilton Saint John Trade and Convention Centre (One Market Square, Saint
John, New Bfilnswick) in the Loyalist Room. A copy of the news release is
attached.
RECOMMENDATION:
1. This report be received as information.
2. Council recommend to the pipeline proponent as well as DELG that there
be a current and ongoing public information program focused on this issue
to explain the risks involved with respect to the proposed project.
Respectfully submitted,
Jim R. Baird, MCIP
Commissioner
Planning and Development
Terrence Totten, F.C.A.
City Manager
CLC
for the design and construction of the M&NP system and currently is the contract operator of the M&NP
system. St. Clair personnel have carried out much of the development work on the Brunswick Pipeline
to date and, as such, are supporting a seamless transition of the ownership of the Project to Emera
Brunswick Pipeline Company. The key St. Clair personnel that have been involved with the Project to
date will continue to be involved in the Project.
Contact Information:
Brunswick Pipeline Project
Suite 1600
1801 Hollis Street
Halifax, Nova Scotia
Canada, B3J 3N4
Phone: (902) 425-4474
Fax: (902) 420-0253
1-800~223-1716
Project Contact:
Mr. Jim McLelland, P.Eng.
Project Manager
Phone: (902) 490~2201
imclella nd@duke-energy.com
1.3 Purpose and Need for the Project
The primary purpose of and need for the Project is to provide the necessary new infrastructure to
transport natural gas from the Canaport™ LNG facility, currently being developed near Saint John, to
markets In Maritimes Canada and the Northeastern United States. The gas will be supplied by Repsol
YPF, which is an integrated international oil and gas company that operates in more than 25 countries,
Repsol YPF is one of the ten major private oil companies in the world and its oil and gas reserves total
more than 5.4 billion barrels of oil equivalent, located mostly in Latin America and North Africa. This
pipeline will enable Repsol to market new gas supplies from the Canaport™ LNG receiving terminal,
commencing as early as November 2008. Specifically, the Project is designed to enable Repsol to
transport up to 750,000 Dth/d of natural gas to various markets.
1.4 Regulatory Framework
The Project requires approval from the NEB pursuant to the National Energy Board Act (NEBA). An
Application (i.e., Certificate of Public Convenience and Necessity pursuant to NEBA) is being filed with
the NEB concurrently with this EA. The Application triggers the requirement for an EA under the
Canadian Environmental Assessment Act (CEAA) as the issuance of the Certificate of Public
Convenience and Necessity is on the Law List Regulations. The NEB will be an RA for the EA under
CEM. Based on the other authorizations required that are on the Law List Regulations, the
Department of Fisheries and Oceans (DFO) (Fisheries and Oceans Canada) and Transport Canada
may also be RAs. Federal agencies providing expert advice on the Project may include Environment
Canada (EC), Health Canada (He) and Natural Resources Canada (NRCan). As the Project Is on the
Comprehensive Study List Regulations, the Canadian Environmental Assessment Agency (the
"Agency") will act as the federal environmental assessment coordinator. This EA must meet the
requirements of CEM and the Environmental and Socia-economic Assessment provisions of the NEB
BRUNSWICK PIPELINE PROJECT PROJECT 1003790. May 2006
2
Filing Manual (NEB 2004a) and the NEB will be a Responsible Authority (RA) for the EA. It must also
meet the requirements of the NEB Brunswick Pipeline Project draft Environmental Assessment Seoping
Document (NEB 2006), which was issued for publ1c comment on May 5,2006.
NEB approvals will be obtained through a two-step regulatory process. Step 1 is to file an Application
for a preferred corridor, including an environmental and socio-economic assessment of the preferred
corridor that will meet CEAA and NEBA requirements. The Application also addresses the balance of
the filing requirements under NEBA. Step 2 is to file an Application for a detailed pipeline route and
30 m right-of-way (RoW) within the preferred corridor to the NEB following issuance of an NEB
Certificate of Public Convenience and Necessity and completion of the EA.
The Project Is affected by federal and provincial statutes and regulations (Table 1.4.1). Subsequent to
NEB approval, the Project will require permits and/or approvals from various federal and provincial
regulatory agencies, potentially including but not necessarily limited to those agencies and legislation
listed in Table 1.4.1.
Table 1.4.1 Legislation that May be Applicable to the Project
lealslatlon Aaency TVSle of Actlvltv
Federal
Canadian Environmental . National Energy Board . The Project
Assessment Act and . Environment Canada
Regulations . Fisheries and Oceans Canada
. Transport Canada
. Canadian Environmental Assessment Aaencv
Canadian Environmental . EnvIronment Canada . Hazardous wastes
Protection Act . Petroleum, oil, lubricant storage
Canadian Environmental . Marine Environment Division . Sulphide-Bearing Rock
Protection Act - Part 7, Division Environmental Protection Service Disposal (if required)
3, 1999 (Ocean Disposal Environment Canada
Permit)
Canadian Transportation . President of the Queen's Privy Council for . Project Operation and
Accident Investigation and Canada Maintenance - accident and
Safety Board Act and incident reporting
Transportation Safety Board
Reaulatlons
Explosives Act . Natural Resources Canada . Handling of blasting agents and
explosives
Fisheries Act . Fisheries and Oceans Canada . Watercourse crossinas
Historic Sites and Monuments . Department of Canadian Heritage . Protection of archaeological
Act sites
Migratory Birds Convention Act . Environment Canada . RoW clearing and construction
of oloallne
National Energy Board Act and . National Energy Board . The Project
Onshore Pipeline Regulations,
1999
Navigable Waters Protection . Transport Canada . Works or construction activity in
Act naviaable waters
Species at Risk Act . Environment Canada . RoW clearing and construction
of oioeline
Transportation of Dangerous . Transport Canada . Transporting and handling
Goods Act, 1992 and dangerous goods
Requlations
BRUNSWICK PIPELINE PROJECT PROJECT 1003790. May 2006
3
Table 1.4.1 Legislation that May be Applicable to the Project
lealslatlon Aaencv 1 Tvoe of Activitv
Provincial
Clean Environment Act . New Brunswick Department of Environment . Disposal of hydrostatic test
. Water Quality Regulation water
. Used Oil Regulation . Waste 0[1 disposal
Clean Water Act . New Brunswick Department of Environment . Altering or crossing a
. Watercourse and Wetland waterbody or wetland
Alteration Regulation
. WarerohedPro~cwdAma
Designation Order
Endangerod Species Act . New Brunswick Department of Environment . Construction of pipeline
Forest Fires Act . New Brunswick Department of Natural . Accidental events
Resources . Controlled burns
Historic Sites Protection Act . New Brunswick Culture and Sport Secretariat . Protection of archaeological
sites
Occupational Health and Safety . New Brunswick Occupational Health and . Construction, and Operation
Act Safety Commission and Maintenance for worker
. Occupational Health and health and safety
Safety Regulations
. Occupational Health and
Safety Code of Practice
for Working Alone
Regulations
Workplace Hazardous Materials
Information System Regulations
Workero' Compensation Act
and Workers' Compensation
Reaulations
Transportation of Dangerous . New Brunswick Department of Public Safety . Transporting or handling
Goods Act and Reaulations danaerous aoods
1.5 Organization of the Report
This EA is organized into the following ten sections.
. Section 1.0 provides an Introduction to the EA, and outlines the purpose, structure and content of
the EA.
. Section 2.0 provides a description of the Project, details of the Project elements and activities,
including accidents, malfunctions. and unplanned events, to be assessed, and the environmental
management practices to be implemented on the Project.
. Section 3.0 provides a description of the issues scoping process, outlines the scope of the Proiect
and the scope of the EA, and includes a summary of public. stakeholder, Aboriginal. and regulatory
consultation efforts. The methodology employed for this EA is also described in Section 3.0.
. Section 4.0 provides a description of the existing environment in the Project area in terms of the
Valued Environmental Components (VECs) being assessed.
. Section 5.0 provides an assessment of potential environmental effects for each VEC inCluding
accidents, malfunctions, and unplanned events.
BRUNSWICK PIPELINE PROJECT PROJECT 1003790. May 2006
4
· Section 6,0 provides an assessment of the effects of the environment on the Project.
· Section 7.0 provides an assessment of cumulative environmental effects.
· Section 8.0 provides the EA conclusions.
· Section g,O provides the closing remarks.
· Section 10,0 provides the references cited in the EA.
BRUNSWICK PIPELINE PROJECT PROJECT 1003790. May 2006
5
8.0 SUMMARY AND CONCLUSIONS
This environmental assessment (EA) report describes and evaluates the potential environmental and
socio.economlc effects of the Brunswick Pipeline Project during all Project phases (i.9., Construction,
Operation and Maintenance, and Accidents, Malfunctions, and Unplanned Events). The EA is based
on information collected during field surveys, consultation with regulators, stakeholders, the public and
the Aboriginal community, background research, and the professional judgement of the Jacques
Whitford Study Team. In accordance with the requirements of Sections 16(1) and 16(2) of CEM,
applicable sections of the NEB Filing Manual (NEB 2004a), and the provisions of the NEB Brunswick
Pipeline Project draft Environmental Assessment Scoping Document (NEB 2006), this Environmental
and Socio-economlc Assessment Includes:
. a discussion of the alternatives to the Project and the alternative means of carrying out the Project
that are technically and economically feasible and the environmental effects of any such alternative
means;
. a description of the Project Including the purpose and need, the proposed facilities and activities,
and the potential accidents, malfunctions or unplanned events that may occur in connection with the
Construction, and Operation and Maintenance phases of the Project;
. a consideration of the capacity of renewable resources that are likely to be sIgnificantly affected by
the Project to meet the needs of the present and those of the future;
. a summary of consultatron mechanIsms, comments from the pUbl1c and Issues raised during
consultation (i.e., Issues scoping) as well as a description of the methodological approach to the
environmental assessment;
. a description of the existing biophysIcal and socio-economic environment In the Project area in
terms of the Valued Environmental and Socio-economic Components (VECs) being assessed;
. an assessment of the environmental effects of the Project for each of the VECs, and the
significance of the envIronmental effects;
. an assessment of cumulative environmental effects;
. an assessment of the effects of the environment on the Project;
. recommendations for measures to mitigate any significant adverse environmental effects; and
. recommendatIons for follow.up and monitoring.
