2011-02-14_Agenda Packet--Dossier de l'ordre du jourCity of Saint John
Common Council Meeting
Monday, February 14, 2011
Committee of the Whole
1. Call to Order
4:30 p.m. 8th Floor Boardroom City Hall
1.1(a,b,c) Approval of Minutes 10.2(4)
1.2 Land Matter 10.2(4)(c,d)
1.3 Land Matter 10.2(4)(d)
1.4 Labour Matter 10.2(4)0)
1.5 Personal Information 10.2(4)(b)
1.6 Potential Litigation 10.2(4)(f,g)
1.7 Potential Litigation 10.2(4)(f,g)
1.8 Land Matter 10.2(4)(d)
1.9 Legal Opinion 10.2(4)(f,g)
Regular Meeting
1. Call to Order — Prayer
6:30 p.m. Council Chamber
2. Approval of Minutes
2.1 Minutes of January 17th, 2011
2.2 Minutes of January 24, 2011
3. Adoption of Agenda
4. Disclosures of Conflict of Interest
5. Consent Agenda
5.1 Assent of a Public Utility Easement 3795 Loch Lomond Road
(Recommendation in Report)
5.2 Crime Stoppers: Donation Request (Recommendation: Request be Denied)
5.3 Melanson Letter: Winter Parking Ban (Recommendation: Receive for
Information)
5.4 Learn and Go Request to Present (Recommendation: Clerk to Schedule)
5.5 Assent of a Public Utility Easement 20 -30 Pokiok Road (Project File: 7
Pokiok Road) (Recommendation in Report)
6. Members Comments
7. Proclamation
7.1 YMCA Strong Kids Month - February 15 - March 15, 2011
9
7.2 Freedom to Read Week February 20 - 26, 2011
8. Delegations/ Presentations
9. Public Hearings
7:00 p.m.
9.1 Proposed Business Improvement Levy By -Law Amendment
9.2 Stop Up and Close - Portion of Main Street
10. Consideration of By -laws
10.1 Third Reading - Traffic By -Law Amendment Duke Street West
10.2 Third Reading - Traffic By -Law Amendment Speed Limit on Portion of
Loch Lomond Rd
10.3a) 3rd Reading Winter Overnight Parking Ban (Deputy Mayor Chase)
10.3b) Southern Lancaster Street Area of Lower West (Councillor Norton)
10.3c) Third Reading - Traffic By -Law Amendment Winter On- Street Parking
Restrictions
11. Submissions by Council Members
11.1 Economic Development Task Force - Name Submission (Councillor
Higgins)
11.2 Rockwood Park Boundary (Councillor Sullivan)
11.3 Rockwood Park (Councillor Norton)
11.4 Town Hall Meetings (West) Follow -Up and Action Steps - Properties
(Councillor McGuire)
11.5 Provincial Assistance on Vacant / Derelict Buildings (Councillor McGuire)
12. Business Matters — Municipal Officers
12.0 City Manager: Dangerous and Unsightly Conditions at 32 Midwood Avenue
12.1) 32 Midwood Avenue
(a) Independant Engineer's Report
(b) R. McGrath: Presentation
(c) R. McGrath: Letter to Buildings and Inspection Dept
(d) R. McGrath: Photographs of Property
12.2 City Manager: Update on Saint John Harbour Clean -Up
12.3 City Manager: Saint John Water - 2010 Annual Wastewater Report
12.4 City Manager: Outdoor Plaza for Harbourfront Residences at Three Sisters
Development, Water Street
13. Committee Reports
13.1 Saint John Energy: Power Rate for Food Banks
13.2 Saint John Board of Police Commissioners: Collective Agreement
13.3 Enterprise Saint John: Activity Update
14. Consideration of Issues Separated from Consent Agenda
15. General Correspondence
15.1 SPRNG Letter: Rockwood Park Boundaries Along Sandy Point Rd
15.2 Friends of Rockwood Park Letter: Rockwood Park
16. Adjournment
5
City of Saint John
Seance du conseil communal
Lundi 14 fevrier 2011
Comite plenier
1.Ouverture de la seance
16 h 30 — Salle de conference, 8e etage, hotel de ville
1.1a,b,c) Approbation du proc&s- verbal — paragraphe 10.2(4)
1.2 Question relative aux biens -fonds — alineas 10.2(4)c), d)
1.3 Question relative aux biens -fonds — alinea 10.2(4)d)
1.4 Question relative au personnel — alinea 10.2(4)j)
1.5 Renseignements personnels — alinea 10.2(4)b)
1.6 Litiges possibles — alineas 10.2(4)f), g)
1.7 Litiges possibles — alineas 10.2(4)f), g)
1.8 Question relative aux biens -fonds — alinea 10.2(4)d)
1.9 Avis juridique — alineas 10.2(4)f), g)
Seance ordinaire
1.Ouverture de la seance, suivie de la priere
18 h 30 — Salle du conseil
2. Approbation du proces- verbal
2.1 Proces- verbal de la s6ance tenue le 17 janvier 2011
2.2 Proces- verbal de la s6ance tenue le 24 janvier 2011
3. Adoption de 1'ordre du jour
4. Divulgations de conflits d'interets
5. Questions soumises a Papprobation du conseil
5.1 Approbation de la servitude de service public visant le 3795, chemin Loch
Lomond (recommandation figurant au rapport)
5.2 Demande de dons d'Achec au crime (recommandation : rejet de la demande)
5.3 Lettre de M. Melanson concemant 1'interdiction de stationnement en hiver
(recommandation : accepter d titre informatif)
5.4 Demande soumise par Learn and Go en vue de faire une presentation devant le
conseil (recommandation : transmettre au greffier pour qu'une date de
presentation soit fixee)
5.5 Approbation de la servitude de service public visant les numeros 20 d 30,
chemin Pokiok (dossier de projet : 7, chemin Pokiok) (recommandation figurant
au rapport)
6. Commentaires presentee par les membres
7. Proclamation
7.1 Campagne d'un mois du YMCA Pour nos enfants (du 15 f6vrier au
15 mars 2011)
7.2 Semaine de lecture en toute libert6 (du 20 au 26 f6vrier 2011)
8. Delegations et presentations
9. Audiences publiques
19h
9.1 Projet de modification de 1'Arret6 concernant la contribution pour
1'am6lioration des affaires
9.2 Arr&6 concernant la fermeture et le barrage de routes — trongon de la rue Main
10. Etude des arret6s municipaux
10.1 Troisieme lecture de la modification de 1'Arret6 relatif a la circulation visant
la rue Duke Ouest
10.2 Troisieme lecture de la modification de 1'Arret6 relatif a la circulation
concernant la limite de vitesse sur un tron�on de la rue Loch Lomond
10.3a) Troisieme lecture de l'interdiction de stationnement la nuit durant 1'hiver
(maire suppl6ant Chase)
10.3b) Sud de la rue Lancaster se trouvant dans le vieux quartier ouest (conseiller
Norton)
10.3c) Troisieme lecture de la modification de 1'Arret6 relatif a la circulation
concernant les restrictions relatives au stationnement sur rue en hiver
11. Interventions des membres du conseil
11.1 Groupe de travail sur le d6veloppement 6conomique — proposition de nom
(conseiller Higgins)
11.2 Limites du parc Rockwood (conseiller Sullivan)
11.3 Parc Rockwood (conseiller Norton)
11.4 Assembl6es publiques locales (ouest) — Suivi et mesures quant aux propri6t6s
(conseiller McGuire)
11.5 Aide provinciale pour les batiments vacants et abandonn6s (conseiller
McGuire)
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.0 Directeur g6n6ral : Conditions dangereuses et inesth6tiques de la propri6t6
situ6e au 32, avenue Midwood
12.1) 32, avenue Midwood
a) Rapport de l'ing6nieur ind6pendant
b) Pr6sentation (R. McGrath)
c) Lettre aux Services d'inspection et des batiments (R. McGrath)
d) Photographies de la propri6t6 (R. McGrath)
12.2 Directeur g6n6ral : Mise a jour relative au nettoyage du port de Saint John
12.3 Directeur g6n6ral : Rapport annuel de 2010 relatif au r6seau d'6gouts de
Saint John Water
12.4 Directeur g6n6ral : Aire ext6rieure pour les Harbourfront Residences a Three
Sisters Development, rue Water
13. Rapports deposes par les comites
13.1 Saint John Energy : tarifs pour les banques alimentaires
13.3 Bureau des commissaires de la police de Saint John: convention collective
13.3 Enterprise Saint John : compte rendu sur les activites
14. Etude des sujets ecartes des questions soumises a Papprobation du conseil
15. Correspondance generale
15.1 Lettre de SPRNG au sujet des limites du parc Rockwood le long du chemin
Sandy Point
15.2 Lettre reque du groupe Friends of Rockwood Park au sujet du
parc Rockwood
16. Levee de la seance
96 -21
COMMON COUNCIL / CONSEIL COMMUNAL
JANUARY 17, 201VLE 17 JANVIER 2011
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — JANUARY 17, 2011 - 6:30 P.M.
Present:
Ivan Court, Mayor
Deputy Mayor Chase and Councillors Court, Farren, Higgins,
McGuire, Mott, Norton, Snook, Sullivan, and Titus
- and -
P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; P. Groody,
Commissioner of Municipal Operations; K. Forrest,
Commissioner of Planning and Development; A. Poffenroth,
Deputy Commissioner of Buildings and Inspection Services;
B. Reid, Chief of Police; M. Gillen, Deputy Fire Chief;
B. Morrison, Commissioner of Leisure Services; E. Gormley,
Common Clerk and J. Taylor, Assistant Common Clerk.
SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN
TENUE A L'HOTEL DE VILLE, LE 17 JANVIER 2011 A 18 H 30
Sont presents :
Ivan Court, maire
le maire suppleant Chase et les conseillers Court, Farren,
McGuire, Mott, Norton, Snook, Sullivan, Titus et la conseillere
Higgins
et
P. Woods, directeur general; J. Nugent, avocat municipal;
G. Yeomans, commissaire aux finances et tresorier; P. Groody,
commissaire aux Operations municipales; K. Forrest,
commissaire au service Urbanisme et developpement;
A. Poffenroth, commissaire adjoint aux Services d'inspection et
des batiments; B. Reid, chef de police; M. Gillen, chef adjoint du
service d'incendie; B. Morrison, commissaire des Services des
loisirs; ainsi que E. Gormley, greffiere communale, et J. Taylor,
greffier communal adjoint.
Call To Order — Prayer
Mayor Court called the meeting to order and Pastor David McElhenney offered the
opening prayer.
Ouverture de la seance, suivie de la priere
La seance est ouverte par le maire Court et le pasteur David McElhenney recite la priere
d'ouverture.
2. Approval of Minutes
On motion of Councillor Sullivan
Seconded by Councillor McGuire
RESOLVED that the minutes of the meeting of
Common Council, held on December 20, 2010, be approved.
Question being taken, the motion was carried.
2. Approbation du proces- verbal
Proposition du conseiller Sullivan
Appuyee par le conseiller McGuire
RESOLU que le proces- verbal de la seance du
conseil communal tenue le 20 decembre 2010 soit approuve.
A I'issue du vote, la proposition est adoptee.
0
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 17, 201VLE 17 JANVIER 2011
3. Approval of Agenda
On motion of Councillor Snook
Seconded by Councillor Mott
RESOLVED that the agenda of this meeting, with
the withdrawal of item 5.5 2011 NBCC Public Works Training Agreement and the
addition of items 12.5 Commissioner of Finance: Limits on Pension Transfers for
Terminating Employees; 13.3 Committee of the Whole: Demolition of Unsound
Structures and Cleanup of Property at 32 Midwood Avenue, be approved.
Question being taken, the motion was carried.
3. Adoption de I'ordre du jour
Proposition du conseiller Snook
Appuyee par le conseiller Mott
RESOLU que I'ordre du jour de la presente seance
soit adopte, moyennant le retrait du point 5.5 Entente de 2011 relative a la formation en
travaux publics au CCNB, et I'ajout des points 12.5 Restrictions relatives aux transferts
de pensions des employes cessant leur emploi; et 13.3 Comite plenier : Demolition de
constructions dangereuses et nettoyage de la propriete au 32, avenue Midwood.
A I'issue du vote, la proposition est adoptee.
4. Disclosures of Conflict of Interest
4. Divulgations de conflits d'interets
5. Consent Agenda
5.1 That as recommended by the City Manager in the submitted report M &C 2011-
05: Pipeline Crossing Agreement with Brunswick Pipeline Company Ltd., The City of
Saint John enter into a Crossing Consent Agreement with Brunswick Pipeline Company
Ltd. subject to the terms and conditions in the submitted agreement, for the purposes of
facilitating the construction of Sanitary Lift Station #22 as part of the Harbour Clean Up
Project and that the Mayor and Common Clerk be authorized to execute the said
agreement.
5.2 That as recommended by the City Manager in the submitted report M &C 2011-
14: Engineering Design: Site Specific Preliminary Design of the Saint John Drinking
Water Treatment Plant, the proposal from R.V. Anderson Associates Limited for the
engineering services related to the site specific Preliminary Design of the Saint John
Drinking Water Treatment Plant at the Little River Reservoir site be accepted and that
the Mayor and Common Clerk be authorized to execute the appropriate documentation
in that regard.
5.3 That the C. Waldschutz letter dated January 13, 2011 regarding the
beautification of Uptown Streets be received for information.
5.4 Refer to item 14.1.
5.5 Item was withdrawn by Council from agenda.
5.6 That as recommended by the City Manager in the submitted report M &C 2011-
06: Harbour Clean -Up — Lift Station #23, the Public Hearing for the consideration of the
passing of a By -law to Stop Up and Close a 791 square metre ± portion of a public street
known as Main Street, be set for Monday February 14, 2011 at 7:00 p.m. in the Council
Chamber, and Common Council authorize the publishing of a notice of the intention to
consider passing of such By -Law.
5.7 That the Common Clerk be directed to schedule a presentation with Compass
Resource Management Limited on February 28, 2011 concerning the preliminary
business and technical analysis for the Green Thermal Utility.
5.8 That the January 4, 2011 letter from the Saint John Police Association regarding
agreement with the proposed pension concessions be received for information.
7
96 -23
COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 17, 2011/LE 17 JANVIER 2011
5.9 That as recommended by the City Manager in the submitted report M &C 2011
15: Rezoning — 991 Fairville Boulevard, the January 31, 2011 Public Hearing for the
rezoning application of Apple Properties Ltd. at 991 Fairville Boulevard be cancelled.
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the recommendation set out for
each consent agenda item respectively, with the exception of item 5.4 Design and
Construction Management Spar Cove Road Wastewater Pumping Station, which has
been identified for debate, be adopted.
Question being taken, the motion was carried.
5. Questions soumises a I'approbation du conseil
5.1 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2011-05: Convention de consentement de croisement entre la municipalite et la
societe Brunswick Pipeline Company Ltd., The City of Saint John conclue une
convention de consentement de croisement entre elle -meme et Brunswick Pipeline
Company Ltd., sous reserve des modalites prevues a la convention presentee, afin de
faciliter la construction de la station de relevement no 22, dans le cadre du projet de
nettoyage du port, et que le maire et la greffiere communale signent ladite convention.
5.2 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2011 -14 : Conception technique preliminaire d'un site precis pour la station de
traitement d'eau potable de Saint John, la proposition faite par R.V. Anderson
Associates Limited, relativement aux services d'ingenierie pour la conception technique
preliminaire d'un site precis, dans le secteur du reservoir Little River, pour la station de
traitement d'eau potable de Saint John, soit acceptee, et que le maire et la greffiere
communale soient autorises a signer la documentation exigee a cet egard.
5.3 Que la lettre de C. Waldschutz datee du 13 janvier 2011 concernant
1'embellissement des rues du centre -ville soit acceptee a titre informatif.
5.4 Voir le point 14.1.
5.5 Point supprime de I'ordre du jour par le conseil.
5.6 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2011-06: Nettoyage du port, station de relevement no 23, le conseil communal fixe
la date de I'audience publique relative a I'adoption d'un arrete visant a fermer et a barrer
un trongon d'environ 791 metres carres de la rue Main, rue publique, au
lundi 14 fevrier 2011, a 19 h, dans la salle du conseil, et qu'il autorise la publication d'un
avis indiquant son intention d'adopter un tel arrete.
5.7 Que la greffiere communale fixe la date d'une presentation avec la societe
Compass Resource Management Limited, au sujet de I'analyse commerciale et
technique preliminaire portant sur les installations thermiques vertes, au 28 fevrier 2011.
5.8 Que la lettre de la Saint John Police Association Inc. datee du 4 janvier 2011 et
relative a 1'entente sur les concessions proposees en matiere de pensions soit acceptee
A titre informatif.
5.9 Que, comme le recommande le directeur general dans le rapport soumis intitule
M/C 2011-15: Rezonage visant le 911, boulevard Fairville, I'audience publique fixee au
31 janvier 2011 pour la demande de rezonage d'Apple Properties Ltd. visant le
991, boulevard Fairville, soit annulee.
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que la recommandation formulee pour
chacune des questions soumises a I'approbation du conseil, a 1'exclusion du
point 5.4, Conception et gestion de la construction concernant le poste de pompage des
eaux usees situe sur le chemin Spar Cove, et qui a ete selectionnee aux fins de
deliberations, soit adoptee.
A I'issue du vote, la proposition est adoptee.
96 -24
COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 17, 201VLE 17 JANVIER 2011
6. Members Comments
Council members commented on various community events.
6. Commentaires presentes par les membres
Les membres du conseil s'expriment sur diverses activites communautaires.
7. Proclamation
7. Proclamation
8. Delegations /Presentations
8. Delegations et presentations
9. Public Hearings
9. Audiences publiques
10. Consideration of By -laws
10.1 Stop -Up and Close Portion of Harding Street West
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that the by -law entitled "A By -Law
Respecting the Stopping Up and Closing of Highways in the City of Saint John"
regarding a portion of Harding Street West by adding thereto Section 215 immediately
after Section 214 thereof, be read.
Question being taken, the motion was carried.
The by -law entitled, "A By -Law Respecting the Stopping Up and Closing of Highways in
the City of Saint John" was read in its entirety.
On motion of Councillor Farren
Seconded by Councillor Sullivan
RESOLVED that the by -law entitled "A By -Law
Respecting the Stopping Up and Closing of Highways in the City of Saint John"
regarding a portion of Harding Street West by adding thereto Section 215 immediately
after Section 214 thereof, 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 "A By -Law Respecting the Stopping Up and
Closing of Highways in the City of Saint John ".
10. Etude des arretes municipaux
10.1 Arrete concernant la fermeture et le barrage de routes — trongon de la
rue Harding Ouest
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que I'arrete intitule « Arrete sur
('interruption de la circulation et la fermeture des routes dans The City of Saint John
concernant un trongon de la rue Harding Ouest par I'ajout de I'article 215 a la suite de
I'article 214, fasse ('objet d'une lecture.
A ('issue du vote, la proposition est adoptee.
L'arrete intitule « Arrete sur ('interruption de la circulation et la fermeture des routes dans
The City of Saint John » est lu integralement.
9
96 -25
COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 17, 201VLE 17 JANVIER 2011
Proposition du conseiller Farren
Appuyee par le conseiller Sullivan
RESOLU que I'arrete intitule « Arrete sur
('interruption de la circulation et la fermeture des routes dans The City of Saint John »
concernant un tron�on de la rue Harding Ouest par I'ajout de I'article 215 a la suite de
I'article 214, fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le
sceau communal y soit appose.
A ('issue du vote, la proposition est adoptee.
Troisieme lecture par titre de 1'arrete intitule « Arrete sur ('interruption de la circulation et
la fermeture des routes dans The City of Saint John ».
11. Submissions by Council Members
11.1 Cutting of Wood on City Owned Property (Councillor Farren)
On motion of Councillor Farren
Seconded by Councillor Sullivan
RESOLVED that the City Manager be directed to
investigate the possibility selling select cut wood from City property to pulp mills and
utilizing the funds to purchase trees which could be planted throughout the City.
Question being taken, the motion was carried.
11. Interventions des membres du conseil
11.1 Coupe de bois sur les proprietes appartenant a la municipalite
(conseiller Farren)
Proposition du conseiller Farren
Appuyee par le conseiller Sullivan
RESOLU que le directeur general soit charge
d'explorer la possibility de vendre une partie du bois coupe provenant des proprietes
appartenant a la Ville aux usines de pate a papier et d'utiliser I'argent ainsi recolte pour
acheter des arbres destines a titre plantes un peu partout en ville.
A ('issue du vote, la proposition est adoptee.
11.2 Moving Forward Motions for Vendor By -Law and New Taxi By -Law
(Councillor Farren)
On motion of Councillor Farren
Seconded by Councillor Snook
RESOLVED that the City Manager be directed to
move forward on his priority list, the report respecting a new by -law for vendors on City
controlled public places and the report regarding the establishment of the Taxi Review
By -law Committee.
Question being taken, the motion was carried.
11.2 Adoption des motions visant I'arrete sur les fournisseurs et le nouvel arrete
reglementant les taxis (conseiller Farren)
Proposition du conseiller Farren
Appuyee par le conseiller Snook
RESOLU que le directeur general soit charge
d'avancer, sur sa liste des priorites, le rapport portant sur le nouvel arrete concernant les
vendeurs sur les lieux publics reglementes par la Ville et le rapport portant sur la mise
en place du comite de revision de 1'arrete reglementant les taxis.
A ('issue du vote, la proposition est adoptee.
10
96 -26
COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 17, 201VLE 17 JANVIER 2011
11.3 Letter of Appreciation to Shamrock Park Volunteers (Councillor Sullivan)
On motion of Councillor Sullivan
Seconded by Councillor Titus
RESOLVED that the submission from Councillor
Sullivan, thanking the volunteers who helped to create the new trails in Shamrock Park,
be received for information.
Question being taken, the motion was carried.
11.3 Lettre de remerciements a I'attention des benevoles du parc Shamrock
(conseiller Sullivan)
Proposition du conseiller Sullivan
Appuyee par le conseiller Titus
RESOLU que ('intervention du conseiller Sullivan,
dans laquelle it remercie les benevoles qui ont participe a la construction des nouveaux
sentiers du parc Shamrock, soit acceptee a titre informatif.
A ('issue du vote, la proposition est adoptee.
11.4 Requesting a Discount or Donation of Power Supplied to Food Banks
(Councillor Sullivan)
On motion of Councillor Sullivan
Seconded by Councillor McGuire
RESOLVED that Common Council send a letter to
Saint John Energy (The Power Commission of The City of Saint John) requesting that it
donate power, or provide a discount, to food banks in the City of Saint John.
Question being taken, the motion was carried.
11.4 Demande visant a accorder une reduction ou a faire un don relativement a
1'e1ectricite fournie aux banques alimentaires (conseiller Sullivan)
Proposition du conseiller Sullivan
Appuyee par le conseiller McGuire
RESOLU que le conseil communal fasse parvenir
une lettre a Saint John Energy (la Commission d'energie de The City of Saint John) dans
laquelle it lui demande d'accorder une reduction ou de faire un don relativement a
1'e1ectricite fournie aux banques alimentaires de The City of Saint John.
A ('issue du vote, la proposition est adoptee.
11.5 2011 Vacant / Derelict Buildings Workload Expectations (Councillor Snook)
On motion of Councillor Snook
Seconded by Councillor Titus
RESOLVED that the letter from Councillor Snook
entitled 2011 Vacant / Derelict Buildings Workload Expectations be referred to budget
deliberations.
Question being taken, the motion was carried.
On motion of Councillor Snook
Seconded by Councillor Titus
RESOLVED that item 12.4 City Manager: Resource
Requirement Options for Enforcement of Vacant Buildings be moved forward on the
agenda.
Question being taken, the motion was carried.
11
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 17, 201VLE 17 JANVIER 2011
11.5 Charge de travail escomptee en 2011 relativement aux batiments vacants et
abandonnes (conseiller Snook)
Proposition du conseiller Snook
Appuyee par le conseiller Titus
RESOLU que la lettre du conseiller Snook intitulee
Charge de travail escomptee en 2011 relativement aux batiments vacants et
abandonnes soit transmise aux fins de deliberations budgetaires.
A I'issue du vote, la proposition est adoptee.
Proposition du conseiller Snook
Appuyee par le conseiller Titus
RESOLU que le point 12.4, Directeur
general : Options relatives aux exigences en matiere de ressources pour 1'execution de
la legislation sur les batiments inoccupes, soit avance dans I'ordre du jour.
A I'issue du vote, la proposition est adoptee.
12.4 City Manager: Resource Requirement Options for Enforcement of Vacant
Buildings
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2011 -10: Resource Requirement Options for
Enforcement of Vacant Buildings, Common Council refer the submitted report, detailing
the various options, to budget deliberations.
Question being taken, the motion was carried.
12.4 Directeur general : Options relatives aux exigences en matiere de
ressources pour 1'execution de la legislation sur les batiments inoccupes
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule M/C 2011 -10 : Options relatives aux exigences
en matiere de ressources pour /'execution de la legislation sur les batiments inoccupes,
le conseil communal soumette le rapport soumis, detaillants les differentes options, aux
deliberations budgetaires.
A I'issue du vote, la proposition est adoptee.
11.6 Milford Road Housing Initiative Update — West Saint John (Councillor
McGuire)
On motion of Councillor McGuire
Seconded by Councillor Titus
RESOLVED that the submission from Councillor
McGuire updating Council with respect to the Milford Road Housing Initiative, be
received for information.
Question being taken, the motion was carried.
11.6 Mise a jour de ('initiative en matiere de logements sur le chemin Milford —
Saint John Ouest (conseiller McGuire)
Proposition du conseiller McGuire
Appuyee par le conseiller Titus
RESOLU que la presentation du conseiller McGuire
faisant le point sur ('initiative en matiere de logements sur le chemin Milford soit
acceptee a titre informatif.
A Tissue du vote, la proposition est adoptee.
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11.7 Safe Clean Drinking Water — Designated City of Saint John Representative
(Councillor McGuire)
On motion of Councillor McGuire
Seconded by Councillor Snook
RESOLVED that Council appoint Mr. Paul Groody,
Commissioner of Municipal Operations, as The City of Saint John's designated
representative to collaborate with Provincial Officials with respect to achieving a positive
outcome concerning Safe Clean Drinking Water.
Question being taken, the motion was carried.
11.7 Salubrite et proprete de 1'eau potable — Representant designe de The City
of Saint John (conseiller McGuire)
Proposition du conseiller McGuire
Appuyee par le conseiller Snook
RESOLU que le conseil nomme M. Paul Groody,
commissaire aux Operations municipales, comme representant designe de The City of
Saint John pour collaborer avec les representants provinciaux, et ce, afin d'obtenir des
resultats positifs en ce qui concerne la salubrite et la proprete de 1'eau potable.
A Tissue du vote, la proposition est adoptee.
11.8 Vacant and Derelict Building Advocacy and Needed Legislation (Councillor
McGuire)
On motion of Councillor McGuire
Seconded by Councillor Snook
RESOLVED that the City Manager prepare a Visual
Listing (digital photographs) of vacant properties in Saint John, for distribution to the
appropriate Provincial Minister and Deputy Minister.
Concerns were raised by some Council members with respect to identifying vacant
buildings.
The City Solicitor stated that the City could provide the Minister and Deputy Minister with
information and visuals without publicly identifying buildings as vacant.
Question being taken, the motion was carried.
11.8 Defense des droits et necessite de mettre en place une legislation dans le
cadre des batiments vacants et abandonnes (conseiller McGuire)
Proposition du conseiller McGuire
Appuyee par le conseiller Snook
RESOLU que le directeur general etablisse une
liste visuelle (photographies numeriques) des propretes vacantes a Saint John, aux fins
de distribution au ministre provincial et au sous - ministre concernes.
Certains membres du conseil font part de leurs preoccupations quant a la designation
des immeubles inoccupes.
L'avocat municipal declare que la Ville pourrait fournir au ministre et au sous - ministre
des renseignements et du materiel visuel sans pour autant avoir a designer
publiquement les immeubles comme inoccupes.
A Tissue du vote, la proposition est adoptee.
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 17, 2011/LE 17 JANVIER 2011
12. Business Matters- Municipal Officers
12.1 City Manager: Traffic Control at Intersection of Sandy Point Road and
Foster Thurston Drive
On motion of Deputy Mayor Chase
Seconded by Councillor Court
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2011 -07: Traffic Control at Intersection of Sandy
Point Road and Foster Thurston Drive, Council consider a design and feasibility project
for potential upgrades at the intersection of Sandy Point Road and Foster Thurston Drive
described in the submitted report within a future General Fund Capital Program.
Question being taken, the motion was carried.
12. Affaires municipales evoquees par les fonctionnaires municipaux
12.1 Directeur general : Regulation de la circulation a ('intersection du
chemin Sandy Point et de la promenade Foster Thurston
Proposition du maire suppleant Chase
Appuyee par le conseiller Court
RESOLU que, comme le recommande le directeur general dans le
rapport soumis intitule M/C 2011 -07: Regulation de la circulation a 1'intersection du
chemin Sandy Point et de la promenade Foster Thurston, le conseil envisage d'inscrire
le projet, decrit dans le rapport soumis, portant sur la conception et la faisabilite
d'eventuels travaux de modernisation a ('intersection du chemin Sandy Point et de la
promenade Foster Thurston, dans le cadre d'un futur programme d'immobilisations du
fonds d'administration.
A Tissue du vote, la proposition est adoptee.
12.2 City Manager: Overnight Winter Parking Restriction
(Councillor Farren withdrew from the meeting)
On motion of Deputy Mayor Chase
Seconded by Councillor Sullivan
RESOLVED that the recommendation appearing in
the report M &C 2011 -08: Overnight Winter Parking Restriction be amended by allowing
for parking along both sides of Douglas Avenue during the winter months.
Mr. Groody noted that the level of service on Douglas Avenue has significantly increased
with the winter parking ban, noting that there are cost implications associated with
allowing on- street winter parking.
Question being taken, the motion was defeated with the Mayor and
Councillors Court, McGuire, Mott, Norton voting nay.
(Councillor Farren reentered the meeting)
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2011 -08: Overnight Winter Parking Restriction,
Council:
1) Amend the Traffic By -Law as follows to implement the recommended options
described in the submitted report and request the City Solicitor to place in proper form
and translate:
a. Add Winslow Street with limits Lancaster Street to Watson Street to Schedule
R (streets exempted from the Overnight Winter Parking Restriction)
b. Add Winslow Street with limits Lancaster Street to Watson Street to Schedule
H (daily alternate side parking during the winter and overnight period)
c. Add Third Street with limits Cranston Avenue to Dead End to Schedule R
d. Add Third Street with limits Cranston Avenue to Dead End to Schedule H
e. Add Woodlawn Avenue, limits St. Catherine Street to Dead End to Schedule R
f. Add Woodlawn Avenue, limits St. Catherine Street to Dead End to Schedule H
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 17, 201VLE 17 JANVIER 2011
2) Not amend the Traffic By -Law for the requests described in said report from:
a. Tower Street Area of Lower West
b. Southern Lancaster Street Area of Lower West
c. Douglas Avenue, South of Bentley Street
d. Douglas Avenue, North of Brunswick Place, and
e. Winter Street
3) Amend the Traffic By -Law as follows to implement alternate side parking on additional
streets already exempted from the Overnight Winter Parking Restriction and request the
City Solicitor to place in proper form and translate:
a. Add King Street West, limits Watson Street to Market Place to Schedule H
b. Add Saint George Street, limits Lancaster Street to Watson Street to Schedule
H
c. Add Sutton, limits Lancaster Street to City Line to Schedule H
d. Add Tower Street, limits Watson Street to Ludlow Street to Schedule H
e. Add Watson Street, limits King Street West to Prince Street to Schedule H
f. Add Watson Street, limits Saint George Street to Rodney Street to Schedule H
g. Add Bridge Street, limits Main Street to Dead End to Schedule H
h. Add Waring Street, limits Cunard Street to Dead End to Schedule H
i. Add Gooderich Street, limits Wright Street to Seeley Street to Schedule H
j. Add Rockland Road, limits Parks Street to Dead End to Schedule H
4) Amend the Traffic By -Law by deleting Victoria Lane with limits "Entire" from Schedule
R and request the City Solicitor place in proper form and translate.
Question being taken, the motion was carried with Deputy Mayor Chase
and Councillors Higgins and Sullivan voting nay.
12.2 Directeur general : Restrictions relatives au stationnement sur rue en hiver
la nuit
(Le conseiller Farren quitte la seance.)
Proposition du maire suppleant Chase
Appuyee par le conseiller Sullivan
RESOLU que la recommandation figurant dans le
rapport intitule M/C 2011-08: Restrictions relatives au stationnement sur rue en hiver la
nuit soit modifiee de fagon a autoriser le stationnement le long des deux cotes de
('avenue Douglas pendant les mois d'hiver.
M. Groody fait remarquer que le niveau de service sur ('avenue Douglas a augmente de
fagon significative en raison de ('interdiction de stationnement et it precise que le fait
d'autoriser le stationnement sur rue en hiver aura des repercussions financieres.
A ('issue du vote, la proposition est rejetee. Le maire ainsi que les
conseillers Court, McGuire, Mott, et Norton votent contre la proposition.
(Le conseiller Farren se joint de nouveau a la seance.)