BRUNSWICK PIPELINE PROJECT PROJECT 1003790. May 2006
487
The scope of the EA was determined in consideration of the requirements of Sections 15 and 16 of
CEM, the ~nvironmantal and Socio-economic Assessment provisions of the NEB Filing Manual (NEB
2004a) , and the provisions of the NEB Brunswick Pipeline Project draft Environmental Assessment
Scoping Document (NEB 2006). Consultation with the public, stakeholders, regulatory authorities, and
Aboriginal community was a major component of the scoping process and was ongoing for the duration
of the EA. Public consultation was initiated In May 2005 and is ongoing via the following methods:
. holding open houses on the Project;
. opening a dialogue with potentially affected landowners and key stakeholders; and
. notifying the public of the Project and soliciting comments through a toll-free telephone line and
email address.
RegUlatory consultation was Initiated for the pipel1ne corridor selection process and the EA. The
alternate pipeline corridors considered, constraints, and evaluation criteria were reviewed with local
regulators, Including but not limited to the Department of Fisheries and Oceans (DFO) (Fisheries and
Oceans Canada), Environment Canada, the New Brunswick Department of Environment (NBENV), the
New Brunswick Department of Natural Resources (NBDNR), and the New Brunswick Department of
Transportation (NBDOT).
An Aboriginal consultation plan and Traditional Ecological Knowledge (TEl<) pfanwere prepared and
initiated for the Project. An Aboriginal consulting firm was retained to facilitate the consultation process
and the TEK plan. Open houses and direct consultation were identified as the primary forms of
communication with Aboriginal communities and organizations. Subsequently, direct contact was made
with the Chiefs, and open houses were held In most of the Aboriginal communities.
All issues raised during public consultation were reviewed and evaluated for their relevance to the EA,
and considered during the scoping process and selection of the VECs.
Twelve Valued Environmental Components (VECs) were selected for the EA. comprising a range of
biophysical and socio-economic aspects of the environment that may be affected by the Project. These
are:
. Atmospheric Environment;
. Water Resources;
. Fish and Fish Habitat;
. Vegetation;
. Wetlands;
BRUNSWICK PIPEL1NE PROJECT PROJECT 1003790. May 2006
488
. Wildlife and Wildlife Habitat;
. Health and Safety;
. Traditional land and Resource Use;
. land and Resource Use;
. Infrastructure and Services:
. labour and Economy; and
. Archaeological and Heritage Resources.
Project~VEG interactions were analyzed by Project phase to determine potential environmental effects
associated with Project components and activities. Residual environmental effects were predicted for
VEGs following the application of proposed mitigation measures. The residual environmental effects of
each Project phase were evaluated as significant, not significant, or positive, based on the significance
threshold developed for each VEC. In all cases, the residual environmental effects of the Project were
rated not significant, except in the case of some Accidents, Malfunctions or Unplanned Events (e.g.,
hazardous materials spills, pipeline ruptures, fires) that have the potential to be significant but are
unlikely to occur.
Effects of the environment on the Project Included those from weather-related events (e.g., rainfall and
flooding), seismic-related events (e.g., earthquakes), sinkholes (i.e., Karst topography), induced
potential (e.g., induced electrical potential from paralleling electrical transmission lines), forest fires and
soil contamination. The Project will be planned, designed and constructed such that the Identified
effects of the environment on the Project are rated not significant, or if significant, extremely unlikely.
The assessment of cumulative environmental effects of the Project considered the following categories
of past, present, and future projects and activities that will be carried out:
. land use actions (I.e., adjacent activities, existing RoWs, urbanization, and planned development
projects); and
. global actions that may act in combination with. the environmental effects of the Project (I. e.,
regional aIr quality as a measurement of the cumulative emissions of global burning of fossil fuels
acting on the regional alrshed).
The VEGs considered in the cumulative environmental effects assessment were Atmospheric
Environment, Water Resources, Fish and Fish Habitat, Vegetation, Wetlands, Wildlife and Wildlife
Habitat, land and Resource Use, Infrastructure and Services, and labour and Economy. The Project
is not anticipated to result in substantive contributions to cumulative environmental effects due to the
mitigation measures and environmental management framework for the Project. Therefore, there is no
BRUNSWICK PIPELINE PROJECT PROJECT 1003790. May 2006
489
additional mitigation recommended for minimizing the potential cumulative environmental effects of the
Project in addition to that identified for the mitigation of environmental effects in the EA.
A Follow.up and Monitoring Program is outlined In the EA. During Construction, the effectiveness of
the Environmental Management and Safety Program will be assured by a comprehensive site
inspection and monitoring program, including the presence of qualified inspectors onsite to ensure
compliance with the EPP and the Proponent's environmental, health and safety policies and
procedures. During Operation and Maintenance, routine pipeline monitoring and surveillance programs
and engineering assessment will be implemented to ensure the effectiveness of the Pipeline Integrity
Management Plan (Pipeline IMP) and effectiveness of mitigation to prevent unauthorized access to the
RoWand potential damage to the pipeline system.
Numerous follow-up and monitoring activities specific to each VEC are recommended In this EA report.
If any follow-up and monitoring activities are identified in addition to those outlined in the EA, they must
be scoped In consultation with the appropriate regulating agencies and implemented by the Proponent
as required.
Based on the results of the EA, and the provision that the mitigation identified in the EA is implemented
on the Project, it is concluded that the Project is not likely to cause significant adverse environmental
effects.
BRUNSWICK PIPELINE PROJECT PROJECT 1003790. May 2006
490
National Energy Olfice national
Board de I'energia
I ~,:'}V1i(:-c/:e:!':'vv:c" .:(, "S'. Release
-,"'- .~ : ., :.'. ~(. ~( ~.: .' -,
:.- .: -'. . ~,. ,.- ..
444 Seventh Avenue SW, Calgary, Alberta T2P axe
06/17
For immediate release
9 June 2006
NEB to hold public hearing on application to construct the Brunswick Pipeline Project
CALGARY - The National Energy Board (NEB) will hold an oral public hearing starting on Monday,
6 November 2006 to consider an application submitted by Emera Brunswick Pipeline Company Ltd. (EBPC),
The public hearing will take place at the Hilton Saint John Trade and Convention Centre (One Market Square,
Saint John, New Brunswick) in the Loyalist Room. Interested persons can participate in the public hearing in
one of three ways:
(i) by seeking intervenor status,
(ii) by filing a letter of comment,
(iii) by making an oral statement to the Board.
To be considered for intervenor status, applications must be submitted to the Secretary of the NEB by
Tuesday, 4 July 2006; letters of comment and letters requesting permission to make an oral statement
are due by Tuesday, ] 2 September 2006, The above documents must be sent to the Secretary of the
Board, and a copy sent to EBPC and its counsel. On-line application forms are available on the NEB's
Internet site at www.neb-one.gc.ca. Click on "Submit a Document", scroll down to "Applying to
participate in an NEB Hearing" and select the option of your choice.
The hearing will be broadcast live over the NEB's Internet site. Anyone wishing to listen to the daily
proceedings should log onto www.neb-one.gc.ca and follow instructions under "Hearings".
NEB staff will also be conducting two public information sessions to explain the Board's public hearing
procedures and also to help people prepare for meaningful participation in this hearing process.
Monday, 19 June 2006 at 7:30 p.m.
Delta Brunswick, in the Ballroom
39 King Street, Saint John
Tuesday, 20 June 2006 at 7:30 p.m,
Royal Canadian Legion, Lancaster Branch
714 Wilson Street West, Saint John
Please note that NEB staff can only discuss the Board's hearing process and the options for public
participation. NEB staff cannot speak to the merits or substance of the application. Such matters will be
addressed during the public hearing beginning on Monday, 6 November 2006.
As outlined in its application, EBPC is planning the construction and operation of a 762-millimetre (30-inch)
diameter, t 45-kilometre pipeline. The proposed facilities would extend from the Canaport™ Liquefied
Natural Gas Facility at Mispec Point, near Saint John, New Brunswick to the international border near
St. Stephen, New Brunswick.
. ../2
Canadm
- 2"
The NEB is an independent federal agency that regulates several aspects of Canada's energy industry. Its
purpose is to promote safety and security, environmental protection, and efficient energy infrastructure and
markets in the Canadian public interest, within the mandate set by Parliament in the regulation of pipelines,
energy development and trade.
-30-
The present news release, along with NEB's Hearing Order GH-1-2006 and EBPC's application
arc available on the Board's Internet site at www.neb-one.gc.ca, Regulatory Documents, then
"Quick Links", and scroll down to Emera Brunswick Pipeline Company Ltll.
For further information:
Carole Leger-Kubeczek
clegerkubeczek@neb-one.gc.ca
Communications Officer
Telephone: (403) 299-2717
For filing of documents and correspondence:
Mr. Michel L. Mantha
Secretary
National Energy Board
444 Seventh Avenue SW
Calgary, Alberta T2P OX8
Facsimile: (403) 292-5503
For a copy of
Hearing Order GH-1-2006:
National Energy Board
Publications Office
Ground Floor
444 Seventh Avenue SW
Calgary, Alberta T2P OX8
Telephone: (403) 299-3562
Public viewing: The application is available for viewing in the NEB Library, Ground Floor,
444 Seventh Avenue SW, Calgary, Alberta. EBPC will also be arranging to have the application and
any related documents available fOf public viewing at the following locations:
Emera Brunswicl{ Pipeline Company Ltd.
1894 Barrington Street
Barrington Tower, Scotia Square
Hali fax, Nova Scotia
Saint John Public Library
Central Library
1 Market Square
Saint John, New Brunswick
City of Saint John
Common Clerk's Office
1 Market Square
Saint John, New Brunswick
Saint John Public Library
West Branch Library
Lancaster Mall
621 Fairville Blvd.
Saint John, New Brunswick
St. Stephen Town Hall
34 Milltown Blvd.
St. Stephen, New Brunswick
Saint John Public Library
East Branch Library
Westmorland Mall
545 Westmorland Road
Saint John, New Brunswick
~f:'%n~~~;~n.1 ~~.I Energy I Communique
444, 5eptieme Avenue 5.-0., Calgary (Albertd) T2P OX8
06/17
Pour diffusion immediate
Le 9 juin 2006
L'ONE tiendra une audience publique au sujet de
la demande de construction du gazoduc Brunswick
CALGARY - L'Office national de I'energie (ONE ou Office) a decide de tenir une audience publique orale Ie
lundi 6 novembre 2006, afin d'examiner la demande presentee par la societe Emera Brunswick Pipeline Company
Ltd. (EBPC).
L'audience publique aura lieu au Hilton Saint John Trade and Convention Centre [1 Market Square, Saint John
(Nouveau-Brunswick)], dans la salle Loyalist. Les personnes interessees peuvent participer a I'audience de I'une
des trois far;:ons suivantes :
i. en demandant Ie statut d'intervenant;
it en presentant une lettre de commentaires sur la demande;
iii. en presentant un expose oral a I 'Office.
Les personnes qui souhaitent devenir des intervenants a l'audience doivent en faire la demande par ecrit au
secretaire de l'Office d'ici Ie 4 juillet 2006. Les lettres de commentaires et les demandes de presentation
d'un expose oral doivent etre deposees au pres de I'Office d'ici Ie mardi 12 septembre 2006. Les
documents cites doivent etre achemines au secretaire de I'Office et une copie doit etre envoyee a EBPC et
a son avoca1. Les formulaires de demande en ligne se trouvent dans Ie site Web de I'ONE, a I'adresse
www.neb-one.gc.ca. II suffit de cliquer sur<< Deposer un document }}, puis de faire defiler vers Ie bas
jusqu'a la rubrique (( Demande de participation a une audience de l'ONE )) et de selectionner l'option
desiree.
L'audience sera diffusee en ligne a partir du site Web de I'Office. Pour ecouter I'enregistrement sonore de
I'audience, veuillez entrer en communication avec Ie site Web de l'Office a I'adresse www.neb-one,gc.caet
suivre les instructions foumies sous (( Audiences )).
Le personnel de I'ONE tiendra aussi deux seances d'information publique afin d'expliquer la procedure
d'audience de I'Office et d'aider les personnes interessees a se preparer a participer au processus.
Le lundi 19 juin 2006, 19 h 30
Hotel Delta Brunswick, salle de bal
39, rue King, Saint John
Le mardi 20 juin 2006, 19 h 30
Filiale Lancaster de la Legion royale canadienne
714, rue Wilson Ouest, Saint John
Veuitlez prendre note que Ie personnel de l'Office ne discutera que de la procedure d'audience de l'Office et de la
maniere d'y participer. Le personnel de I 'Office ne peut traiter du merite de la demande ni de son contenu, Ces
questions seront abordees a I'audience publique du lundi 6 novembre 2006.
Dans sa demande a I'Office, EBPC explique son intention de construire et d'exploiter un gazoduc d'environ
145 kilometres de long et de 762 milIimetres de diametre (30 pouces) pour assurer Ie transport depuis
I'installation de gaz naturelliquefie (GNL) CanaportMD, situee a Mispec Point (Nouveau-Brunswick\ a un point
situe sur la frontiere canado~americaine a proximite de S1. Stephen (Nouveau-Brunswick).
Canada
L.Office national de I'energie est un organisme federal independant qui reglemente plusieurs aspects de
l'industrie energetique du Canada. Sa raison d'etre est de promouvoir la surete et la securite, la protection de
l'environnement et l'efficience economique dans I'interet public canadien, en s'en tenant au mandat que Ie
Parlement lui a confere au chapitre de la reglementation des pipelines ainsi que de la mise en valeur et du
commerce des ressources energetiques.
w30-
On pcut consulter ce communique, ainsi que l'ordonnance d'audience GH-1-2006 et la demande
d'EBPC, dans Ie site Web de POrtice, a l'adresse www.neb-one.gc.ca, sous la rubrique Documents
de reglementation, puis Acces rap/de et faire defiler vers Ie bas jusqu'a Emera Brunswick Pipeline
Company Ltd.
Pour de plus am pies renseignements :
Carole Leger-Kubeczek
clegerkubeczek@neb-one.gc.ca
Agente des communications
Telephone: (403) 299-2717
Pour deposer un document ou une lettre :
Monsieur Michel L. Mantha
Secretaire
Office national de l'energie
444, Septieme Avenue S.-O.
Calgary (Alberta) T2P OX8
Telecopieur : (403) 292-5503
Pour obtenir unc copie de I'ordonnance d'audience GH-1-2006 :
Office national de l'energie
Bureau des publications
Rez-dewchaus see
444, Septieme Avenue S.-O.
Calgary (Alberta) T2P OX8
Telephone: (403) 299-3562
Consultation publique : La demande peut etre consultee a la bibliotheque de l'ONE a l'adresse suivante :
Rez-dewchaussee, 444, Septieme Avenue S.-O., Calgary (Alberta). Par ailleurs, EBPC mettra a la disposition du
public aux fins de consultation une copie de sa demande et de tous les documents connexes aux endroits suivants.
Emera Brunswick Pipeline Company Ltd.
1894, rue Barrington
Barrington Tower, Scotia Square
Halifax (Nouvelle-Ecosse) B3J 2A8
Bibliotheque municipaJe de Saint John
Bibliotheque centrale
1 Market Square
Saint John (Nouveau-Brunswick)
VUle de Saint John
Bureau du greffier
15 Market Square
Saint John (Nouveau-Brunswick)
Bibliothcque munieipale de Saint John
Succursale ouest
Lancaster Mall
621, boulevard Fairville
Saint John (Nouveau-Brunswick)
HMel de vUlc de St. Stephen
34, boulevard Milltown
St. Stephen (Nouveau-Brunswick)
E3L 1 G3
Bibliotheque municipale de Saint John
Succursale est
Westmorland Mall
545, chemin Westmorland
Saint John (Nouveau-Brunswick)
\~,\q
REPORT TO COMMOiN COUNCIL
OPEN SESSION
M & C 2006 - 163
June 14,2006
His Worship Norm McFarlane
and Members of Common Council
Your Worship and Councillors:
SUBJECT
Zoning Issue
At the May 23,2006 meeting, Councillor Chang $ised a concern regarding a
property bounded by Rothesay Avenue and Marl~orough Avenue with respect to
the use of that property. Councillor Chang indica1ed that it appeared the use of
the property was not appropriate with respect to it~ zoning. The matter was
referred to the City Manager for a report. !
i
The Building Inspector has confirmed that the us~ of the property was
inappropriate and the request of the Councillor was reasonable. Since the time of
that report it is understood that the Councillor has!had discussion with the
property owner and the property owner has subse~uently remedied the situation.
Councillor Chang may wish to speak to this issue~
RECOMMENDATION
Your City Manager recommends that this report tie received and filed.
!
Respectfully submitted,
Terrence Totten, CA
City Manager
~
City of Saint John
May 16, 2006
Your Worship and Fellow Councillors:
RE: Zoning Issue
There is a property bounded by Rothesay A venue an~ Marlborough A venue which is
currently zoned R-2. This property is owned by Clea. View Mobile Homes. The
property as illustrated on the attached map is immedi~tely adjacent to other residential
properties. The owners ofthis property are using it f~r the purposes of storing equipment
and other apparatus associated with the owner's business. It is very unsightly.
This situation could have the affect of devaluating th~ adjacent residential properties and,
therefore, steps should be taken to address this situati~n.
I, therefore, move that Council direct the Building In~ector, Wm. Edwards, to issue
whatever Orders as may be necessary to the property owner to have the Zoning violations
remedied. In the event that the owners do note omply with the Building Inspector's
Order, I further recommend that Wm. Edwards be authorized to make application to the
appropriate Court for an Order to Comply.
Respectfully submitted,
Original signed by Jay-Young Chang
Councillor Jay-Young Chang
Attachment
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REPORT TO COMMON COUNCIL
M & C - 2006 - 167
City of Saint John
June 19,2006
;
His Worship Mayor Norman McFarlane and:
Members of Common Council '
Your Worship and Councillors: ,
RE: Harbour Station - *aging
BACKGROUND
A request has been received from Harbour Statiqn to add the cost ofreplacing
their stage to this year's capital budget. It was aitticipated that the staging would
be replaced in 2007 however staging requiremenjts for recent and upcoming
concerts ~e necessitating that the replacement b~ done sooner.
ANAL YSIS
Harbour Station purchased 2400 square feet of S~age Rite staging in 1993 and,
although the staging is in excellent condition, it does not meet the size and height
standards now being requested by larger shows that utilize the facility. Due to
liability issues larger shows are requesting stagirig that is at least five feet high.
Lack of adequate staging could impact on the faqility's ability to book major
concerts and as such could have an adverse finaricial impact on the facility's
operating deficit. Of immediate concern is a large concert scheduled for August
of this year which requires the larger staging.
Due to the excellent condition of the current staging an opportunity exists to
address an immediate issue at the Trade & Convention Centre. If replaced the
current staging could be given to the Trade & Cqnvention Centre to replace their
staging which was purchased in 1983. This staging has long exceeded its life
expectancy and has in recent times been deemedjunsafe for use due to portions
collapsing. Staff from the Trade & Convention Centre are in support ofthis
replacement.
FINANCIAL IMPLICATIONS
The cost of purchasing new staging is estimated ,at approximately $125,000 US.