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que, comme le recommande le directeur
general dans le rapport soumis intitule M/C 2011 -08 : Restrictions relatives au
stationnement sur rue en hiver la nuit, le conseil :
1) apporte les modifications suivantes a I'Arrete relatif a la circulation, et ce, afin de
mettre en place les options recommandees figurant dans le rapport soumis, et qu'il
demande a I'avocat municipal de presenter le tout sous la forme appropriee et traduite
a. ajout de la rue Winslow, de la rue Lancaster a la rue Watson, a I'annexe R
(rues exemptees des restrictions relatives au stationnement sur rue en hiver);
b. ajout de la rue Winslow, de la rue Lancaster a la rue Watson, a I'annexe H
(stationnement alterne de jour et de nuit pendant les mois d'hiver);
c. ajout de la rue Third, de ('avenue Cranston au cul -de -sac, a I'annexe R;
d. ajout de la rue Third, de ('avenue Cranston au cul -de -sac, a I'annexe H;
e. ajout de ('avenue Woodlawn, de la rue St. Catherine au cul -de -sac, a
I'annexe R;
f. ajout de ('avenue Woodlawn, de la rue St. Catherine au cul -de -sac, a
I'annexe H;
2) ne modifie pas I'Arrete relatif a la circulation, aux fins des demandes decrites dans
ledit rapport, pour les rues situees apres :
a. la partie de la rue Tower qui se trouve dans le vieux quartier ouest;
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 17, 201VLE 17 JANVIER 2011
b. le sud de la rue Lancaster qui se trouve dans le vieux quartier ouest;
c. ('avenue Douglas, au sud de la rue Bentley;
d. ('avenue Douglas, au nord de la place Brunswick;
e. la rue Winter;
3) apporte les modifications suivantes a I'Arrete relatif a la circulation, et ce, afin de
mettre en place le stationnement alterne sur les rues dejA exemptees des restrictions
relatives au stationnement sur rue en hiver la nuit, et qu'il demande a I'avocat municipal
de presenter le tout sous la forme appropriee et traduite :
a. ajout de la rue King Ouest, de la rue Watson a la place Market, a I'annexe H;
b. ajout de la rue Saint George, de la rue Lancaster A la rue Watson, a
I'annexe H;
c. ajout du chemin Sutton, de la rue Lancaster au chemin City Line, a I'annexe H;
d. ajout de la rue Tower, de la rue Watson a la rue Ludlow, a I'annexe H;
e. ajout de la rue Watson, de la rue King Ouest a la rue Prince, A I'annexe H;
f. ajout de la rue Watson, de la rue Saint George a la rue Rodney, a I'annexe H;
g. ajout de la rue Bridge, de la rue Main au cul -de -sac, A I'annexe H;
h. ajout de la rue Waring, de la rue Cunard au cul -de -sac, A I'annexe H;
i. ajout de la rue Gooderich, de la rue Wright a la rue Seeley, a I'annexe H;
j. ajout du chemin Rockland, de la rue Parks au cul -de -sac, a I'annexe H;
4) modifie I'Arrete relatif A la circulation en supprimant I'integralite de I'allee Victoria de
I'annexe R, et qu'il demande a I'avocat municipal de presenter le tout sous la forme
appropriee et traduite.
A ('issue du vote, la proposition est adoptee. Le maire suppl6ant Chase
ainsi que le conseiller Sullivan et la conseillere Higgins votent contre la proposition.
12.3 City Manager: Contract 2010 -24: Spar Cove Road Wastewater Pumping
Station
On motion of Deputy Mayor Chase
Seconded by Councillor Sullivan
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2011 -09: Contract 2010 -24: Spar Cove Road
Wastewater Pumping Station, Contract number 2010 -24: Spar Cove Road Wastewater
Pumping Station be awarded to the lowest compliant tenderer, Galbraith Construction
Ltd., at the tendered price of $1,669,970.50 as calculated based upon estimated
quantities, and further that the Mayor and Common Clerk be authorized to execute the
necessary contract documents.
the agenda.
Question being taken, the motion was carried.
On motion of Deputy Mayor Chase
Seconded by Councillor Farren
RESOLVED that item 14.1 be moved forward on
Question being taken, the motion was carried.
12.3 Directeur general : Contrat no 2010 -24 relatif au poste de pompage des
eaux usees situe sur le chemin Spar Cove
Proposition du maire suppl6ant Chase
Appuyee par le conseiller Sullivan
RESOLU que, comme le recommande le directeur
general dans le rapport pr6sent6 intitule M/C 2011 -09 : Contrat no 2010 -24 relatif au
poste de pompage des eaux usees situe sur /e chemin Spar Cove, le contrat no 2010 -24
relatif au poste de pompage des eaux usees situe sur le chemin Spar Cove soit accorde
au soumissionnaire le moins - disant, Galbraith Construction Ltd., au prix offert de
1 669 970,50 $, etabli a partir de quantites estimatives, et que le maire et la greffi6re
communale soient autorises A signer les documents contractuels necessaires.
du jour.
A ('issue du vote, la proposition est adoptee.
Proposition du maire suppl6ant Chase
Appuyee par le conseiller Farren
RESOLU que le point 14.1 soit avance dans I'ordre
A ('issue du vote, la proposition est adoptee.
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 17, 201VLE 17 JANVIER 2011
14. Consideration of Issues Separated from Consent Agenda
14.1 Design and Construction Management Spar Cove Road Wastewater
Pumping Station
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that as recommended by the City
Manager in the submitted report M &C 2011 -12: Design and Construction Management:
Spar Cove Road Wastewater Pumping Station, the engineering services agreement with
ADI Limited for engineering design and construction management of the Spar Cove
Road Wastewater Pumping Station project be increased from $620,320.50 to
$798,820.50 as outlined in said report.
Concerns were expressed by Council members with respect to the cost associated with
the design and construction management of the pumping station.
Mr. Groody explained that ADI Limited was asked to design to a wet well / dry well
system which he stated was more expensive than anticipated, noting that ADI Limited
was asked by the City to completely redesign the station, resulting in an additional cost
of $178,500.00. He noted that he recognizes that for the end cost of the project this is a
large number, adding that staff members reviewed the file and concluded that the costs
are justified.
Responding to a question, Mr. Groody stated that the construction management cost is
approximately $173,000.00.
In response to a question concerning what auditing systems are in place when a firm is
engaged to carry out work on the City's behalf, Mr. Groody stated that a Project
Engineer is assigned to each City project, noting that he or she has the responsibility of
scrutinizing the bills for all aspects of construction and design related services. He
further explained that if the project manager is not satisfied with a cost estimate, another
firm can be contacted for a cost estimate.
Question being taken, the motion was carried with Deputy Mayor Chase
voting nay.
Deputy Mayor Chase proposed a motion which did not receive a seconder for an
independent engineering firm to review the file for an opinion.
14. Etude des sujets ecartes des questions soumises a I'approbation du
conseil
14.1 Conception et gestion de la construction concernant le poste de pompage
des eaux usees situe sur le chemin Spar Cove
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLLI que, comme le recommande le directeur
general dans le rapport soumis intitule M/C 2011 -12 : Gestion de la conception et de la
construction concernant le poste de pompage des eaux usees situe sur /e chemin
Spar Cove, le montant de la convention relative aux services d'ingenierie conclue avec
ADI Limited dans le cadre de la conception technique et de la gestion de la construction
visant le poste de pompage des eaux usees situe sur le chemin Spar Cove passe de
620 320,50 $ a 798 820,50 $ comme I'indique le rapport soumis.
Les membres du conseil expriment leur inquietude quant au cout associe a la
conception et a la gestion de la construction du poste de pompage.
M. Groody explique que la societe ADI Limited a ete chargee de concevoir un systeme
de puits de pompage /puisard qui, selon lui, a coute plus cher que prevu. En outre, it
precise que la Ville a demande a la societe ADI Limited de revoir en integralite la
conception du poste de pompage, ce qui a entraine un cout supplementaire de
178 500 $. II admet egalement que le cout final associe a ce projet est tres important et
ajoute que les membres du personnel ont examine le dossier et qu'ils sont parvenus a la
conclusion que les couts sont justifies.
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 17, 201VLE 17 JANVIER 2011
En reponse a une question, M. Woods declare que le coot lie a la gestion de la
construction est d'environ 173 000 $.
En reponse a une question visant a determiner les systemes de verification qui sont en
place lorsqu'une entreprise est embauchee pour effectuer le travail au nom de la Ville,
M. Groody declare qu'un ingenieur de projet est affecte a chaque projet municipal
precisant que ce dernier a la responsabilite de verifier minutieusement les factures de
tous les aspects des services lies a la construction et a la conception. II ajoute que si le
gestionnaire de projet n'est pas satisfait de 1'estimation des coots, on peut communiquer
avec une autre entreprise pour obtenir une estimation des coots.
A Tissue du vote, la proposition est acceptee. Le maire suppleant Chase vote contre la
proposition.
Le maire suppleant Chase propose une motion qui ne regoit pas I'appui d'un second
proposeur pour qu'une firme d'ingenierie independante examine le dossier afin de
donner une opinion.
12.5 Commissioner of Finance: Limits on Pension Transfers for Terminating
Employees
On motion of Councillor Titus
Seconded by Councillor Court
RESOLVED that Common Council rescinds the
following recommendation adopted at the meeting of February 15. 2010:
"RESOLVED that Common Council agree to fund and provide the full commuted value
of pensions for employees terminating employment with the City of Saint John at the
time of termination."
Question being taken, the motion was carried.
12.5 Commissaire aux finances : Restrictions relatives aux transferts de
pensions des employes cessant leur emploi
Proposition du conseiller Titus
Appuyee par le conseiller Court
RESOLU que le conseil communal annule la
recommandation suivante adoptee a la reunion du 15 fevrier 2010 :
RESOLU que le conseil communal consente a financer et a offrir la pleine valeur de
rachat des pensions aux employes quittant leur emploi au sein de The City of Saint John
au moment de leur depart.
A Tissue du vote, la proposition est adoptee.
13. Committee Reports
13.1 Mispec Park Recreation Committee Inc.: 2011 Budget Submission
On motion of Councillor Sullivan
Seconded by Councillor Titus
RESOLVED that the 2011 Budget Submission from
the Mispec Park Recreation Committee be referred to budget deliberations.
Question being taken, the motion was carried.
13. Rapports deposes par les comites
13.1 Mispec Park Recreation Committee Inc.: Demande budgetaire de 2011
Proposition du conseiller Sullivan
Appuyee par le conseiller Titus
RESOLU que la demande budgetaire de 2011 du
comite Mispec Park Recreation Committee soit soumise aux deliberations sur les
budgets.
A Tissue du vote, la proposition est adoptee.
in
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 17, 201VLE 17 JANVIER 2011
13.2 Committee of the Whole: Resolution Respecting Legal Services to Board of
Police Commissioners
On motion of Councillor Court
Seconded by Councillor Farren
RESOLVED that the City Solicitor or his designate
be directed to provide legal services to the Board of Police Commissioners for the City of
Saint John relating to the development, in conjunction with representatives of the Board,
of:
1) agreement(s) between the Board and the Province of New Brunswick respecting the
utilization of the holding cells in the Saint John police headquarters currently under
construction;
2) similar agreement(s) between the Board and other police forces within the region as
required; and
3) an agreement between the Board and the City defining the terms and conditions in
which the Board will occupy the said police headquarters and related City owned
property;
such legal services to be subject to the stipulation, accepted by the Board in its
resolution of December 14, 2010 that should any dispute between the City and the
Board arise with respect to the agreements in question, that the City Solicitor shall
represent the City and further that any and all information acquired by the City Solicitor's
Office while acting on behalf of the Board as described herein, shall be available to the
City without further consent required from the Board.
Question being taken, the motion was carried.
13.2 Comite plenier : Resolution afferente aux services juridiques pour le
Bureau des commissaires de la police
Proposition du conseiller Court
Appuyee par le conseiller Farren
RESOLU que I'avocat municipal ou son
remplagant, en collaboration avec les representants du Bureau des commissaires de
police de The City of Saint John, soit charge de fournir des services juridiques au
Bureau pour ce qui est de 1'etablissement :
1) d'une ou des ententes entre le Bureau et la province du Nouveau - Brunswick en
matiere d'utilisation des cellules de detention dans le quartier general du service de
police de Saint John qui est en cours de construction;
2) d'une ou des ententes similaires entre le Bureau et d'autres services de police dans la
region, au besoin; et
3) d'une entente entre le Bureau et la Ville definissant les modalites et les conditions en
vertu desquelles le Bureau occupera le quartier general du service de police et la
propriete connexe appartenant a la Ville;
ces services juridiques seront assujettis a une disposition, acceptee par le Bureau dans
sa resolution du 14 decembre 2010, que si un differend surgit entre la Ville et le Bureau
a propos des ententes en question, l'avocat municipal representera la Ville et qu'en
outre tous les renseignements obtenus par le bureau de I'avocat municipal pendant qu'il
agit au nom du Bureau comme it est decrit dans les presentes seront mis a la disposition
de la Ville sans consentement ulterieur du Bureau.
A Tissue du vote, la proposition est adoptee.
13.3 Committee of the Whole: Demolition of Unsound Structures and Cleanup of
Property at 32 Midwood Avenue
On motion of Councillor Titus
Seconded by Councillor Higgins
RESOLVED that Council agrees to hear from the
property owner of 32 Midwood Avenue in Saint John, New Brunswick, subsequent to
Council receiving a written submission from the property owner with respect to the
structural integrity of the buildings located on said property.
Councillor Snook stated that he does not support the motion, noting that the decision of
the Substandard Properties Appeals Committee should stand.
Question being taken, the motion was carried with Councillors McGuire,
Snook and Sullivan voting nay.
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 17, 201VLE 17 JANVIER 2011
13.3 Comite plenier : Demolition de constructions dangereuses et nettoyage de
la propriete au 32, avenue Midwood
Proposition du conseiller Titus
Appuyee par la conseillere Higgins
RESOLU que le conseil accepte une presentation
du proprietaire foncier situe au 32, avenue Midwood, a Saint John, au Nouveau -
Brunswick, apres que ce dernier ait soumis une demande ecrite au conseil pour ce qui
est de I'integrite structurelle des batiments sur ladite propriete.
Le conseiller Snook indique qu'il n'appuiera pas la motion en mentionnant que la
decision du Comite d'appel sur les residences non conformes aux normes devrait titre
maintenue.
A Tissue du vote, la proposition est acceptee. Les conseillers McGuire,
Snook et Sullivan votent contre la proposition.
15. General Correspondence
15.1 Sauerteig Letter: Sandy Point Road Planning Study
On motion of Councillor Sullivan
Seconded by Councillor Farren
RESOLVED that the letter from Horst Sauerteig
entitled Sandy Point Road Planning Study, dated January 12, 2011, be received for
information.
Question being taken, the motion was carried.
15. Correspondance generale
15.1 Lettre de M. Sauerteig : Etude de planification portant sur le chemin
Sandy Point
Proposition du conseiller Sullivan
Appuyee par le conseiller Farren
RESOLU que la lettre de M. Horst Sauerteig
intitulee « Etude de planification portant sur le chemin Sandy Point >), datee du
12 janvier 2011, soit acceptee a titre informatif.
A Tissue du vote, la proposition est adoptee.
15.2 Goss Letter: Development in Rockwood Park
On motion of Councillor Titus
Seconded by Councillor McGuire
RESOLVED that letter from David Goss regarding
development in Rockwood Park, be received for information.
Question being taken, the motion was carried.
15.2 Lettre de M. Goss : Projet d'amenagement au parc Rockwood
Proposition du conseiller Titus
Appuyee par le conseiller McGuire
RESOLU que la lettre de M. David Goss au sujet
du projet d'amenagement au parc Rockwood soit acceptee a titre informatif.
A Tissue du vote, la proposition est adoptee.
16. Adjournment
The Mayor declared the meeting adjourned at 9:00 p.m.
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COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 17, 2011/LE 17 JANVIER 2011
16. Levee de la seance
Le maire declare que la seance est levee a 21 h.
Mayor / maire
Common Clerk/ greffiere communale
21
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COMMON COUNCIL / CONSEIL COMMUNAL
JANUARY 24, 201 VLE 24 JANVIER 2011
COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN
CITY HALL — JANUARY 24, 2011 - 6:30 P.M.
Present:
Ivan Court, Mayor
Deputy Mayor Chase and Councillors Court, Farren, Higgins,
McGuire, Mott, Norton, Snook, Sullivan, and Titus
- and -
P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans,
Commissioner of Finance and Treasurer; P. Groody,
Commissioner of Municipal Operations; A. Poffenroth, Deputy
Commissioner of Buildings and Inspection Services; R. Simonds,
Fire Chief; B. Connell, Deputy Chief of Police; B. Morrison,
Commissioner of Leisure Services; E. Gormley, Common Clerk
and J. Taylor, Assistant Common Clerk.
SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN
TENUE A L'HOTEL DE VILLE, LE 24 JANVIER 2011 A 18 H 30
Sont presents :
Ivan Court, maire
le maire suppleant Chase et les conseillers Court, Farren,
McGuire, Mott, Norton, Snook, Sullivan, Titus et la conseillere
Higgins
et
P. Woods, directeur general; J. Nugent, avocat municipal;
G. Yeomans, commissaire aux finances et tresorier; P. Groody,
commissaire aux Operations municipales; A. Poffenroth,
commissaire adjoint aux Services d'inspection et des batiments;
R. Simonds, chef du service d'incendie; B. Connell, chef de
police adjoint; B. Morrison, commissaire des Services des loisirs;
ainsi que E. Gormley, greffiere communale, et J. Taylor, greffier
communal adjoint.
Call To Order — Prayer
Mayor Court called the meeting to order and Councillor Snook offered the opening
prayer.
1. Ouverture de la seance, suivie de la priere
La seance est ouverte par le maire Court, et le conseiller Snook recite la priere
d'ouverture.
3.1 2011 General Fund Operating Budget
Referring to a submitted report, the City Manager highlighted the 2011 General Fund
Operating Budget.
Some Council members expressed concerns with the value for money that Enterprise
Saint John ( "ESJ ") offers to the City and it was suggested that its funding be reduced.
Mr. Woods advised the Province has undertaken a study to review methods in which the
Enterprise model can be improved and he suggested that Council await the outcome of
the study prior to making a final decision about ESJ's budget. He recommended that
Council earmark a $400,000.00 envelope for economic development, further
recommending that a $200,000.00 six month funding commitment be made to ESJ. He
added that Council could decide at a later time whether to provide ESJ with the
additional $200,000.00.
22
96 -38
COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 24, 201 VLE 24 JANVIER 2011
Responding to a question, Mr. Woods stated that he would present Council with an
amended 2011 operating budget in four to six weeks should pension relief not be
available to the City.
The Commissioner of Finance stated that the 2011 operating budget for the financial
management service has been increased from last year due to the additional workload
associated with the implementation of the Public Sector Board Accounting standards.
The Deputy Commissioner of Building and Inspection Services stated that the
$185,000.00 increase in her department's budget will permit the demolition of an
additional 15 derelict buildings per year, noting that in three to four years all of the
buildings falling under the current by -law could be addressed.
Responding to a question, Nancy Moar, Communications Manager, stated that the
highlights of the budget will appear on the City's website, adding that the entire budget
document is also available in the agenda packet.
The Commissioner of Municipal Operations was asked to provide details on the snow
removal budget, to which he responded that the cost of street snow removal exceeds
$4,300,000, noting that the sidewalk snow removal costs exceed $885,000.00.
Mr. Groody was asked how the additional funding for road maintenance will be used, to
which he responded that the City will have the ability to resurface 44 lane kilometres of
roads.
In response to a question regarding the manner in which the 2011 operating budget was
reduced, Mr. Woods stated that fleet costs were reduced by $400,000.00 and the
administrative budgets were reduced as follows: Mayor's Office by $20,000.00; City
Manager's office by $30,000.00; Planning Department by $20,000.00; Finance
Department by $20,000.00; Human Resources Department by $40,000.00; Information
Technology Department by $60,000.00; Facility Management Department by
$16,000.00, and the Common Clerk's Office by $50,000.00.
On motion of Councillor Titus
Seconded by Councillor Farren
RESOLVED:
1) That the sum of $138,523,059 be the total Operating Fund Budget of The City of
Saint John for 2011 as detailed in the submitted Appendix A; and,
2) That the Warrant for The City of Saint John for the year 2011 be approved in the
amount of $108,815,058; and,
3) That the tax rate for the City of Saint John be set at $1.7850 per hundred dollars of
assessment on real property liable to taxation within the City of Saint John under the
provisions of the Assessment Act; and,
4) That Common Council orders and directs the levying by the Minister of Local
Government of said amount on real property liable to taxation under the Assessment Act
within the City of Saint John; and,
6) That Common Council approves the 2011 Establishment of Permanent Positions as
detailed in the submitted Appendix C; and,
7) That Common Council approves an increase in the 2011 Management Professional
Pay Scale of 2.9 percent effective January 1, 2011 as set out in the submitted
Appendix D; and,
8) That the City contributions to all Agencies, Boards and Commissions for 2012 and
2013 shall not exceed that approved for 2011 unless otherwise provided by contract or
legislation with the exception of the Fire Department, the Saint John Board of Police
Commissioners and the Saint John Transit Commission whose budget submissions for
2012 shall not exceed 101 % of the immediately preceding year.
voting nay.
Question being taken, the motion was carried with Councillor Higgins
23
96 -39
COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 24, 2011/LE 24 JANVIER 2011
On motion of Councillor Titus
Seconded by Councillor Farren
RESOLVED that Common Council authorize the
Commissioner of Finance to disburse, at a time acceptable to him, to the named
Commissions, Agencies and Committees, the approved funds as contained in the
submitted Appendix B, provided however that funding for Enterprise Saint John shall be
$200,000.00 for the first six months of 2011, with the potential of $200,000.00 in funding
for the balance of 2011 dependent upon the results of further consideration of the most
appropriate economic development model for the City.
Deputy Mayor Chase stated that he does not support the motion as he sees the value
added by the Enterprise Saint John, noting that a 6 month funding commitment could
short - circuit Enterprise Saint John's programming.
Councillor Norton stated that he is against the motion as it threatens the funding for an
agency that grows the City's creativity and workforce.
Question being taken, the motion was carried with Deputy Mayor Chase
and Councillor Norton voting nay.
3.1 Budget de fonctionnement du fonds d'administration de 2011
Se rapportant a un rapport depose anterieurement, le directeur general presente le
budget de fonctionnement du fonds d'administration de 2011.
Certains membres du conseil font part de leur inquietude quant a la rentabilite des
services qu'Enterprise Saint John offre a la Ville et ils suggerent de revoir a la baisse le
financement accorde a Enterprise Saint John.
M. Woods precise que la province a entrepris une etude dans le but de revoir les
methodes destinees a ameliorer le modele de fonctionnement d'Enterprise Saint John et
it suggere au conseil d'attendre les resultats de cette etude avant de prendre une
decision definitive quant au budget d'Enterprise Saint John. II recommande au conseil
d'octroyer une enveloppe budgetaire de 400 000 $ au developpement economique. En
outre, it recommande qu'un engagement de six mois en matiere de financement, a
hauteur de 200 000 $, soit pris envers Enterprise Saint John. II ajoute que le conseil
pourrait decider ulterieurement d'allouer ou non 1'enveloppe supplementaire de
200 000 $ a Enterprise Saint John.
En reponse a une question posee, M. Woods annonce qu'il presenterait au conseil un
nouveau budget de fonctionnement pour 2011 (dans un delai de quatre a six semaines)
dans le cas ou un allegement des pensions ne serait pas accorde a la Ville.
Le commissaire aux finances declare que le budget de fonctionnement de 2011 pour le
Service de gestion financiere a ete revu a la hausse par rapport a I'annee derniere, et
ce, en raison de la charge de travail supplementaire liee a la mise en oeuvre des normes
comptables du secteur public.
La commissaire adjointe aux Services d'inspection et des batiments declare que
I'augmentation de 185 000 $ du budget de son service permettra de proceder a la
demolition de 15 batiments abandonnes supplementaires par an. A cet egard, elle
precise que d'ici trois a quatre ans, tous les batiments vises par 1'arrete actuel pourraient
titre concernes.
En reponse a une question, Nancy Moar, directrice des communications, signale que les
points saillants du budget seront publies sur le site Web de la Ville et elle precise que
l'integralite de la documentation budgetaire se trouve egalement dans la trousse de
I'ordre du jour.
Pour repondre a la demande de precisions sur le budget consacre au deneigement, le
commissaire aux Operations municipales souligne que le cout du deneigement des rues
depasse 4 300 000 $ et celui du deneigement des trottoirs depasse 885 000 $.
On demande a M. Groody comment le financement supplementaire dedie a 1'entretien
des routes sera utilise. II repond que cette somme permettra a la Ville d'effectuer le
resurfagage de 44 kilometres de routes.
En reponse a une question posee relativement a la maniere dont le budget de
fonctionnement de 2011 a ete reduit, M. Woods precise que les couts lies au parc de
vehicules ont ete reduits de 400 000 $ et que les budgets administratifs ont ete reduits
24
96 -40
COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 24, 201 VLE 24 JANVIER 2011
comme suit: Bureau du maire, reduction de 20 000 $; Bureau du directeur general,
reduction de 30 000 $; Service d'urbanisme, reduction de 20 000 $; Service des
finances, reduction de 20 000 $; Service des ressources humaines, reduction de
40 000 $; Service de technologie de ('information, reduction de 60 000 $; Service de
gestion des immeubles, reduction de 16 000 $; et Bureau de la greffiere communale,
reduction de 50 000 $.
Proposition du conseiller Titus
Appuyee par le conseiller Farren
RESOLU que:
1) le total des fonds prevus au budget de fonctionnement du fonds d'administration de
The City of Saint John s'eleve a 138 523 059 $ pour l'annee 2011, tel que l'indique
I'annexe A;
2) le mandat de The City of Saint John pour I'annee 2011 soit approuve au montant de
108 815 058 $;
3) le taux d'imposition de The City of Saint John soit fixe a 1,7850 $ par tranche de
100 $ d'evaluation des biens reels dans The City of Saint John assujettis a I'impot en
vertu des dispositions de la Loi sur /'evaluation;
4) le conseil communal ordonne et decrete le prelevement par le ministre des
Gouvernements locaux de la somme sur les biens reels dans The City of Saint John
assujettis a I'impot en vertu de la Loi sur 1'evaluation;
6) le conseil communal approuve I'etablissement de postes permanents de 2011,
comme it est precise a I'annexe C presentee;
7) le conseil communal approuve une augmentation de 2,9 % de 1'echelle de
remuneration des cadres pour 2011, telle qu'elle est presentee a I'annexe D;
8) les sommes attribuees par la Ville aux organismes, aux conseils d'administration et
aux commissions en 2012 et 2013 ne depassent pas les montants approuves en 2011,
sauf en cas de dispositions contraires stipulees par un contrat ou par une loi, a
1'exception du service d'incendie, du Bureau des commissaires de la police de
Saint John et de la Commission des transports de Saint John dont les demandes
budgetaires de 2012 ne depasseront pas 101 % de I'annee qui precede immediatement;
A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote
contre la proposition.
Proposition du conseiller Titus
Appuyee par le conseiller Farren
RESOLU que le conseil communal autorise le
commissaire aux finances a verser, au moment qu'il jugera opportun, aux commissions,
aux organismes et aux comites designes les fonds approuves, selon ce que prevoit
I'annexe B, a la condition toutefois que le financement d'Enterprise Saint John s'eleve a
200 000 $ pour les six premiers mois de I'annee 2011 et que l'on envisage la possibilite
de consacrer 200 000 $ supplementaires pour les autres six mois de I'annee 2011, et ce,
en fonction de ce qui resultera de 1'etude du modele de developpement economique le
plus pertinent pour la Ville.
Le maire suppleant Chase indique qu'il n'appuiera pas la motion etant donne que, selon
lui, Enterprise Saint John apporte bien une valeur ajoutee et qu'un engagement de
six mois en matiere de financement pourrait court - circuiter ses programmes.
Le conseiller Norton indique qu'il s'oppose a la motion etant donne que celle -ci
represente une menace pour le financement d'un organisme qui oeuvre en faveur de la
creativite et des effectifs de la Ville.
A ('issue du vote, la proposition est acceptee. Le maire suppleant Chase
et le conseiller Norton votent contre la proposition.
25
96 -41
COMMON COUNCIL /CONSEIL COMMUNAL
JANUARY 24, 2011/LE 24 JANVIER 2011
16. Adjournment
The Mayor declared the meeting adjourned at 8:30 p.m.
16. Levee de la seance
Le maire declare que la seance est levee a 20 h 30.
Mayor / maire
Common Clerk / greffiere communale
26
REPORT TO COMMON COUNCIL
M &C- 2011 -026
February 4, 2011
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Assent of a Public Utility Easement
3795 Loch Lomond Road
ANALYSIS:
City of Saint John
The Development Officer is in a position to endorse the attached Dan H. Estey &
Rhonda D. Estey Subdivision (see attachments). This plan will create a new
unserviced residential lot abutting Loch Lomond Road. The proposed subdivision
satisfies the Zoning and Subdivision By -laws, and all the necessary approvals
have been obtained from the N.B. Departments of Health and Environment.
As required by the Subdivision By -law, the remaining 7.8 hectare property will
continue with a minimum width of at least 20 metres in order to accommodate the
construction of a possible street should the property be further developed in the
future.
Related to this possible street in the future is the need by the utility companies for
a 3 metre wide public utility easement (see attached subdivision plan). Normally
the vesting of these easements is considered in a recommendation from the
Planning Advisory Committee when dealing with more significant subdivision
applications. However, this matter did not require the consideration of the
Committee, and the Community Planning Act does not require their involvement
when dealing only with public utility easements.
The vesting of the proposed easement is supported by Saint John Energy and
Aliant Telecom Inc., and will be necessary if and when a street is constructed.
Therefore, assent of the proposed public utility easement is recommended.
27
M & C — 2011 — 026 - 2 - February 7, 2011
RECOMMENDATION:
That Common Council assent to the submitted Dan H. Estey & Rhonda D. Estey
Subdivision with respect to any necessary public utility easements.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
J. Patrick Woods, CGA
City Manager
Project No. 10 -349
W
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39 School Avenue
Rothesay, NB
E2E 1 Z6
January 17, 2011
Director of Administration Services
City of Saint John
15 Market Square, NB
CP/PO Box 1971
Saint John, NB
E21, 41, 1
Dear Mayor & Council,
As President of the Saint John and Western District Crime Stoppers, I would Iike to ask for your
Financial and Moral support for the up and coming year 2011. As you are probably already
aware, we are a non - profit, non - government organization that offers awards for information
leading to the arrest of crimes in your area.
As your police department can confirm, Crime Stoppers is a great asset to helping solve crime
that affects us all. We cannot do this without the support from you, and in the long run, saves you
money in policing our community.
I want to thank you for your previous support, and would ask you if you could consider a
donation this year of $1,500.00 from the City of Saint John. This money is used for tips in solving
crimes in the Saint John Area, and is needed to continue a successful program that helps us all.
Last year we did not receive anything from Saint John, and in order to continue the support we
offer to the city and the Police department, we require support like this which happened in the
past. All communities in our area support the local programs, so we are asking for the City to
support your program also.
Should you, or anyone want further information about Crime Stoppers, please contact me, and I
will be pleased to meet with you and discuss our program.
Thanking you in advance for your consideration.
Gary My es
President
Saint John and Western Crime Stoppers
31
Art Me�ansan
From: "Art Melanson" <melansol @nb.aliant.net>
Date. Friday, January 28,20118:37 PM
Subject: Winter Parking Ban - __ - --
_ - - -- ---- _------ _-------------- -.____ , - - -- - - -- to our Mayor his worship Ivan Court
and council - -- - -- The Winter Parking Ban imposes difficult conditions that leave the residents
challenged and exhausted both physically and financially when they choose to live in uptown Saint John .
Why is it we suffer the most because we choose to stay. - - - -- Recently 50 to 60 vehicles were towed
because many residents were unaware of Sunday's ban e Caught unaware on a passive day --- A day
when we choose to worship or to spend time with our family's -- I believe that in human nature we
become more relaxed and passive as we enter into Saturday and Sunday - - -- Because of the cost of
Snow Removal Operations and the cost to our public relations in trying to encourage residency within our
central core it might help save the City Money and Encourage Residency if we imposed a ban Monday to
Friday only so that the residents could enjoy the privileges of uptown living without the worry of sanctions
- -- So Little So Much - -- Freedom and Appreciation for those who choose to stay - -- Thank you --
Arthur Melanson --- 32 Wentworth St.
Parking Ban Monday to Friday only
- -- So Little So Much - -- Freedom and Appreciation for those who choose to stay - --
�5133Lt o
32
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January 26, 2011
Request by Learn and Go participants to present to Common Council
Learn and Go is a leadership and community organizing training program intended to stimulate
neighbourhood revitalization with particular attention to priority neighbourhoods. This project is a
partnership between Irving Oil Ltd, Vibrant Communities Saint John, St. Joseph's Health Centre, and
the Urban Core Support Network. During the Fall 2010, 43 residents participated in Learn and Go
and developed nine solutions to community challenges (see below). Many of the projects related
to the municipality and propose concrete solutions.
Projects were presented to potential partners earlier in November with significant representation
by City of Saint John Staff and members of Common Council.
We would like the opportunity for two of our groups share our ideas with Common Council and to
celebrate our success so far.
Thank you for taking the time to consider our request.
Projects:
■ Speed bumps on Anglin Drive
■ Speed bumps in Crescent Valley
■ Better lighting in Crescent Valley
■ Garbage cans in South End
■ Rent Freeze in subsidized housing
K Youth Homelessness Awareness
■ Recreation area in Reading Crescent
■ Pathway to Hazen White School
■ Safer streets in the Village
Sincerely
Colin McDonald
Vibrant Communities
Colin.vibrantsi @nb.aibn.com
506 - 608 -0419
33
REPORT TO COMMON COUNCIL
M &C- 2011 -027
February 4, 2011
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Assent of a Public Utility Easement
20 -30 Pokiok Road (Project File: 7 Pokiok Road)
ANALYSIS:
City of Saint John
In July 2008 Common Council rezoned the subject property to "TH" Townhouse
in order to allow for the construction of a six -unit townhouse building (see
attachments). Subsequent to the rezoning approval the developer obtained the
necessary building permits and undertook the construction of the building.
Recently, the subdivision plan was submitted to the Development Officer for
endorsement. However, unlike the original submission, the final plan now
provides for a public utility easement across the front portion of the property.
Normally the vesting of these easements is considered in a recommendation from
the Planning Advisory Committee when dealing with more significant subdivision
applications. Unfortunately, assent for such an easement was not provided in the
original report and recommendation considered by the Committee. In any event,
the Community Planning Act does not require their involvement when dealing
only with public utility easements.
The vesting of the proposed easement is supported by Saint John Energy and
Aliant Telecom Inc., and will protect an existing overhead pole line in front of the
townhouse building. Therefore, assent of the proposed public utility easement is
recommended.
34
M & C — 2011 — 026 - 2 - February 7, 2011
RECOMMENDATION:
That Common Council assent to the submitted Amending 639955 N.B. Ltd.
Subdivision with respect to any necessary public utility easements.