Due to delays in certain projects within the capi$l program there is sufficient
room within the overall capital budget to allow tpr this expenditure without
adding to the overall 2006 Capital Budget.
RECOMMENDATION
It is recommended that the Harbour Station Corqrnission be given approval to
proceed with the replacement oftheir existing st~ging at an estimated cost of
$125,000 US and
That upon receipt of the new staging, the current staging at Harbour Station be
transferred to the Trade & Convention Centre.
Respectfully submitted,
~t~,
An r P. Beckett CHA.
Acting Tr
Terry L. Totten FCA
City Manager
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May 08, 2006
His Worship Norm McFarlane
and Members of Common Council
SUBJECT
Proposed Agreement - Province of New Brunswick
Communications Services
Simonds Volunteer Fire Department
BACKGROUND
In late 2005, the Simonds Volunteer Fire Department, through the regional office
of Environment and Local Government, requested a proposal from the City to
provide communications services through the Public Safety Communications
Centre.
The purpose of this report is to request Council's approval of an agreement with
the Province to provide the requested services,
ANALYSIS
The Simonds Fire Department (SFD) responds to an estimated 40 calls per year
within a large unincorporated area immediately east of Saint John. The
Department is totally volunteer and operates from one station, The PSCC
currently processes all 911 calls made from within the SFD territory.
Services to Be Provided
It is proposed that the PSCC will, in general, provide the following services for
SFD:
· Process all calls for services that are made within its coverage area that
are received through the NB911 system
· Process all calls for services from other services with which SFD has a
mutual aid agreement
. Utilize the radio network designated by SFD.
· Record voice communications on the logging recorder located within the
PSCC
Report to Common Council
May 08, 2006
Page 2
. Log calls for service within the Computer Aided Dispatch (CAD)
application.
. Staff the PSCC on a 24/7 basis to a level necessary to ensure service
levels are to acceptable standards
SFD/the Province will, in general, be responsible for:
. The operation and maintenance of the fire service to a level and standard
required by the applicable provincial legislation.
. Acquiring, maintaining and paying the associated costs of providing the
telephone and radio system to be used by the PSCC to communicate with
the SFD.
. The Province will provide appropriate liability insurance protection
covering the City against any actions or losses as a result of providing the
service.
Term of Agreement and Base Fee
It is proposed that the agreement will have a term of 2.5 years - from July 01,
2006 to December 31,2008. The proposed fees, payable quarterly will be:
Period I Fee
July 01, 2006 to Dec. 31, 2006 i $3500.00
2007 ! $7350.00
2008 I $7600.00
In addition the Province will, prior to July 01,2006, pay the City $1412.00, the
cost associated with connecting the SFD radio system to the PSCC.
FINANCIAL CONSIDERATIONS
The PSCC can meet the terms of the proposed agreement within existing
resources.
The City currently has similar agreements with the Province for the Musquash
Fire Department and for processing 911 calls, with Grand Bay-Westfield Fire
Service and with Atlantic Health Sciences Corp. for EMS communications. Total
revenue from these agreements is about $570,000.
Report to Common Council
May 08, 2006
Page 3
INPUT FROM OTHER SOURCES
The terms of the proposed agreement are acceptable to the Province. They are
currently reviewing the proposed agreement.
RECOMMENDATIONS
It is recommended that Common Council:
1. Approve the attached' Agreement Respecting Communications
Servicet between the Department of Environment and Local Government
for the Province of New Brunswick and the City of Saint John, relative to
services provided to the Simonds Fire Department, subject to a final
review of the document as to form, by the Legal Department.
2. Authorize the Mayor and Common Clerk to execute the agreement on
behalf of the City.
Respectfully submitted l
ems and Support
Terrence Totten, FCA
City Manager
AGREEMENT
RESPECTING COMMUNICATION SERVICES
THIS AGREEMENT made in triplicate.
BY AND BETWEEN:
The Department of Environment and Local (ri)vernment for the
Province of New Brunswick hereinafter called "The Province"
-AND-
The City of Saint John, hereinafter called "the City"
WHEREAS the Section 23 oftbe Municipalities Act provides for the establishment ofloca1 service
districts outside the territorial limits of a municipality;
AND WHEREAS Sections 23.1, 24 and 25 of the Municipalities Act, permits The Lieutenant-
Governor in Council to make regulations defining the boundaries of a local service district and
prescribing services to be provided under the Act;
AND WHEREAS the Simonds Volunteer Fire Department (SFD), provides fire protection and other
associated functions in portions of the Parishes of Simonds, as generally outlined in Schedule A, and
herein after known as the 'Coverage Area' and in so doing receives financial support from the
Province;
AND WHEREAS it is the objective of the City to deliver quality emergency services within the
municipality of Saint John on behalf of its citizens, at an affordable cost;
AND WHEREAS in so doing, the City has established a Public Safety Communications Centre
(PSCC), whose role it is to provide emergency and non-emergency communications services to its
Police Force and Fire Department;
AND WHEREAS the Province and the Simonds Volunteer Fire Department wish the City, through
the PSCC, to provide communication services within the Coverage Areas;
THE PARTIES HERETO HA VE AGREED to provision of communications services to the SFD
by the PSCC on the terms and conditions hereinafter set out.
ARTICLE I - INTERPRETATION
1.01 In this agreement:
Draft Version 1.0 May 02, 2006
AGREEMENT
RESPECTING COMMUNICATIONS SERVICES
PAGE 2
Business Day means a day other than a Saturday, Sunday or a holiday under the laws
of New Brunswick or the federal laws of Canada.
Call Processing means the procedure whereby an operator in the City's PSCC
receives a request for the SFD, dispatches the required fire apparatus, if that response
is deemed appropriate in the circumstances, provides enroute and at scene support if
required, and records the caller and the responder information and all status changes.
Computer Aided Dispatch (CAD) means the utilization of a computer system to
determine the appropriate response to an emergency based upon the type of incident
and its location. The Incident Processing component of CAD allows report
numbering and applicable call information to be generated from the system.
Coverage Areas means those areas described in Schedule · A' .
Emergency means a situation where the safety of people or of property is at risk. It is
a situation where special services and assistance are required immediately.
PSCC means the Public Safety Communications Centre as operated by the City.
VHF Radio System means a method for two way radio communications.
1.02 Governin~ Law
This agreement is to be governed by and construed in accordance with the laws ofthe
Province of New Brunswick and the laws of Canada.
ARTICLE II - TERM OF AGREEMENT
2.01 This agreement is effective July 1, 2006, and continues in full force until December
31,2008.
2.02 This agreement may be terminated by either party giving the other written notice of a
minimum of nine (9) months.
ARTICLE III - SERVICES TO BE PROVIDED BY THE CITY
The City, through its Public Safety Communications Centre (PSCC), shall provide the following
communications services within the Coverage Areas: .
3.01 Call Processine
Draft Version 1.0 May 02, 2006
AGREEMENT
RESPECTING COMMUNICA nONS SERVICES
PAGE 3
.1 Process emergency calls for the SFD which are made from within the
Coverage Area and are received through the NB91 I service or from other
Emergency Service Providers.
.2 Provide all enroute and at scene support, as required, such as notification of
appropriate utilities, and appropriate public works organizations.
3.02 Radio
Utilize the radio system established and operated by Simonds Fire Department and
have access to one (l) specific channel. a dispatch channel. Provide for daily testing
ofthe system. Any other demand for service will be on a full cost recovery basis.
3.03 Telephone
Termination in the PSCC of the non-published telephone number for the SFD.
3.04 Logging Recorder Tapes
.1 Record all voice communication on incoming telephone lines and on the SFD
radio dispatch channel, on a logging recorder operated and maintained by the
PSCC.
.2 Provide access to the recordings to the SFD, on an 'as required' basis, and
maintain the logs as the property of the City for a period consistent with the
PSCC's Standard Operating Guidelines.
3.05 Computer Aided Dispatch
Process all calls, using the CAD system, based upon the level of information
contained therein at the time of execution of this agreement.
3.06 Staffmg
Staff the PSCC on a 24-hour basis to a level necessary to ensure the services
provided to the SFD are to mutually agreeable standards.
ARTICLE IV - SERVICES TO BE PROVIDED BY THE PROVINCE
4.01 General
Draft Version 1.0 May 02, 2006
AGREEMENT
RESPECI1NG COMMUNlCATlONS SERVICES
PAGE 4
The Province is responsible for the operation and maintenance of the Simonds
Volunteer Fire Department to a level and standard required by the Fire Marshall's
Office of the Province of New Brunswick.
4.02 Telephone System
The Province and the SFD will be responsible for acquiring and maintaining access
to the telephone system used by the PSCC for SFD fire calls induding all associated
costs, and appropriate publication of numbers.
4.03 Radio
.1 The Province and SFD will maintain the necessary access to the radio system,
including all necessary software and hardware and all associated costs
directly related to the SFD.
.2 The Province and SFD, are responsible for ensuring that the total Coverage
Area is adequately served by the radio system, both with portable and mobile
radios, to ensure efficient radio communications between the PSCC and fire
apparatus and personnel.
ARTICLE V - JOINT RESPONSIBILITIES OF THE PARTIES
5.01 The parties will co-operate in the development, implementation and maintenance of
the necessary adjustments/additions to the CAD system as it relates to the SFD.
5.02 The parties, within twelve months of the execution of this agreement, will develop
and implement appropriate service standards, for those services to be provided by
the PSCC.
5.03 The parties agree that the all written and verbal communications between the
PSCC and the SFD will be in English.
Draft Version 1.0 May 02, 2006
AGREEMENT
RESPECTING COMMUNICATIONS SERVICES
PAGE 5
ARTICLE VI - INDEMNIFICATION
6.01 The City indemnifies and saves harmless the Province and its directors, officers,
employees and agents from and against all actions, causes of actions, proceedings,
claims, demands, losses, costs, damages and expenses, including legal expenses on a
solicitor and his own client basis, whether direct or indirect or consequential, arising
out of or in any way attributable to damage to property of any person, injury to or
death of any person or losses suffered by any persons caused by any intentional or
negligent act or omission, including any negligent misrepresentation, of the City of
Saint John or any of its officers, employees, agents or personnel arising out of the
provision of services by the City as set out in Article 3 hereof.