Respectfully submitted,
Ken Forrest, MCIP, RPP
Commissioner
Planning and Development
J. Patrick Woods, CGA
City Manager
MO
Project No. 08 -221
35
PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT
RM -1 '•�
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iririri ririreriri■)rtrir,rirts
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PID(s) /NIP(s):
Subject Site /site en question: 55116735
Location: 20 -30, chemin Pokiok Road
Date: February 7 Wrier 2011
Scale / &chelle: Not to scale /Pas A Mchelle
36
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Mayor Ivan Court
Mayor's Office
Bureau du maire
WHEREAS:
PRO CLAMA TION
February 15th to March 15th, 2011 is YMCA Strong Kids
month; and
WHEREAS: YMCA is a charity focused on community support and
development. Their aim is to foster the growth of all
persons in spirit, mind and body and heighten their sense
of responsibility to each other and the global
community; and
WHEREAS: YMCA in Canada was established close to 160 years
ago as a charity dedicated to the health of both
individuals and communities and communities. Their
focus on inclusiveness and accessibility means we serve
people of all ages, backgrounds and abilities through all
stages of life. Through YMCA financial assistance
programs, the YMCA is accessible to all; and
WHEREAS: we see a day when more people, especially children and
youth, connect with each other, give of themselves, and
grow in their sense of purpose and belonging. We
envision an inclusive society where everyone, regardless
of their background, experiences, or circumstances,
participates fully. The YMCA works towards building a
community characterized by strong, supportive
connections between individuals and among groups;
and
(PI
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.P. 1971 Saint john, N. -B. Canada E2L 4L1
38
WHEREAS: YMCA's across the country raise funds through the
YMCA Strong Kids campaign. Funds generated
through this annual campaign ensure that no one is
denied access to YMCA programs and services. In our
community, over 578 individuals are currently provided
financial assistance;
NOW THEREFORE: I, Mayor Ivan Court, ��Iof Saint
John do hereby proclaim the month of February 15 1h to March 15` , 2011 as
"YMCA Strong Kids Month" in the City of Saint John.
In witness whereof I have set my hand and affixed the official seal of the
Mayor of the City of Saint John.
39
The City of Saint John
Mayor Ivan Court
Mayor's Office
Bureau du maire
SAINT JOHN
WHEREAS:
WHEREAS:
WHEREAS:
PROCLAMATION
the right to pursue the truth through free inquiry is
essential to democratic decision - making; and
the freedom to read is the essence of free inquiry; and
the freedom to read is under assault from left to right in
our society;
NOW THEREFORE: I, Mayor Ivan Court, 6�JofSaint
John do hereby proclaim the week of February 201 to 26` , 2011 Freedom to
Read Week in Saint John and recognize, reaffirm and defend the right of the
citizens of this community individually to decide what he or she will or will
not read (the freedom to read);
and further in support of this decision, this Council, on behalf of the citizens
of Saint John, proclaims this city henceforth a Freedom to Read Zone in
which the freedom to read is inviolable.
In witness whereof I have set my hand and affixed the official seal of the
Mayor of the City of Saint John.
P.O. Box 1971 Saint John, NB Canada E21- 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
40
�- I
A LAW TO AMEND
BY -LAW NUMBER BIA -2
BUSINESS IMPROVEMENT LEVY BY -LAW
Be it enacted by the Common Council of the City
of Saint John as follows:
The Business Improvement Levy By -law
of The City of Saint John enacted on the third day
of January, 2006, is amended by:
ARRETE MODIFIANT
ARRETE No BIA -2
ARRETE CONCERNANT LA
CONTRIBUTION POUR L'AMELIORATION
DES AFFAIRES
Le conseil communal de The City of Saint John
decrete ce qui suit :
L'arrete concernant la contribution pour
l'amdlioration des affaires de The City of Saint
John decrete le 3 janvier 2006 est modifie par:
1 Repealing section 2 thereof and inserting 1 ('abrogation de Particle 2 aux presentes et
the following: l'ajout du texte qui suit :
2 A levy of 16 cents for each one hundred
dollars of assessed value is hereby imposed for
2011 upon non - residential property within the
Business Improvement Area established by By -law
No. BIA -1 Business Improvement Area By -law
enacted on the 50' day of January, 2004.
IN WITNESS WHEREOF The City of Saint John
has caused the Common Seal of the said City to be
affixed to this by -law the 1 st day of February, A.D.
2010 and signed by:
Mayor /maire
2 Par la presente, une contribution de
16 cents par tranche de cent dollars par rapport a la
valeur fixee est imposee pour l'annee 2011 sur les
immeubles non residentiels situes a l'interieur de la
zone d'amelioraticn des affaires etablie en vertu de
1'Arrete n° BIA -1 relatif a la zone d'am6lioration
des affaires edicte le 5 janvier 2004.
EN FOI DE QUOI, The City of Saint John a fait
apposer son sceau communal sur le present arrete le
01, fevrier 2010, avec les signatures suivantes :
Common Clerk/Greffiere communale
First Reading -
Premiere lecture
Second Reading -
Deuxieme lecture
Third Reading -
Troisieme lecture
41
BUSINESS IMPROVEMENT LEVY
Public Notice is hereby given that the Common
Council of The City of Saint John has been
requested by the Board of Directors of Uptown
Saint John Inc. and intends to consider approving a
budget for the designated Business Improvement
Area, at its regular meeting to be held in the
Council Chamber on Monday, February 14th,
2011 at 7:00 p.m.
The proposed budget for the Business Improvement
Area is as follows:
REVENUE
BIA Levy
$311,899.05
Employment Grants
3,000.00
Bad Debts Recovered
2,000.00
Capital Interest Waterfront Dev.
15,000.00
Events
6,000.00
Co- operative Marketing Campaigns
25,000.00
Miscellaneous Revenue
2.000.00
Total Revenue
$364,899.05
EXPENDITURES
Urban Design & Development
$18,900.00
Waterfront Development
15,000.00
Marketing
58,275.00
Environment
7,000.00
Events
19,000.00
Communications
5,949.05
Annual Meeting and Awards
10,000.00
Operations
230,775.00
Total Expenditures
5364,899.05
The proposed levy to be imposed on non-
residential property within the designated business
improvement area is 16 cents per $100.00 of
assessment for 2011.
Pursuant to the Business Improvement Areas Act
the said proposed budget shall not be approved if
objections in writing are filed with the undersigned
not later than February 3rd, 2011 jointly or
independently by one -third or more of all non-
residential users or by non - residential users who
would together be liable to pay one -third or more
of the amount to be raised by a levy.
Elizabeth Gormley, Common Clerk
658 -2862
TAXE SUR L'AMELIORATION
DES AFFAIRES
Par les pr6sentes, un avis public est donne
par lequel le conseil communal de The City of
Saint John, a la demande du conseil
d'administration de Uptown Saint John Inc.,
indique son intention d'approuver un budget pour la
zone d'amelioration des affaires d6sign6e lors de ]a
reunion ordinaire qui se tiendra le
lundi 14 fevrier 2011 A 19 h.
Le budget propose pour la zone d'amelioration des
affaires se r6partit comme suit :
RECETTES
Taxe sur la zone d'amelioration des
affaires
311 899.05$
Subventions a 1'emploi
3000.00
Recouvrement de mauvaises cr6ances 2 000.00
Participation au capital visant
15 000.00
1'am6nagement riverain
Environnement
Ev6nements
6000.00
Campagnes de mercatique symbiotique 25 000.00
Recettes diverses
2000.00
Recettes totales
364,899.05$
DEPENSES
Conception et planification urbaine
18900.00$
Am6nagement riverain
15 000.00
Marketing
58 275.00
Environnement
7000.00
Ev6nements
19 000.00
Communications 5949.05
Assembl6e annuelle et prix 10 000.00
Exploitation 230 775.00
D6penses totales 364,899.05$
La taxe pr6vue sur les biens -fonds non r6sidentiels
situes dans la zone d'amelioration des affaires
designde sera de 0,16 $ par tranche de 100 $
d'6valuation pour 1'an 2011.
En vertu de la Loi stir les zones d'amOioration des
affaires, le budget prdvu ne doit pas etre approuv6
si des objections par 6crit sont d6pos6es au
soussigne au plus tard le 3 fevrier 2011,
conjointement ou ind6pendamment, par un tiers ou
plus de tous les utilisateurs non r6sidentiels ou par
un groupe d'utilisateurs non r6sidentiels qui
seraient responsables de payer un tiers ou plus du
montant a prelever au moyen d'une taxe.
Elizabeth Gormley, Greffi6re communale
458 -2862
City of Saint John
INTERNAL INSERTION ORDER
tFor City of Saint John use only:
Budget Number: 110 0801442 2010
De artment_ Common Clerk's Office (Account # 71206
Contact: Elizabeth Gormley
Phone: (506) 658 -2862 Fax: (506) 674 -4214
Special Instructions (if any): Public hearing - Business Improvement Area
Newspaper
Insertion Dates
(Check as applicable)
(SJTJ= Saint John Telegraph Journal)
SJTJ City Information Ad
SJTJ Independent Placement
Date(s): Tuesday, January IIth, 2011
Date(s): Tuesday, January 18th, 2011
Information for Ad
(Boldface anything you want Bold in Ad, Centre, Tab, etc.)
Section Headline: ❑ General Notice ❑ Tender ❑ Proposal
® Public Notice
Sub - Headline (if applicable):
Text:
INSERT ATTACHED
Call to Action: Elizabeth Gormley, Common Clerk/Greffi6re communale
Contact:
Telephone: (506) 658 -2862
43
2011 USJI Proposed Budget
$ 18,000.00
Waterfront Development
$ 15,000.00
2011 Revised
REVENUE
Environment
$ 6,000.00
BIA Levy
$
303,854.08
Employment Grants
$
3,000.00
Bad Debts Recovered
$
2,000.00
Capital Account Interest for Waterfront Development
$
15,000.00
Events
$
6,000.00
Co- operative Marketing Campaigns
$
25,000.00
Miscellaneous Revenue
$
2,000.00
TOTAL REVENUE
$
356,854.08
EXPENDITURES
Urban Design & Development
$ 18,000.00
Waterfront Development
$ 15,000.00
Marketing
$ 56,000.00
Environment
$ 6,000.00
Events
$ 18,000.00
Communications
$ 5,000.00
Annual Meeting and Awards
$ 7,000.00
Operations
$ 230,775.00
Non- Recoverable
$ 1,079.08
TOTAL EXPENDITURES
$ 356,854.08
..
9.2,
BY -LAW NUMBER M -23
A BY -LAW TO AMEND
A BY -LAW RESPECTING THE
STOPPING UP AND CLOSING OF
HIGHWAYS IN THE CITY OF SAINT
JOHN
ARRETE No M -23
ARRETE MODIFIANT
L'ARRETE SUR L'INTERRUPTION DE
LA CIRCULATION ET LA FERMETURE
DES ROUTES DANS THE CITY OF
SAINT JOHN
Be it enacted by the Common Council of Lors d'une reunion du conseil communal,
The City of Saint John as follows: The City of Saint John a d6cr6t6 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 nineteenth day of December,
A.D. 2005, is hereby amended by adding thereto
Section 216 immediately after Section 215 thereof,
as follows:
216 The City of Saint John does hereby stop
up and close permanently the following portion of
highway:
Main Street: All that portion of Main Street, a
public street in the City of Saint John, in the
County of Saint John, in the Province of New
Brunswick being more particularly described as
follows:
Beginning at a point on the western side of Bridge
Street, at its intersection with the northern side of
Main Street. Thence westward 43.19 metres along
the northern side of Main Street to the eastern
boundary of PID 55151534. Thence southward
20.12 metres along the eastern side of PID
55151534 to the southern side of Main Street.
Thence eastward 41.35 metres along the south side
of Main Street to the comer of Bridge Street.
Thence northward along the western side of Bridge
Street to the northern side of Main Street, at its
intersection with the western side of Bridge Street,
the point of beginning.
A tract of land containing an area of 850 square
metres and being more particularly shown on a
Plan of Survey Showing portion of Main Street,
City of Saint John, Saint John County, New
Brunswick, prepared by Kierstead Quigley and
Roberts Ltd. and dated December 21, 2010, said
plan signed by Steven R. Saunders, New
Brunswick Land Surveyor.
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. 2011 and signed by:
1 Par les pr6sentes, I'arrete de The City of
Saint John intitule, «L'arret6 sur ('interruption de
la circulation et la fermeture des routes dans The
City of Saint John », d6cret6 le 19 d6cembre 2005,
est modifi6 par I'ajout de Particle 216
imm6diatement apres ]'article 215, comme suit:
216 Par les pr6sentes, The City of Saint John
barre et ferme de faron permanente la portion
d'une route suivante :
Rue Main: La totalit6 d'une partie de la Rue
Main, une rue publique situ6e dans The City of
Saint John, dans le comt6 de Saint John et dans la
province de Nouveau - Brunswick 6tant d6crite plus
precis6ment comme suit :
Partant d'un point du c6t6 ouest de la Rue Bridge, a
son intersection avec le c6t6 nord de la Rue Main.
De la, vers I'ouest 43,19 metres longeant le cot6
nord de la Rue Main jusqu'au c6t6 est du NID
55151534. De 1a, 20,12 metres longeant le c6t6 est
du NID 55151534 jusqu'au cote sud de la Rue
Main. De la, 41,35 metres vers 1'est longeant le
c6t6 sud de la Rue Main jusqu'a 1'extr6mit6 ouest
de ]a Rue Bridge. De la, vers le nord longeant le
cot6 ouest de la Rue Bridge jusqu' a son
intersection avec le c6t6 nord de la Rue Main, le
point de d6part.
Une 6tendue de terrain comprenant une superficie
de 850 metres carr6s et 6tant design6e plus
particulierement sur un plan d'arpentage indiquant
une partie de la Rue Main, Ville de Saint John,
Comt6 de Saint John, Nouveau - Brunswick, pr6pare
par Kierstead Quigley and Roberts Ltd., dat6 du 21
d6cembre 2010 et sign6 par Steven R. Saunders,
arpenteur- g6om6tre du Nouveau - Brunswick.
EN FOI DE QUOI, The City of Saint John a fait
apposer son sceau communal sur le present arr6t6 le
** * * * * ** 2011, avec les signatures suivantes :
Mayor/Maire
Common Clerk/Greffi6re communale
First Reading - Premiere lecture -
Second Reading - Deuxi6me lecture -
Third Reading - Troisieme lecture -
45
STREET CLOSING
MAIN STREET
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 a Highway In The City
of Saint John" at its regular meeting to be held on
Monday, February 14, 2011 at 7:00 p.m. to stop
up and close the following portion of highway:
Main Street: All that portion of Main Street, a
public street in the City of Saint John, in the
County of Saint John, in the Province of New
Brunswick being more particularly described as
follows:
Beginning at a point on the western side of Bridge
Street, at its intersection with the northern side of
Main Street. Thence westward 43.19 metres along
the northern side of Main Street to the eastern
boundary of PID 55151534. Thence southward
20.12 metres along the eastern side of PID
55151534 to the southern side of Main Street.
Thence eastward 41.35 metres along the south side
of Main Street to the corner of Bridge Street.
Thence northward along the western side of Bridge
Street to the northern side of Main Street, at its
intersection with the western side of Bridge Street,
the point of beginning.
A tract of land containing an area of 850 square
metres and being more particularly shown on a
Plan of Survey Showing portion of Main Street,
City of Saint John, Saint John County, New
Brunswick, prepared by Kierstead Quigley and
Roberts Ltd. and dated December 21, 2010, said
plan signed by Steven R. Saunders, New
Brunswick Land Surveyor.
(INSERT PLAN)
The proposed amendment and plan of the above
described portion 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 of 8:30 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 RUE
RUE MAIN
Par les pr6sentes, un avis public est donn6 par
lequel le conseil de The City of Saint John indique
son intention de modifier 1'« ar8t6 concemant la
fenneture de routes dans The City of Saint John
lors de la r6union ordinaire qui se tiendra le lundi,
14 f6vrier 2011 1 19 h afin de fermer et de barrer
le trongon de route suivant :
Rue Main : La totalit6 d'une partie de la Rue
Main, une rue publique situ6e dans The City of
Saint John, dans le comt6 de Saint John et dans ]a
province de Nouveau - Brunswick 6tant d6crite plus
pr6cis6ment comme suit:
Partant d'un point du c6t6 ouest de la Rue Bridge, a
son intersection avec le c6t6 nord de la Rue Main.
De 16, vers Fouest 43,19 metres longeant le cot6
nord de la Rue Main jusqu'au c6t6 est du NID
55151534. De ]a, 20,12 metres longeant le c6t6 est
du NID 55151534 jusqu'au cote sud de la Rue
Main. De la, 41,35 metres vers 1'est longeant le
cote sud de la Rue Main jusqu'a 1'extr6mit6 ouest
de la Rue Bridge. De la, vers le nord longeant le
cot6 ouest de la Rue Bridge jusqu' a son
intersection avec le cote nord de la Rue Main, le
point de d6part.
Une 6tendue de terrain comprenant une superficie
de 850 metres carr6s et 6tant d6sign6e plus
particuli6rement sur un plan d'arpentage indiquant
une partie de ]a Rue Main, Ville de Saint John,
Comt6 de Saint John, Nouveau - Brunswick, pr6par6
par Kierstead Quigley and Roberts Ltd., dat6 du 21
d6cembre 2010 et sign6 par Steven R. Saunders,
arpenteur- g6ometre du Nouveau - Brunswick.
(IN SERER LE PLAN)
Toute personne int6ress6e peut examiner le projet
de modification et le plan des trongons de route
d6crits ci- dessus au bureau du greffier communal a
1'h6tel de ville au 15, Market Square, Saint John
(N. -B.), entre 8 h 30 et 16 h 30 du lundi au
vendredi, sauf les jours f6ri6s.
Veuillez faire part de vos objections au projet de
modification par 6crit a Pattention du soussign6 a
1'h6tel de ville.
W
rn
10
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Showing portion of
Main Street
Montront une portion de
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Po<- -A R 5o% lb - 37!•. ►.v 163 g$ b rue Main
Pion F7. /d-k, 27. Ile. 70
F+o/W* 373795 >�o1li City of Saint Jahn
Vale de Saint John
Saint John County, N.B.
Comt6 de Saint John, N.B.
Mon SK..t - P.W. Sb-t UIKGW -
FA. CkY of Sant .bh,, SWt. of M.. 9—ki, � n..,t t�
1917, 3 ctdp Y, trop,
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0 71 drewrw mb
112
DW9. No. 3069
47
IU. l
BY -LAW NO.:MV -10
A LAW TO AMEND A BY -LAW
RESPECTING TRAFFIC ON STREETS IN
THE CITY OF SAINT JOHN MADE UNDER
THE AUTHORITY OF THE MOTOR
VEHICLE ACT, 1973, AND AMENDMENTS
THERETO
ARRETE NO: MV -10
ARRETk MODIFIANT L'ARRETI? RELATIF
A LA CIRCULATION DANS LES RUES
DANS THE CITY OF SAINT JOHN EDICTE
CONFORMEMENT A LA LOI SUR LES
VkHICULES A MOTEUR (1973) ET LES
MODIFICATIONS AFFERENTES
Be it enacted by the Common Council of Lors d'une reunion du Conseil municipal,
The City of Saint John as follows: The City of Saint John a decrete ce qui suit :
A By -law of The City of Saint John
entitled "A By -law Respecting Traffic On Streets
In The City of Saint John Made Under The
Authority of The Motor Vehicle Act, 1973, and
Amendments Thereto ", enacted on the 19's day of
December, A.D. 2005, is hereby amended as
follows:
1 Schedule B — No Parking Anytime - is
amended by adding the following words under the
following headings:
Street Side Limits
Duke St. West South Champlain St.
to City Line
2 Schedule D — One Way Street - is amended
by adding the following words under the
following headings:
Street Limits Direction
Lancaster St. Duke St. Southerly
West
To
Guilford
St.
Par les presentes, 1'arrete de The City of
Saint John intituld « Arrete relatif a la circulation
dans les rues dans The City of Saint John ddicte
conformement a ]a Loi sur les vehicules a moteur
(1973) et les modifications afferentes », decrete le
19 decembre 2005, est modifie comme suit:
1 L'Annexe B — Interdiction de stationner en tout
temps — est modifiee par I'adjonction des mots
suivants sous les titres suivants :
Rues Cote Limites
Rue Duke Sud De la rue
Ouest Champlain a la
City Line
2 L'Annexe D — Rues a sens unique — est
modifiee par I'adjonetion des mots suivants sous
les titres suivants:
Rues Limites Direction
Rue Lancaster De la rue Sud
Duke
Ouest a
la rue
Guilford
IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John a fait
Saint John has caused the Corporate apposer son sceau municipal sur le present arrete
Common Seal of the said City to be affixed le 2011, avec les signatures
to this by -law the day of suivantes
, A.D. 2011 signed by:
Mayor /Maire
Common Clerk/greffiere communale
First Reading - January 31, 2011 Premiere lecture
Second Reading - January 31, 2011 Deuxieme lecture
Third Reading - Troisieme lecture
.•
- le 31 janvier 2011
- le 31 janvier 2011
10 , 2,
BY -LAW No.: MV -10
A LAW TO AMEND A BY -LAW
RESPECTING TRAFFIC ON STREETS IN
THE CITY OF SAINT JOHN MADE UNDER
THE AUTHORITY OF THE MOTOR
VEHICLE ACT, 1973, AND AMENDMENTS
THERETO
ARRETE No: MV -10
ARRETE MODIFIANT L'ARRETE RELATIF
A LA CIRCULATION DANS LES RUES DE
THE CITY OF SAINT JOHN EDICTE
CONFORMEMENT A LA LOI SUR LES
VEHICULES .A MOTEUR (1973) ET
MODIFICATIONS AFFERENTES
Be it enacted by the Common Council of Lors d'une r6union du conseil municipal,
The City of Saint John as follows: The City of Saint John a d6cr&6 ce qui suit :
A By -law of The City of Saint John
entitled "A By -law Respecting Traffic On Streets
In The City of Saint John Made Under The
Authority of The Motor Vehicle Act, 1973, and
Amendments Thereto ", enacted on the 19`h day of
December, A.D. 2005, is hereby amended as
follows:
1 Schedule M -1 — 60 km/h Speed Limit - is
amended by adding the following words under the
following headings:
Street Limits
Loch Lomond Rd. Linda Ct. to a point
located 300 meters west
of McAllister Dr.
Loch Lomond Rd. a point located 300 metres
east of Hickey Rd. to
Evergreen Ave.
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
January, A.D., 2011 signed by:
Par les presentes, I'arret6 de The City of
Saint John intitul6 « Arrdt6 relatif a ]a circulation
dans les rues de The City of Saint John 6dict6
conform6ment a la Loi sur les vehicules ii moteur
(1973) et modifications aff6rentes », d6cr&6 le 19
d6cembre 2005, est modifi6 comme suit :
1 L' Annexe M -1 — vitesse maximale autoris6e
de 60 km/h - est modifiee par Padjonction des mots
suivants sous les titres suivants :
Rues Limites
Ch. Loch Lomond de ]'impasse Linda a
un point situ6 a 300 metres
a l'Ouest de la Pr. McAllister
Clt. Loch Lomond d'un point situd a 300 metres
A I'Est du ch. Hickey a
]'avenue Evergreen
EN FOI DE QUOI, The City of Saint John a fait
apposer son sceau municipal sur le pr6sent arr&d
le janvier 2011, avec les signatures
suivantes :
Mayor /maire
Common Clerk/greffiere communale
First Reading - January 31``, 2011 Premiere lecture - le 31 janvier 2011
Second Reading - January 31``, 2011 Deuxieme lecture - le 31 janvier 2011
Third Reading - Troisi6me lecture -
� gr \
February 11, 2011
Mayor and Council
Re: P reading Winter Overnight Parking Ban
In preparation of this submission I consulted with the Clerk's office which consulted with the
Solicitor's office in order to establish that the proposed motion would be in order.
I submit to council that in its P reading of the bylaw that it include in the schedule of street
exemptions: "Douglas Ave, East Side, from main Street to Bridge Street ".
I was reminded once by citizens of this particular area of the significance of this addition to the
exemption list. Douglas Ave. is one of the City's older streets and as such has challenges with
off street parking. This has been recognized by exempting the first half of Douglas Ave (from
Main Street). This fact further creates an apparent unfairness when one '/2 of the street can park
on the street and the other 'h cannot and yet they share the same parking challenges.
Motion: Add to the Overnight Winter Parking Ban schedule of street exemptions: Douglas
Ave, East Side, from Main Street to Bridge Street.
Note: On the morning 1 wrote this submission, I visited Douglas Ave and observed that the
section currently exempting overnight parking has no significant difference in snow removal
results. The fact that parking is banned on one side of Douglas Ave has achieved the objectives
of clearing the street of snow to permit the proper conveyance of traffic.
Stephen Chase
Deputy Mayor
City of Saint John
lr -
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
50
His Worship Ivan Court and
Members of Common Council
Your Worship and Councillors:
RE: Southern Lancaster Street Area of Lower West
Overview:
February 10. 2011
On January 17", 2011 Council considered whether to exempt Lancaster Street between Clarence
Street and Sutton Street, with alternate side parking. Council decided not to provide alternate
side parking given the opportunity to park to the rear of certain properties (see Report of January
11, 2011 regarding Overnight Winter Parking Restriction).
Livability is a key to the future within our dense urban neigbourhoods. Convenient and close
access to parking is important to those with families, particularly small children. Parking is also
of significant importance to landlords when attempting to rent apartments. Within the section of
Lancaster Street noted above many of the residents have families and many of the property
owners are landlords with multi -unit buildings.
Alternate side street parking would permit a much more livable neigbourhood in this area in that:
1. removal of valuable green space would be avoided;
2. the closest alternate street, Sutton Street, is not a practical alternative parking location as
it is a short steep hill with three to four driveways on it;
3. the other alternative, Woodville Road, is a main bus route and significant parking on that
street may interfere with plowing operations; and
4. it would allow residents to park closer to their homes (at present some parents have to
park 3 - 4 blocks away and carry small children down the street without sidewalks) - the
sidewalk in this area is not cleared during the winter.
Motion: That the City Manger request the appropriate City staff to prepare advice as to the
necessary steps to provide for alternate side parking on Lancaster Street between Clarence Street
and Sutton Street.
Yours very truly,
Mel K. Norton
Councillor
aint John City Council
�r
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
51
10. 1
BY -LAW NO.: MV -10
A LAW TO AMEND A BY -LAW
RESPECTING TRAFFIC ON STREETS IN
THE CITY OF SAINT JOHN MADE UNDER
THE AUTHORITY OF THE MOTOR
VEHICLE ACT, 1973, AND AMENDMENTS
THERETO
ARRETE NO: MV -10
ARRETE MODIFIANT L'ARRETE RELATIF
A LA CIRCULATION DANS LES RUES
DANS THE CITY OF SAINT JOHN EDICTS
CONFORMEMENT A LA LOI SUR LES
VEHICULES A MOTEUR (1973) ET LES
MODIFICATIONS AFFERENTES
Be it enacted by the Common Council of Lors d'une reunion du conseil municipal.
The City of Saint John as follows: The City of Saint John a decrdtd ce qui suit :
A By -law of The City of Saint John
entitled "A By -law Respecting Traffic On Streets
In The City of Saint John Made Linder The
Authority of The Motor Vehicle Act, 1973, and
Amendments Thereto ", enacted on the 19 °i day of
December, A.D. 2005, is hereby amended as
follows:
1 Schedule H — Alternate Side Parking
November 15 — April 30 - is amended by adding
the following words under the following headings :
Street Limits
Winslow St. Lancaster St. to Watson St.
Third St. Cranson Ave. to Dead End
Woodlawn St. Catherine St. to Dead End
Ave.
King St. W. Watson St. to Market Place
Saint George Lancaster St. to Watson St.
Sutton Lancaster St. to City Line
Tower St. Watson St. to Ludlow St
Watson St.
King St. W to Prince St.
Watson St.
Saint George St. to Rodney St.
Bridge St.
Main St. to Dead End
Waring St.
Cunard St. to Dead End
Gooderich St.
Wright St. to Seeley St.
Rockland Rd.
Parks St. to Dead End
2 Schedule R — List of Streets Excluded from
Winter On- Street Parking Restriction - is amended
by adding the following words under the following
headings :
Par les presentes, 1'arret6 de The City of
Saint John intituld a Arretd relatif a la circulation
dans les rues dans The City of Saint John edictd
conformement a la Loi sur les vehicules d motew-
(1973) et les modifications afferentes », decrete le
19 ddcembre 2005, est modifie comme suit :
1 L'Annexe H — Stationnement unilateral alternd
du 15 novembre au 30 avril -- est modifide par
I'adjonction des mots suivants sous les titres
suivants :
Rues Limites
Rue Winslow de la rue Lancaster a la rue
Watson
Rue Third de 1'ave Cranston au cul de sac
Ave Woodlawn de la rue St. Catherine au cul de
Sac
Rue King Ouest de la rue Watson a la place
Market
Rue St. George de la rue Lancaster a la rue
Watson
Sutton de la rue Lancaster a la City Line
Rue Tower de la rue Watson a la rue Ludlow
Rue Watson de la rue King Ouest a la rue Prince
Rue Watson de la rue Saint George a la rue
Rodney
Rue Bridge de la rue Main au cul de sac
Rue Waring de la rue Cunard au cul de sac
Rue Gooderich de la rue Wright a la rue Seeley
Ch. Rockland de la rue Parks au cul de sac
2 L'Annexe R — Liste des rues exemptes de la
restriction de stationnement sur rue pendant
l'hivers — est modifiee par 1'adjonction des mots
suivants sous les titres suivants :
52
Street Limits
Winslow St. Lancaster St. to Watson St.
Third St. Cranston Ave. to Dead End
Woodlawn St. Catherine St. to Dead End
Ave.
Rues Limites
Rue Winslow de Ia rue Lancaster a la rue
Watson
Rue Third de 1'ave Cranston au cut de sac
Ave Woodlawn de la rue St. Catherine au cut
de sac
3 Schedule R — List of Streets Excluded from 3 L'Annexe R — Liste des rues exemptes de la
Winter On -Street Parking Restriction - is amended restriction de stationnement sur rue pendant
by deleting the following words under the I'hivers — est modifide par la suppression des mots
following headings : suivants sous les titres suivants :
Street Limits Rues Limites
Victoria Lane Entire Ruelle Victoria en entier
IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a fait
has caused the Corporate Common Sea] of the said apposer son sceau municipal sur le prdsent arretd
City to be affixed to this by -law the day le 2011, avec les signatures
of , A.D. 2011 signed by: suivantes :
Mayor /Maire
Common Clerk/greffiere communale
First Reading - January 31, 2011 Premiere lecture
Second Reading - January 31, 2011 Deuxidme lecture
Third Reading - Troisieme lecture
53
- le 31 janvier 2011
- le 31 janvier 2011
r�i icy
February 2,2011
Mayor Ivan Court
and Members of Common Council,
I am submitting my name to the nominating committee for consideration
re: appointment to the New Economic Development Task Force.
Respectfully,
(Received by email)
Councillor Patty Higgins
SAINT JOHN
—tom
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
54
02/14/11
Your Worship Ivan Court
Members of Common Council
City of Saint John
Dear Mayor Court and Members of Council
Motion: Council designate city lands to the east of Sandy Point Road as part of Rockwood
Park.
Given that the Common Council of the City of Saint John has decided not to change zoning of
city lands to the west of Sandy Point Road and that a moratorium on the development of city
lands is still in place, this motion will solidify the western boundary of Rockwood Park.
Respectfully Submitted,
Gary Sullivan
%a - --
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John, N. -B. Canada E2L 4L1
55
jr,
His Worship Ivan Court and
Members of Common Council
Your Worship and Councillors:
RE: Rockwood Park
Overview:
February 10, 2011
On January 31", 2011 Council voted to forgo referring contemplated development within the
commonly understood boundaries of Rockwood Park to PAC for a public hearing. The public
largely supports entrenching and establishing the boundaries of Rockwood Park as generally
being the roadways around the perimeter of Rockwood Park.
Motion: That the City Manger request the appropriate City staff prepare advice to City Council
as to the necessary steps to establish and entrench the boundaries of Rockwood Park as being the
current existing roadways around the perimeter of Rockwood Park.
Yours very truly,
Mel K. Norton
Councillor
Saint John City Council
G--41
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
56
4
The City of Saint John
February 14, 2011
Your Worship Mayor Ivan Court &
Members of Common Council:
Issue: Town Hall Meetings (West) Follow -Up and Action Steps - Properties
Context: At the recent Town Hall meeting in West Saint John the issue of unpleasant properties
arose.
• In particular, several residents from Pickard Street had concerns regarding a particular property
on Manawagonish Road
• Properties identified were located at:
i 899 Manawagonish Rd
All 1201 Manawagonish Rd
r 1081 Manawagonish Rd
Motion: That the City Manager direct the appropriate City of Saint John Staff to open discussions with
the owners of the above - listed properties on Manawagonish Road to begin a process of remediation.
A report back to Council is requested.
._, spectful ub ' t d,
Pte McGuire
Councillor — City of Saint John
SAINT JOHN
P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
57
� lip
February 14, 2011
Your Worship Mayor Ivan Court &
Members of Common Council:
Issue: Provincial Assistance on Vacant / Derelict Buildings
Context: I have been advised that the meetings with our Staff and Provincial Staff on this file are
both positive and productive. Provincial co- operation is very much appreciated by The City of Saint
John.
It appears Provincial Staff are working towards a March (Spring Legislature) Session as an outcome date
for the required amendments to be enacted.
Motion: That the Mayor immediately send a letter of thanks to Minister of Local Government Bruce
Fitch and his Deputy Minister Sylvie Levesque -Finn for their valued support on this file.
#Rest II b t ed,
G
Councillor — City of Saint John
1 04-
SAINT JOHN
----------
P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1
REPORT TO COMMON COUNCIL
OPEN SESSION
M &C2011 -032
February 10, 2011
His Worship Ivan Court
and Members of Common Council
Your Worship and Councillors:
SUBJECT
Dangerous and Unsightly conditions at 32 Midwood Avenue, PID # 345074
BACKGROUND
City of Saim John
At the December 20, 2010 meeting of Common Council, staff submitted a report
concerning dangerous and unsightly conditions at 32 Midwood Avenue
(attached), with a recommendation that two dangerous structures be demolished
and the property cleaned up of the unsightly items.
A Notice to Comply was issued to the owner on September 3, 2010, identifying
the dangerous and unsightly conditions and requiring that the conditions be
remedied by repair or demolition. The owner appealed the Notice and on October
5, 2010, the Saint John Substandard Properties Appeal Committee heard
arguments from the City and the property owner and his representative. The
Committee upheld the Notice to Comply and their decision was served on the
property owner on November 9, 2010.
The Notice to Comply had not been complied with by the November 7, 2010
deadline. Pursuant to section 190 of the Municipalities Act, where a Notice to
Comply has been issued arising from a condition where a structure has become a
hazard to the safety of the public by reason of dilapidation or unsoundness of
structural strength, the municipality may cause the structure to be demolished; the
municipality may, where a Notice to Comply has been issued arising from an
unsightly condition, cause the property to be cleaned up. This was the subject of
the City Manager's report on December 20, 2010.