6.02 The Province indemnifies and saves hannless the City and its directors, officers,
employees and agents from and against all actions, causes of actions, proceedings,
claims, demands, losses, costs, damages and expenses, including legal expenses on a
solicitor and his own client basis, whether direct or indirect or consequential,
arising out of or in any way attributable to damage to property of any person, injury
to or death of any person or losses suffered by any persons caused by any intentional
or negligent act or omission, including any negligent misrepresentation, of the
Province or any of its directors, officers, employees, agents or personnel arising out
of the provision of services by the Province, as set out in Article 4 hereof.
ARTICLE VII - FINANCIAL CONSIDERATIONS
7.01 Base Fees
.l The Province shall pay the City following base fees plus applicable taxes,
payable in quarterly payments. This fee is calculated based upon an
estimated call volume of 40 calls for service per annum.
Period Base Fee
2006 $3500.00
2007 I $7350.00
2008 " $7600.00
.2 For each call in excess of 50, the Province agrees to pay $125.00 per call,
plus applicable taxes. The City will provide the Province with appropriate
documentation to support the charging of such additional fees, if any. The
Province will pay the invoice for such additional fees, if any, within.thirty
days (30) days of receipt.
Draft Version 1.0 May 02,2006
AGREEMENT
RESPECTlNG COMMUNICATIONS SERVICES
PAGE 6
7.02 On or before July 01, 2006, the Province will pay the City $1412.00, representing
the costs incurred by the City in providing the connection to the SFD radio network.
ARTICLE VIII - DISPUTE RESOLUTION MECHANISM
8.01 If, at any time, and during the term or any renewal of the term, any dispute.
difference or question shall arise between the parties concerning any matter arising
out of this agreement, every such question shall be referred to a single agreed upon
arbitrator. or otherwise to three arbitrators who shall act as an arbitration board, one
to be appointed by each of the parties. and a third to be appointed in writing by the
first two selected before entering upon the business of the reference. The award or
determination, which shall be made by the arbitrator(s) or a majority of them, shall be
final and binding upon the parties. their successors and designates. The decision of
the Chairman shall be the award or determination of the arbitration board if there is
no majority.
8.02 If any party refuses or neglects to appoint an arbitrator within fourteen (14) days after the
other party has appointed an arbitrator and has served written notice by prepaid certified mail
upon the first-mentioned party requiring that party to go to arbitration and to make an
appointment of an arbitrator. then the arbitrator first appointed shall. at the request of the party
appointing him, proceed to hear and determine the matter in dispute, difference, or question as if
he were a single arbitrator appointed by both parties in reference.
ARTICLE IX:' DEFAULT AND TERMINATION
9.01 Default will be deemed to have occurred if a party has failed to observe or perform
any tenn. covenant or obligation contained in this agreement and such party has not.
within thirty days of receiving written notice of such default from the other party.
either remedied the default or referred the matter to arbitration as provided herein.
9.02 Upon any default, the party who is not in default may terminate this agreement by
serving a notice of termination on the other party. and the service of such notice shall
not prejudice any existing right, remedy or relief of the party serving the notice.
ARTICLE X - NON WAIVER
t 0.01 The failure on the part of either party to exercise or enforce any right conferred upon
it under this agreement shall not be deemed to be a waiver of any such right or
operate to bar the exercise or enforcement thereof at any time or times thereafter.
Draft Version 1. 0 May 02, 2006
AGREEMENT
RESPECIlNG COMMUNICATJONS SERVICES
PAGE 7
ARTICLE XI - BINDING EFFECT
11.01 This agreement is binding on and endures to the benefit of the Province and its
successors and assigns and to the benefit of the City and its successors and assigns.
ARTICLE XII - NOTICE
12.01 Any notice, request, statement, record, or other conununication required orpennitted
to be given under this agreement is to be in writing, and is to be given by hand
delivery, by registered. mail (return receipt requested), or by facsimile, addressed as
follows:
(a) in the case of the Province
Department of Environment and Local Government
Marysville Place, P.O. Box 6000
Fredericton, N.B. E3B 5Hl
(b) in the case of the City
City of Saint John
Attention: Conunon Clerk
P. O. Box 1971
Saint John, N. B.
E2L 4Ll
12.02 Any notice or communication given by hand delivery is to be deemed to have been
given and received on the date of delivery. Any notice or communication sent by
registered mail is to be deemed to have been given and received five (5) days after
the date of mailing in Canada. Any notice or communication given by facsimile is to
be deemed to have been given on the next business day after such notice or
communication was sent by the notifying party. Either party hereto may change its
address for service including its facsimile number at any time by notice in writing
given as aforesaid to the other party hereto.
Draft Version 1.0 May 02,2006
AGREEMENT
RESPECTING COMMUNICATIONS SERVICES
PAGE 8
ARTICLE XIII - ENTIRE AGREEMENT
13.01 This Agreement and the schedule referred to, constitutes the entire agreement
between the parties with respect to the matters referred to herein and any previous
agreement, warranty or representation of any kind, written or oral, express or
implied, between the parties hereto or on their behalf relating thereto, are hereby
tenninated and cancelled and each of the parties hereby releases and forever
discharges the other of and from all manner of actions, causes of action, claims and
demands whatsoever under or in respect of any such agreement, warranty or
representation.
ARTICLE XIV - TIME
14.01 Time is of the essence of this agreement.
ARTICLE XV - MISCELLANEOUS
15.01 The insertion of headings in this agreement is for convenience of reference only and
shall not affect construction or interpretation of the agreement. In this agreement,
words importing the singular number include the plural and vice versa and words
importing gender include both genders.
IN WITNESS WHEREOF the parties have caused this agreement to be duly executed.
Signed, sealed and delivered on behalf Her Majesty The Queen In The Right Of The Province Of
New Brunswick on the _ day of .2006
Department of Environment and Local Government
Signed, sealed and delivered by the City of Saint John on the _ day of
, 2006
THE CITY OF SAINT JOHN
Mayor
Draft Version 1.0 May 02, 2006
AGREEMENT
RESPECTING COMMUNICATIONS SERVICES
PAGE 9
Common Clerk
Date of Common Council resolution
Draft Version 1.0 May 02,2006
June 16, 2006
y our Worship and Councillors:
SUBJECT: Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
The Planning Advisory Committee considered the attached report at its May 30,
2006 meeting. Common Council has already considered the Committee's
recommendation concerning a rezoning application for a portion of the subject
site (1032 McCavour Drive).
The applicant, Mr. Richard Turner of Hughes Surveys and Consultants Inc.,
appeared before the Committee in support of the application and staff
recommendation. Mr. Turner did request that the recommendation be changed in
order to allow for the public street vesting along Manawagonish Road and
Manchester Avenue in order to remove existing sidewalk encroachments. There
were no other presentations were made at the meeting concerning this matter, but
there were several letters received from property owners (see attachments).
After considering the matter the Committee resolved to adopt the staff
recommendation, which is set-out below for your convenience. The Committee
also approved the proposed private street access and requested variances with the
recommended conditions.
RECOMMENDATION:
1. That Common Council assent to one or more subdivision plans, in one or
more phases, for the proposed Manchester Estates Subdivision, as
generally illustrated by the submitted site and elevation plans, including
any necessary public street vesting in order to remove sidewalk
encroachments, as well as to the vesting of any required municipal
services or public utility easements.
2. That Common Council authorize the preparation and execution of one or
more subdivision agreements in order to ensure provision of the required
work and facilities, including detailed drainage and site plans for the
approval of the Chief City Engineer.
Planning Advisory Committee
June 16,2006
Page 2
3. That Common Council authorize the preparation and execution of an
agreement pursuant to Section 101 of the Community Planning Act
between the City and the landowner that would:
(a) Prohibit the constmction of any individual driveway abutting a
public street, provided such restriction does not prevent the
constmction of the proposed private street "Felix May Court" from
abutting McCavour Drive;
(b) That the above-mentioned prohibition also be included in the
restrictive covenants for each townhouse lot, as well as clearly
indicated on all final subdivision plans for this proposed
development; and
(c) That the Development Officer refuse to endorse any final
subdivision plan for the creation of townhouse lots until this
Agreement is registered in the Saint John Registry Office.
4. That Common Council authorize cost sharing outside the limits of the
proposed subdivision in accordance with Section 26 of the Subdivision
By-law.
Respectfully submitted,
Stephen Horgan
Vice-Chairman
MRO
Attachments
Project No. 06-164
DATE:
TO:
FROM:
FOR:
SUBJECT:
Name of Applicant:
Name of Owner:
Location:
PID:
Municipal Plan:
Zoning:
Proposal:
Type of Application:
MAY 26, 2006
PLANNING ADVISORY COMMITTEE
PLANNING AND DEVELOPMENT
MEETING OF MAY 30, 2006
Mark O'Hearn
Planning Officer
Hughes Surveys and Consultants Inc.
W & S Holdings Ltd.
1040 Manawagonish Road & 1032 McCavour Drive
55019640,55019632,00401109 and 55018048
Neighbourhood Commercial Centre
Existing:
"B-2" General Business and "R-IA" One
Family Residential
Proposed:
"B-2" General Business
To redevelop a commercial property into a townhouse
development.
Rezoning, Subdivision and Variances that would:
(a) Allow for the creation of double-frontage lots; and
Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
Page 2
May 26, 2006
(b) Allow for the constmction of a dead-end private
street.
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, June 5, 2006.
The Act also authorizes the Committee to give its views to Common Council concerning
subdivision developments, including the assent of public streets (or portions thereof), municipal
services and public utility easements. It also authorizes the PAC to grant reasonable variances
from the requirements of the Subdivision By-law. Conditions can be imposed by the Committee.
Finally, the Subdivision By-law authorizes the Committee to approve accesses other than public
streets when advisable for the development of land.
STAFF RECOMMENDATION TO COMMITTEE:
1. That Common Council rezone a parcel ofland located at 1032 McCavour Drive, having
an area of approximately 827 square metres, also identified as being PID No. 55018048,
from "R-IA" One Family Residential to "TH" Townhouse.
2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the
proposed development of the parcel ofland located at 1032 McCavour Drive, having an
area of approximately 827 square metres, also identified as being PID No. 55018048, be
limited as follows:
(a) The property must be developed in conjunction with a townhouse project
proposed at 1040 Manawagonish Road; or
(b) Should the proposed townhouse project not proceed, that the property at 1032
McCavour Drive be limited to the development of a one-family detached dwelling.
3. That Common Council assent to one or more subdivision plans, in one or more phases, for
the proposed Manchester Estates Subdivision, as generally illustrated by the submitted site
and elevation plans, including any necessary public street vesting along McCavour Drive
to remove sidewalk encroachments, as well as to the vesting of any required municipal
services or public utility easements.
Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
Page 3
May 26, 2006
4. That Common Council authorize the preparation and execution of one or more
subdivision agreements in order to ensure provision of the required work and facilities,
including detailed drainage and site plans for the approval of the Chief City Engineer.
5. That Common Council authorize the preparation and execution of an agreement pursuant
to Section 101 of the Community Planning Act between the City and the landowner that
would:
(a) Prohibit the constmction of any individual driveway abutting a public street,
provided such restriction does not prevent the construction of the proposed private
street "Felix May Court" from abutting McCavour Drive;
(b) That the above-mentioned prohibition also be included in the restrictive covenants
for each townhouse lot, as well as clearly indicated on all final subdivision plans for
this proposed development; and
(c) That the Development Officer refuse to endorse any final subdivision plan for the
creation of townhouse lots until this Agreement is registered in the Saint John
Registry Office.
6. That Common Council authorize cost sharing outside the limits of the proposed
subdivision in accordance with Section 26 of the Subdivision By-law.
7. That the Planning Advisory Committee approve the proposed private street, with a
circular turnabout and name of "Felix May Court," on the following conditions:
(a) The proposed private access be constructed with a proper granular base with a
minimum asphalt width of 7.5 metres, concrete curbing on both sides, and any
necessary catch basins, all to the specifications of the Chief City Engineer, but that
no sidewalks be necessary;
(b) Public utilities be provided via an underground conduit system and not overhead
from any existing pole, and that proper street lighting be installed along the private
access; and
( c) The final subdivision plan, and individual deeds for all the proposed townhouse
lots contained in this development, clearly indicate that the proposed vehicular
access is private and will not be maintained by the City of Saint John.
8. That the Planning Advisory Committee grant variances from the requirements of the
Subdivision By-law that would allow the proposed townhouse lots to abut both the
proposed private street and existing public streets, and the condition that no private
driveway be constmcted onto a public street.
Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
Page 4
May 26, 2006
BACKGROUND:
The Planning Advisory Committee favourably considered four (4) separate temporary use
applications by Irving Oil Limited between March 1991 to January 1996. All these applications
involved the following light industrial uses:
(a) Storage of materials such as shelving, counters, and hardware supplies;
(b) Short-term storage and handling of gasoline dispensers; and
( c) A workshop for the assembling of gasoline bar kiosks, metal shelving, and general
carpentry work to counters and shelves used in the company's gasoline sales operations.
When the PAC considered the original application in March 1991, the Committee imposed the
condition that no outdoor activities in conjunction with the requested uses occur on the site (other
than the parking of employee vehicles). The Committee also imposed the condition that the
building be repaired and repainted, and that landscaping be provided to a minimum depth of 2
metres (6.6 feet) along the street frontages.
According to an October 20, 1992 staff report, the previous landowner (Irving Oil Limited) had
undeliaken considerable work in addressing the concerns raised by area residents back in March
1991. For instance, the entire building area facing the street intersection was rebuilt in order to
create a more attractive fa<;ade. Also, the building was refaced rather than simply repainted in
order to create a longer-lasting and more attractive finish.
However, at that time (October 1992) the company was still in the process of completing the
landscaping requirements, which have since been fully established. There was also noted a
problem with taxis using the empty lot for temporary parking. This issue apparently was also
resolved during this time.
The following conditions were imposed by the Committee at its October 20, 1992 meeting:
(a) There be no outdoor storage or activities in conjunction with the uses other than the
parking of employee vehicles;
(b) Landscaping shall be completed to a depth of2 metres (6.5 feet) adjacent to the street line
to the satisfaction of the Development Officer no later than November 15, 1992;
(c) Hours of operation on the property shall be limited to the hours of8:00 a.111. to 8:00 p.m.
Monday through Saturday each week; and
Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
Page 5
May 26, 2006
(d) A non-illuminated facia sign not to exceed 1.1 square metres (12 square feet) in area be
posted on the building facing Manawagonish Road identifying Irving Oil Limited as the
owner.
At the January 11, 1994 and January 9, 1996 PAC meetings, the Committee resolved to provide
additional temporary use approvals with the same conditions as mentioned above (except the
landscaping condition was not included since it had already been completed by this time).
More recently the present landowner, W & S Holdings Ltd., received a further temporary use
approval to continue storage of materials such as shelving, cabinets, hardware, doors & windows,
and building supplies. In addition a workshop to undertake general carpentry work was
permitted. The Committee imposed the following conditions:
(a) There shall be no outdoor storage or activities in conjunction with the requested uses
other than the parking of employee vehicles; and
(b) Hours of work operation on the property shall be limited to 8:00 a.m. until 8:00 p.m.
Mondays to Saturdays inclusive.
INPUT FROM OTHER SOURCES:
Municipal Operations and Engineering has no objection to the proposed townhouse
development with a private street. Details with regards to servicing can be discussed with the
Developer when engineering plans are prepared for the project. Individual driveways should not
be permitted into the intersection ofManm1!agonish Road and Manchester Avenue.
Building and Technical Services has no concerns with regards to this application.
Saint John Energy has advised that public utilities are available to service this townhouse
development. Details and costs in providing underground services can be discussed with the
Developer when servicing plans are prepared.
Aliant Telecom has facilities in the area to service the development.
Rogers has been advised of this matter.
Maritimes & Northeast Pipeline has no concerns with this proposal.
Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
Page 6
May 26, 2006
Fire Department has no objection to this townhouse project, provided the proposed private
street is at least 6 metres (20 feet) in width and capable to withstand the weight offirefighting
apparatus. If the access is constmcted to a length over 90 metres (295 feet) it would require a
turnaround.
Saint John Police Force, Saint John Transit and the School Board have been advised of this
new residential development.
ANALYSIS:
Subject Property and Nei2hbourhood
The subject property is situated at the intersections of Manawagonish Road, Manchester Avenue
and McCavour Drive at Purdy's Corner in West Saint John (see attached location map). The site
is comprised of four (4) parcels ofland having a total area of6070 square metres (65,339 square
feet or 1.5 acres). A large building, which has been used for a number of commercial uses over
the years, is situated on three of these parcels ofland. Most of the site between the building and
Manawagonish Road and Manchester Avenue is paved. The area between the building and
McCavour Drive and adjoining residential properties is enclosed with chain-link fencing. Within a
significant portion of this area a lawn has been maintained on the property (1032 McCavour
Drive).
The neighbourhood is comprised of a number of different land uses. Across the street on the
south side of Manawagonish Road are several commercial businesses (i.e., convenience store,
used car dealership, and hair salon). A small townhouse development is situated to the west with
a municipal fire station directly behind that property. Across the street on the north side of
McCavour Drive is an apartment building complex. To the north/northeast and east is primarily
one-family dwellings with some two-family homes.
Development Proposal
The landowner, W & S Holdings Ltd., is seeking permission to carryout a townhouse
development on the subject property. The project would consist of three buildings with a total of
15 townhouse units abutting a private street (Felix May Court). The remainder of the site would
be landscaped. The applicant has recently submitted elevation plans of the proposed buildings,
which were used for another townhouse project undertaken by the landowner at the intersection
of Manawagonish Road and Hillcrest Drive.
Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
Page 7
May 26, 2006
Municipal Development Plan and Rezonin2 ReQuest
The majority of the property is comprised of three parcels ofland situated in the "B-2" General
Business zone. The proposed townhouse development is permitted in this pOliion of the
property, and it is the Developer's intention to proceed with Phase 1 immediately upon receiving
tentative subdivision approval.
However, in order to include Building Block "C" (Units 5-6) along McCavour Drive, the
proponent must seek permission to rezone this portion of the property (1032 McCavour Drive)
from "R-IA" One Family Residential to "TH" Townhouse in order to undertake Phase 2 of the
project.
The Municipal Development Plan has designated the Purdy's Corner area as a Neighbourhood
Centre. This designation is in recognition of the commercial activities that have existed over the
years at this busy intersection. Notwithstanding, given the diminishing commercial role of Purdy's
Corner today, especially in light of the townhouse development that occurred across the street,
and now this present proposal, this designation may eventually become unwarranted. In any
event, this designation does not discourage the consideration of the proposed townhouse
development.
With respect to the requested rezoning for the parcel of land on McCavour Drive, as mentioned
already in this report, this portion of the site has for many years been enclosed by chain-link
fencing and used in conjunction with the rest of the commercial property. It was allowed to
remain zoned residential since it was developed only as a lawn. The inclusion of this residential
area for the proposed townhouse development can be recommended. As requested by the
applicant, should the townhouse development not proceed as anticipated, a Section 39 condition
has been recommended that would restrict the use of the property to the constmction of a one-
family dwelling.