59
M & C 2011— 32 - 2 - February 10, 2011
For the Council meeting of December 20, 2010, the owner of 32 Midwood
Avenue, Mr. Rodney McGrath, submitted a letter to Council requesting an
extension to the end of January 2011 so that he could obtain legal representation.
Mr. McGrath's letter was referred to the City Solicitor for a report and
recommendation, which was provided at Committee of the Whole on January 17,
2011. The following resolution was adopted on January 17, 2011:
"RESOLVED that Council agrees to hear from the property owner of 32
Midwood Avenue in Saint John, New Brunswick, subsequent to Council
receiving a written submission from the property owner with respect to the
structural integrity of the buildings located on said property."
On January 26, 2011, Mr. McGrath submitted a letter to Common Council
requesting to present to Council to address the structural soundness of the various
structures on his property. The following resolution was adopted on January 31,
2011:
"That the letter dated January 26, 2011 from R. McGrath regarding a
presentation to Common Council be referred to the Clerk to schedule a
presentation for the Council meeting of February 14, 2011."
ANALYSIS
Several staff of the Buildings and Inspection Services Department that are
registered professional engineers have inspected the structures in question and
have come to the determination that the structures are a hazard to the safety of the
public by reason of structural unsoundness. As required by the Municipalities
Act, a report from an engineer (Mr. David Crawford, P.Eng. Deputy Building
Inspector) was provided and attached to the Notice to Comply, detailing the
dangerous and unsightly conditions. Ms. Amy Poffenroth, P.Eng. Deputy
Commissioner and Mr. William Edwards, P.Eng. Building Inspector have also
attended at the site and inspected the structures in question.
To confirm staff's findings of the structures' unsoundness, staff engaged Mr.
Daniel Estabrooks, P.Eng. of Estabrooks Engineering Inc. Structural Consultants
to inspect the property and provide an assessment regarding the ship structure's
structural soundness (May 27, 2010 letter, page 3). Mr. Estabrooks was also
engaged to provide an assessment of two additions to the main house that were
being constructed by Mr. McGrath and under the direction of John Johnson,
P.Eng. Further to Mr. Estabrook's letter of May 27, 2010, staff requested more
detailed information concerning the structural integrity of the ship structure; this
is provided in the February 11, 2011 letter where Mr. Estabrooks states that, in his
opinion, the structure in question is structurally unsound. Mr. Estabrooks' letters
of May 27, 2010 and February 11, 2011 are attached for Council's review.
.c
M & C 2011— 32 - 3 - February 10, 2011
Attached to this report for council's review and consideration is a supplementary
report of Mr. David Crawford, Deputy Building Inspector, with coinciding
photographs, describing and depicting in more detail the components of the ship
structure and sculpture that give rise to the determination that the structures are
unsound. Staff is prepared to answer any questions and provide further
information at the meeting of February 14, 2011.
RECOMMENDATION
Your City Manager recommends that this report and attachments be received and
filed.
Respectfully submitted,
L
Amy Poffenroth, P. Eng., MBA
Deputy Commissioner
Buildings and Inspection Services
Patrick Woods, CGA
City Manager
Attachments
61
REPORT TO COMMON COUNCIL
OPEN SESSION
M &C2010 -407
December 13, 2010
His Worship Ivan Court
and Members of Common Council
Your Worship and Councillors:
SUBJECT
City of Sain[ John
Demolition of unsound structures and cleanup of property at 32 Midwood Avenue,
PID# 345074
BACKGROUND
The property at 32 Midwood Avenue is in violation of the Saint John Unsightly Premises
and Dangerous Buildings By -law. This property has been the subject of an open
investigation since July 2009 when complaints about the property's condition were first
reported.
The right and rear yards of the property are generally cluttered with amounts of recycled
materials, scrap lumber, other discarded construction materials, piles of gravel, stacks of
windows, automobile parts and pieces of metal. These conditions are unsightly and pose
a tripping hazard to anyone who may be walking in the yard. This could include
emergency responders, owners of the property, neighbours or children.
In the rear yard of the property there are two structures that were constructed without a
building permit. One of the structures resembles a pirate ship approximately 5 metres in
height and has three different levels. It does not meet the standards of the National
Building Code with regard to occupant safety or structural adequacy. Inside the
structure, there are many uneven areas where pieces of the structure and fasteners are
protruding. These areas are small in size and difficult to maneuver in and this presents
the possibility of someone coming into contact with the structure /protrusions and being
injured as a result. At various levels of the structure, there are missing guards and the
distance from the levels to grade is in excess of 5 metres. Anyone who may be on the
structure may fall and be injured as a result. Additionally, the structure is wider at its
upper level than at its lower levels and the structure sways noticeably when one moves
about inside. The structural mass is set at a high level and this contributes to the
incidents of sway and if enough activity took place inside the structure, there is the
potential that it could collapse.
3QP2
M & C 2010 — 407 - 2 - December 13, 2010
The second structure, an apparent play structure or sculpture, is approximately 3 metres
in height and appears to have been constructed without any particular organized support
mechanism. It consists of a wooden frame with attached portions of steel shelving and
other metal pieces, partially covered with wire mesh and what appears to be concrete.
Anyone approaching the structure, or attempting to climb on it, may be injured if it were
to collapse or if they came into contact with the protruding materials.
In the rear yard, there is an unsightly and deteriorated shed with peeling paint,
deteriorated wall panels and missing windows. At the rear left side of the yard, there is a
wooden frame constructed so as to have sharp steel sections sticking out horizontally at
approximately 6 feet above grade. This is a danger to anyone who may pass by as they
may come into contact with the sharp, protruding sections and injure themselves.
For the above reasons, a Notice to Comply was issued on September 3, 2010 and served
to the property owner on September 8, 2010. The owner appealed the Notice and on
October 5, 2010, the Saint John Substandard Properties Appeal Hearing heard arguments
from the City and the property owner and his representative. The Committee upheld the
Notice to Comply and their decision was served on the property owner on November 9,
2010.
The Notice required compliance within 60 days of service and therefore compliance was
required by November 7, 2010. An inspection conducted on November 25, 2010 found
that the conditions giving rise to the Notice were still present.
The Municipalities Act indicates that where a Notice to Comply has been issued arising
from a condition where a structure has become a hazard to the safety of the public by
reason of dilapidation or unsoundness of structural strength, the municipality may cause
the structure to be demolished. The Municipalities Act also indicates that where a
premise is unsightly, the municipality may cause the premise to be cleaned up or
repaired. A report from an engineer is required if a structure is to be demolished for
reasons of unsoundness of structural strength and an inspection report, forming part of the
Notice to Comply, is included with this report and serves as evidence of the dangerous,
and structurally unsound condition of the structures and as evidence of the unsightly
conditions of the premise and the shed found on site.
Attached for Council's reference is the Notice to Comply that was issued, the affidavit of
service of the Notice to the property owner, the decision of the Saint John Substandard
Properties Appeal Committee and the affidavit of service of the decision to the property
owner. Photos of the property and structures are also included with this report for
Council's review.
As is written in the Act that a municipality must commence in the proceedings of
remedial action, approval of Common Council is required prior to starting demolition and
clean up activities at this property. The cost of demolishing the structures and cleaning
up the rear and side yards of the property is estimated to be between $12,000.00 to
$15,000.00 as this work must be completed by hand. As provided in the Act, the cost of
the remedial actions will be billed to the registered property owner.
313
M & C 2010 — 407 - 3 - December 13, 2010
RECOMMENDATION
Your City Manager recommends that Common Council direct one or more of the
Officers appointed and designated by Council in connection with the enforcement of the
Saint John Unsightly Premises and Dangerous Buildings By -law, arrange for the
demolition of the two structures at 32 Midwood Avenue as well as the clean up and
disposal of the debris on the premise at 32 Midwood Avenue, Saint John, NB (PID#
345074), in accordance with the applicable City purchasing policies.
Respectfully submitted,
Pamela Bentley, P. Eng.
Technical Services Engineer
Amy Poffe o , P.Eng. MBA
Deputy Commissioner
Buildings and Inspection Services
Patrick Woods, CGA
City Manager
E
FORM 1
NOTICE TO COMPLY
(Municipalities Act, R.S.N.B. 1973,
c.M -22, x.190.01(3))
Parcel Identifier: 345074
FORMULE 1
AVIS DE CONFORMITE
(Loi sur les municipalitis, L.R.N.-B. de 1973,
ch. M -22, par. 190.01(3))
Num6ro d'identification de la parcelle : 345074
Address: 32 Midwood Avenue, Saint John, New Adresse : 32, avenue Midwood, Saint John, Nouveau -
Brunswick Brunswick
Owner(s) or Occupier(s):
Name: McGrath, Rodney Joseph
Proprietaire(s) on occupant(s) :
Nom : McGrath, Rodney Joseph
Address: 32 Midwood Avenue, Saint John, New Adresse : 32, avenue Midwood, Saint John, Nouveau -
Brunswick, E2P 1K6 Brunswick, E2P 1K6
Municipality issuing notice: The City of Saint John
By -law contravened: Saint John Unsightly Premises
and Dangerous Buildings By -Law, By -law Number M-
30 and amendments thereto.
Provision(s) contravened: Paragraphs 190.01(1) and
190.01(2) of the Municipalities Act, and amendments
thereto.
Description of condition(s): The structures (identified
as B and C in the inspection report) and premises
(identified as A in the inspection report) have become a
hazard to the safety of the public by reason of
dilapidation and unsoundness of structural strength. The
conditions of the structures and premise are described in
Schedule 'W', an true copy of an the inspection report
dated September 3, 2010 and prepared by David G.M.
Crawford, P. Eng., Deputy Building Inspector.
Remedy or remedies required:
The owner is to remedy the conditions by complying
with the required remedial actions of the aforementioned
inspection report and bring the structures and premise
into compliance with the aforesaid By -law.
In the event that the owner does not remedy the
condition of the structures and premise in the time
prescribed by this Notice to Comply, the structures will
be demolished and premise will be cleaned up of all
debris and materials as the corrective actions to address
the hazards to the safety of the public.
The aforementioned remedial actions relating to the
demolition of the buildings and the disposal of debris
and items on the premises do not include the carry-out
clean -up, site rehabilitation, restoration of land,
premises or personal property or other remedial action
in order to control or reduce, eliminate the release, alter
the manner of release or the release of any contaminant
into or upon the environment or any part of the
environtent.
WIR
Municipality signifiant Pavis : The City of Saint
John
Arrete enfreint : Arrdte concernant les bdtiments
inesthetiques ou dangereux de The City of Saint John,
Arrdte num6ro M-30 ainsi que ses modifications ci-
apportees.
Disposition(s) enfreinte(s) : Les paragraphes
190.01(1) et 190.01(2) de la Loi sur les municipalites,
ainsi que les modifications aff6rentes.
Description de la (des) conditions) : Les structures
(identifi6es comme 6tant B et C dans le rapport
d'inspection) et les lieux (identifies comme 6taut A
dans le rapport d'inspection) sont devenus dangereux
pour la s6curit6 du public du fait de d6labrement et de
manque de solidit6. Les conditions des structures et
des lieux sont d6crites a I'annexe «A », une copie
conforme du rapport d'inspection en date du 3
septembre 2010 et prepard par David G. M. Crawford,
ing., un agent charge de 1'ex6cution des arr8t6s
municipaux.
Mesure(s) i prendre :
Le propri6taire doit restaurer les conditions en se
conformant aux recommandations du rapport
d'inspection susmentionne et d'amener les structures
et les lieux en confornzit6s avec Parrdte.
Dans 1'6ventualit6 que le propri6taire ne rem6die pas
les structures et les lieux dans le temps prescrit par le
present avis de conformite, les structures seront
d6molis et les lieux feront nettoyer comme mesure
corrective compte tenu qu'il repr6sente un danger
pour la s6curite du public.
Les mesures correctives susmentionn6es relativement
A la demolition des batiments et la disposition des
debris et autres items sur les lieux ne comprennent pas
le nettoyage, la remise en 6tat des lieux, des terrains
ou des biens personnels ou toute autre mesure
corrective dans le but de contr6ler ou de r6duire,
d'61iminer le d6versement, de modifier le mode de
d6versement ou le d6versement d'un polluant dans ou
sur 1'environnement ou toute Partie de
1' environnement.
Date by which the remedy or remedies must occur:
Within 60 days of being served with the Notice to
Comply.
Date by which notice may be appealed: Within 14
days of being served with the Notice to Comply.
Process to appeal: The owner may, within 14 days after
having been served with this Notice To Comply, send a
Notice of Appeal by registered mail to the Common
Clerk of The City of Saint John, City Hall — 8h Floor, 15
Market Square, Saint John, New Brunswick, E2L 4LL
Potential penalty for nom- compliance within
specified time:2 Paragraphs 190.01 (2.1) and 190.03(1)
of the Municipalities Act, and amendments thereto,
states that a person who violates or fails to comply with
paragraph 190.01(2) and fails to comply with the terms
of the Notice to Comply given under Section 190.011 of
the said Act, commits an offence that is punishable
under Part II of the Provincial Offences Procedure Act
as a category F offence.
Where an offence continues for more than one day, the
minimum fine that may be imposed is the minimum fine
set by the Provincial Offences Procedure Act for a
category F offence multiplied by the number of days
during which the offence continues, and the maximum
fine that may be imposed is the maximum fine set by the
Provincial Offences Procedure Act for a category F
offence multiplied by the number of days during which
the offence continues.
Municipality's authority to undertake repairs or
remedy:3 Paragraph 190.04(1) (b) of the Municipalities
Act, and amendments thereto, states that if a Notice to
Comply has been given under Section 190.011 of the
said Act and the an owner or occupier does not comply
with the Notice to Comply, as deemed confirmed or as
confirmed or modified by a committee of council or a
judge under Section 190.021 of the said Act, within the
time set out in the Notice to Comply, the municipality
may, cause the building or structure of that owner or
occupier to be demolished and the cost of carrying out
such work, including any related charge or fee, is
chargeable to the owner or occupier and becomes a debt
due to the municipality.
Date a laquelle la on les mesures doivent itre
prises :
Dans les 60 jours qui suivent la signification de Favis
do conformit6.
Date i laquelle un appel de Favis peut titre d6pose:
Dans les 14 jours qui suivent la notification de Favis
de conformit6.
Processus d'appel : Le propri6taire peut dans les 14
jours qui suivent la notification de Favis de
conformit6, envoy6 un avis d'appel par courrier
recommand6 a la greffi6re communale de la
municipalite, a The City of Saint John, Edifice de
1'h6tel de ville, 8e 6tage, 15 Market Square, Saint
John, Nouveau - Brunswick, E2L 4LL
Pinaliti possible pour non- conformiti dans le dilai
prescrit2 : Le paragraphes 190.01(2.1) et 190.03(1) de
la Loi sur les municipalites, ainsi que les
modifications aff6rentes, pr6voient quiconque omet de
se conformer au paragraphe 190.01(2) et omet de se
conformer aux exigences formulees dans un avis de
conformit6 notifi6 aux termes de Particle 190.011 de
ladite loi, commet une infraction qui est punishable en
vertu de la Partie II de la Loi sur la procedure
applicable aux infractions provinciales a titre
d'infraction de la classe F.
Lorsqu'une infraction se poursuit plus d'une journ6e,
Famende minimale qui peut titre impos6e est Pamende
minimale pr6vue par la Loi sur la procedure
applicable aux infractions provinciales pour une
infraction de la classe F multipliee par le nombre de
jours pendant lesquels Pinfraction se poursuit et,
1'amende maximale qui peut titre imposee est
l'amende maximale pr6vue par la Loi sur la procedure
applicable aux infractions provinciales pour une
infraction de la classe F multipliee par le nombre de
jours pendant lesquels 1'infraction se poursuit.
Pouvoir de la municipaliti d'entreprendre les
reparations ou de prendre les mesures3 :
Conform6ment au paragraphe 190.04(1) de la Loi sur
les municipalites, si un avis de conformit6 a et6 notifi6
aux termes de Particle 190.011 de ladite loi, et que le
propri6taire ou Poccupant ne se conforme pas a cet
avis de conformit6 dans le delai imparti et tel qu'il est
reput6 confirm6 ou tel qu'il est confirm6 ou modifie
par un comit6 du conseil ou par un juge en vertu de
Particle 190.021 de ladite loi, la municipalite peut
faire d6molir le batiment ou la construction de ce
propridtaire ou de cet occupant et les frais relatifs a
1'ex6cution de ces travaux, y compris toute redevance
ou tout droit afferent, sont a la charge du propri6taire
ou de Foccupant et deviennent une creance de la
municipalit6.
D
Dated at Saint John the day of September, 2010.
Municipality: The City of Saint John
Signature of Municipal Officer:
Municipal Officer's Contact information:
Name: David G. M. Crawford, P. Eng.
Mailing address:
Buildings and Inspection Services Department
The City of Saint John
15 Market Square, City Hall Building, I Oa' Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: (506) 658 -2911
Telecopier: (506) 632 -6199
Email: dave.crawford @saintjohn.ca
Seal of municipality
Notes: ° -0? hA auo� . w
1. All appropriate permits must all relevant
legislation must be complied with in the course of carrying out the
required remedial action.
2. Payment of the fine does not alleviate the obligation to comply
with the by -law, standard or notice to comply.
3. Costs become a debt due to the municipality and may be added to
the joint municipal and provincial heal Property Assessment and Tax
Notice.
31@7
Fait a Saint John le _ septembre 2010.
Municipality: The City The City of Saint John
Signature du repr6sentant municipal :
Coordonnees du representant municipal:
Nom: David G. M. Crawford, ing.
Adresse postale :
136partement aux services d'inspection et des
batiments
The City of Saint John
15 Market Square, Edifice de l'h6tel de ville, 10'
6tage
Case postal 1971
Saint John (Nouveau- Brunswick)
E2L 4LI
T616phone : (506} 658 -2911
T616copieur : (506) 632 -6199
Courriel: dave.crawford @saintjohn.ca
Sceau de la municipalit6
Notes :
1. Tous les permis prescrits doivent etre obtenus et toute la
legislation pertinente doit titre respectee, pendant 1'execution de la
mesure de recours.
2. Le paiement de I'amende n'annule pas l'obligation de respecter
1'arret6, la norme ou 1'avis de con£ormit6.
3. Les coats deviennent une dette envers la municipalite et peuvent
etre ajoutes � 1'avis d'evaluation et d'imp6t foncier municipal et
provincial.
xI hereby certify that this T ."
datument is a true copy of the
original.
Dated at Saint John
his 3 day of
ewt��r 201
INSPECTION REPORTG�C.
32 Midwood Avenue, PID 00345074
Standards 0mce'
Schedule "A"
The property was inspected by David Crawford and Mark Slader on the afternoon of June 8,
2010. The grounds of the property are generally cluttered with amounts of recycled materials,
scrap lumber, other discarded materials, pieces of metal, etc. The yard is such that it is not safe
to walk in. Anyone on the property, including emergency responders, could easily be injured by
slipping or tripping on any of the various items scattered throughout the property. There are
two structures at the rear of the property that have been built without a Building Permit. One
of the structures resembles a pirate ship and is referred to in section B as a play structure. The
second structure's purpose is unknown and is referred to in section C as an unknown structure.
Both structures pose safety hazards to persons who may be on the property.
The inspection of the property concluded the following points and the remedial actions
required to bring the property into compliance with the Saint John Unsightly Premises and
Dangerous Buildings By -law.
A -- Unsightly Premise
Right or Westerly side:
1. There are a number of windows or pieces of windows containing glass that are leaning
against the dwelling. The glass could be easily broken and presents a danger to anyone
passing by.
Required Action — The windows and pieces of windows in this location should be
removed and stored properly so as to remove the potential for anyone to be injured.
2. The ground along the side of the dwelling is uneven due to piles of gravel not being
leveled, the area is littered with discarded materials including bricks, pieces of wood, an
unused garden hose, and pieces of plastic sheeting. Anyone passing through this area
could slip or trip on such litter and be injured.
Required Action - The area should be cleaned up and be maintained so as to not present
a danger.
Rear or Southerly side:
3. There is a wooden shed in the right rear yard that is deteriorated and unsightly with
peeling paint, deteriorated wall panels and missing windows.
Required Action - The shed should either be repaired so as to be weathertight or it
should be removed from the yard.
4. The rear yard is littered with individual scraps and piles of discarded lumber, discarded
automobile tires, pieces of steel, and other materials including a plastic drum, and some
lawn furniture. The materials present a danger to anyone being in the rear yard as they
may trip or slip on the materials and be injured.
1
WIN]
Required Action - The materials must be removed from the yard so as to remove the
danger.
5. There is a wooden frame at the rear left side of the yard constructed in such a manner
that there are sharp steel sections sticking out from it at approximately a six foot height.
Anyone in the yard could be seriously injured by coming into contact with the sharp
edges of the steel materials.
Required Action - The entire assembly of the wooden frame and the steel materials
attached to it must be removed from the yard so as to remove the danger.
B - Play structure - Dangerous conditions
There is a three level structure in the rear yard of the property that was constructed, so as to
resemble a pirate ship, without first obtaining a Building Permit to do so. The structure does
not meet the standards of the National Building Code with regard to structural adequacy or
occupant safety. The state of the structure is such that it is not safe to enter. Anyone entering
the structure, including emergency responders, could easily be injured while trying to move
about either within or on the structure. The following observations were made:
1. The ship like structure is incomplete and as such presents a danger to the public
including anyone who may be in or on the structure. The uppermost level has had what
appear to be guards installed that are incomplete on two sides. Another level, closer to
what appears to be the bow of the ship, has incomplete guards around its perimeter.
Anyone being on either of the upper levels could easily fall from the structure to the
ground, a distance of approximately five metres and four metres respectively, and be
injured.
2. The ship like structure appears to be founded on concrete blocks that in turn are set in
what appears to be an artificial pond. Entry to the structure is made from a low
platform, through an opening in the side wall. Once inside there are very narrow
stairways and ladders available, to either climb up or to crawl along, to reach other areas.
Ultimately one may reach the uppermost level, the roof, after travelling through a
number of interior compartments. There are many uneven areas where pieces of
structure or fasteners are protruding. These areas are small in size and difficult to
maneuver in, presenting the possibility of coming into contact with the structure and
being injured.
3. The structure is larger at its upper level that at lower levels. The structure will sway
noticeably from side to side as one moves about inside. The structural mass set at a high
level contributes to the incidence of the structure swaying and could, if enough activity
took place inside, lead to the structure collapsing.
Required Action - The structure must be removed from the property and the yard cleaned so as
to not present a danger to anyone being on the property.
C - Unknown structure - Dangerous conditions
A structure has been partially constructed in the rear yard without first obtaining a Building
Permit to do so. it consists of a wooden frame with attached portions of steel shelving and
other metal pieces, partially covered with wire mesh and what appears to be concrete. The
structure may be unstable as there does not appear to be any particular organized support
mechanism. Anyone approaching or in the area of the structure could be injured if it was to
collapse or if they came into contact with loose protruding materials. The structure is both
unsightly and dangerous in its present condition.
Required Action —The structure must be removed from the yard so as to remove any danger to
persons being on the property.
2
W.�!]
Dated at the City of Saint John this R� day of September, 2010
David G. M. Crawford, P. EVIO
Deputy Building Inspector
Brill
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
AFFIDAVIT OF SERVICE
I, /�%C�i�t- �1✓�� of the City of Saint John in the
County of Saint John and Province of New Brunswick MAKE OATH AND SAY
AS FOLLOWS:
1. On the <9 day of �� i��� , 2010,1 served
fyi C - with the following documents:
• a Noti e to Comply, attached hereto as Exhibit "A ";
• a Notice of Appeal, attached hereto as Exhibit "B";
• and an accompan .ng letter attached hereto as Exhibit "C ",
by Ieaving a copy wi hi / her at2
/ e -j , New Brunswick.
2. I was able to identify the person served by means of the fact th t�h / she
acknowleedd ed to m( he / she was rj
Sworn To before me at the
City of Saint John, N.B.,
on the R A day rfi
0
3TA1
FORM 1
NOTICE TO COMPLY
(Municipalities Act, R.S.N.B. 1973,
c.M -22, s.190.01(3))
Parcel Identifier: 345074
ilhis is Exhibit
`t A"
Referred to in
the Affidavit of
Sworn bef re eat the City
of Saint J n,
w nSwick
theq ) o
�+co
�• • �el�#i� ,
a salCilor
AVIS DE C61QRMITE
(Loi sur les municipalites, L.R.N. -B. de 1973,
ch. M -22, par. 190.01(3))
Num6ro d'identification de la parcelle : 345074
Address: 32 Midwood Avenue, Saint John, New Adresse : 32, avenue Midwood, Saint John, Nouveau-
Brunswick
Owner(s) or Occupier(s):
Name: McGrath, Rodney Joseph
Brunswick
Proprietaire(s) ou occupant(s) :
Nom : McGrath, Rodney Joseph
Address: 32 Midwood Avenue, Saint John, New Adresse : 32, avenue Midwood, Saint John, Nouveau -
Brunswick, E2P 1K6 Brunswick, E2P 1K6
Municipality issuing notice: The City of Saint John
By -law contravened: Saint John Unsightly Premises
and Dangerous Buildings By -Law, By -law Number M-
30 and amendments thereto.
Provision(s) contravened: Paragraphs 190.01(1) and
190.01(2) of the Municipalities Act, and amendments
thereto.
Description of condition(s): The structures (identified
as B and C in the inspection report) and premises
(identified as A in the inspection report) have become a
hazard to the safety of the public by reason of
dilapidation and unsoundness of structural strength. The
conditions of the structures and premise are described in
Schedule "A', an true copy of an the inspection report
dated September 3, 2010 and prepared by David G.M.
Crawford, P. Eng., Deputy Building Inspector.
Remedy or remedies required:
The owner is to remedy the conditions by complying
with the required remedial actions of the aforementioned
inspection report and bring the structures and premise
into compliance with the aforesaid By -law.
in the event that the owner does not remedy the
condition of the structures and premise in the time
prescribed by this Notice to Comply, the structures will
be demolished and premise will be cleaned up of all
debris and materials as the corrective actions to address
the hazards to the safety of the public.
The aforementioned remedial actions relating to the
demolition of the buildings and the disposal of debris
and items on the premises do not include the carry-out
clean-up, site rehabilitation, restoration of land,
premises or personal property or other remedial action
in order to control or reduce, eliminate the release, alter
the manner of release or the release of any contaminant
into or upon the environmez t or any part of the
environment.
Wy
Municipalite signifiant Pavis : The City of Saint
John
Arrete enfreint : Arrete concernant les bdtiments
inesthetiques ou dangereux de The City of Saint John,
Arrete numero M -30 ainsi que ses modifications ei-
apportees.
Disposition(s) enfreinte(s) : Les paragraphes
190.01(1) et 190.01(2) de la Loi sur les municipalites,
ainsi que les modifications afferentes.
Description de la (des) condition(s) : Les structures
(identifi6es comme etant B et C dans le rapport
d'inspection) et les lieux (identifies comme etant A
dans le rapport d'inspection) sont devenus dangereux
pour la securite du public du fait de d6labrement et de
manque de soiidite. Les conditions des structures et
des lieux sont decrites a Pannexe «A », une copie
conforme du rapport d'inspection en date du 3
septembre 2010 et prepare par David G. M. Crawford,
ing., un agent charge de 1'execution des arrdtes
municipaux.
Mesure(s) a prendre :
Le proprietaire doit restaurer les conditions en se
conformant aux recommendations du rapport
d'inspection susmentionne et d'amener les structures
et les lieux en conformites avec 1'arrdt6.
Dans 1'6ventualit6 que le propri6taire ne remedie pas
les structures et les lieux dans le temps prescrit par le
pr6sent avis de conformite, les structures seront
d6molis et les lieux feront nettoyer comme mesure
corrective compte tenu qu'il represente un danger
pour la securite du public.
Les mesures correctives susmentionnees relativement
A la demolition des batiments et la disposition des
debris et autres items sur les lieux ne comprennent pas
le nettoyage, la remise en 6tat des lieux, des terrains
ou des biens personnels ou toute autre mesure
corrective daps le but de contr6ler ou de reduire,
d'eliminer le deversement, de modifier le mode de
deversement ou le d6versement d'un polluant dans ou
BUT 1'environnement , ou toute partie de
Penvironnement.
Date by which the remedy or remedies must occur: i
Within 60 days of being served with the Notice to
Comply..
Date by which notice may be appealed: Within 14
days of being served with the Notice to Comply.
Process to appeal: The owner may, within 14 days after
having been served with this Notice To Comply, send a
Notice of Appeal by registered mail to the Common
Clerk of The City of Saint John, City Hail — 8t' Floor, 15
Market Square, Saint John, New Brunswick, E2L 4L1.
Potential penalty for non - compliance within
specified time:2 Paragraphs 190.01 (2.1) and 190.03(1)
of the Municipalities Act, and amendments thereto,
states that a person who violates or fails to comply with
paragraph 190.01(2) and fails to comply with the terms
of the Notice to Comply given under Section 190.011 of
the said Act, commits an offence that is punishable
under Part II of the Provincial Offences Procedure Act
as a category F offence.
Where an offence continues for more than one day, the
minimum fine that may be imposed is the minimum fine
set by the Provincial Offences Procedure Act for a
category F offence multiplied by the number of days
during which the offence continues, and the maximum
fine that may be imposed is the maximum fine set by the
Provincial Offences Procedure Act for a category F
offence multiplied by the number of days during which
the offence continues.
Municipality's authority to undertake repairs or
remedy:3 Paragraph 190.04(1) (b) of the Municipalities
Act, and amendments thereto, states that if a Notice to
Comply has been given under Section 190.011 of the
said Act and the an owner or occupier does not comply
with the Notice to Comply, as deemed confirmed or as
confirmed or modified by a committee of council or a
judge under Section 190.021 of the said Act, within the
time set out in the Notice to Comply, the municipality
may, cause the building or structure of that owner or
occupier to be demolished and the cost of carrying out
such work, including any related charge or fee, is
chargeable to the owner or occupier and becomes a debt
due to the municipality.
32A3
Date a laquelle la ou les mesures doivent etre
prisesi :
Dans les 60 jours qui suivent la signification de Favis
de conformit6.
Date a laquelle un appel de Favis peut etre d6pos6:
Dans les 14 jours qui suivent la notification de Favis
de conformit6.
Processus d'appel : Le propri6taire peut dans les 14
jours qui suivent la notification de l'avis de
conformit6, envoy6 un avis d'appel par courrier
recommand6 a la greffiere communale de la
municipalite, a The City of Saint John, Edifice de
116tel de ville, 8e 6tage, 15 Market Square, Saint
John, Nouveau - Brunswick, E2L 4L1.
Penalit6 possible pour non- conformite dans le delai
prescritz : Le paragraphes 190.01(2.1) et 190.03(1) de
la Loi sur les municipalites, ainsi que les
modifications aff6rentes, prevoient quiconque omet de
se conformer au paragraphe 190.01(2) et omet de se
conformer aux exigences formul6es dans un avis de
conformit6 notifi6 aux termes de Particle 190.011 de
ladite loi, commet une infraction qui est punissable en
vertu de la Partie II de la Loi sur la procedure
applicable aux infractions provinciales a titre
d'infraction de la classe F.
Lorsqu'une infraction se poursuit plus d'une journee,
Pamende minuimale qui pent titre imposee est Famende
minimale pr6vue par la Loi sur la procedure
applicable aux infractions provinciales pour une
infraction de la classe F multipliee par le nombre de
jours pendant lesquels l'infraction se poursuit et,
1'amende maximale qui peut etre imposee est
1'amende maximale pr6vue par la Loi sur la procedure
applicable aux infractions provinciales pour une
infraction de la classe F multipliee par le nombre de
jours pendant lesquels i'infraction se poursuit.
Pouvoir de la municipalite d'entreprendre les
r6parations on de prendre les mesures3 :
Conform6ment au paragraphe 190.04(1) de la Loi sur
les municipalites, si un avis de conformit& a et& notifi6
aux termes de Particle 190.011 de ladite loi, et que le
propri6taire ou Poccupant ne se conforme pas a cet
avis de conformit6 dans le d6lai imparti et tel qu'il est
repute conf=6 ou tel qu'il est confirm& ou modifi6
par un comit6 du conseil ou par un juge en vertu de
Particle 190.021 de ladite loi, la municipalit6 peut
faire d&molir le batiment ou la construction de ce
propri6taire ou de cet occupant et les frais relatifs a
1'execution de ces travaux, y compris toute redevance
ou tout droit aff6rent, sont a la charge du propri6taire
ou de 1'occupant et deviennent une cr6ance de la
municipalit6.
D
Dated at Saint John the day of September, 2010
Municipality: The City.of Saint John
Signature of Municipal Officer:
Municipal Officer's Contact information:
Name: David G. M. Crawford, P. Eng.
Mailing address:
Buildings and Inspection Services Department
The City of Saint John
15 Market Square, City Hall Build_ ing, 10`h Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: (506) 658 -2911
Telecopier: (506) 632 -6199
Email: dave.crawford @saintjohn.ca
Seal of municipality
Notes: I WRJ/HRoe N
1. All appropriate permits must m6o!8 all relevant
legislation must be complied with in the o£ carrying out the
required remedial action.
2. Payment of the fine does not alleviate the obligation to comply
with the by -law, standard or notice to comply.
3. Costs become a debt due to the municipality and may be added to
the joint municipal and provincial Real Property Assessment and Tax
Notice.
MAER
Fait A Saint John le _ septembre 2010.
Municipality: The City The City of Saint John
Signature du representant municipal:
Coordonn6es du representant municipal:
Nom: David G. M. Crawford, ing.
Adresse postale :
Departement aux services d'inspection et des
batiments
The City of Saint John
15 Market Square, Edifice de Ph6tel de ville, l0e
etage
Case postal 1971
Saint John (Nouveau- Brunswick)
E2L 4L1
T616phone : (506) 658 -2911
Tylecopieur : (506) 632 -6199
Courriel: dave.crawford @saintjohn.ca
Sceau de la municipality
Notes:
1. Tous les permis prescrits doivent titre obtenus et toute la
legislation pertinente doit etre respectee, pendant 1'ex6cution de la
mesure de recours.
2. Le paiement de 1'amende n'annule pas ]'obligation de respecter
1'arret6, la norme ou I'avis de conformite.
3. Les coots deviennent une dette envers ]a municipalite et peuvent
etre ajout6s a 1'avis d'6valuation et d'impot foncier municipal et
provincial.
TI hereby certify that this y
document is a true copy of the
original.