It should be mentioned that the paved driveway for the adjoining property at 1024 McCavour
Drive (PID No. 00403303) encroaches on a portion of the subject property. The consultant
believes that this encroachment will not interfere with the proposed development (Building Block
"C"), and that the landowner will discuss the matter with the adjacent property owner (Kenneth
Joyce) with the intention of providing a right-of-way to allow the long-existing driveway to
remain at its present location.
Also, it should be noted that while the existing "B-2" General Business zoning permits
townhouse projects, it is the intention of the City to amend the Zoning By-law, and rezone
existing townhouse projects situated in "B-2" zones, so that future townhouse developments only
occur on properties specifically zoned "TH" Townhouse.
Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
Page 8
May 26, 2006
Committee Approvals
The following approvals and variances are also necessary for this proposal:
. Committee approval of the proposed dead-end private access; and
. Variance approval to allow double-frontage lots.
The proposed private street, with the suggested name of "Felix May Court," would be developed
in a similar manner as many other private accesses in cluster townhouse developments. These
standards have been included in the recommendation, and would require an asphalt surface,
concrete curbing, street lighting, full municipal services (including storm drainage with catch
basins), and underground public utilities. Typically sidewalks are not included.
While the street would be private, and not maintained by the City, it would function better with a
turnaround then the proposed dead-end terminuses as illustrated on the submitted plan. This
matter has been discussed with the consultant, and agreement has been reached that the plan will
be amended to provide for a turnaround as recommended.
Related to the approval of the private street is the issue of prohibiting future private driveways,
especially towards the busy intersection of Manawagonish Road and Manchester Avenue. To
Developer has proposed to prohibit such driveways from being constmcted to any public street,
and has requested that a Section 101 Agreement relating to this matter be recommended. This
restriction will also appear on subdivision plans and in the restrictive covenants of each
townhouse lot.
The creation of the proposed lots will result in them abutting both an existing public street and the
proposed new private access. The Subdivision By-law prohibits the creation of new lots having
frontage onto two or more streets. However, as mentioned, all these lots will be restricted to only
one vehicular access. Therefore, it is recommended that this variance(s) be granted. While
tmstee land could encompass these proposed lots, it is the intention to develop individual
walkways to the public street for each townhouse unit.
It should be noted that the proposed property line between Block "A" and Block "B" will need to
be slightly adjusted in order to satisfy the minimum 3-metre (10-foot) side yard requirement. The
consultant will amend the subdivision plan in order to resolve this matter.
Subdivision and Servicin2
The proposed townhouse development is similar to many other recently approved projects. The
adjoining public streets are already developed, and both municipal services and public utilities are
Manchester Estates Subdivision
1040 Manawagonish Road & 1032 McCavour Drive
Page 9
May 26, 2006
available to be extended to the property. Details relating to servicing extensions will need to be
discussed further when plans are prepared by the consultant.
The recommendation includes all the necessary assents and approvals for this project. Provision
has also been made in the recommendation for the possible street vesting along McCavour Drive
where existing public sidewalks appear to encroach partially onto the subject property.
Authorization has also be provided for any cost sharing of extension of mains with regards to
municipal services.
CONCLUSION:
The applicant is seeking to undertake a townhouse project on the subject property. One of the
parcels involved has remained zoned residential, though used for years as part of the long-existing
commercial property. It would need to be rezoned in order to be included in the proposed
development.
The requested rezoning and necessary variances can be recommended with the suggested
conditions (Section 39 and Section 101 Agreement). All the necessary approvals and assents
have been included for this townhouse project.
MRO
Project No, 06-164
PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT
RM-l
1- 3
Subject Sitelsite en question:
-
PID(s)/NIP(s):
55019640
55019632
00401109
55018048
Location: 1040, ch. Manawagonish Rd. and/et
1 032t prom. McCavour Dr.
Date: May/mai 15, 2006
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Michael Sauerteig, M.Eng., P.Eng.
975 Manawagonish Road,
Saint John, New Brunswick
E2M 3X2
(H) 506-674-9190
e-mail: sauert@nb.sympatico.ca
City of Saint John
Planning and Development
P,O. Box 1971
Saint John, NB
E2L 4L 1
Attn: Mr. Mark O'Hearn
Planning Officer
Re: Proposed Townhouse Development (Manchester Estates)
Subdivision, Rezoning and Variance Application
1040 Manawagonlsh Road & 1032 McCavour Drive
Dear Sir;
In response to your letter dated May 16, 2006 regarding the intended re-development of the
subject property into a Townhouse development. Please be advised that we have no objections to this
proposal.
We remain
Yours truly,
Wl~
Mike Sauerteig ~
)3,
~
,
Le 16 mai 2006
6;;8 ;;La~'
. Box/C.P. 1971
aint John, NBIN.-B.
Canada ~21. 4Lt
www.salntjohn.ca
The Clt)' or Saint Jolin
Madame, Monsieur,
f"'; yt...O f1..~ .E ~ t V'r b-J ~ v V'") Cl u ~ tfc:. ~
/0 '-/tJ HoL..'~/hI S U.l-1 ..
Objet : "ProJet dtam~Qageme'nt de maisons e'n'.rang~e $itu~es daDs 1~ lotissement Manchester
Estates, demande de modification du rezonage et derogation 1040,
chemin Matu\w.agonlsh et 1032, promenade McCavour
Le conseil communal a transmis la demande susmentiolUlee au Comite consultatif d\trbanisme
aux fins de la prcll~nlaliun u' un rappurl tl tit: rer.;uuuIHmualiuru;.
Le proprietairet W & S HoldiI'l.gs Ltd., cherche a obtenir l'autori$ation dfamenager un lotissement
de maisons en rangee SLlr ladite proprh~te, Le projet serait forme de trois immeubles de maisons
en rangee .comprenant quinze unites d'habitation bordant une rue privee (cour Felix May). Le
reste du site serait amenage et detenu par une association de fiducaires composee de parties
il1teressees representant Ie projet de lotissement. Le demandeur n'a pas encore presente de plans
d'eMvation pour les immeubles proposes. On prevoit que ces plans seront transmis la semaine
prochaine avant la preparation du rapport.
La majeure partie de la propn6te compreIid trois parcelles de terrain situees dans la zone
cl,IlUulen.:hdt g.~utndt; (( 8"2 tt, Le lotis.s,;:ullml Ul; lIlai::iUn~ t:n niI1g~lj proposl5 est pennis dans
Iadite partie de la propriete et Ie promoteur a l'intention d'entreprendce la phase I immediatement
aprcs: avoir re)'u !'approbation pout" un lotissement provisoire.
Cependantt dans Ie but d'inclurere- groupe de cOnStrociio'n<< C >) (u.rrli6~ S et-6);~ bordure de la"
promenade McCavouft le promoteur doit obtenir l'autorisation de modifier Ie zonage de la
propriete en question (1032, promenade McCavour) pour la faire passer de zone residentieUe-
habitations unlfamtunles (( R-IA )) a zone de maisons en ran gee (( TH )) afln de pOUVoir
entreprendre la phase 2 du projet (comme il est indique).
Le promoteur doh egalement obtenir les autorisations et derogations suivantes pour son projet en
rIm: ele 1a rlem~nele cte re70Mee mentinnnil€l :
· l'approbation du comite Quant a' un acces prlve donnant $;ur un cul-de-sac, et
· l'autorisation de derogation pour pennettre l'amenagement de terrains transversaux.
7Cl J Tel ':/ClI-:I.../
...."'T "':/U'VlnWnrr "ft"I':Jt"':l~
~n..,.".. ___ ___
-2-
Le comit6 desire connaitre Ie point de vue des proprietaires de terrains avoisinants qui pourraient
~tre touches par cette proposition. Si vous desirez exprlmer votre opinion, quicHe soit en faveur
ou en dCfaveur de la proposition, VOU5 pouvoz 10 fairo on trtLItsmotto.nt vos conunento.ires pllr 6crit
ou en assistant a la reunion du Comite consultatif dfurbanisme Ie mardi 30 mai 2006 a. 18 h, dans
In salle nil consell, au nlvP'Qu du hall d'entrl.e, a l'h6tel de tlllle. Les lettres sign~es doivent etre
envoyees a l'attention du Comite consultatif d1urbanisme, The City of Saint John, C.P. 1971,
Saint JOM (N.-B.) E2L 4Ll, qui les accepterajusqu'au lundi prccedant la rewUon. Toutes les
lettres re~ues seront mises a la disposition du demandeur, du comite et de toute personne
concern6e par la demande. '
La recommandation du comite sera etudi6e au cours d'une audience publique que tiendra Ie
oonseil communnlle lund; 5 juin 2006 a 19 h dans la salls du conseil. Vous pourrez faire
d'autres commentaires pendant l'audience; cependant. toutes les lettres qu'aura reyues Ie comite
seront transmises au consei1. " .
Si vous avez des questions ou desirez obtenir une capie du rapport (disponible entre 16 h et
16 h 30 Ie v~ndr~d; 26 mal 2006 ou entre 8 h 30 et 16 h 30 pendant les jours ouvrables par la
suite), veuillez communiquer avec le soussigne au 1 (506) 649-6075.
Veuillez agreer, Madame, Monsieur, ttexpression de nos salutations distinguees.
~O?~
Mark OHearn
Agent d'urbanisme
P.j.
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1
~LOntario Region
2025 SheppardA~t
Suite 3201
North York ON M2J 1W4 .
(416) 491-0330
Cent e de l'Ontario
2025 av Sheppard est
Sure u 3201
Nor! York ON M2J lW4
(416 491.Q330
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Active Transportation Saint John
June 14, 2006
Mayor Norm McFarland and Members of Common Council
Your Worship and Councillors:
Active Transportation Saint John (A TSJ) would like to make a presentation to Council at
your earliest convenience.
ATSJ, a community based group supporting active and alternative modes of
transportation, sees the proposed natural gas pipeline as an opportunity to take
significant steps in developing the recreational and commuter trail system of Saint
John.