Dated at Saint John
tIl 3 _clay of
20, L
INSPECTION REPORT
32 Midwood. Avenue, .PiD 00345074
Standards Officer
Schedule "A"
The property was inspected by David Crawford and Mark Slader on the afternoon of June 8,
2010. The grounds of the property are generally cluttered with amounts of recycled materials,
scrap lumber, other discarded materials, pieces of metal, etc. The yard is such that it is not safe
to walk in. Anyone on the property, including emergency responders, could easily be injured by
slipping or tripping on any of the various items scattered throughout the property. There are
two structures at the rear of the property that have been built without a Building Permit. One
of the structures resembles a pirate ship and is referred to in section B as a play structure. The
second structure's purpose is unknown and is referred to in section C as an unknown structure.
Both structures pose safety hazards to persons who may be on the property.
The inspection of the property concluded the following points and the remedial actions
required to bring the property into compliance with the Saint John Unsightly Premises and
Dangerous Buildings By -law.
A — Unsightly Premise
Right or Westerly side:
1. There are a number of windows or pieces of windows containing glass that are leaning
against the dwelling. The glass could be easily broken and presents a danger to anyone
passing by.
Required Action — The windows and pieces of windows in this location should be
removed and stored properly so as to remove the potential for anyone to be injured.
2. The ground along the side of the dwelling is uneven due to piles of gravel not being
leveled, the area is littered with discarded materials including bricks, pieces of wood, an
unused garden hose, and pieces of plastic sheeting. Anyone passing through this area
could slip or trip on such litter and be injured.
Required Action - The area should be cleaned up and be maintained so as to not present
a danger.
Rear or Southerly side:
3. There is a wooden shed in the right rear yard that is deteriorated and unsightly with
peeling paint, deteriorated wall panels and missing windows.
Required Action - The shed should either be repaired so as to be weathertight or it
should be removed from the yard.
4. The rear yard is littered with individual scraps and piles of discarded lumber, discarded
automobile tires, pieces of steel, and other materials including a plastic drum, and some
lawn furniture. The materials present a danger to anyone being in the rear yard as they
may trip or slip on the materials and be injured.
1
U01
Required Action - The materials must be removed from the yard so as to remove the
danger.
5. There is a wooden frame at the rear left side of the yard constructed in such a manner
that there are sharp steel sections sticking out from it at approximately a six foot height.
Anyone in the yard could be seriously injured by coming into contact with the sharp
edges of the steel materials.
Required Action - The entire assembly of the wooden frame and the steel materials
attached to it must be removed from the yard so as to remove the danger.
B - Play structure - Dangerous conditions
There is a three level structure in the rear yard of the property that was constructed, so as to
resemble a pirate ship, without first obtaining a Building Permit to do so. The structure does
not meet the standards of the National Building Code with regard to structural adequacy or
occupant safety. The state of the structure is such that it is not safe to enter. Anyone entering
the structure, including emergency responders, could easily be injured while trying to move
about either within or on the structure. The following observations were made:
1. The ship like structure is incomplete and as such presents a danger to the public
including anyone who may be in or on the structure. The uppermost level has had what
appear to be guards installed that are incomplete on two sides. Another level, closer to
what appears to be the bow of the ship, has incomplete guards around its perimeter.
Anyone being on either of the upper levels could easily fall from the structure to the
ground, a distance of approximately five metres and four metres respectively, and be
injured.
2. The ship like structure appears to be founded on concrete blocks that in turn are set in
what appears to be an artificial pond. Entry to the structure is made from a low
platform, through an opening in the side wall. Once inside there are very narrow
stairways and ladders available, to either climb up or to crawl along, to reach other areas.
Ultimately one may reach the uppermost level, the roof, after travelling through a
number of interior compartments. There are many uneven areas where pieces of
structure or fasteners are protruding. These areas are small in size and difficult to
maneuver in, presenting the possibility of coming into contact with the structure and
being injured.
3. The structure is larger at its upper level that at lower levels. The structure will sway
noticeably from side to side as one moves about inside. The structural mass set at a high
level contributes to the incidence of the structure swaying and could, if enough activity
took place inside, lead to the structure collapsing.
Required Action - The structure must be removed from the property and the yard cleaned so as
to not present a danger to anyone being on the property.
C - Unknown structure - Dangerous conditions
A structure has been partially constructed in the rear yard without first obtaining a Building
Permit to do so. It consists of a wooden frame with attached portions of steel shelving and
other metal pieces, partially covered with wire mesh and what appears to be concrete. The
structure may be unstable as there does not appear to be any particular organized support
mechanism. Anyone approaching or in the area of the structure could be injured if it was to
collapse or if, they came into contact with loose protruding materials. The structure is both
unsightly and dangerous in its present condition.
Required Action —The structure must be removed from the yard so as to remove any danger to
persons being on the property.
PA
-
Dated at the City of Saint John this 3 � day of September, 2010
David G. M. Crawford, P. E
Deputy Building Inspector
AN
NOTICE OF APPEAL
FORM I
(Municipalities Act, R.S.N.B. 1973,
c. M-22, s-190.021(l))
File No.:
BETWEEN:
Appellant(s),
- and -
THE CITY OF SAINT JOHN,
Respondent.
Parcel Identifier: PID #
Parcel Address:
Owner(s) or Occupier(s):
Name:
Address:
Telephone:
Name:
Address:
Telephone:
AVIS D'APPEL
FORMULE I
(Loi sur les municipalitis, L.R.N.-B. de 1973,
ch. M-22, par. 190.021(1))
N* du dossier : Fy" - fA% v
khi5 is jiba
Referred to in we Affidavit Of
he Cit
ENTRE: y vv ,U swick
of Saint J
the... of..
........... —2 ... .... ..... 'soticdor
Appelant(s),
-et-
THE CITY OF SAINT JOHN,
Intim6e.
Nume'ro d'identification de la parcelle : # NID
Adresse de la parcelle :
Propri&taire(s) ou occupant(s)
Nom
Adresse:
T616phone:
0
Nom :
Adresse
T616phone:
-2-
The above named appellant(s) is (are) not satisfied
with the terms and conditions set out in the notice
that has been given under section 190.011 of the
Municipalities Act and appeals to the Saint John
Substandard Properties Appeal Committee.
The appellant's grounds for this appeal are as follows
(set out the grounds clearly but briefly):
Dated at
the
2010.
L'appelant(s) susnomme'(s) n'accepte(nt) pas les
modalit6s ou les conditions qui y sont 6nonc&s dans
Pavis qui a 6t6 notifi6 aux termes de Particle 190.011 de
la Loi sur les municipalites et fait appel au Comite
d'appel des proprietes inferieures aux normes de Saint
John.
Les motifs d'appel de 1'appelant(s) dans le present appel
sont les suivants (Moncer les motifs de fagon claire et
concise) :
day of Fait a
Signature of owner or occupier
The appellant(s) intends to proceed in the English ❑
or French ❑ language (Please check the appropriate
box).
Please forward your Notice of Appeal by registered
mail to the clerk of The City of Saint John within
fourteen (14) days after having been given the notice
at the following address:
Common Clerk's Office
15 Market Square, City Hall Building, 8a` Floor
P. O. Box 1971
Saint John, New Brunswick
E2L 4L1
Telephone: 506-658-2862
Telecopier: 506 - 674 -4214
Notes:
1. A notice that is not appealed within fourteen (14)
days after having been given the notice shall be
deemed to be confirmed.
le
2010.
Signature du propri6taire ou Foccupant
L'appelant(s) a (ant) Pintention d'utiliser la langue
frangaise ❑ ou anglaise ❑ (Veuillez cocker la case
appropriee).
Veuillez faire parvenir votre Avis d'appel par courrier
recommande au secretaire de The City of Saint John
dans les quatorze (14) jours qui suivent la notification
de Vavis a Vadresse suivante :
Bureau du greffier communal
15 Market Square, Edifice de 1'h8tel de ville, 8e 6tage
Case postale 1971
Saint John (Nouveau- Brunswick)
E2L 4L1
T616phone: 506- 658 -2862
T616copieur: 506 -674 -4214
Notes :
M- 0.1
1. Un avis dont it West pas interjet6 appel daps les
quatorze (14) jours qui suivent la notification de Favis
est r6put6e confirm6.
-3-
2. On an appeal, the Saint John Substandard
Properties Appeal Committee shall hold a hearing
into the matter at which the owner(s) or occupier(s)
bringing the appeal has (have) a right to be heard and
may be represented by counsel.
3. On an appeal, the Saint John Substandard
Properties Appeal Committee may confirm, modify
or rescind the notice or extend the time for complying
with the notice.
4. The Saint John Substandard Properties Appeal
Committee shall provide a copy of its decision to the
owner(s) or occupier(s) of the premises, building or
structure who brought the appeal within fourteen
(14) days after making its decision.
5. The owner(s) or occupier(s) provided with a copy
of a decision from the Saint John Substandard
Properties Appeal Committee may appeal the
decision to a judge of The Court of Queen's Bench of
New Brunswick within fourteen (14) days after the
copy of the decision was provided to the owner(s) or
occupier(s) on the grounds that (a) the procedure
required to be followed by the Municipalities Act was
not followed, or (b) the decision is patently
unreasonable.
2. Lors dun appel. le Comite d'appel des proprietes
inferieures aux normes de Saint John doit tenir, sur le
point en litige, une audience au cours de laquelle le(s)
proprietaire(s) ou 1'occupant(s) qui intedette(nt) appel a
(ont) le droit d'etre entendu(s) et peut(vent) se faire
representer par un avocat.
3. Lors d'un appel, le Comite d'appel des proprietes
inferieures aux normes de Saint John peut confirmer,
modifier ou annuler 1'avis ou proroger le delai pour s'y
conformer.
4. Le Comite d'appel des proprietes inferieures aux
normes de Saint John doit fournir une copie de sa
decision au(x) proprietaire(s) ou a 1'occupant(s) des
lieux, du batiment ou de la construction qui lui a(ont)
intedete appel dans les quatorze (14) jours suivant la
date a laquelIe it a rendu sa decision.
5. Le(s) proprietaire(s) ou l'occupant(s) a qui une copie
d'une decision a ete fournie par le Comite d'appel des
proprietes inferieures aux normes de Saint John
peut(vent), dans les quatorze (14) jours qui suivent,
interjeter appel de la decision devant un juge de la Cour
du Banc de la Reine du Nouveau - Brunswick au motif
que (a) la demarche a suivre en vertu de la Loi sur les
municipalites n'a pas ete suivie, ou (b) la decision est
manifestement deraisonnable.
EtIi]
4
j" J� -mac ?•
_,dings and Inspection Services / Sem,...1 d'inspection et des
batiments
Phone / T61: (506) 658 -2911
Fax / Telec: (506) 632 -6199
(his is Exhibit r C"
�Referred to in the Affidavit of
of S� n behn Q1'
a�S,� City
September 3, 2010
a Soiicittx
VIA PROCESS SERVER
Case Number: 09 -587
Rodney McGrath
32 Midwood Av
Saint John, NB
E2P 1K6
Dear Sir:
RE: Property located at 32 Midwood Avenue, Saint John, NB, PID# 345074
Dilapidated and Dangerous Conditions of Premise and Two Structures On -Site
An inspection conducted at the above -noted address on June 8, 2010 concluded the
following:
• The two structures and conditions of the premise are a hazard to the safety of the
public by reasons of unsoundness of structural strength and dilapidation. These
conditions are not in compliance with the Saint John Unsightly Premises and
Dangerous Buildings By -law,
A Notice to Comply has been issued and is enclosed with this letter. The required
remedies are stated in the Notice to Comply and accompanying inspection report. Action
must be taken to remedy the condition within 60 days of being served the Notice to
Comply.
As owner of the property, you have the right to an Appeal Hearing. To apply, you must
complete the accompanying Notice of Appeal form and send it via registered mail to the
Common Clerk of The City of Saint John within 14 days of receiving the Notice to
Comply.
Be advised that if a Notice to Comply is not adhered to within the specified time frame,
the municipality has the authority to lay an information in Provincial Court, or it may
cause the structures to be demolished and the property cleared of debris, or it may carry
out both actions. The cost of carrying out such work, including any related charge or fee,
is chargeable to the owner and becomes a debt due to the municipality.
SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41.1 1 www.saintjohn.ca I C.f? 1971 Saint john, N. -B. Canada E2L 41.1
341
Be advised that for any remedial or demolition work, the appropriate permits are
required. These can be obtained from the Buildings and inspection Services Department,
1 Ot Floor, City Hall, 15 Market Square, Saint John.
Please contact me if you have any questions.
Thanking you in advance for your cooperation,
Pamela Bentley, P. Eng.
Technical Services Engineer
Enclosures
3a2
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
AFFIDAVIT OF SERVICE
I, R++ r
kl VYV �✓ 1 of the City of Saint Jahn in the
County of Saint John and Province of New Brunswick MAKE OATH AND SAY
AS FOLLOWS:
q -0-
1. On the day of q 2010, I served
with the document attached hereto
as Exhibit "A ", b leaving a copy with im her at
New Brunswick.
2. I was able to identify the person served by means of the fact tha he / she
acknowledged to me he / she was
Sworn To before me at the
City of Saint John, N.B.,
o the day of
2010
OF OAI'Pr
MY COMMiSSiON EXPIRES
DECEMBER 31v; 2013
Wx3
RIC-
C
1
FILE 2010.011
IN THE MATTER OF AN APPEAL PURSUANT TO SECTION 190.021(1) OF THE
MUNICIPALITIES ACT, R.S.N.B. 1973, C. M -22 AND PURSUANT TO THE SAINT
JOHN UNSIGHTLY PREMISES AND DANGEROUS BUILDINGS BY -LAW, BY -LAW
NO. M -30
BETWEEN:
RODNEY JOSEPH McGRATH
Appellant
-and-
THE CITY OF SAINT JOHN
Respondent
Parcel Identifier Number: 345074
This is Exhibit
Re e p in t e idav' of
PA {
Sworn befoke rne at the City of
Saint I hn, New u swi k
t. ay of mjueyl atl /(
Commissioner of Oaths
C OP/1"- SSii?NER OF OATHIS
kp'( COfAMiSSiON EXPIRES
tEvEMSER 31 w 2013
Parcel Address: 32 Midwood Avenue, Saint John, NB
Owner: Rodney Joseph McGrath
Decision of The Saint John Substandard Properties Appeal Committee
ME,I
2 }
1. The Appellant, Rodney Joseph McGrath, appeals a Notice to Comply issued by the
Municipal Officer of the City of Saint John on the Yd day of September, 2010. The
Notice to Comply requires the Appellant to remedy the state of the premises located at 32
Midwood Avenue, Saint John, New Brunswick and, identified as "A" in the inspection
report and the structures identified as B and C in the inspection report signed by David
G.M. Crawford, P. Eng., on the P day of September, 2010. The premises are alleged to
be unsightly and to have become a hazard to the safety of the public by reason of
dilapidation and unsoundness of structural strength. The work is to be completed within
sixty (60) days of the Appellant having been served with the Notice to Comply.
2. The Appellant represented himself at the hearing but also had Mr. John Johnson,
professional engineer and former building inspector for the City of Saint John, attend and
provide evidence on the Appellant's behalf.
3. The position of the City of Saint John was presented by Mr. David Crawford, Deputy
Building inspector.
4. Mr. McGrath identified the Notice of Appeal dated September 21, 2010 and marked as
Exhibit 1 as the appeal upon which he was proceeding. Mr. McGrath also identified the
Notice to Comply dated September 3, 2010 and marked as Exhibit 2 as the subject matter
of the appeal.
5. Mr. McGrath provided sworn testimony. He testified the premises identified as "A" in
the Notice to Comply have been cleaned. The structures referred to under "A" have nto
been removed or modified. He maintains that the structures identified as B and C in the
Notice to Comply, are not in a dilapidated condition and are not structurally unsound. He
states both structures are under construction and that he has been working with Mr -John
Johnson, a professional engineer, during this construction. Mr. McGrath testified that he
WA
z
is working hard to improve the subject property and to construct energy efficient
structures.
6. According to the photographs provided, Mr. McGrath calls his property the "Enchanted
Kingdom, a gateway to Mohawk Mountain ". On the property Mr. McGrath has a house
where he and two other adults currently reside. Behind the house there is at least one
pond, a small structure which is referred to as a sawmill and to the rear of the sawmill, a
structure referred to as Mohawk Mountain from which there is actually or intended to be,
a waterfall. The mountain/waterfall is not complete, it is understood this is structure "C"
in the Notice to Comply. Additionally, a partially constructed ship /play structure is
located on the premises, this is structure `B" in the Notice to Comply.
7. Mr. McGrath testified that the premises are, and have been, in a state of construction for
approximately five years, if not longer. Mr. McGrath confirmed that he has not obtained
building permits with respect to the two major structures in question, the
mountain/waterfall and the ship /play structure. Mr. McGrath testified that on the advice
of Mr. Johnson, he has most recently been focusing on completing work to his residence
which is also referred to as the "earthship ".
8. Mr. McGrath provided a copy of correspondence that he had forwarded to the Common
Clerk of the City of Saint John in March of 2009 in which he sought to address Council
on the architecture of a Mr. Michael Reynolds and on communities constructed by Mr,
Reynolds in Mexico which are alleged to be self-sustaining, with water, sewage, water
and wind power, etc. Mr. McGrath was following the teachings of Mr. Reynolds in his
own construction. Mr. McGrath testified that the structures in question B & C were
constructed completely from recycled materials. He indicated that the foundations were
sound and in part employed recycled tires for support.
9. Mr. Johnson identified his qualifications and past experience and testified that he had had
difficulty locating the Saint John Unsightly Premises and Dangerous Buildings By -Law.
a-1y
{
He stated that he was not aware of the actual terms of that By -law. Mr. Johnson was
provided with a copy of the By -law at the hearing.
10. Mr. Johnson testified that Mr. McGrath has been working to cteate an energy - efficient
modified home, to improve his property and to create a beautiful and unique area. M.
Johnson drew an analogy between Mr. McGrath's property and the well known
"Murphy's Hill" located in the west side of the City of Saint John. Mr. Johnson indicated
Mr. McGrath's property may appear unsightly during the construction phase but he
maintained that this was no different than other construction sites where work is in
progress. Mr. Johnson stated that since receiving the Notice to Comply Mr. McGrath had
tried to remove most of the wood and other debris which was not usable from the
property and he had tried to better organize the recyclable material that would eventually
be incorporated into the structures on his property.
11. Mr. Johnson testified that Mr. McGrath's "method of getting there was unusual" and that
he had advised Mr. McGrath how to modify his premises so that they would be "safe to
occupy ". Mr. Johnson stated that, he felt the premises were safe. On closer examination
it was clarified Mr. Johnson was referring to Mr. McGrath's "earthship ", his residence.
Mr. Johnson confirmed that he had not actually inspected the ship /play structure or the
waterfall/Mohawk Mountain. In addition to those two structures he confirmed there are
also sheds, ponds, decks and platforms on the property. Mr. Johnson indicated he had
only looked at the outside of these various structures and could not attest as to the interior
of the structures nor the soundness of the structures.
12. Mr. Johnson testified that Mr. McGrath had run into problems in putting an extension on
his home /earthship without a permit and Mr. Johnson had assisted him to obtain a permit.
The focus of Mr. McGrath's work thereafter was with respect to his home.
13. Mr. David Crawford provided sworn testimony on behalf of the City. He advised that the
City had received complaints from neighbours with respect to the state of Mr. McGrath's
premises. As a result, Mr. Crawford, as the Deputy Building Inspector, attended at the
WYA
k
5
premises and inspected the structures in question. He took several photographs which
were marked at the hearing as Exhibit 6. These photographs clearly show the property in
a state of disarray with building materials, tires, and other debris strewn over a portion of
the property in what can only be described as a haphazard manner. A shed shown in
photograph 3 of Exhibit 6 appears to be in poor condition and there are a number of
building materials and/or debris balanced up against the shed. Photos 4 and 5 of Exhibit
6 show extensive material around what appears the back of the home or perhaps the back
of the ship /play structure - it is difficult to tell. Photograph 7 shows a platform with a
number of metal railings above the platform at a height of approximately 6 feet, Mr.
Crawford indicated these railings would be at approximately forehead height for him and
were sharp and dangerous to anyone walking in the area.
14. Mr. Crawford testified the structures referenced in the Notice to Comply, the ship /play
structure item B, and the "Unknown structure ", . which appears to be the
waterfall/mountain, item C, were not of sound construction and that both structures had
to be removed from the premises. Mr. Crawford confirmed that a building permit had not
been obtained to construct either of those structures, in addition to the concern with
respect to those two structures, Mr. Crawford maintained that the premises were
unsightly and had to be cleaned up and maintained so as to not present a danger to
anyone who might enter upon the premises. As well, Mr. Crawford made reference to a
shed on the property which had to be removed and the "sharp steel sections" attached to
the platform shown at page 7 of Exhibit 6 which had to be removed.
15. With respect to the ship /play structure, Mr. Crawford testified that the structure is narrow
at the bottom and heavy at the top and when one enters the structure and leans on it the
structure will actually move from side to side. Mr. Crawford also noted that the
foundation of the structure was not finished, had not been properly mortared or grouted,
In his opinion the structure was not sound and was unsafe.
16. Historically with respect to this property, Mr. Crawford testified that in May of 2005 a
violation notice had been sent to Mr. McGrath stating that the premises were unsightly
6
and that debris and junk on the premises had to be removed or cleaned. In July of 2009 a
letter had been forwarded to Mr. McGrath indicating that he was in violation of the
Unsightly Premises By -Law and notified him that the premises would be re- inspected in
two weeks time. Mr. Crawford could not confirm if that re- inspection ever occurred. At
or around the same time an issue arose with respect to construction on Mr. McGrath's
home being done without a permit. That was attended to by the City and a permit was
eventually obtained for that work on September 25, 2009. In June of 2010 additional
work was done on the south side of Mr. McGrath's home without a permit. A permit
application for that work was presently before the City for consideration.
17. Until this Notice to Comply in 2010 it does not appear that anyone at the City focused on
the structures now in question.
18. Ms. Amy Poppenroth, the Deputy Building Inspector, also gave sworn evidence. She
stated that the City was relying on section 190 of the Municipalities Act and she testified
that the debris present on this property was not typical construction debris as inferred by
Mr. Johnson. It was her evidence that the state of the property would constitute a hazard
for any children who may be in the area. She testified that there had been some
construction work on the "ship" commencing back as early as 2005 but that the work had
been more extensive over the past 2 years. Ms. Poppenroth advised that Mr. McGrath
would require a demolition permit in order to remove the structures in question.
19. In reply to the City's position Mr. McGrath stated that his property has been cleaned up
since he received the Notice to Comply and that the materials have been stored in a more
orderly fashion. Mr. Johnson made reference to section 190 of the Municipalities Act and
questioned whether the premises could be considered a "hazard to the public" when they
were solely contained on private property. Additionally, Mr. Johnson challenged whether
the City had proved the premises were unsound. He disputed that the premises /structures
in question were in a dilapidated state.
W130.1
7
20. Mr. Johnson was asked by the Committee what reasonably could be done to stabilize the
structures and what, if any, solution there might be other than having the structures
removed. Mr. Johnson suggested construction fencing could be placed around the
property and/or a cradle built to stabilize the pirate ship structure,
RULING
21. Section 190.01(1) of the Municipalities Act states:-
No person shall permit premises owned or occupied by him or her to be
unsightly by permitting to remain on any part of such premises,
(a) any ashes, junk, rubbish or refuse,
(b) an accumulation of wood shavings, paper, sawdust or other residue of
production or construction,
(c) a derelict vehicle, equipment or machinery or the body of any part of a
vehicle, equipment or machinery, or
(d) a dilapidated building.
Section 190.01(2) states:-
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength.
The Notice to Comply makes reference to both of these sections.
22. The provisions on governing the procedure and operation of the Appeal Committee state:
"4. The Appeal Committee shall, when making its decision in an
appeal involving an allegedly dangerous building or structure, give
due consideration to the following:
(a) Section 190.07 of the Municipalities Act, which provides
that a report from an Architect, an Engineer, a Building
Inspector or the Fire Marshall stating that a building or
structure is dilapidated or structurally unsound is proof in
e
8
the absence of evidence to the contrary that a building or
structure is dilapidated or structurally unsound;
(b) Other representations and evidence presented in support of
the Notice that is being appealed; and
(c) Other representations and evidence presented by the
Appellant or his counsel.
S. The Appeal Committee shall, when making its decision in an
appeal involving allegedly unsightly premises, give due
consideration to the following:
(a) Whether the items involved are enumerated in subsection
190.01(1) of the Municipalities Act;
(b) The location from which the items involved are clearly
visible;
(c} The location and use of the property;
(d) Any representations and evidence presented in support of
the Notice that is being appealed; and
{e) Any representations and evidence presented by the
Appellant or his counsel."
23. The photographs provided by the City marked as Exhibit 6, clearly show what can only
be called "unsightly" premises by virtue of "junk, rubbish or refuse" and/or an
accumulation of "other residue of production or construction" present on the premises.
The evidence of Mr. Crawford is that the two structures referred to in the Notice to
Comply as items B and C are unsound and unsafe. There is no evidence to dispute M.
Crawford's evidence. Mr. Johnson admits he did not inspect these structures.
24, The words 'Building ", "Structure" and "dilapidated" are not defined in the Municipalities
Act generally, or in the section dealing with dangerous or unsightly premises. Section
190.01(1) (d) refers to a dilapidated building. Section 190.01(2) refers to "a buildin&or
structure owned or occupied ... ". Presumably the use of the noun, "structure," is intended
to broaden the application of section 190.01(2). "Building" is defined in the Oxford
Canadian Dictionary as "a permanent fixed structure forming an enclosure and providing
3�91
protection from the elements...". "Structure" is defined as "a whole constructed unit esp.
a building; the way in which a building etc. is constructed ... ". "Dilapidated" is defined
in the Oxford Canadian Dictionary as "fall or cause to fall into disrepair or ruin... ". The
Committee is satisfied that section 190.01(2) is applicable to the structures identified as
"B" & "C" in the Notice to Comply.
25. Section 190 of the Municipalities Act clearly applies to private property. Mr. McGrath
testified that he advised neighbors not to allow their children on his property. Such
children are members of the public, as are Mr. McGrath's neighbours, emergency
workers etc. The evidence of Mr. Crawford satisfies the Committee the structures in
question are a hazard to the safety of the public within the meaning of section 190.01(2)
of the Municipalities Act.
26. The Committee finds that Mr. McGrath's premises are unsightly within the meaning of
section 190,01(1) of the Municipalities Act by reason of "junk, rubbish or refuse" and/or
"accumulation of ... residue of production or construction" and that this must be
rectified. The Committee finds that the structures referenced as item B and' C in the
Notice to Comply are a hazard to the safety of the public by reason of dilapidation and/or
unsoundness of structural strength and must also be remedied or demolished. Given the
safety concerns the Committee is not prepared to extend the time within which this must
be completed.
27. The Appeal is dismissed and the Notice to Comply is confirmed.
DATE at flint 3'o New Brunswick this a ctober, 2010.
NIAtA G. HE FFE ,.C. ph n organ
Chair , j
I CO 1 CONCUR
Donald nook
ICONCUR
CANADA
PROVINCE OF NEW BRUNSWICK
COUNTY OF SAINT JOHN
CITY OF SAINT JOHN
AFFIDAVIT OF SERVICE
I, R++ r
kl VYV �✓ 1 of the City of Saint Jahn in the
County of Saint John and Province of New Brunswick MAKE OATH AND SAY
AS FOLLOWS:
q -0-
1. On the day of q 2010, I served
with the document attached hereto
as Exhibit "A ", b leaving a copy with im her at
New Brunswick.
2. I was able to identify the person served by means of the fact tha he / she
acknowledged to me he / she was
Sworn To before me at the
City of Saint John, N.B.,
o the day of
2010
OF OAI'Pr
MY COMMiSSiON EXPIRES
DECEMBER 31v; 2013
Mew"
RIC-
C
1
FILE 2010.011
IN THE MATTER OF AN APPEAL PURSUANT TO SECTION 190.021(1) OF THE
MUNICIPALITIES ACT, R.S.N.B. 1973, C. M -22 AND PURSUANT TO THE SAINT
JOHN UNSIGHTLY PREMISES AND DANGEROUS BUILDINGS BY -LAW, BY -LAW
NO. M -30
BETWEEN:
RODNEY JOSEPH McGRATH
Appellant
-and-
THE CITY OF SAINT JOHN
Respondent
Parcel Identifier Number: 345074
This is Exhibit
Re e p in t e idav' of
PA {
Sworn befoke rne at the City of
Saint I hn, New u swi k
t. ay of mjueyl atl /(
Commissioner of Oaths
C OP/1"- SSii?NER OF OATHIS
kp'( COfAMiSSiON EXPIRES
tEvEMSER 31 w 2013
Parcel Address: 32 Midwood Avenue, Saint John, NB
Owner: Rodney Joseph McGrath
Decision of The Saint John Substandard Properties Appeal Committee
I I
2 }
1. The Appellant, Rodney Joseph McGrath, appeals a Notice to Comply issued by the
Municipal Officer of the City of Saint John on the Yd day of September, 2010. The
Notice to Comply requires the Appellant to remedy the state of the premises located at 32
Midwood Avenue, Saint John, New Brunswick and, identified as "A" in the inspection
report and the structures identified as B and C in the inspection report signed by David
G.M. Crawford, P. Eng., on the P day of September, 2010. The premises are alleged to
be unsightly and to have become a hazard to the safety of the public by reason of
dilapidation and unsoundness of structural strength. The work is to be completed within
sixty (60) days of the Appellant having been served with the Notice to Comply.
2. The Appellant represented himself at the hearing but also had Mr. John Johnson,
professional engineer and former building inspector for the City of Saint John, attend and
provide evidence on the Appellant's behalf.
3. The position of the City of Saint John was presented by Mr. David Crawford, Deputy
Building inspector.
4. Mr. McGrath identified the Notice of Appeal dated September 21, 2010 and marked as
Exhibit 1 as the appeal upon which he was proceeding. Mr. McGrath also identified the
Notice to Comply dated September 3, 2010 and marked as Exhibit 2 as the subject matter
of the appeal.
5. Mr. McGrath provided sworn testimony. He testified the premises identified as "A" in
the Notice to Comply have been cleaned. The structures referred to under "A" have nto
been removed or modified. He maintains that the structures identified as B and C in the
Notice to Comply, are not in a dilapidated condition and are not structurally unsound. He
states both structures are under construction and that he has been working with Mr -John
Johnson, a professional engineer, during this construction. Mr. McGrath testified that he
a111�7
z
is working hard to improve the subject property and to construct energy efficient
structures.
6. According to the photographs provided, Mr. McGrath calls his property the "Enchanted
Kingdom, a gateway to Mohawk Mountain ". On the property Mr. McGrath has a house
where he and two other adults currently reside. Behind the house there is at least one
pond, a small structure which is referred to as a sawmill and to the rear of the sawmill, a
structure referred to as Mohawk Mountain from which there is actually or intended to be,
a waterfall. The mountain/waterfall is not complete, it is understood this is structure "C"
in the Notice to Comply. Additionally, a partially constructed ship /play structure is
located on the premises, this is structure `B" in the Notice to Comply.
7. Mr. McGrath testified that the premises are, and have been, in a state of construction for
approximately five years, if not longer. Mr. McGrath confirmed that he has not obtained
building permits with respect to the two major structures in question, the
mountain/waterfall and the ship /play structure. Mr. McGrath testified that on the advice
of Mr. Johnson, he has most recently been focusing on completing work to his residence
which is also referred to as the "earthship ".
8. Mr. McGrath provided a copy of correspondence that he had forwarded to the Common
Clerk of the City of Saint John in March of 2009 in which he sought to address Council
on the architecture of a Mr. Michael Reynolds and on communities constructed by Mr,
Reynolds in Mexico which are alleged to be self-sustaining, with water, sewage, water
and wind power, etc. Mr. McGrath was following the teachings of Mr. Reynolds in his
own construction. Mr. McGrath testified that the structures in question B & C were
constructed completely from recycled materials. He indicated that the foundations were
sound and in part employed recycled tires for support.
9. Mr. Johnson identified his qualifications and past experience and testified that he had had
difficulty locating the Saint John Unsightly Premises and Dangerous Buildings By -Law.
II "U701
{
He stated that he was not aware of the actual terms of that By -law. Mr. Johnson was
provided with a copy of the By -law at the hearing.
10. Mr. Johnson testified that Mr. McGrath has been working to cteate an energy - efficient
modified home, to improve his property and to create a beautiful and unique area. M.
Johnson drew an analogy between Mr. McGrath's property and the well known
"Murphy's Hill" located in the west side of the City of Saint John. Mr. Johnson indicated
Mr. McGrath's property may appear unsightly during the construction phase but he
maintained that this was no different than other construction sites where work is in
progress. Mr. Johnson stated that since receiving the Notice to Comply Mr. McGrath had
tried to remove most of the wood and other debris which was not usable from the
property and he had tried to better organize the recyclable material that would eventually
be incorporated into the structures on his property.
11. Mr. Johnson testified that Mr. McGrath's "method of getting there was unusual" and that
he had advised Mr. McGrath how to modify his premises so that they would be "safe to
occupy ". Mr. Johnson stated that, he felt the premises were safe. On closer examination
it was clarified Mr. Johnson was referring to Mr. McGrath's "earthship ", his residence.
Mr. Johnson confirmed that he had not actually inspected the ship /play structure or the
waterfall/Mohawk Mountain. In addition to those two structures he confirmed there are
also sheds, ponds, decks and platforms on the property. Mr. Johnson indicated he had
only looked at the outside of these various structures and could not attest as to the interior
of the structures nor the soundness of the structures.
12. Mr. Johnson testified that Mr. McGrath had run into problems in putting an extension on
his home /earthship without a permit and Mr. Johnson had assisted him to obtain a permit.
The focus of Mr. McGrath's work thereafter was with respect to his home.
13. Mr. David Crawford provided sworn testimony on behalf of the City. He advised that the
City had received complaints from neighbours with respect to the state of Mr. McGrath's
premises. As a result, Mr. Crawford, as the Deputy Building Inspector, attended at the
a1li FA
k
5
premises and inspected the structures in question. He took several photographs which
were marked at the hearing as Exhibit 6. These photographs clearly show the property in
a state of disarray with building materials, tires, and other debris strewn over a portion of
the property in what can only be described as a haphazard manner. A shed shown in
photograph 3 of Exhibit 6 appears to be in poor condition and there are a number of
building materials and/or debris balanced up against the shed. Photos 4 and 5 of Exhibit
6 show extensive material around what appears the back of the home or perhaps the back
of the ship /play structure - it is difficult to tell. Photograph 7 shows a platform with a
number of metal railings above the platform at a height of approximately 6 feet, Mr.