The plan for the Sentier NB Trail system in Saint John was developed for the City
several years ago by Basic Design Associates (BOA )and endorsed by Common
Council. Work was done on this trail route within Rockwood Park and along the old rail
bed on the south edge of the Spruce Lake watershed. More recently as part of
waterfront development, the first phases of Harbour Passage have added a loop trail off
of the main Sentier NB route and added many benefits to our City. One of the activities
of our group is mapping suggested cycling routes for both recreation and commuting.
Much still remains to be done to have a significant city-wide trail system that compares
to other centres. In recent years, Fredericton has expanded their trail system and is an
example of what can be accomplished.
We would like to see some significant additional portions of our trail system developed
in the near future. A major portion of the alignment of the pipeline proposal by Emera
Brunswick Pipeline offers a special opportunity for a meaningful step toward building
our trails network and take full advantage of Saint John's space and natural beauty.
We recognize that Council has recently indicated support for a marine pipeline route.
However if a land alternative is what is approved, some alignments of the pipeline route
may offer particular benefits to Saint John and a city-wide trail system. The attached
draft presentation indicates the general concept and proposes some steps that might
be taken to pursue this effort.
~ncer.eIY' #-...'
. 1//J
rl/1
James McMillin
for ATSJ
Bike. Run. Walk. to Work. Play. Relax.
The Saint John Trail
"a Brunswick Pipeline Opportunity"
. However, there are many trails in the Park now
and an additional or improved tr~il under the
powerline doesn't really add much - it does little
more tor Saint John
. and raises the question: who wants to walk under
a oowerline??
. The application states that the routes north and
south around the park are considered feasible,
although involving more properties and a greater
length.
. The alternate route for the pipeline north of the park
encircling Ashburn Lake and the University offers a
unique opportun ity to create an "around Saint John
trail",
. The "around Saint John trail" should probably be built
to Sentier NB Trail standards suitable for walking.
jogging and mountain biking in spring, summer, fall
and cross-country skiing and snowshoeing in the
winteL
. The Recreation Comminee recommended such trails as
an important major component ofthcir report,
. The popularity of Harbour Passage & Irving Nature
Park demonstrate that citizens are enthusiastic about
trails.
Situation
. As you are aware, there is opposi tion to the route
proposed by the Brunswick Pipeline through
Rockwood Park.
. However, their National Energy Board application
sets out some good argumerllS for a marine route
not to be considered.
. Some want to see the City (or the Horticultural
Association) get some compensation for
"allowing" the route through the park, and a trail
or improved trail has already been one of the items
proposed.
. The Brunswick
Pipeline's preferred
route is through
Rockwood Park
along the powerline
(blue/( & yef{v If' Um:)
. Because this route
is a concern to
many, the Pipeline
company has
submitted alternate
routes north and
south of the park
(b/IIE Iine5) -+
We propose that the
"outside" route north of
the Park be supported
. & propose that the
Pipeline company build
a trail (...d line) along that
com dor & contribute to
its maintenance
. th is is similar to the
idea of a trail through
the Park, but results in
something much more
substantial and valuable
to Saint John
Benefits to Saint John
Quality of Life, quote from ESJ
website
. new asset for 5J, a "value added" alternative
. Consider that of Fredericton which has a
great trail system
. unlike with the first NO line, do this so that
another pipeline could be accommodated in
the future (ifnecessary), but do it with all
environmental safeguards, as it is in our
overall watershed and airshed
. This should be part of the Remediation
"' Bm m.ot'ft oo?'i.ncoo ~'Nv? ~A!~
iIIal 0.. r"'ntr""'~!Y S.!Im: JJM '3
00 -9 wen.~i1ntd misw{l W
aci\;elr"9 ~stw;! i!ffi flDrf- (itfrl1g
'lit'!: groM1i", jl!O'MIl thaI II ~.:
:'miasurab/e, Jl.l!teJrraah! ~nd !'Mti'
o-r 1M' Jfu"tu Of !tis CD~(,.i~r .
~~"'''.'l;
Chilli, &dt!;:r'lr0 s.-~'}( J<k.
Lifestyle choices
. Promote Active Living
as an acceptable and
convenient option,
thereby in creasing
physical activity in a
Province where 2 1%
of citizens are obese
Opportunity
. Promote health wd
environmental benefits
. Make Saint John a
desirable place to bike
and walkfor residents
to gel healthier and
mOn! fit in the
process. "
. Saint John has an
opportunity to "take a
step" in that directi on
~'l~ttnf3ttlt". 1.:l1;.5DJ9
Issues
. Outside route north of Park is longer (but
avoids Rockwood and is value added)
. maintenance cost of trail (City is wary of
good projects because of this worry)
. make maintenance part of this deal
. Pipeline builds the traili $1 .3-t? mil taxes per
year + $3 mil+? Up-front for building permit
fees (laxe.I' &fees will be grealer for a longer rollle)
. This means the City can afford to do this
correctly and create a legacy and asset for the
future
In their own words
. Pipeline company included photos in their
slide presentation of open space use over
pipelines
Il
2
Sentier NB Trail to Mispec
. The pipeline route outside Rockwood Park also links
Mispec to the Park, which happens to be similar to the
overall Sentier NB Trail route previously endorsed by
the City.
This is an opportunity to have that section of the
Sentier NB Trail constructed as welL
. From there the future Sentier NB Trail was to link
Mispec along the coast to the Fundy Parkway to the
east.
I)
. Users could watk or bike all of the proposed trail
system, even go down to Mispec; or they can do a
small section close to home.
. The trail links existing & future residential areas.
. This I inear recreational corridor will add a
significant dimension to Saint John's quality of
life for residents.
. If the community wants to promote it, it could
help put Saint John on the map as a trails
destination in the region.
. As a result, it could be good for other businesses
as we 11, bringing more daytirne visitors and their
spin off business.
"
City-wide bike routes
.,1''''~.,,::~~~-~
, .
.... ~
Proposed Sentier NB Trail System in Saint John
Connections & linkal!es
bus connections
small parking lots to
facilitate use (similar
to lot near zoo)
fonus part of the
City's effort re
Partners for Climate
Protection (PCP)
bike lane connections
a element of
"sustainable
infrastructure"
link to Drury Cove
Integration with transit
The u,e or Bike rack
equipped traTl.'lit Can
ma ke this trail system
avail. hIe to those
residents who don'1li-ort"
adjacent the park.
3
Nature & Construction of the Trail
. Suggest Sentier
NB Trail standard
for multi-use
. Paving as much of
the trail as
possible will make
it accessible and
reduce annual
maintenance
"
.-.
;~~~.
Fretricton t~il, system
""~S
Io
.. - '\
J J..~:-~'.'~.
\
,-
lot"""' ....
~ .... .., ~
'_OJ'''' LoLL>-
i- r..."", IU"
'__ .n.
,- .....
,_,.r~
,"."""...- .....
,-.-,... """
'__"'L
'[;1
Irl ~
III
The
Saint John
Trail
II
. As you know, Saint
John is decades behind
(Fredericton fOf
example), in trail
development,
. although trails are now
being recognized as
being important to the
quality oflife of the
area.
. This in turn is
feCD gnized as essential
to the growth and
success of a community,
. So far Saint John has
cfeated an impressive
(but very sho/'t)
Harbour Passage
r-. -_.~
[--,:~.--~,
"
Quote
"A/though this is not their preferred route,
/ think it will go a long way to keeping this
and future developments from furiher
encroaching on the parle. It will also add to
a much needed trail system for the city. It
may be the ~win.win~ that the pariies are
looking for that will keep the pipeline out
of the park and keep it off the ocean floor
that is deemed, by the builders, to be too
expensive and more dangerous."
JM
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1oid.rid~'"'~,I""K1I1io-n",r''''''
4
10 Eydie Drive,
Rothesay, N.B.,
2nd. June, 2006.
City Hall
Saint John, N.B.
Yr. Worship Mayor Norman McFarlane
And Members of Council,
It has come to my attention that the Pedway between Brunswick Square and The City
Market does not have an official name. I would like to recommend that it be called THE
ALBERT VINCENT PEDW A Y in honour of the man who had the original idea to build
the tunnel.
In the early 1980's City Council realized that the Market and Brunswick Square Retail
Businesses would benefit, if these buildings were physically connected. Many
suggestions were put forward but it was Albert Vincent who proposed the underground
tunnel. Some of the councilors and city engineers expressed concerns that ranged from
fear of holdups and muggings to broken water mains and electric wires.
Albert stuck to his guns and for many months spoke up in favour of the Pedway. In time,
the Council and Works Department were won over and the Tunnel was built It has
proven to be a great success and I hope that you will consider giving Albert Vincent the
credit he deserves for having the Vision and Determination to have the Pedway
constructed.
yourssincer,.eIY, -ill ~"
tel ~~ f}> / L---.r ~
C.--------:
Edis A. FIe ling
31 Lackie Road,
Saint John, N.B.,
E2N lX6
june 12, 2006
Mayor Norm McFarlane and Members of Common Council
PO. Box ]971,
Saint John, N.B.,
E2L 4Ll
Dear Mayor Norm McFarlane and Members o/Common Council,
On March 21 stl 2006, 1 had written a letter to you on behalf of the
Latimore Lake and Area Community Association Inc, requesting
assistance from the City of Saint John Landfor Public Purpose Fund
for the amount of five thousand dollars, towards the development of a
playground at the Latimore Lake Community Center, and on going
maintenance and safety services from its Leisure Service Department
for this playground.
1 received a response from your Assistant Common Clerk Elizabeth
Gormley advising me to call her for a date to appear before you with
this presentation, and in doing so, I was given the date June 19th 106.
Due to the time frame, my committee does not feel a presentation is
required, but we are still requesting the same assistance mentioned
above without a public presentation.
Thank-youfor taking the time into this matter.
[;;;'~~
Odette McGrath
Chairperson
Latimore Lake and Area Community Association
.....................