Crawford indicated these railings would be at approximately forehead height for him and
were sharp and dangerous to anyone walking in the area.
14. Mr. Crawford testified the structures referenced in the Notice to Comply, the ship /play
structure item B, and the "Unknown structure ", . which appears to be the
waterfall/mountain, item C, were not of sound construction and that both structures had
to be removed from the premises. Mr. Crawford confirmed that a building permit had not
been obtained to construct either of those structures, in addition to the concern with
respect to those two structures, Mr. Crawford maintained that the premises were
unsightly and had to be cleaned up and maintained so as to not present a danger to
anyone who might enter upon the premises. As well, Mr. Crawford made reference to a
shed on the property which had to be removed and the "sharp steel sections" attached to
the platform shown at page 7 of Exhibit 6 which had to be removed.
15. With respect to the ship /play structure, Mr. Crawford testified that the structure is narrow
at the bottom and heavy at the top and when one enters the structure and leans on it the
structure will actually move from side to side. Mr. Crawford also noted that the
foundation of the structure was not finished, had not been properly mortared or grouted,
In his opinion the structure was not sound and was unsafe.
16. Historically with respect to this property, Mr. Crawford testified that in May of 2005 a
violation notice had been sent to Mr. McGrath stating that the premises were unsightly
.i
6
and that debris and junk on the premises had to be removed or cleaned. In July of 2009 a
letter had been forwarded to Mr. McGrath indicating that he was in violation of the
Unsightly Premises By -Law and notified him that the premises would be re- inspected in
two weeks time. Mr. Crawford could not confirm if that re- inspection ever occurred. At
or around the same time an issue arose with respect to construction on Mr. McGrath's
home being done without a permit. That was attended to by the City and a permit was
eventually obtained for that work on September 25, 2009. In June of 2010 additional
work was done on the south side of Mr. McGrath's home without a permit. A permit
application for that work was presently before the City for consideration.
17. Until this Notice to Comply in 2010 it does not appear that anyone at the City focused on
the structures now in question.
18. Ms. Amy Poppenroth, the Deputy Building Inspector, also gave sworn evidence. She
stated that the City was relying on section 190 of the Municipalities Act and she testified
that the debris present on this property was not typical construction debris as inferred by
Mr. Johnson. It was her evidence that the state of the property would constitute a hazard
for any children who may be in the area. She testified that there had been some
construction work on the "ship" commencing back as early as 2005 but that the work had
been more extensive over the past 2 years. Ms. Poppenroth advised that Mr. McGrath
would require a demolition permit in order to remove the structures in question.
19. In reply to the City's position Mr. McGrath stated that his property has been cleaned up
since he received the Notice to Comply and that the materials have been stored in a more
orderly fashion. Mr. Johnson made reference to section 190 of the Municipalities Act and
questioned whether the premises could be considered a "hazard to the public" when they
were solely contained on private property. Additionally, Mr. Johnson challenged whether
the City had proved the premises were unsound. He disputed that the premises /structures
in question were in a dilapidated state.
a12]
7
20. Mr. Johnson was asked by the Committee what reasonably could be done to stabilize the
structures and what, if any, solution there might be other than having the structures
removed. Mr. Johnson suggested construction fencing could be placed around the
property and/or a cradle built to stabilize the pirate ship structure,
RULING
21. Section 190.01(1) of the Municipalities Act states:-
No person shall permit premises owned or occupied by him or her to be
unsightly by permitting to remain on any part of such premises,
(a) any ashes, junk, rubbish or refuse,
(b) an accumulation of wood shavings, paper, sawdust or other residue of
production or construction,
(c) a derelict vehicle, equipment or machinery or the body of any part of a
vehicle, equipment or machinery, or
(d) a dilapidated building.
Section 190.01(2) states:-
No person shall permit a building or structure owned or occupied by him
or her to become a hazard to the safety of the public by reason of
dilapidation or unsoundness of structural strength.
The Notice to Comply makes reference to both of these sections.
22. The provisions on governing the procedure and operation of the Appeal Committee state:
"4. The Appeal Committee shall, when making its decision in an
appeal involving an allegedly dangerous building or structure, give
due consideration to the following:
(a) Section 190.07 of the Municipalities Act, which provides
that a report from an Architect, an Engineer, a Building
Inspector or the Fire Marshall stating that a building or
structure is dilapidated or structurally unsound is proof in
34TOO
8
the absence of evidence to the contrary that a building or
structure is dilapidated or structurally unsound;
(b) Other representations and evidence presented in support of
the Notice that is being appealed; and
(c) Other representations and evidence presented by the
Appellant or his counsel.
S. The Appeal Committee shall, when making its decision in an
appeal involving allegedly unsightly premises, give due
consideration to the following:
(a) Whether the items involved are enumerated in subsection
190.01(1) of the Municipalities Act;
(b) The location from which the items involved are clearly
visible;
(c} The location and use of the property;
(d) Any representations and evidence presented in support of
the Notice that is being appealed; and
{e) Any representations and evidence presented by the
Appellant or his counsel."
23. The photographs provided by the City marked as Exhibit 6, clearly show what can only
be called "unsightly" premises by virtue of "junk, rubbish or refuse" and/or an
accumulation of "other residue of production or construction" present on the premises.
The evidence of Mr. Crawford is that the two structures referred to in the Notice to
Comply as items B and C are unsound and unsafe. There is no evidence to dispute M.
Crawford's evidence. Mr. Johnson admits he did not inspect these structures.
24, The words 'Building ", "Structure" and "dilapidated" are not defined in the Municipalities
Act generally, or in the section dealing with dangerous or unsightly premises. Section
190.01(1) (d) refers to a dilapidated building. Section 190.01(2) refers to "a buildin&or
structure owned or occupied ... ". Presumably the use of the noun, "structure," is intended
to broaden the application of section 190.01(2). "Building" is defined in the Oxford
Canadian Dictionary as "a permanent fixed structure forming an enclosure and providing
341301
protection from the elements...". "Structure" is defined as "a whole constructed unit esp.
a building; the way in which a building etc. is constructed ... ". "Dilapidated" is defined
in the Oxford Canadian Dictionary as "fall or cause to fall into disrepair or ruin... ". The
Committee is satisfied that section 190.01(2) is applicable to the structures identified as
"B" & "C" in the Notice to Comply.
25. Section 190 of the Municipalities Act clearly applies to private property. Mr. McGrath
testified that he advised neighbors not to allow their children on his property. Such
children are members of the public, as are Mr. McGrath's neighbours, emergency
workers etc. The evidence of Mr. Crawford satisfies the Committee the structures in
question are a hazard to the safety of the public within the meaning of section 190.01(2)
of the Municipalities Act.
26. The Committee finds that Mr. McGrath's premises are unsightly within the meaning of
section 190,01(1) of the Municipalities Act by reason of "junk, rubbish or refuse" and/or
"accumulation of ... residue of production or construction" and that this must be
rectified. The Committee finds that the structures referenced as item B and' C in the
Notice to Comply are a hazard to the safety of the public by reason of dilapidation and/or
unsoundness of structural strength and must also be remedied or demolished. Given the
safety concerns the Committee is not prepared to extend the time within which this must
be completed.
27. The Appeal is dismissed and the Notice to Comply is confirmed.
DATE at flint 3'o New Brunswick this a ctober, 2010.
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Estabrooks Engineering Inc.
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y STRUCTURAL CONSULTANTS
May 27, 2010
Ms. Amy Poffenroth, P.Eng.
Deputy Commissioner
Building and Technical Services
PO Box 1971
Saint John, NB
E2L 4L1
Dear Ms. Poffenroth:
RE:
32 MIDWOOD AVENUE
SAINT JOHN, NB
RECEIVED
JUN 3 0 2M
BUILDING INSPECTION
As per your request, I visited the above noted property, on May 17, 2010, to review the partially
completed work which has been performed pursuant to Building Permits Phase 1 and Phase 2.The
purpose of the inspection was to obtain information in order to make a determination as to
compliance of the work with the City of Saint John Building Bylaw and the structural provisions
of the National Building Code of Canada.
The subject structure is an addition to an existing single family home. The addition would fall,
generally, under the provisions of Part 9 of the National Building Code. As such the structure
must conform to specific requirements of Part 9, be designed according to good engineering
practice or be designed in accordance with Part 4 using appropriate loading, deflection and
vibration limits, as specified therein.
The structure framing is only partially completed. Our comments are based on a brief site review
and therefore, there may be significant additional deficiencies which are not included in this
report.
FOUNDATION
The structure of the addition is supported on a highly unconventional foundation consisting of
three layers of rubber tires laid along the perimeter of the structure and filled with granular
material. The sill plate of the exterior building walls rests on top of the filled tires. There does not
appear to be any effective means of interconnection either between the rubber tire units or
between the layers of tires or to the wall sill plate. The drawings and Engineer's letter referenced
in the building permit indicate the tires are to be encased in concrete but this has not been done,
as yet.
Suite 803 Barbour Building
133 Prince William Street
Saint John, New Brunswick
Canada EM 2B5
109
Tel: (506) 674 -1810
Fax: (506) 674 -1812
dan@estabrooks.com
www.estabrooks.eom
Page 2
It appears that the filled tires are placed directly on existing soil at grade level.
Based on our review, the structure foundation does not comply with the National Building Code
and/or Building Permit stipulations, in the following areas:
1) NBC 9.4.4.4 - Soil Movement. The building foundation is likely to be subject to soil
movement due to freezing, which will adversely affect the building's performance and
stability. The addition is to be unheated other than by solar radiation through the exterior
glass windows. Based on the observed configuration and the current construction of the
exterior walls, it is unlikely there will be enough thermal mass and/or insulation to
prevent the ground below the walls from freezing.
2) NBC 9.12.2.2 - Minimum Depth of Foundations. The foundation wall should extend at
least below the level of frost penetration which would typically be 1.2 metres unless the
foundation is properly insulated to reduce heat loss.
3) The Engineer's letter referenced in the building permit indicates the foundation is to be
concreted, which has not been done.
If the building is to remain in place, the foundation must be properly constructed to provide
adequate vertical and lateral support for the building walls, without excessive movement due to
frost action over a normal service life. The foundation must extend below frost or be properly
protected by insulation or other means.
In addition to providing adequate protection from frost action, the foundation wall should be cast
in concrete, tied together with wire mesh reinforcing to fill all voids in the wall and provide a
continuous means of transferring the vertical and horizontal structural loads, to the supporting
soil bearing, as was indicated in the Engineer's letter dated August 26, 2009 and referenced in
the building permit. The concrete work should be in accordance with CSA A23.1 "Concrete
Materials and Methods of Concrete Construction ".
The building walls should be anchored to the foundation in accordance with NBC 9.23.6.
STRUCTURE
1) The roof rafters of the addition are toe nailed to the face of a fascia board (which is also
quite deteriorated) on the outside edge of the roof overhang of the existing building.
Clearly, this does not provide adequate support. The new roof structure must be
supported so that the design roof loads are transferred by adequate means of connection,
through a consistent load path, into the existing building wall structure.
110
1�
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Page 3
2) At the outside wall, the new roof rafters are improperly toe nailed to the face of a header
joist and do not bear on the wall or adequate ribbon board, as required.
3) The header joists extend along the top of the sloping exterior glass wall which is sitting
on top of the tires. Under roof loading this would potentially create an outward force at
the base of the wall which is currently only nailed down into the gravel in the tire
foundation.
The above noted structural items must be corrected.
MODEL SHIP
In addition to the building extension as referenced under Building Permits Phase 1 and Phase 2,
there is an independent wood structure on the property which was constructed prior to the
current project, apparently to represent a model of a wooden ship.
This structure is quite high, approximately 4 to 5 metres in total, and has several different floor
levels. The upper levels are accessible by internal stairways and some areas are exposed without
having necessary railings for fall protection.
The structure is not adequately constructed to support potential climatic or occupancy loadings.
The joists which support the floor levels are not properly connected to the supporting studs.
There is inadequate lateral stability and the structure was observed to sway noticeably under
loading.
Some of the wood components comprising the structure are deteriorated.
The structure is supported on concrete block masonry. The block mortar joints are deteriorated.
The existence or adequacy of a foundation below the concrete block masonry is unknown.
This structure is of significant height and weight, such that its collapse could cause serious injury
to any person who may be inside or adjacent to the structure. Also, as noted above, there is a
significant falling hazard, from the upper levels.
I would therefore recommend that this structure be immediately repaired and/or upgraded to
correct the above noted unsafe conditions or, in the alternative, that the structure be removed.
Yours sincerely,
Estabrooks Engineering Inc. "- �i w"��t�
r 5'M3376
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Daniel A. Estabrooks P.Eng UR wMXt
111
-- Estabrooks Engineering Inc.
STRUCTURAL CONSULTANTS
February 11, 2011
Ms. Amy Poffenroth, P.Eng.
Deputy Commissioner
Building and Technical Services
PO Box 1971
Saint John, NB
E2L 4L1
Dear Ms. Poffenroth:
RE: 32 MIDWOOD AVENUE
SAINT JOHN, NB
As per your request, this letter is to provide further detail regarding the "Model Ship" structure
located in the rear yard of 32 Midwood Avenue, namely, that the structure in question is, in my
opinion, structurally unsound.
I had discussed this structure briefly in my letter dated May 27, 2010, with reference to the above
noted property. The structure is built predominantly of wood and is approximately four to five
metres in height. There are several floor levels which are joined by internal stairways. The
structure appears to have been built to replicate the appearance of a ship.
Following is a summary of the concerns which I had noted during my inspection on May 17,
2010:
I) FALL PROTECTION
There are several accessible levels of the structure which are between 2.5 metres to 4.5 metres
above the ground surface and which do not have adequate guardrails to prevent a person from
falling and being injured. The National Building Code requires a guard, adequate to resist
specified loads, wherever there is a difference in elevation of more than 600 mm to the adjacent
surface. (See Photograph 1)
2) FOUNDATION
The structure appears to be built on a base of stacked concrete blocks, two levels in height, and
buried slightly in the existing soil. The concrete blocks are deteriorated, with very little mortar in
the joints to bond the concrete blocks together (See Photographs 2 and 3). There are several
functions which an adequate foundation must serve, under any structure:
Suite 803 Harbour Building
133 Prince William Street
Saint John, New Brunswick
Canada E2L 2B5
112
Tel: (506) 674 -1810
Fax: (506) 674-1812
dan @estabrooks.com
www.estabrooks.com
Page 2
(1) The foundation must be able to provide stable support to resist the weight of the building and
any gravity loads which might be applied to it (snow loading, for example) without moving or
settling into the ground. The base of this structure is not properly tied together to form an
integral base and appears to be unstable.
(2) The foundation must be able to resist lateral loads such as wind, which may result in
combined uplift and horizontal forces, on the foundation. The Code requires that a building be
properly anchored to a secure foundation, so the foundation can then provide resistance to
overturning forces caused by wind, for example. This particular structure is quite narrow and
high and, therefore, would be more susceptible to overturning forces than a shorter, wider
structure. The wood framing does not appear to be properly anchored to the foundation which, in
any case, would be able to provide very little resistance to uplift or horizontal loading.
(3) The foundation must also be able to resist the environmental effects of freezing and thawing
soil, moisture, etc. without moving, settling and/or disintegrating. The concrete blocks making
up the base of this structure were observed to be deteriorated and displaced, apparently due to
the effects of climatic exposure.
In my opinion, the base of this structure does not provide the requirements for a proper
foundation as noted above.
3) LATERAL STABILITY
Lateral or horizontal loads can cause a structure to collapse if there is not an adequate path for
applied horizontal loads to be taken to the ground level, through bracing, paneled shear walls or
other means. Gravity loads can also cause horizontal forces in a structure if the structure is not
completely vertical. This structure does not have any diagonal bracing or sufficient wall panels
to resist the lateral loads which might be applied to it. During our inspection, the structure was
observed to sway noticeably, just due to persons walking on the stairs and upper levels.
4) VERTICAL SUPPORT
The above ground floor decking is nailed to wood joists, several of which are not properly
supported on the vertical studs or posts. Many of the joists are nailed directly to a supporting
stud, such that all of the load in the joist must be resisted by two nails (See Photographs 4 to 6).
The normal method of support for floor joists (as required in the National Building Code) is to
bear on a top plate which is then supported directly on the studs. Another acceptable method is to
bear on a horizontal ledger which is notched into the studs.
In addition to the above items, the stairs do not meet code requirements and some of the wood
materials are becoming deteriorated due to exposure.
113
Page 3
I trust that the above satisfactorily explains our concerns. Based on these factors we have
recommended that this structure be immediately repaired and/or upgraded to correct the above
noted unsafe conditions or, in the alternative, that the structure be removed.
Yours sincerely,
Estabrooks Engineering Inc.
Daniel A. Estabrooks P.Eng
#M3376
9
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CAI*
HWVeau'e',..����
114
Photograph 1 - Missing and inadequate railings
Photograph 2 - Stacked concrete block base
115
Photograph 3- Base of structure
Photograpli 4 - Interior view showing wall construction
116
Photograph 5- Attachment of floor joist to stud
Photograph 6 - Floor joist connection
117
32 Midwood Avenue
Playhouse Structure
Rear wall of Playhouse Structure
Photo # 2
11 t i .i 5
L - i i
Structure Foundation
Photo # 4
2/11/2011
Playhouse Structure, Front view with entrance
Photon 1
7,
Structure Foundation
Photo # 3
J
Construction of exterior wall
Photo # 5
1
118
Fmnt of Structure
Photo N 6
119
I 1
r
Interior construction
Photo# 7
2/11/2011
32 Midwood Avenue
Undefined Unfinished
Structure
120
2/11 /2011
Structure Condition Report
32 Midwood Avenue, PID 345074
Playhouse Structure
Photo # 1
The front of the structure is shown with the entrance visible just behind the red deck and below the red
horizontal band. The structure is quite high at approximately 5 metres to the top of the rails on the
roof. Please note that the rails, both on the highest level and on the other deck area to the right are not
complete. The rails do not affect the structural integrity but do affect the overall safety for anyone on
or using the structure.
Photo # 2
The rear of the ship playhouse is shown. Of note is that the structure is significantly wider at the top
than at the bottom. The sheathing on the walls is unprotected from the weather and is deteriorated.
There is little continuous coverage by the sheathing, indicated by the numerous seams orjoints around
and under the upper windows. Having more joints in sheathing, and having those joints occurring in the
same line, horizontally and vertically, leads to weakness in the structure and the possibility of movement
at those joints.
Photo # 3 and # 4
A portion of the foundation of the structure is shown. A building foundation is expected to support the
weight of the structure, to provide stability to the structure in the case of wind loads, snow loads, or
earthquake loads, to protect the structure from movements due to frost action, and to prevent
settlement of the structure.
The foundation construction is of poor quality, with the blocks not evenly placed and the joints between
the blocks not properly filled with mortar. There is no apparent footing for the foundation, there is no
evidence that the foundation extends below frost level, there is no evident anchorage for the building
frame to the foundation, and the blocks are in a state of deterioration.
Photo # 5
This photo shows the typical sheathing of the sides of the playhouse structure. Generally lumber
sheathing is applied so that joints are staggered or offset by one or more stud spaces. The Building
Codes require that joints in sheathing be staggered or that diagonal bracing be provided in the wall
structure to resist movement. Doing so provides stability to the structure to resist horizontal forces.
Having the joints aligned as they are on this structure does not provide structural stability as the joints
act collectively as hinge points, providing little resistance to movement.
121
Photo # 6
The front of the playhouse structure is shown. Note that the foundation is not continuous across the
front of the structure and that the sheathing continues to have the joints all lined up.
Photo # 7
Some of the interior structure of the second level deck and supporting walls can be seen. The Codes
require that loads from the structure itself or from any use that may take place on or in the structure be
transferred from any upper levels to the foundation by direct bearing through the structural members.
That is, one member rests directly on top of the one below, not using a connection to transfer the load,
and using nails or fasteners to secure against movement only.
It is evident from the photo that the vertical bearing members are nailed to the sides of the horizontal
members, resulting in loads being carried by the attachment of one member to the other, perhaps two
or three nails. Such connections can be easily overloaded and fail.
There is very little in the way of lateral movement resistance built in to the structure. Generally, in a
high narrow structure such as this one, the construction would include cross bracing or some other
method of resisting horizontal movement. There is significant weight on the upper levels and any
horizontal movement, from side to side, may create an eccentric load situation, an unstable condition
that could result in collapse of the structure.
David G. M. Crawford, P. Eng.
Deputy Building Inspector
122
Structure Condition Reort
32 Midwood Avenue, PID 345074
Undefined Structure
A tall and narrow structure has been partially constructed in the rear yard of the property. It appears to
be constructed of a wooden frame with steel shelving and other metal pieces, such as bread trays,
chicken wire, and steel mesh attached to it. The structure has been partially covered with the wire
mesh and what appears to be mortar or concrete. The structure is undoubtedly very heavy and has
many sharp protrusions. Its structural stability cannot be determined given that there is no evidence of
any particular organized support structure and the fact that the concrete or mortar has been placed
primarily on one side.
David G. M. Crawfor , P. Eng.
Deputy Building Inspector
123
p� �r9 (/
Rodney McGrath
32 Midwood Avenue
Saint John, NB E2P 1 K6
February 14, 2011
Mayor and Common Council delivered by hand
City of Saint John
P.O. Box 1971
Saint John, NB E21L 4L1
Dear Mayor and Common Council:
Please find enclosed a condition report on the three structures on this property which
were the subject of an order under the Unsightly Premisses and Dangerous Buildings
bylaw.
The condition of the yard is now not significantly different than any other construction
site. Please note that there are two valid buildings permits extant on this property and
the property is neater than many other construction sites in the city.
Yours truly,
Rodney McGrath
Enclosures
124
32 Midwood Avenue
February 9, 2011
Page 1 of 3
32 Midwood Avenue
Condition report with respect to
1. Pirate ship
2. structure
3. shed
Introduction
These three structures are the subject of an action by the City of Saint John under the
Saint John Unsightly Premisses and Dangerous Buildings bylaw.
This report will review the structural condition of the structures as to whether they are
"lacking in structural strength" as to be a danger to the public.
This report includes a letter to Mr. David Crawford, dated December 2, 2010 (Appendix
A) in which the subject of structural strength was discussed and none of the structures
were found to be either dilapidated or structurally unsound. The actions by city staff
should have ceased.
This report will discuss each of the structures.
The Pirate Ship
The pirate ship (plan shown in Appendix B) is a structure 28'- 6" long and 6'— 10' wide
(except at the bow). There are several levels in the ship which is less than 20' tall (roof
of highest section). The issue raised in the inspection report was that the structure
would sway when walking inside it. The structure was inspected on Tuesday, February
8, 2011 and no sway was noticeable with 2 large persons inside the structure.
The pirate ship is 16' high above the concrete block. The tallest section is 12' long and
has the narrowest base. As a result, wind loads have the most impact on this section of
the pirate ship. Therefore, this section of the structure is reviewed in the following to
establish the acceptability of the entire structure. This part of the structure is 5' - 7' /z"
wide at the base (i.e. concrete blocks).
The structure was reviewed with respect to its ability to resist wind. A 1: 10 year wind
load which is a fairly extreme event was used. Because the structure has a low human
Johnson Engineered 5olutione Limited
125
32 Midwood Avenue
February 9, 2011
Page 2 of 3
occupancy, an Importance factor of 0.8 was used. The wind load of 1:10 years is about
8 pounds per square foot. The following factors apply to the investigation.
1. CPC9 = 1.3 which is very conservative as the structure is not weather tight
2. C8 = 0.7 (small short structure)
3. Load Factor =1.0 (The investigation is to examine whether a structure is too unsafe
to be allowed to remain. No person would be in /near this structure in an extreme
wind event).
4. Force on the structure per foot of length acting at mid height would be 16' x 1' x 8
psf x 0.8 x 1.3 x 0.7 x 1.0 = 93 pounds per foot
5. Overturning moment = 8 x 93 = 744 foot pounds
6. Uplift load on perimeter is 744 foot pounds/foot of structure /5.6' = 150 pounds per
foot of structure
The structural weight offsets this load. The structure weighs more than would be
expected because the moisture content of the wood is high (as it is exposed to the
elements). As a result, the weight of the structure is estimated at about 150 pounds per
foot at the top of the concrete blocks. As the structure is connected to the concrete
blocks, which weigh at least 80 pounds per foot, the connection plus suction forces are
not actually stressed. This structure will therefore resist a 1:10 year wind event.
Please note the following facts.
Farm buildings (large barns) and Part 9 buildings (i.e., buildings 3 stories or less in
building height and 600 m2 or less in building area, with human occupancies such as
fitness centres and apartment buildings) are not required to be designed for wind. This
pirate ship has therefore been reviewed against a standard that much larger and more
important structures would not necessarily meet. In conclusion, it is my professional
opinion that this pirate ship is not dangerous with respect to its structural strength. The
structure is stable.
Statue
The statue is approximately 4' x 6' x 12' high. The weight of this structure is very high
because of the concrete that has been placed. A calculation simulation to the above is
shown below.
F = 8 pounds per square foot x 1.3 x 0.8 x 1.0 x 0.7 x 6'x 12 = 410 pounds. (Total wind
load)
This force generates a stress of t 1 pounds per square inch on the base. Concrete
weighs 1 pound per square inch (1' high). As the statue is a minimum of 3' high and up
Johnson Engineered 5olution5 Limited
126
32 Midwood Avenue
February 9, 2011
Page 3 of 3
to 12' high. It clearly weighs more than 150 pounds per square foot. Therefore, the
statue will not fall over. Pictures of the statue are contained in Appendix C.
The Shed
The shed is 12'x 8' and 8' or less in height. The walls are 2 x 4's at 16" on centre. The
shed needs a coat of paint. The pictures in Appendix clearly show the roof supporting
12" to 18" of snow without noticeable deflection. The walls are reasonably plumb. This
structure is clearly not structurally unstable. There are many sheds in the city in much
worse condition than this shed.
Conclusion
All three of these structures are presently stable and are not dilapidated or lacking in
structural strength so as to be dangerous.
John H. Johnson P. Eng
127
Johnson Engineered Solutions Limited
APPENDICES
Appendix A — Letter of December 2, 2010
Appendix B — Pirate Ship Plan & Photos of Pirate Ship
Appendix C — Statue Plan & Photos of Statue
Appendix D — Shed Plan & Photos of Shed
Appendix E — Relevant Experience
128
APPENDIX A
Letter of December 2, 20 10
129
Johnson Engineered 5olutiono Limited
323 Maple Row, Saint John, NB E2M 2A4
Telephone (506) 635 -4996 Fax (506) 672 -5155
E -Mail oolution®nbnet.nb.ca
December 2, 2010
David Crawford, P. Eng.
Deputy Building Inspector
City of Saint John
P.O. Box 1971
Saint John, NB E21- 41-1
Re: Rodney McGrath
32 Midwood Avenue
PID 345074
Dear Sir:
I have examined the structures on this property as described below.
1. Pirate Ship
This structure is not unstable. I have recommended the addition of some cross -
bracing in the interior which will reduce the slight rocking at the front. Wind or
snow loads would not be a problem even without the bracing.
2. The Sculpture
This structure is not unstable. However, there are sharp objects on the surface
which could be hazardous to someone who fell onto it. I have recommended
that Mr. McGrath cover the sculpture with a tarpaulin.
engineers and management conoultant5 building bridges between the present and the future
130
David Crawford
Re: 32 Midwood Avenue
December 2, 2010
Page 2 of 2
3. The Shed
This structure is not unstable. This structure contains a lot of combustible
materials most of which are unuseable. I have advised Mr. McGrath to remove
garbage from the premises.
Finally, this property is a construction site. The photographs presented by staff to
the committee did not reflect the condition of the site at the date of the hearing.
Please advise what, if any, action you plan to take so that my client can be provided
with proper legal advice.
If I can be of further assistance, please call.
Yours very truly,
John H. Johnson, P. Eng.
Copy to Rodney McGrath
engineers and management consultants building bridges between the present and the future
131
APPENDIX B
Pirate Ship Plan
Photos of Pirate Ship
engineers and management consultants building bridges between the present and the future
132
1'
2�i_8r
7G8i_L r
Barr lf�anad BaWl�lJatiad ��4
3" Mo. pa 37 ". . Aye
svEMJablLliMm?M swmj lm Ks
7i 6.114996 Fa An -3113
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Pirate Ship Top Plan View
SCALE N1g SmM A4 REV D
AIL-
133
Pirate ship wood is wet and as a result is heavier than normal
Pirate ship second floor structure is framing typical of house
construction
134
Pirate ship with conventional framing
Significant snow loads inside pirate ship
135
Pirate ship is not weather tight
r
sp
i
Pirate ship is not weather tight
136
Roof of pirate ship has no access
137
APPENDIX C
Statue Plan
Photos of Statue
138
Ell
139
4-
4'
12' -0'
6'
Base
Area
East /West
South /North View
View
1-6'— 0 �
i 4' -0'
ENGINEER
CLIENT
Johmun I•.nitinnccnvt sotutiun t iminl
Rudno 1tc(;rdth
M.1ple lio%,
32 %Iid"uud A%c
Saint 'An A B l _%t 2.\1
saint .tnhn \.B
ttnnl tiulunama Mum Aca
Statue Plan View and Side Views
SCALE "Is
SHEET k•I REV u
139
4-
/_
W4
Statue
Statue
140
iF
Statue (brown)
141
APPENDIX D
Shed Plan
Photos of Shed
142
143
Shed supporting snow without deflection
Inside of shed
144
APPENDIX E
Relevant Experience
145
Relevant Experiences of Mr. John Johnson. P,Eng.
• Graduated University of Toronto 1970
• Fellow of American Society of Civil Engineers
• Professional registrations (current)
o British Columbia
o Newfoundland
o Prince Edward Island
o Nova Scotia
o New Brunswick
o Maine
o New Hampshire
o Vermont
o Alberta
• Member of the Use and Occupancy Committee for the Canadian Commission
of Building and Fire Codes 1990 -1994
• Building Inspector, City of Saint John, 1980 -1994
• As well as designing conventional buildings, other designs have included
o Straw bale houses
o Slip form for LNG tanks
o Metal stud buildings
o Safety procedures for contractors
o Support for the front wall of Queen Street South End Co-op housing
project
o Farm buildings and other structures
o Modular housing
o ICF buildings with Hambro floor system
o Gunite tanks
n Tilt -up buildings
o Ship and wharf structhures
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REPORT TO COMMON COUNCIL
M &C2011 -30
February 9, 2011
His Worship Mayor Ivan Court
And Members of Common Council
Your Worship and Members of Council,
SUBJECT: UPDATE ON SAINT]OHN HARBOUR CLEAN -UP
INTRODUCTION
�,
The City of Saint John
Saint John Harbour Clean -Up is about good health, clean waterways and quality of life.
Wastewater collection and treatment systems are put in place to protect people and the
natural environment, and to sustain societal well -being and economic activity.
Nature has an amazing ability to cope with water wastes and pollution, but it is
overwhelmed by the millions of litres of untreated sewage released daily into our water
environment. Restoring rivers, streams, wetlands and waterfront to good health has
been a priority of the City of Saint John for almost two decades. A comprehensive plan
of improvement was first documented in the 1993 Wastewater Strategy.
Municipal wastewater effluents are among the largest sources of water pollution, by
volume, in Canada. From both sanitary sewage and storm water, these flows can contain
grit, debris, suspended solids, disease - causing pathogens, decaying organic wastes,
nutrients, and about 200 identified chemicals. In 1993, this community was discharging
23.5 million litres of untreated wastewater effluent daily into the environment through
about 55 raw sewage outfalls.
Purpose of Report This report presents an update on the Harbour Clean -Up initiative.
BACKGROUND
Urban communities generate enormous quantities of human and other wastes, much of
which pose risks to human, animal and environmental health. Modern wastewater
systems collect, clean and return used waters back to nature - to be used again and
again. At sewage treatment plants, wastewater flows are conditioned in a way that
mimics natural biodegradation processes; removing a wide variety of wastes, debris,
food scraps, oils, grease, soaps and chemicals. Where combined sewers are involved,
the process must also deal with the substances and large volumes of water that wash off
roads and properties. Treated wastewater effluents should be discharged to receiving
waters with minimal impact on those ecosystems and life therein.
FOR HEALTH, PROSPERITY AND QUALITY OF LIFE
164
��TjjL I
UPDATE ON SAINT JOHN HARBOUR CLEAN -UP
REPORT TO COMMON COUNCIL, M &C 2011-30
FEBRUARY 9, 2011
PAGE 2
The overall Wastewater Plan for Saint John is structured around three area wastewater
schemes, each supported by a modern, secondary -level treatment facility:
■ West Scheme - Lancaster WWTP: The Lancaster Lagoon system was upgraded in
1991 to handle 23,000 m3 /day. Extensive maintenance and rehabilitation work has
been undertaken in recent years to restore full operating capacity.
■ North Scheme - Millidgeville WWTP: The Millidgeville activated bio- filter plant was
expanded in 2003 to 10,000 m3 /day.
■ East /South Central Scheme - Eastern WWTF: The new Eastern Wastewater Treatment
Facility will replace two existing plants (to be decommissioned) and provide
substantially greater treatment capacity of 35,000 m3 /day to service East Saint John,
the South Central Peninsula and the Chesley Drive area of the city.
The three -plant configuration with conventional collection was determined to best utilize
existing infrastructure and the most economical to construct and operate.
Major Harbour Clean -Up Program
About 44% of municipal wastewater customers still have their sewage (16,300m3 /day or
about 6 billion litres annually) flow without treatment directly into waterways. Only 43%
of the serviced population East /South is treated, and that by aging and overwhelmed
facilities. Both of the existing East treatment plants (Marsh Creek WWTP and Hazen
Creek WWTP) must be replaced. The new Eastern facility will treat 100% of the current
loading of those plants, along with all the presently untreated collected wastewater from
East and South Central parts of the city.
The completion of the Harbour Clean -Up Program will translate into 100% treatment of
collected municipal wastewater in and across all areas of the City. A Wastewater
Collection System map shows the proposed configuration of new lift stations with
associated forcemains and gravity sewers necessary to achieve Harbour Clean -Up.
The bi- lateral Strategic Infrastructure Fund Contribution Agreement with the Federal
Government for funding support on Harbour Clean -Up was signed in September 2008.
The Province of New Brunswick put its funding in place in October 2006.
The City of Saint John and Saint John Water have worked with environmental partners
through the planning and design processes, and will continue to do so - Environment
Canada, the Department of Fisheries & Oceans, and the NB Department of Environment.
Upon completion of the 2011 Capital wastewater treatment projects (Harbour Clean -Up),
progress is estimated to be at about: 98% North (Millidgeville); 82% West (Lancaster);
and 71 % East /South Central (Eastern). Saint john is approaching its 100% treatment goal.
FOR HEALTH, PROSPERITY AND QUALITY OF LIFE
165
��TjjL I
UPDATE ON SAINT JOHN HARBOUR CLEAN -UP
REPORT TO COMMON COUNCIL, M &C 2011-30
Eastern Wastewater Treatment Facility (EWWTF)
FEBRUARY 9, 2011
PACE 3
The pivotal project for Harbour Clean -Up is the new secondary level treatment facility.
The EWWTF is a conventional activated
sludge plant (secondary level treatment)
capable of treating an ultimate average daily
design flow of 35,000 cubic metres per day
(m3 /d) and peak daily flows of 80,000 m3 /d.
Effluent from the plant will be discharged
into Saint John Harbour through an
extended outfall with diffusers, located
approximately 1,100 metres from shore,
with a flow capacity of 120,000 m3 /d. Final
cost of the new treatment facility, including
the extended outfall, is expected to be
$ 53,300,000.
Both the Eastern Wastewater Treatment
Facility and Outfall project are currently
underway. The outfall is anticipated to be
completed by the end of March 2011 with
the treatment facility (which is 85% complete
to date) scheduled to be completed by the
end of July 2011 - for commissioning in
August and September.
Wastewater Collection System
Saint John Water currently operates 39 sanitary lift (pump) stations to convey wastewater
to treatment facilities. A major lift station ( #4) will be added near Thorne Avenue,
supported by the 2006 MRIF Program. A further 21 lift stations are part of the overall
system upgrade being carried out under the core Harbour Clean -Up Program.
Collection and pumping improvements remain to be completed in all three wastewater
drainage basins to bring the City to 100% treatment of collected municipal wastewater.
Table 1 presents the projects to be constructed for the Wastewater Collection System
and the current status of those projects. Seven collection system projects have been
completed, two others will be under construction very soon and the remaining works are
at various stages of design.
It is necessary to highlight that several projects face land acquisition challenges that
need to be resolved - prior to completion of design and the construction work being
tendered. Failure to settle these would have severe consequences for the priority
Harbour Clean -Up program. The community's greater interests need to be put first.
FOR HEALTH, PROSPERITY AND QUALITY OF LIFE
166
��Tj jL I - -
UPDATE ON SAINT JOHN HARBOUR CLEAN -UP
REPORT TO COMMON COUNCIL, M &C 2011-30
FEBRUARY 9, 2011
PAGE 4
Council has authorized expropriation measures where required (and possible).
Projects with the most serious land acquisition challenges include: Lift Station #9; Lift
Station #1 OA; the Marsh Creek Collector Sewer; and Lift Station #24.
TABLE 1: WASTEWATER PUMPING AND COLLECTION PROJECT STATUS
Design/ Tender/
General
Project
Location
Property
Construction
Comments
Lift Station #1
Red Head Road
Construction
Land acquired
complete
(from J.D. Irving)
Lift Station #2
Bayside Drive
Construction
Land acquired
complete
(from NB Power)
Land acquisition
Environmental Site
Lift Station #3
Bayside Drive
Design underway
required (Irving Oil)
Assessment
Underway
Land acquired
Contract 2010 -1
Lift Station #4
Thorne Avenue
Tendered
(from Downey)
Tender closing
March 2011
Lift Station #5
City Road
Design underway
License Agreement required (CN)
Lift Station #6
Rothesay Avenue
Design underway
License Agreement
required (CN)
Lift Station #8
Crown Street
Design - Tender
Land acquired
To PAC February
15 2011-Tender
underway
(from NB Housing)
March 2011
Land acquisition
Land very difficult;
Lift Station #9
Water Street
Design underway
required
years of dialogue,
(SJ Port Authority)
several proposals
Construction
Fairville Const Ltd.
Lift Station #10
Harbour Station
scheduled to begin
City property
Contract # 2010-13
February 2011
Land required
Very difficult
Lift Station #1 OA
Chesley Drive
Design underway
(David and Abraham
Inc. and NB Southern)
property issue
Land acquisition
Landowner will
Lift Station #21
Highland Road
Design underway
required
(Four Star Leasing)
convey property
FOR HEALTH, PROSPERITY AND QUALITY OF LIFE
167
��Tj iL I
UPDATE ON SAINT JOHN HARBOUR CLEAN -UP
REPORT TO COMMON COUNCIL, M &C 2011-30
FEBRUARY 9, 2011
PAGE 5
TABLE 1: WASTEWATER PUMPING AND COLLECTION PROJECT STATUS
Design/ Tender/
General
Project
Location
Property
Construction
Comments
Construction
Galbraith Const
Lift Station #22
Spar Cove
scheduled to begin
City property
Contract #2010-13
March 2011
Lift Station #23
Main Street -
Design underway
City property
Street Closure
Robertson's Square
Process Underway
Land acquisition
Appraisal presented
Lift Station #24
Kennedy Street
Design underway
required
to land owner
(Applied Pressure Inc)
Highway Usage Permit
Difficult property
Lift Station #28
Riverview Drive
Design underway
required
(NBDOT)
issue
Lift Station #30
Falls View Drive
Design underway
City property
Tender March 2011
Main Street West at
Land acquisition
Lift Station #31
Moosehead
Design underway
required
(Moosehead)
Street closure
Land under review
Lift Station #32
Milford Road
Design underway
required
for presentation to
Common Council
Dominion Park
Land under review
Lift Station #33
Road
Design underway
City property
for presentation to
Planning and PAC
Lift Station #34
Monte Cristo Park
Construction
complete
City property
Lift Station #50
Red Head Road
Construction
Land acquired
complete
(from J.D. Irving)
Marsh Creek
Land acquisition
Agreement on land
Collector Sewer
Marsh Creek Area
Design underway
required
(MOU with JDI) not
Q.D. Irving)
being executed
Newmans Brook
Construction
Land acquired
Sewer
Sandy Point Road
complete
(from NB Supply &
Separation
Services)
FOR HEALTH, PROSPERITY AND QUALITY OF LIFE
•i
��Tj iL I
UPDATE ON SAINT JOHN HARBOUR CLEAN -UP
REPORT TO COMMON COUNCIL, M &C 2011-30
FEBRUARY 9, 2011
PAGE 6
TABLE 1: WASTEWATER PUMPING AND COLLECTION PROJECT STATUS
Design/ Tender/
General
Project
Location
Property
Construction
Comments
Bayside Drive
Construction
Force Main
Bayside Drive
complete
Phase 1
Bayside Drive
Construction
Force Main
Bayside Drive
complete
Phase 2
Staff is very concerned that some land /easement acquisitions have been very difficult
and are not proceeding as required; despite the considerable efforts being made to
bring about resolution of the issues.
HARBOUR CLEAN -UP MUST SUCCEED
Harbour Clean -Up is happening because the people of Saint John are not prepared to
accept anything but a clean, ecologically progressive and sustainable community. The
many partners in the long quest to full wastewater treatment, including all three levels
of government and countless community stakeholders, have worked hard to move this
endeavour forward. Beyond the projects to enhance treatment, Saint John continues to
invest in elimination of combined sewers and renewal of aging sanitary infrastructure.
The reluctance of some to resolve property needs for Harbour Clean -Up could jeopardize
this vital community priority and the funding support provided for its completion.
Additional legal resources will be required to support progress. Environmental approvals
for the several projects are also required.
RECOMMENDATION
It is recommended that Common Council encourage all stakeholders to be a positive
part of the Harbour Clean -Up solution and, further, receive and file this report.
Respectfully submitted,
J.M. Paul Groody, P. Eng.
Commissioner,
For Saint John Water
J. Patrick Woods, CGA
City Manager
FOR HEALTH, PROSPERITY AND QUALITY OF LIFE
169
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REPORT TO COMMON COUNCIL
M &C2011 -28
February 14, 2011
His Worship Mayor Ivan Court
And Members of Common Council
Your Worship and Members of Council,
SUBJECT: Saint John Water — 2010 Annual Wastewater Report
BACKGROUND:
M.
The City of Saint John
Municipalities in New Brunswick operate wastewater treatment facilities and collection systems
under conditions set out in certificates of Approval to Operate. Developed by the Department of
Environment (DOE), these formal approvals set out standards for wastewater treatment facilities,
collection systems including pumping stations and system operators that are designed to protect
public health and the environment.
The City of Saint John (as the Approval Holder) provides wastewater services to the public
under the authority of six Approvals to Operate:
S -1538, Millidgeville Wastewater Treatment Facility (WWTF)
S -1313, Lancaster WWTF
S -1709, Hazen Creek WWTF
S -1708, Marsh Creek WWTF
S -1705, Greenwood WWTF
S -1707, Morna Heights WWTF
A seventh certificate, S -1706, Monte Cristo WWTF, was revoked on October 1st, 2010
following Department of Environment verification of the demolition of subject facility.
171
M &C2011 -28
February 14, 2011
Page 2.
Each certificate represents formal authorization to the Approval Holder by the Minister of
Environment to operate wastewater works. Each directs that:
The Approval Holder shall operate the wastewater works in compliance with the
Water Quality Regulation 82 -126 filed under the Clean Environment Act of the
Province of New Brunswick. Violation of this Approval or any term and / or
condition herein constitutes a violation of the Clean Environment Act.
The Approval to Operate also directs that all municipal wastewater works are required to abide
by the Federal Fisheries Act F -14 and the Canadian Environmental Protection Act, 1999. As
well, the City of Saint John is responsible for submitting data to the National Pollutant Release
Inventory (NPRI).
In 2009, the Canada -wide Strategy for the Management of Municipal Wastewater Effluent
(Strategy) was endorsed by the Canadian Council of Ministers of the Environment (COME).
The Strategy provides clarity to municipal wastewater facility owners in managing wastewater in
a framework that protects human health and the environment. On March 20th, 2010, proposed
regulations under the Fisheries Act were published in the Canada Gazette that reflected the
recommendations laid out in the CCME Strategy.
Among other things, these proposed regulations would establish new National Performance
Standards (NPS) for wastewater effluent quality. These standards were reflected in the
Approvals to Operate that were renewed in 2010.
Saint John Water fully endorses these standards and the philosophy that the treating and
disposing of municipal wastewater merits strict regulation. After all, an effective wastewater
management service helps protect the public from waterborne disease, protects the natural
environment including aquatic and wildlife and preserves water sources for safe recreational use.
Protective Barriers
Treatment of wastewater is essential for the protection of public health, the receiving waters for
aquatic life and recreational use. It is understood, however, that wastewater is vulnerable to
contamination from many potential threats. Management of Saint John Water is based on a
system of protective barriers to ensure that the quality of wastewater at the end of the pipe meets
or exceeds all limits listed in the Approval to Operate.
Source Wastewater: Wastewater treatment facilities are designed to treat human
waste and not industrial waste. Source identification and enforcement is the key to
reducing industrial contaminants in the wastewater flowing into the treatment
facilities,
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Treatment: Employing the appropriate method of treatment with sufficient
capacity to efficiently process expected wastewater flows,
Operations & Maintenance: Staffing levels, operator education and
certification, communications, management structure and practices, proactive
maintenance,
Monitoring & Alarms: Sampling plan, SCADA system alarms, lab testing,
record keeping, reporting and
Emergency Response: Plans for natural disasters, emergency contingency plans
for wastewater treatment and pumping, safety training, emergency power
systems.
Annual Report
The certificate of Approval to Operate (COA) requires an Annual Report to be submitted as is
the case for the Drinking Water Service. This report provides the DOE with pertinent technical
and operating information relating to the collection and treatment of wastewater such as:
Analytical results (wastewater sampling, analysis and compliance),
Operational events (untreated wastewater discharges to the environment),
Operator information (training, certifications and staffing changes), and
Records of sludge disposal.
Saint John Water voluntarily provides additional information in the Annual Report, including the
following:
National Pollutant Release Inventory,
Water and Sewerage Bylaw (status and updates),
Water and Sewerage Bylaw violations,
CALA Certification — Saint John Water Environmental Laboratory,
Capital wastewater system improvements,
Human Resources,
Public information, and
Commitment.
The Annual Report is also in keeping with one of the seven commitments of the Corporate
Strategic Plan — Demonstrating Accountability.
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ANALYSIS
The Annual Wastewater Report, with all its attachments and documents, consists of over a
hundred pages of facts and data. Rather than table such a voluminous document with Common
Council, just the main body of the Annual Wastewater Report is attached hereto, with its various
sections summarized herein. A full copy of the Report with all appendices is on file with the
Common Clerk.
Introduction
Saint John Water is responsible for the delivery of water and wastewater services on behalf of
the City of Saint John. The Annual Report is intended to provide the DOE (system regulator)
with pertinent information relating to the delivery of the municipal wastewater service.
Analytical Results
Over the course of 2010, the City analyzed over 9,000 wastewater samples from 7 wastewater
treatment facilities. Samples are obtained from the influent entering the facilities, the effluent
leaving the treatment facilities and at various strategic locations within the process. The New
Brunswick Department of Environment's certificates of Approval to Operate outline the analysis
requirements. Saint John Water consistently exceeds the sampling requirements of the Approval
to Operate; close monitoring enables better control over the efficiency of treatment facility
operations.
Other testing requirements such as NPRI, toxicity and biosolids metals samples are analyzed by
contracted laboratories.
Toxicity
Since the effluent toxicity analysis in 2007 and 2008 passed, there was no requirement to
perform toxicity analysis of the WWTF effluent in 2009. Testing resumed in 2010. Samples were
sent to Buchanan Environmental Ltd. Results were good, with mortality experienced in only one
sample, collected November 2, 2010. This sample still received a rating of non - lethal.
National Pollutant Release Inventory (NPRI)
Now into the seventh year, Saint John Water has been reporting to the NPRI due to a number of
"triggers" identified in their reporting guidelines. There are 4 wastewater treatment facilities and
a number of outfalls categorized as ` Outfalls' that trigger reporting for some parameters. These
parameters are as follows;
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Millidgeville WWTF — Nitrate ion in solution at pH greater than or equal to 6.0 and total
ammonia
Hazen Creek WWTF - Nitrate ion in solution at pH greater than or equal to 6.0
Lancaster Lagoon WWTF — Total ammonia and Lead (and its components)
Marsh Creek WWTF - Nitrate ion in solution at pH greater than or equal to 6.0
Outfalls — Total ammonia
These parameters would have an effect on the toxicity of effluent but they are not at levels high
enough to make the effluent `acutely or chronically toxic'. The calculation is based on the
effluent flow rate and the concentration of the parameter in the effluent.
Water and Sewerage Bylaw
The current Water and Sewerage Bylaw was passed in 1967 with minor updates since then. The
CCME has included a Model Sewer Use Bylaw in the Strategy that Saint John Water has
adopted and modified to suit our unique municipal profile. The new bylaw is in a draft form and,
when ready, is expected to be recommended for adoption by Common Council in 2011. This
document contains definitions and places greater responsibility and obligations for discharges
into sewers on industrial and business sources.
Water and Sewerage Bylaw Violations
On April 26�', a small quantity of high BOD discharge entered into the Marsh Creek WWTF.
BOD levels in this sample were measured as high as 22,283 mg/l. Permitted BOD maximum is
400 mg /1. This over - strength wastewater caused a disruption to the treatment process that took
weeks to correct. As a result, effluent BOD readings were above COA limits for an extended
period of time. Incidents such as this serve to highlight the hydraulic and biological overload
state of the Marsh Creek WWTF.
CALA Certification — Saint John Water Environmental Laboratory
The Saint John Water Environmental Laboratory became a member of the Canadian Association
for Environmental Analytical Laboratories (CAEAL) in 2006. The lab completed proficiency
testing in March of 2006 and received a Certificate of Laboratory Proficiency for analyzing
water and wastewater samples for conductivity, fluoride, Total Suspended Solids (TSS),
Biochemical Oxygen Demand (BOD), turbidity, pH and residual chlorine. Proficiency testing is
completed twice per year in March and October.
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In March 2007, the Laboratory became proficient for additional wastewater parameters including
nitrate, ammonia, Total Kjeldahl Nitrogen (TKN), total phosphorus, Chemical Oxygen Demand
(COD) and fecal coli forms.
In March 2008, the Laboratory became proficient for Carbonaceous Biochemical Oxygen
Demand (CBOD). This is an important parameter since it is one of the standards listed in the new
CCME Strategy.
On October 1, 2008, the Canadian Association of Environmental Analytical Laboratories
announced that it had transitioned to a new body that is referred to as the Canadian Association
for Laboratory Accreditation Inc. (CALA) and provided a new Certificate of Laboratory
Proficiency.
The CCME Strategy states that "all sample analysis... will be completed by an accredited
laboratory ". In order to achieve accreditation, the Saint John Water Environmental Laboratory is
making preparations for a CALA assessment. This is planned for 2011.
The work of our lab to become proficient in the analysis of water and wastewater parameters
reflects the professionalism of our laboratory technologists and their commitment to advancing
operating standards of Saint John Water.
Accreditation of the Saint John Water Environmental Laboratory is an important utility
objective.
Capital Wastewater System Improvements
1. Harbour Cleanup
The Harbour Cleanup program is an initiative to eliminate the discharge of raw wastewater into
local receiving bodies of water (particularly Saint John Harbour). The key component is the
Eastern Wastewater Treatment Facility (EWWTF), a conventional activated sludge treatment
facility designed to treat an average of 35,000 cubic metres of wastewater per day, with a peak
capacity of 80,000 cubic metres per day.
Servicing an area spanning from Douglas Avenue in the west to the Lakewood subdivision in the
east, the facility has been designed to achieve secondary treatment, delivering effluent that meets
or exceeds effluent objectives as set out in the CCME- endorsed Canada -Wide Strategy for
Management of Municipal Wastewater Effluent. This standard positions Saint John well for the
future.
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In addition to the EWWTF, 22 new wastewater lift stations have been or will be built to intercept
existing gravity sewer lines and direct wastewater to either existing treatment facilities or the
new EWWTF.
Construction of the EWWTF continued throughout 2010. The administrative building is nearly
ready for occupation, which will allow operations staff to work from there in advance of the
anticipated facility start -up in August 2011. Once the EWWTF is commissioned the existing
Hazen Creek WWTF will be decommissioned and dismantled.
Three new lift stations were constructed in 2010:
The Monte Cristo Park WWPS was completed in June; allowing the decommissioning and
demolition of Monte Cristo WWTF, which provided only sub - standard treatment and was
undersized for the area it served. Wastewater from the area is now pumped to the Lancaster
WWTF.
Lift stations #1 and #50 were built along Red Head Road. These will eventually direct
wastewater to the forcemain serving the EWWTF.
Construction of a fourth lift station, #2, is at an advanced stage. This lift station will capture
wastewater from industries along Bayside Drive and add it to the flow in the forcemain serving
the EWWTF.
2. Upgrades to existing facilities
Several projects were completed at the Lancaster WWTF to improve energy efficiency, provide
emergency back -up power and improve treatment effectiveness.
In one project, variable frequency drives (VFD) were installed on the facility's air blowers.
These drives, along with an improved control system, provide a greater degree of control over
the treatment lagoon's air supply. New high efficiency motors were installed as well to improve
both reliability and energy consumption.
A back -up generator was installed to provide emergency power to the facility's air blowers in
case of extended power outages affecting the WWTF.
The treatment lagoon's floating baffles, installed during the facility's upgrade in 1991, are too
worn out to be repaired. New baffles were purchased and will be installed early in 2011.
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Although both the Hazen Creek WWTF and Marsh Creek WWTF are scheduled to be
decommissioned, every effort is made to keep them operational and producing effluent quality
according to COA requirements. No major capital work was required at either location in 2010.
Two smaller facilities, Morna Heights WWTF and Greenwood WWTF, were also operated
throughout 2010 without major capital investment, as both facilities have recently been upgraded
with renewed hardware and piping. However, both are unable to consistently perform to COA
standards; the designs are inadequate to their hydraulic and biological loading.
Operator Training and Certification
Saint John Water continues to make advances in the operation and maintenance of our water and
wastewater systems. Training is integral to improving operational efficiency and effectiveness.
A detailed summary of applicable training and certifications is included in the Annual Report.
Communications
During the 2010 capital construction season, communication was regularly provided to citizens
by means of weekly construction updates. This information, compiled by staff in Municipal
Operations & Engineering, was shared with the public via of the City of Saint John website,
news releases carried in the local newspaper and by email to large distribution groups. The
regular updates provide citizens with information relating to the limits of work, project start date,
work to be accomplished, traffic impacts where applicable and projected end date.
The City's Corporate Communications staff provided excellent support to the Wastewater
Service throughout the year.
RECOMMENDATION:
It is recommended that Common Council receive and file this report, and authorize staff to
forward the 2010 Saint John Water — Annual Wastewater Report to the Department of
Environment on behalf of the City of Saint John (Approval Holder).
Respectfully submitted,
J.M. Paul Groody, P.Eng. J. Patrick Woods, CGA
Commissioner City Manager
For Saint John Water
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The Eastern Wastewater Treatment Facility (EWWTF) under construction in
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2010 Annual Wastewater Report
February 2011
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EWWTF construction progress as of'August, 2010. The facility is scheduled to open in August 2011.
2010 Saint John Water - Annual Wastewater Report
INTRODUCTION
The Wastewater Service is a public service that provides for the treatment and disposal
of wastewater. Wastewater is collected within the system and transported to wastewater
treatment facilities via a system of collection pipes and wastewater pumping stations
(WWPS). Please refer to Appendix A to view the locations of all wastewater pumping
stations and wastewater treatment facilities (WWTF) at this time. Wastewater is treated
and disposed of into receiving waters.
An effective wastewater management practice enhances public health, safety and the
environment. More specifically, benefits of wastewater treatment include; the
protection of public health from waterborne disease, protection of the natural
environment including the aquatic and wildlife that depend on the removal and
prevention of contaminants which can accumulate, and the protection of water sources
for recreational use.
Saint John Water provides the public with a wastewater service that includes collection,
treatment and disposal and operates its wastewater treatment facilities and collection
systems under six Certificates of Approval to Operate (COA) Wastewater Works (a copy
of each is enclosed in Appendix B):
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S -1313, Lancaster Wastewater Treatment Plant
S -1709, Hazen Creek — Extended Aeration
5 -1708, Marsh Creek — Activated Sludge
5 -1538, Millidgeville — Activated Sludge
5 -1707, Morna Heights — Trickling Filter
5 -1705, Greenwood — Trickling Filter
2
A seventh certificate, 5 -1706, Monte Cristo — Rotating Biological Contactor, was
revoked on October 1St, 2010 following Department of Environment verification of the
demolition of subject facility. The decommissioning letter is enclosed in Appendix C.
These are among the 120 certificates of Approval to Operate wastewater works issued to
93 municipalities across New Brunswick by the Minister of the Environment as of
September 19, 2007. Each of the City's six certificates is valid for a 2 year to 5 year
period.
Each of the certificates represents formal authorization to the City of Saint John
(Approval Holder) by the Minister to operate wastewater works. Each directs that:
The Approval Holder shall operate the wastewater works in compliance
with the Water Quality Regulation 82 -126 filed under the Clean
Environment Act of the Province of New Brunswick. Violation of this
Approval or any term and / or condition herein constitutes a violation of
the Clean Environment Act.
All municipal wastewater works in New Brunswick are required to abide by the various
conditions set out in Certificates of Approval to Operate Wastewater Works, the Federal
Fisheries Act F -14 and the Canadian Environmental Protection Act, 1999 — Guidelines.
More specifically, limits were set for the release of ammonia dissolved in water found in
wastewater effluents and in addition there was a Notice requiring the preparation and
implementation of pollution prevention plans for inorganic chloramines and chlorinated
wastewater effluents (these regulatory tools set standards for wastewater works and
system operators that strive to enhance public health, safety and the environment). The
City of Saint John is responsible for submission to the National Pollutant Release
Inventory (NPRI), a federal program, for any releases that meet the reporting criteria.
Saint John Water fully endorses these standards and the philosophy behind the need for
strict regulation of treating and disposing of municipal wastewater.
Protective Barriers
Treatment of wastewater is essential for the protection of public health, the receiving
waters for aquatic life and recreational use. It is understood however that wastewater is
vulnerable to contamination from many potential threats. Management of Saint John
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Water is based on a system of protective barriers to ensure that the quality of wastewater
at the end of the pipe meets or exceeds all limits listed in the Approval to Operate.
Source Wastewater: Wastewater treatment facilities are designed to
treat human waste and not industrial waste. Source identification and
enforcement is the key to reducing industrial contaminants in the
wastewater flowing into the treatment facilities,
Treatment: Employing the appropriate method of treatment with
sufficient capacity to efficiently process expected wastewater flows,
Operations & Maintenance: Staffing levels, operator education and
certification, communications, management structure and practices,
proactive maintenance,
Monitoring & Alarms: Sampling plan, SCADA system alarms, lab
testing, record keeping, reporting and
Emergency Response: Plans for natural disasters, emergency
contingency plans for wastewater treatment and pumping, safety
training, emergency power systems.
Annual Report
The Reporting section of each of the Approvals to Operate requires submission of an
Annual Report to the Department of Environment. These reports provide pertinent
technical and operating information to the regulator. For instance, the information
included summarizes the following information:
the results of the testing required in the Testing and Monitoring section of this
Approval including the name of the laboratory used;
a summary of the date, location, and duration of all raw wastewater discharges,
including those that were directly caused by excessive rain or snow melt
(enclosed in Appendix D);
a summary report of any other environmental emergencies that were reported
through the Emergency Reporting procedure described in the Approval and;
A list identifying the Operator(s) and indicating the certification level of each
Operator(s).
Saint John Water has compiled the data, for 2010, in such a manner so as to comply with
the broadest interpretation of the requirements; thus satisfying or exceeding the
requirements.
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ANALYTICAL RESULTS
Wastewater Sampling and Analysis
During 2010, the Saint John Water Environmental Laboratory analyzed wastewater from
seven WWTF's. Samples are obtained from the influent entering the facilities, the
effluent leaving the treatment facilities and at various strategic locations within the
process. The New Brunswick Department of Environment (DOE) issues certificates of
Approval to Operate that outline their analysis requirements. These requirements are
outlined in the Monitoring section of the Approval to Operate. The Saint John Water
Environmental Laboratory analyzed over 9000 wastewater samples in 2010. Saint John
Water consistently collects and analyzes more samples than are required by the Approval
to Operate as close monitoring enables better control over the efficiency of the treatment
facility operations. All sampling results for 2010 can be seen in Appendix E.
Other testing requirements, such as; NPRI, toxicity, and biosolids metals are analyzed by
contractor laboratories. The Canadian Association for Laboratory Accreditation - CALA
(formerly CAEAL) accreditations for Saint John Laboratory Services Ltd. and Buchanan
Environmental Ltd. and the Standards Council of Canada accreditation for RPC can be
found in Appendix F. A copy of 2010 CALA Proficiency Certifications for the Saint
John Water Environmental Laboratory is enclosed in Appendix G.
Compliance
Since July 2008, the DOE has been automatically notified by e -mail of any non-
compliance. An example of a non - compliance e -mail alert is located in Appendix H.
WaterTrax, a web -based environmental data management system, was sourced and
implemented in 2008. All lab results, whether internal or those sourced from outside
laboratories, are compiled into a single database that allows for efficient review of facility
results.
Lancaster Scheme
A review of data indicates that the Lancaster WWTF operated within COA effluent limits
at all points throughout the year with the exception of a single biochemical oxygen
demand (BOD5) average for the month of March (39 mg /L). It is suspected that this result
stems from the delivery of liquid sludge from Millidgeville WWTF due to the failure of
that facility's sludge hauling trailer.
The Lancaster scheme experienced 2 bypass events for a total of 6,060 m3 wastewater
bypassed. In one event, a contractor damaged a lift station's forcemain, causing
wastewater to enter the ground briefly before the pumps could be shut down. In the other,
a lightning storm knocked out power to a lift station for 2 hours.
Monte Cristo WWTF was de- commissioned during the summer of 2010, following
construction of the Monte Cristo WWPS. Wastewater is now pumped to the Lancaster
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WWTF from the Gault Road area. A letter dated October 1, 2010 from DOE revoked the
COA of this facility.
Morna Heights WWTF performed very similarly in 2010 as it did in 2009, which is to
say slightly outside COA limits but with no significant upsets. Routine cleaning and
maintenance are performed in an attempt to limit the effects of hydraulic overload and
grease and solids build up.
Millidgeville Scheme
The Millidgeville WWTF operated within COA limits in all instances except for the
BOD5 reading of November (23 mg /L) and December (20.6 mg /1). These results are
linked to higher than normal influent BOD5 levels attributed to storm conditions that also
raised suspended solids considerably in the influent.
The Millidgeville scheme experienced 2 bypass events for a total of 498 m3 wastewater
bypassed directly to area receiving bodies. One event stemmed from a power outage that
affected the WWTF itself. The other was a lightning strike that caused a lift station to
shut down for half an hour.
In addition to these bypass events, Millidgeville WWTF experienced a series of
disruptions to its ultraviolet (UV) disinfection system. Minor electrical failures in
ballasts, bulbs etc. resulted in up to 7,740 m3 of wastewater not being fully disinfected.
The Department of Environment issued a letter of violation for failure to report the first
ultraviolet disinfection system failure (see Appendix N). With this issue clarified,
reporting was carried out consistently from that point onward.
Marsh Creek Scheme
The Marsh Creek WWTF had high levels of BOD5 and TSS throughout the year, with
peak values of over 150 mg /1 in July. Generally, there were good results within each
month, with some very severe spikes that shifted monthly averages above COA limits.
There was a series of plant disruptions, many minor such as excess run -off and some
more significant, such as a very high BOD discharge from a local manufacturer that
occurred on approximately April 26th. In that instance, small quantities of wastewater
with BOD readings as high as 22,283 mg /l were released into the wastewater stream.
These incidents served to highlight the hydraulic and biological overload state of the
Marsh Creek WWTF.
Air levels were adjusted to reduce the blanket level and address a burgeoning filamentous
bacteria population. During the Department of Environment audit of June 28th and 29th
(see Appendix P), an improvement plan was discussed that included temporarily
adjusting wastewater flow into the plant to allow recovery to begin, then gradually
increasing flow to normal levels. To complicate matters, air leaks were discovered that
affected return lines, scum lines and aeration. Shut -downs allowed these leaks to be
accessed and repaired, but further extended the plant's recovery time.
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The Marsh Creek scheme experienced 6 bypass events for a total of 31,089.8 m3
wastewater bypassed directly to area receiving water bodies. A major event that
contributed 23,904 m3 to this bypass volume was a break in the bypass chamber at the
Marsh Creek WWTF. In order to make repairs to this chamber, flow to the treatment
facility had to be shut down for 95 hours. A thorough repair was completed that should
last the remaining lifetime of the treatment facility.
Other issues included shutting down the treatment facility (3,270.8 m3 released) to repair
air leaks in the clarifier tanks. As this was a planned repair, all materials, contractors and
equipment was in place before the work started. Nevertheless, the plant was out of
service for just over a day and a half.
Hazen Creek Scheme
The Hazen Creek WWTF experienced periods of high TSS in September (20.9 mg /1). A
rise in suspended solids in the influent, due to heavy rainfall, is suspected as the cause.
The Hazen Creek scheme experienced 4 bypass events for a total of 593 m3 wastewater
bypassed directly to area receiving bodies. Power outages were responsible for 80% of
this bypass volume and solids clogging was responsible for the rest.
On April 14, 2010, a letter (Appendix I) was sent to Environment Canada requesting a
time extension to permit continued use of chlorine for disinfection throughout the
remainder of the 2010 season (June 1" to September 30th each year). This was in light of
the fact that Hazen Creek WWTF will remain operational until mid -2011 when
wastewater flow will transfer to the new EWWTF.
Greenwood WWTF, while still not performing within COA limits, performed better
throughout 2010 than it did in 2009, even though the influent was on average, much
higher in BOD5.
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OPERATIONAL HIGHLIGHTS
Wastewater Pumping
7
Gault Road WWPS after accident Temporary control system installed
On January 30th, 2010 at approximately 8:45AM, a pickup truck lost control and drove
into the Gault Road WWPS, knocking the control building down and severing electrical
cables to the lift station wetwell.
Within hours, a vacuum truck was brought in to keep the wetwell drained. This process
was repeated every 6 to 8 hours in order to maintain the wetwell level and prevent bypass
from occurring.
Four days later, the lift station was operating normally again on one pump, thanks to the
creation and installation of a fully functional temporary control system and new power
connections. By mid -June, the lift station had been fully restored to its original condition.
Wastewater Treatment
Demolition of Monte Cristo WWTF July 21, 2010 The new Monte Cristo WWPS in the background
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Following commissioning of the new Monte Cristo WWPS and diversion of raw
wastewater flows to this lift station, decommissioning and demolition of the existing
Monte Cristo WWTF began.
Built in 1989, the Monte Cristo WWTF eventually became unable to produce COA
quality effluent. Additional development in the area, combined with increasing
maintenance costs and poor treatment results led to a decision to replace the treatment
facility with a lift station that would convey wastewater to Lancaster WWTF for
treatment. The Lancaster facility has ample capacity and consistent high quality effluent.
Furthermore, operational efficiency is enhanced through consolidating treatment
resources into fewer facilities.
CCME CANADA -WIDE STRATEGY FOR THE MANAGEMENT OF
MUNICIPAL WASTEWATER EFFLUENT — 2010 UPDATE
The Canada -Wide Strategy for the Management of Municipal Wastewater Effluent
(Strategy) was endorsed by the Canadian Council of Ministers of the Environment
(CCME) on February 17, 2009. On March 20th, 2010, proposed regulations under the
Fisheries Act were published in the Canada Gazette that reflected the recommendations
laid out in the CCME Strategy.
The Strategy established National Performance Standards for wastewater effluent as
follows:
• Carbonaceous Biochemical Oxygen Demand (CBOD5) — 25 mg /L,
• Total Suspended Solids (TSS) — 25 mg /L, and
• Total Residual Chlorine (TRC) — 0.02 mg /L.
An additional requirement that municipalities will have to meet is their Effluent
Discharge Objective (EDO), specific to each wastewater treatment facility. In order to
establish EDO, municipalities are tasked with carrying out Environmental Risk
Assessments (ERA) which will include a one year initial effluent characterization and an
assessment of the receiving environment. ERA's are to be completed within 8 years.
The City's ERA schedule is as follows:
• EWWTF completed by December 31, 2013,
• Lancaster WWTF completed by December 31, 2014, and
• Millidgeville WWTF completed by December 31, 2015.
This timeline should allow the majority of Harbour Cleanup construction to be completed
prior to testing receiving water assimilative capacity.
TOXICITY
Since the effluent toxicity analysis in 2007 and 2008 passed, there was no requirement to
perform toxicity analysis of the WWTF effluent in 2009. Testing resumed in 2010.
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Samples were sent to Buchanan Environmental Ltd. Results (see Appendix J) were
positive, with mortality experienced in only one sample, collected November 2, 2010.
This sample still received a rating of non - lethal.
NATIONAL POLLUTANT RELEASE INVENTORY (NPRI)
Now into the seventh year, Saint John Water has been reporting to the NPRI due to
meeting a number of "triggers" identified in their reporting guidelines (see Appendix K).
There are 4 wastewater treatment facilities and a number of outfalls categorized as
` Outfalls' that trigger reporting for some parameters. These parameters are as follows;
Millidgeville WWTF — Nitrate ion in solution at pH greater than or equal to 6.0 and total
ammonia
Hazen Creek WWTF - Nitrate ion in solution at pH greater than or equal to 6.0
Lancaster Lagoon WWTF — Total ammonia and Lead (and its components)
Marsh Creek WWTF - Nitrate ion in solution at pH greater than or equal to 6.0
Outfalls — Total ammonia
These parameters would have an effect on the toxicity of effluent but they are not at
levels high enough to make the effluent `acutely or chronically toxic'. The calculation is
based on the effluent flow rate and the concentration of the parameter in the effluent.
WATER AND SEWERAGE BYLAW
The current Water and Sewerage Bylaw was passed in 1967 with minor updates since
then. The CCME has included a Model Sewer Use Bylaw in the Strategy that Saint John
Water has adopted and modified to suit our unique municipal profile. The new bylaw is
completed in a draft form and is expected to be recommended for adoption by Common
Council in 2011. This document contains more definitions and places more responsibility
and obligations on industrial and business sources.
CALA CERTIFICATION - SAINT JOHN WATER ENVIRONMENTAL
LABORATORY
The Saint John Water Environmental Laboratory became a member of the Canadian
Association for Environmental Analytical Laboratories (CAEAL) in 2006. The lab
completed proficiency testing in March of 2006 and received a Certificate of Laboratory
Proficiency for analyzing water and wastewater samples for conductivity, fluoride, Total
Suspended Solids (TSS), Biochemical Oxygen Demand (BOD), turbidity, pH and
residual chlorine. Proficiency testing is completed twice per year in March and October.
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In March 2007, the Laboratory became proficient for additional wastewater parameters
including nitrate, ammonia, Total Kjeldahl Nitrogen (TKN), total phosphorus, Chemical
Oxygen Demand (COD) and fecal coli forms.
In March 2008, the Laboratory became proficient for CBOD. This is an important
parameter since it is one of the standards listed in the new CCME Strategy.
On October 1, 2008, the Canadian Association of Environmental Analytical Laboratories
announced that it had transitioned to a new body that is referred to as the Canadian
Association for Laboratory Accreditation Inc. (CALA) and forwarded a new Certificate
of Laboratory Proficiency.
The CCME Strategy states that "all sample analysis... will be completed by an accredited
laboratory ". In order to achieve accreditation, the Saint John Water Environmental
Laboratory is making preparations for a CALA assessment. This is planned for 2011.
CAPITAL WASTEWATER SYSTEM IMPROVEMENTS
Capital improvements were made in two key areas during 2010:
1. Harbour Cleanup, and
2. Upgrades to existing facilities.
1. Harbour Cleanup
The Harbour Cleanup program is an initiative to eliminate the discharge of raw
wastewater into local receiving bodies of water (particularly Saint John Harbour). The
key component is the Eastern Wastewater Treatment Facility (EWWTF), a conventional
activated sludge treatment facility designed to treat an average of 35,000 cubic metres of
wastewater per day, with a peak capacity of 80,000 cubic metres per day.
Servicing an area spanning from Douglas Avenue in the west to the Lakewood
subdivision in the east, the facility has been designed to achieve secondary treatment,
delivering effluent that meets or exceeds effluent objectives as set out in the CCME-
endorsed Canada -Wide Strategy for Management of Municipal Wastewater Effluent.
In addition to the EWWTF, 22 wastewater lift stations have been or will be built to
intercept existing gravity sewer lines and direct wastewater to either existing treatment
facilities or the new EWWTF.
Construction of the EWWTF continued throughout 2010. The administrative building is
nearly ready for occupation, which will allow operations staff to work from there in
advance of the anticipated facility start-up in August 2011. Once the EWWTF is
commissioned, the existing Hazen Creek WWTF will be decommissioned and
dismantled.
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Three lift stations were built in 2010:
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The Monte Cristo Park WWPS was completed in June 2010. This allowed the
decommissioning and demolition of Monte Cristo WWTF, which was providing sub-
standard treatment and was undersized for the area it served. Wastewater from the area is
now pumped to the Lancaster WWTF.
Lift stations #1 and #50 were built along Red Head Road. These will eventually direct
wastewater to the forcemain serving the EWWTF.
Construction of a fourth lift station, #2, is at an advanced stage. This lift station will
capture wastewater from industries along Bayside Drive and add it to the flow in the
forcemain serving the EWWTF.
2. Upgrades to existing facilities
Numerous projects were completed at Lancaster WWTF in an effort to improve energy
efficiency, provide emergency back -up power and improve treatment effectiveness.
In one project, variable frequency drives (VFD) were installed on the facility's air
blowers. These drives, along with an improved control system, provide a greater degree
of control over the treatment lagoon's air supply. New high efficiency motors were
installed as well to improve both reliability and energy consumption.
A back -up generator was also installed to provide emergency power to the facility's air
blowers in case of extended power outages affecting the WWTF (see Appendix Q for
council reports on these energy efficiency projects).
While attempting repairs to the treatment lagoon's floating baffle system, it was
discovered that the existing baffles, installed during the facility's upgrade in 1991, were
too worn out to be repaired. New baffles were purchased and will be installed early in
2011.
Substantial repairs and updates were made to important process systems at the
Millidgeville WWTF. Improvements were made to the screenings room, with an access
door being provided for ease of removing the screenings bins. Extensive repairs were
made to the original (in existence before the 2004 plant upgrade) grit chamber and
primary clarifier chain mechanisms. A full electrical overhaul was carried out on the
original secondary clarifier building.
Both the Hazen Creek WWTF and Marsh Creek WWTF are scheduled to be
decommissioned as a result of the EWWTF. Nevertheless, every effort is made to keep
them operational and producing effluent quality according to COA requirements. No
major capital work was required at either location in 2010.
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Appendix L provides a detailed listing of the projects that were included in the 2010
Water and Sewerage Utility Fund Capital Program approved by Common Council. It
should be noted that some of the projects will be on -going in 2011.
In 2010, the utility share of capital funding to wastewater related categories (which
consist of sanitary infrastructure renewal and wastewater treatment) totaled $9.09 million
or as can be seen on the pie chart on the first page in Appendix L, 50.3% of the utility
share of capital expenditures.
OPERATOR TRAINING & CERTIFICATION
The Approvals to Operate require that an operator complete, as a minimum, the
ACWWVCP Constitution's education and experience requirements to write the
wastewater certification exam. The water and wastewater operator training program
curriculum offered by the NBCC -Saint John is acceptable and recognized as an
equivalent for the condition of Approvals to Operate for; wastewater treatment,
wastewater collection, water treatment and water distribution.
The Approval to Operate stipulates that the Owner shall ensure that the certification level
of the Operator in charge is equivalent to the classification of the wastewater treatment
facility. The owner shall maintain, as a minimum, the following personnel levels based on
the facility classification:
Facility
Name
Facility
Class
Operator Certification Level
Class I
Class II
Class III
Class IV
Millid eville
III
1
1
Hazen Creek
II
1
1
Marsh Creek
II
1
1
Lancaster
II
1
1
Morna Heights
I
1
Greenwood
I
1
Saint John Water continues to make advances in the operation and maintenance of our
water and wastewater systems. Training is integral to improving operational efficiency
and effectiveness. Since 2001, the City of Saint John has worked jointly with the New
Brunswick Community College (NBCC) - Saint John in developing training programs for
our water and wastewater operators. City of Saint John staff, in accordance with the
provincially issued Approvals to Operate, meet specific training and certification
requirements.
A number of formal training courses were offered to staff during 2010. Listed below are
all formal courses that were offered, complete with a short descriptor.
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Chain Saw — The NB Safety Council Inc. offers a full day Chain Saw Safety
training course. This course has been developed for those who operate a chain
saw within their course of duty and includes a classroom component where key
areas of safety and operations are covered. This is followed by a practical session
where individuals use the skills learned.
CFS Common — General Knowledge Water and Wastewater Fundamentals:
provides knowledge and skills related to safety, mathematics and basic science as
it applies to water and wastewater systems.
CFS Wastewater Collection - General Knowledge Water and Wastewater
Fundamentals: provides knowledge and skills related to safety, mathematics and
basic science as it applies to Water and Wastewater systems. Support Systems
Water and Wastewater Fundamentals: provides knowledge of major components,
principles and proper operation of common equipment including pumps, drive
systems, engines and generators, compressors, valves, and control components.
Wastewater Quality Fundamentals: provides knowledge and skill related to
wastewater quality assurance, and quality control, including wastewater sampling
and quality, public health implications and regulatory requirements. Wastewater
Collection Process: provides knowledge and skill related to wastewater collection
system operation and maintenance, including wastewater collection overview,
gravity sewers, sewer operation and maintenance, wastewater lift stations,
wastewater force mains, disinfection processes, wastewater treatment overview.
CFS Wastewater Treatment - Support Systems Water and Wastewater
Fundamentals: provides knowledge of major components, principles and proper
operation of common equipment, including pumps, drive systems, engines and
generators, compressors, valves, and control components. Wastewater Quality
Fundamentals: provides knowledge and skill related to wastewater quality
assurance and quality control, including wastewater sampling and quality, public
health implications and regulatory requirements. Wastewater Treatment Process:
provides knowledge and skill related to wastewater treatment system operation
and maintenance, including wastewater treatment overview, preliminary
treatment, primary treatment, secondary treatment, sludge management,
disinfection processes, tertiary treatment.
Confined Space Entry - Participants develop knowledge and skills in confined
space entry that meets and exceeds legislated requirements. Training topics
include: the legal regulations, standard operating procedures, confined space
audit, confined space entry and confined space rescue.
Confined Space Rescue - Participants learn to safely and effectively perform
confined space rescue. The course covers: a review of confined space entry
procedures, atmospheric monitoring and control systems, duties of rescue
personnel, personal protective equipment, self contained breathing apparatus,
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rescue equipment including lifeline, retrieval system, stretcher, casualty
packaging and manipulation, rescue procedures and engaging first responders.
CPR/First Aid — This course is provided for reasons of workplace safety. It
explains to individuals the fundamentals of first aid and basic life support.
Customer Service - Participants learn the basic principles of customer service with
the aim of better serving our internal and external clients. Topics include: the
customer - centered organization, internal customers, external customers,
identification of needs, prioritization of needs, review of values -based behaviour,
elements of high quality service, implications of low quality service, service
examples and lessons learned.
Effective Communication - The goal of this program is to develop knowledge and
skill in interpersonal and team communications in the context of our business,
using a variety of techniques including role playing, group discussion, and case
studies. The critical importance of effective listening and feedback technique is
emphasized as a crucial element in the building of positive workplace
relationships.
Fall Arrest Protection — This is a one day training program, the goal of which is
to equip employees with the knowledge and skill required to employ industry
standard best practices in Fall Arrest in a variety of operational tasks within Saint
John Water, including Confined and Hazardous Space Entry and Rescue.
Fire Extin ui — In this course, participants learn how to classify the types of
fires and to use fire extinguishers correctly. Topics include; fire chemistry, fire
classification, types of fire extinguishers, fire extinguisher rating, symbols used
on fire extinguishers, selecting a fire extinguisher, use of fire extinguishers and
inspecting fire extinguishers.
HTE Payroll — Participants learn to use the HTE payroll system for Hours Entry.
The course includes instruction on general HTE procedures, payroll overview,
hours entry and hours proof.
HTE Work Requests & Job Order - This course teaches participants to use the
City's HTE work request job order system. After an introduction to HTE system
environment, participants learn how to create internal work requests /job orders,
search for work requests /job orders and close job orders.
Leadership - This course is designed for municipal frontline, supervisors and
managers (both hourly and staff) who want to contribute to their development as
leaders of their organization by leading from the inside out. Knowledge is gained
by applying" theory" to real life examples that require interactive group
discussion, problem solving and role playing.
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Job Coaching - This course prepares peer trainers to become successful field
coaches. The course covers; understanding adult learning needs; the coaching
process; setting up the field coaching environment; guidelines for instruction;
guidelines for feedback; setting goals and objectives for the trainee; developing
checklists; evaluation progress; learner reactions and feedback.
Natural Gas Safety - Participants learn safe work practices for carrying out street
construction operations near natural gas pipelines. The lecture also includes
complying with regulations for natural gas pipelines, regulatory authority,
notification procedure, penalties associated with non - compliance, required work
method and emergency procedures and hazards associated with natural gas.
Occupation Health and Safety I - This course covers the following;
responsibilities under Occupational Health and Safety Act, role of Joint Health
and Safety Committees, due diligence, construction safety and the role of the
highway signaler.
Occupational Health and Safety 2 - Participants learn about the Health and Safety
Improvement System (HSIS). Topics include: safety and quality, quality systems
general (iterative, audit -based processes), the HSIS framework, implementation
methodology and expected outcomes.
Orientation - A general orientation to the City of Saint John. This 2 -hour basic
orientation provides introduction to the Corporate Strategic Plan, our Values,
Vision, etc. Other topics covered include; pension, benefits, training and contact
information.
Oxyacetylene - Participants learn to safely operate an oxyacetylene cutting torch
and how to identify and describe hazards associated with oxyacetylene operation.
Professional Driver Improvement - Participants develop skills to prevent
collisions by learning a positive approach to driving.
Resource Mana-aement - Participants learn the basic principles of Human
Resource Management, Property Management and Financial Management.
Training topics include: the City's budget process, financial reporting and
analysis, inventory and purchasing procedures and fleet management procedures.
Respiratory Protection - Participants learn about the types of respiratory
protection equipment and how to safely use this equipment. The instructor
reviews standard operating procedures and worker's responsibilities. Also
discussed are: the type, selection and use of respirators, fit testing, medical
evaluations as well as maintenance and care of respirators.
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Ta,g Out Lock Out — According to NB Regulation 91 -191, under the Occupational
Health and Safety Act, workplaces must have a written lockout procedure for
each machine that is cleaned, maintained, adjusted or repaired. The procedure
identifies the proper steps to follow in order to safely lock out the machine.
Transportation of Dangerous Goods (TDG) — Participants learn about the
Transportation of Dangerous Goods Act and become legally certified to transport
materials covered by this legislation. Topics include: TDG classifications,
packing requirements, TDG symbols, shipping documents and dangerous
occurrences.
Trenching Safe - Its purpose is to teach safe trenching practices, introduce the
dangers of construction excavations, the mechanics of trench cave -ins, potential
hazards to workers, requirements under the Occupational Health and Safety Act
and protective systems used to avoid trench cave -ins.
Vibration Analysis — Participants learn how to diagnose malfunctions in pumps,
motors and related equipment with course goals including; strengthening of
preventative maintenance programs, minimizing repair expenses and extending
infrastructure life.
Supervisory Training — The objective is to develop supervisory personnel by
providing a series of training modules focusing on key supervisory competencies.
WHMIS (Workplace Hazardous Materials Information System) — A system in
Canada that provides information on the safe use of hazardous materials in the
workplace. Information is provided by means of product labels, material safety
data sheets (MSDS) and worker education programs.
Work Zone Safety - This course is to protect employees from vehicular traffic
passing through construction sites. It teaches control procedures, personal
protective equipment, general design instructions and emergency procedures.
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17
As summarized below, in 2010 several members of the Saint John Water team challenged
and achieved class I, II, III or IV certification.
Certifications Achieved in 2010
3
3
3
3
3
3
�U
�U
�3
-3
�3
�3
Q
Gn
W)
..
U3
U3
..
U3
U3
NAME
U
Randy Benson
'
Darren Boudreau
'
Rodrigue Comeau
'
Jeremy Fader
'
Richard Graves
'
Mark McKenzie
'
John Perry
'
Sean Seaward
'
' Water Distribution, 'Water Treatment, s Wastewater Collection, a Wastewater Treatment
In addition to the new certifications achieved by staff over the past year, Appendix M
provides a comprehensive summary of all staff certifications achieved to -date.
Operator Training & Certification — Wastewater Treatment
Approvals to Operate for Lancaster Lagoon, Marsh Creek and Hazen Creek facilities
each include the following condition of operation.
The Approval Holder (City of Saint John) shall employ, as a minimum, one (1) Class I
and one (1) Class II Wastewater Treatment Certified Operator to operate the wastewater
treatment facility.
The Approval to Operate for the Millidgeville Wastewater Treatment facility requires
that the following condition be met.
The Approval Holder shall employ, as a minimum, one (1) Class II and one (1) Class III
Wastewater Treatment Certified Operator to operate the wastewater treatment facility.
The Approval to Operate for the two trickling filter facilities; Greenwood and Morna
Heights include the following condition.
The Approval Holder shall employ, as a minimum, one (1) Class I Wastewater Treatment
Certified Operator to operate the wastewater treatment facility.
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With respect to certification requirements, as noted below, in each instance the
certification level of the operator in charge is equivalent to or exceeds the system
classification.
WASTEWATER TREATMENT
Operator Name
Operator Certification Level
System Classification
Ed O'Neill
Wastewater Treatment Level III
Class III (Millidgeville)
Rick Hachey
Wastewater Treatment Level II
Class II (Lancaster Lagoon,
Morna Heights)
Frank Hebert
Wastewater Treatment Level II
Class II (Hazen Creek &
Greenwood)
Michael
Montgomery
Wastewater Treatment Level II
Class II (Lancaster Lagoon,
Morna Heights)
Bruce Slovitt
Wastewater Treatment Level II
Class II (Marsh Creek)
Operator Training & Certification — Wastewater Collection
In addition to each of the above conditions listed in the various facility Approvals to
Operate, the following condition is included in all 6 Approvals to Operate.
The Approval Holder shall ensure that the Operator(s) responsible for the wastewater
collection system have, as a minimum, the ACWWVCP Constitution's education and
experience requirements to write a Class I Wastewater Collection System Operator
Exam.
As summarized in the table below, each of the operators' certification level exceeds that
of the system classification.
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19
WASTEWATER COLLECTION
Operator Name
Operator Certification Level
System Classification
Clyde Carpenter
Wastewater Collection Class I1
Class I (for WWC)
Brian Keenan, P. Eng.
(Water Distribution Class II)
Engineering Manager, Municipal
Frederick McGrath
Wastewater Collection Class I1
Class I (for WWC)
John Clack
(Water Distribution Class II)
Manager, Water Use Management
Daniel Melanson
Wastewater Collection Class II
Class I (for WWC)
James Margaris, P.Eng.
(Water Distribution Class II)
Superintendent, Wastewater Treatment
Gary Melanson
Wastewater Collection Class II
Class I (for WWC)
(Water Distribution Class II)
William Melanson
Wastewater Collection Class II
Class I (for WWC)
(Water Distribution Class II)
George Payne
Wastewater Collection Class II
Class I (for WWC)
(Water Distribution Class II)
HUMAN RESOURCES
Responsible Staff
Patrick Woods, CGA
Paul Groody, P. Eng.
City Manager
Commissioner, Municipal Operations &
Engineering (responsible for Saint John Water)
Brent McGovern, P.Eng.
Brian Keenan, P. Eng.
Deputy Commissioner, Saint John Water
Engineering Manager, Municipal
Engineering
Jeremy Howley
John Clack
Operations Manager,
Manager, Water Use Management
Water & Sanitary Systems
Graham Huddleston, P.Eng.
James Margaris, P.Eng.
Operations Manager,
Superintendent, Wastewater Treatment
Environmental Protection
Facilities (from June 21)
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New Hires
20
During 2010, the City of Saint John hired 4 new employees within Saint John Water
operations. Each new hire is listed in the table that follows.
Name
Status
Scott Foley
James Margaris, P.Eng.
New hire — Superintendent, Wastewater
Treatment Facilities
Wade St. Coeur
New hire
— Instrumentation Technician
Geoff Kelly
New hire
— Skilled Worker
Jordy Hickey
New hire
— Skilled Worker
Staffing Changes
In addition to the new employees hired during 2010, there were several Saint John Water
staffing changes which are summarized in the table below.
Name
Status
Scott Foley
Resigned from the position of Skilled Utility Worker
Jeremy Fader
Resigned from the position of Skilled Utility Worker
Trent Mercer
Progressed from Labourer to Skilled Utility Worker
PUBLIC INFORMATION
Communications
During the 2010 capital construction season communication was regularly provided to
citizens by means of weekly construction updates, a few examples of which can be seen
in Appendix O. This information, compiled by staff in Municipal Operations &
Engineering, was shared with the public via of the City of Saint John website, news
releases carried in the local newspaper and by email to large distribution groups. The
regular updates provide citizens with information relating to the limits of work, project
start date, work to be accomplished, traffic impacts where applicable and projected end
date.
The City's Corporate Communications staff provided excellent support to the Wastewater
Service throughout the year.
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COMMITMENT
Treated wastewater enhances the public health of Saint John citizens and is vitally
important as Saint John continues to grow. Significant advances continue to be made at
Saint John Water with respect to wastewater treatment. However, much work remains
and the City is committed to following through on its long -range plans for system
improvement, including full treatment of all collected wastewater. Sustained
commitment, vision and strong leadership at every level, working with the community
and regulators, will help stakeholders accomplish the essential objectives.
200
REPORT TO COMMON COUNCIL
M & C — 2011 -29
February 14, 2011
His Worship Mayor Ivan Court and
Members of Common Council
Your Worship and Councillors:
SUBJECT: Outdoor Plaza for Harbourfront Residences at Three Sisters
Development, Water Street
INTRODUCTION:
At the March 17, 2008 meeting of Common Council, Council authorized the
execution of a Section 39 Agreement to govern the development of a new
residential development located at 230 Water Street /243 Prince William Street.
At paragraph 8, the Agreement provides:
8. That the City will carry out the following work and /or services at its sole
cost and expense:
City of Saim John
b) i) Retain the services of Daniel K Glenn Ltd to prepare
working drawings and specifications to design the outdoor
plaza between the two buildings of the development and the
sidewalk onwards to the closed street formerly Murder
Hill, referred to in Article 8(e) which design will include
sidewalks, ornamental lighting, landscaping,
waterproofing, parking lines, and furnishings and other
work associated with or resulting from the above
mentioned improvements, which specifications for the work
shall be of similar quality and standards as set out in the
specifications for the proposed Three Sisters Plaza. The
drawings and specifications shall be subject to the
approval of both parties, which approval shall not be
unreasonably withheld.
b) ii) The City shall carry out the work arising out of the plans
and specifications set out in article 8(b) except for the
201
M & C-2011-29 - 2 - February 14, 2011
waterproofing which shall be carried out by the Developer
and the City shall contribute $20, 000.00 towards the cost
of waterproofing the Plaza and further provided that the
maintenance, repair, and replacement of the plaza and any
landscaping, furnishings, and lighting therein shall be
carried out and paid for by the Developer after the work is
completed.
c) Coordinate the design and construction of the work described in
article 8(b) so as to ensure the work is completed by the date the
Developer proposes to complete construction of the first building
of the development.
DISCUSSION:
Phase 1 of the Harbourfront Residences at Three Sisters is now under
construction. The City's obligations, as per the Agreement, must now be met.
The 2011 General Capital Fund contains an envelope of $350,000 to complete the
work associated with paragraph 8 of the Agreement between the City of Saint
John and Ellerdale Investments Limited. As contemplated in the Agreement, the
City has met with the developer and has worked with Glenn Group Ltd. (formerly
Daniel K. Glenn Limited) to develop a proposal to deliver the services covered in
the Agreement. The attached proposal from Glenn Group includes all of the
design work, detailed cost estimates, tender documents, construction management
as well as inspection services for the development of the public plaza for a
maximum upset price of $57,019.80 HST included. This contract will develop
the scope of work for the plaza ensuring that the overall project cost remains
within the $350,000 envelope.
Given that the Agreement between the City of Saint John and Ellerdale Properties
Limited requires that the City retain the services of the Glenn Group, the
preceding is for the information of Council.
RECOMMENDATION:
It is recommended that this report be received and filed.
Respectfully submitted,
Ken Forrest, MCIP, RPP J. Patrick Woods, C.G.A.
Commissioner City Manager
Planning and Development
202
Harbourfront Residences at Three Sisters
Public Plaza
203
Glenn Group Ltd.
248 Brunswick Street
PO Box 624
Fredericton, NB
GI-EINN
E3B 5A6
T
ROUP
LANb{' APU,
Attention:
Daniel Glenn
Phone:
506-455-2473
Fax:
506-459-2685
Email:
dkg@glenngroup.ca
203
SCOPEOF WORK ............................................................................................................ 2
2.r PROFESSIONAL SERVICES REQUIRED:
3.0 TECHNICAL PROPOSAL ..
FINANCIAL PR• -•
204
Harbourfront Residences at Three Sisters
Public Plaza
City nf Saint John
Glenn Group Ltd.
Proposal 11pO3.R1
The Glenn Group Ltd. is pleased to submit this proposal for services to oeny out detailed
deaign, provide detailed cost eotimatmm, construction tender dooumenby, construction
management and inspection aen/imuo for the dave|opmeint of e public plaza on top of the
Harbourfront Residences at Three Sisters as shown on Figure 11. It is our understanding that
the Scope of Work for this assignment is o full service package 10 review new site (building)
informeUon, modify the scheme eocordinB|y, review the design and budAmt, prepare m tender
package and perform contract administration, including full time (en needed) inspection to the
most recent City of Saint John standards. The maximum total budget for construction,
consulting and the City's portion of HST io$327.00O.
Our team includes some of the engineers who have worked on the building to maximize
efficiency. Baothca| engineering will be provided by R8E| Consultants Ltd., structural
engineering by Phillips Engineering and Consulting Smrvicea, mechanical engineering by
Crandall Engineering.
PRINCE vv/LL/AM arnEsT
WATER STREET
Figure 1. 1
74
GLENN
"UNE°h.=m
Harbourfrnnt Residences at Three Sisters Glenn Group Ltd.
Public Plaza Propnsa|11oO3.R1
City of Saint John
2.0 PROFESSIONAL SERVICES REQUIRED:
The professional semices required for this project are divided into two parts as follows:
Part A) Detailed Design
The Glenn Group team will prepare all detailed design drawings, specifications, and bander
documents for the plaza works.
Detailed design may involve iterations and revisions of a|ignmanta, profiles and major design
elements. The construction cost estimates will require updating in conjunction with the design
revisions.
The Glenn {3nnup will look beyond the confines of the immediate project eite, and determine
what impacts the new works will have on the city as ewho|e. and propose solutions to avoid
possible problems.
The Glenn Group will review all applicable plans and data made available by the City and
building architect and the contractor. The Glenn GnoupwH| also meet with the developer and
contractor to ensure data is the most up to date. The Glenn Group will review the nnoteha| in
detai|, as the Glenn Group will be responsible for performing any further investigation, data
Qmther|nA, eto., which may be necessary. The cost of such is detailed and included in this
proposal.
= All itann* completed from the preliminary design requirements.
m Detailed design calculations completed.
0 Anavised and detailed construction cost estimate.
w Complete 10096 design drawings and tender documents-reviewed and
approved by the City's Technical Review Team.
Designs will also incorporate planning and sequencing of service disruptions testing,
diainfenUon, and commissioning. The Glenn Group will be required to lead the baann ofoub-
Thewmrk will have traffic planning and organizing led by the Glenn Group with input from the
City. Traffic detour and work zone uofatv plans and drawings must be approved by the City
before construction commences. The Glenn Group may also have to co-ordinate timing of work
with other city projects or agencies to avoid conflicting traffic: detours.
The Glenn Group shall co-ordinate the design drovvngsm/dh all underground ubUdee before the
preparation of the tender documents in order to avoid conflicts with other udi|hbeo such as gos.
Before detailed designs and related documents are sent to the client for review, the Glenn
Group will have the principals from their firm review them for errors to ensure only high quality
work is released.
The Glenn Group will provide full time field inspection man/iceo (only as needed) for all of the
Contractor's crews working on this project. The field inapaotor will have o local cellular phone for
the duration of the project and the number will be provided to the City prior to the start of
construction.
The field inspector will have a copy of the latest revision of the General Speoifioations, the
contract drawings and specifications and the standard format for Red Bonk Notea, any
applicable permits or approvals onoite, and be familiar with them. The principals of the
consulting firm will educate and prepare the field inspectors before the start of construction.
They will understand the tasks and responsibilities of the position.
The field inspector will take pre-construction photographs and will also take construction
photographs for the duration of the project utilizing o digital camera. Each photograph will have
the date taken on it and the location labeled. A|abe|ed CD containing the digital photographs in
chronological order will be provided to the City at the end of the project.
The field inspector shall be available to work overtime and on weekends (if the contractor is
vxorking), without extra charges to the City. The Glenn Group will provide full time inspection
and be on-site only as required and in accordance with budgeted time a|ottad. The inspector
shall advise the client immediately when work on-site starts or stops unexpectedly and of all
planned schedule changes.
The Glenn Group will review and approve the contractor's work including but not limited to all
pipevvurk, exmavotion, gnmding, compaction, concrete work and asphalt paving. o1C. In addition
the Glenn Group will verify and provide detail on quantities of excavation and fi|| material,
(measured by the imapector, not the contractor) as well as provide certification of work for
progress payments.
4
207
HarbourfronReaidencematThme8isters Glenn Group Ltd.
Public Plaza Proposal 11pU3,R1
City nf Saint John
Glenn Group will establish e substantial completion date and identify deficiencies. A year end
warranty inspection will also be conducted to ensure compliance and working order.
Construction Management
The Glenn Group will pnapona all required documentation in afo[ma1 and standardized format
acceptable to the City. The list of documents may inc|ude, but is not limited 10 the following:
change ordora, addenUo, progress payrnento, summary of extras, minutes of meetings, status
maporta, construction and Glenn Group budget updates and forecasts, reports tuthe Engineer,
meeting aAandan, reports on contractor performance, quality control test reports, deficiency
lists, letters, memos, and aoon.
The Glenn Group will oo-ordinete, plan and notify all parties of all service shutdowns, tas1ing,
disinfection and system commissioning beyond that all ready planned for the building itself. The
City will prepare all water service shutdown notices and provide them to the Glenn Group for
distribution. The Glenn Group will deliver the notices to each home and business affected. The
inspector will attempt to talk to someone at each building to explain the shutdown, and leave a
notice in on obvious location if nobody in home. The Glenn Group will co-ordinate and plan
tnaM5o detours and review proposed work zone safety plans received from the contractor. The
City of Saint John staff will translate all routine and standardized public notices during
construction for the Consultants.
The Glenn Group will review and comment on all submissions and correspondence from the
contractor and provide recommendations to the City as to the best course of action. The Glenn
Group will invite the WHSCC safety inspector to the pre-construction meeting.
The Glenn Group will provide daily inspection 'Field Notes' to detail all work done on the
construction site that day. It is the responsibility of the Glenn Group to obtain a copy of the
"Standard Format for City of Saint John Red Book Notes" and to maintain a copy on 5|e for all
future projects. This format will be followed by the Glenn Group unless otherwise instructed,
when preparing the 5a|d notes for the project. The City of Saint John will provide "Red Book'
field books for the Glenn Group to 0| out and return to City staff at the end of the project. Daily
Field Reports in the Glenn Group's standard format will be completed every day and sent tothe
City's project engineer at |aeet once e week. The inspector will also fi|| out service cards for
each building serviced to detail any water, sanitary and storm services that are installed during
the project.
The contractor will provide quality control testing for concrete, compaction of soils and for
asphalt placement @ testing. The Glenn Group will still provide random quality assurance
compaction tests to confirm that the contractor tests are in compliance. The Glenn Group will
also provide the Quality Assurance for the Portland cement concrete, granular material, and the
asphalt concrete. All costs for asphalt, concrete and soil quality assurance testing are included
in Part Bof the Glenn Group's proposal.
/farbourfrnnt Residences ad Three Sisters
Public Plaza
City of Saint John
w Full time inspection for asphalt placement bv qualified personnel;
* Measurement ofthickness, hyrnoarotun*, etc.;
* Signing and collection of weight tickets oa they arrive; and
9 Quality Assurance of asphalt in accordance with the cost requirements.
a. Test Samples:
The test samples shall consist of three EU concrete cylinders. Compressive strength
testing obtained at7 and 28 days; and
b. Reporting of field and laboratory testing:
Field test results along with compressive strength results obtained shall be recorded
on a form titled "Report of Concrete Testing" and shall be submitted to the City.
�
Confirming the contractor's test reau8aonoite (QC lbycontnactor);
*
Ensuring proper frequency of compaction tests bvContractor;
� (JA by Glenn Group will consist of random compaction testing using nuclear density
equipment. The minimum frequency shall be one test for every 15 done by the
contractor;
*
Enforcement pfestablished rolling pattern;
*
Approval of material before it arrives onoita (gradation and other properties);
*
Checking grades, slopes, and thicknesses during fine grading; and
*
Witness and comment on proof rolling tests.
The construction tender documents will not indicate that the contractor must supply any design
or engineering memices, except if there is e design/build component or written approval is
granted prior to tenders being called.
The City's Engineer must approve any variance from these standards in writing before any
construction tenders are called.
Hadhounfnnt Residences at Three Sisters Glenn Group Ltd.
Public Plaza Proposal 11oO3.R1
City of Saint John
The Glenn Group will submit m set ofRecord Orevvngo on plastic and in digital formats. The
drawings and data will be in accordance with the Drawing Standards noted below. The as-built
drawings will show the actual in-place vertical and horizontal alignments. The Glenn Group shall
be responsible for obtaining the data and measurements used in the Record Drawings. The
Glenn Group will not rely on the contractor to provide this infornnation. The Record Drawings will
also include the names and models of all products used. The digital as-built data submitted to
the City shall become the property of the City, which may be used and redistributed as the
Department of Municipal Operations & Engineering sees fit.
Prior to commissioning, the Glenn Group will organize o presentation for the City operations
staff in order to explain the new infrastructure, and recommend how the systems should work.
The development of Geographic Information Systems (GIS) and computer aided drawing (CAD)
has facilitated the method to reduce the time and costs of development processing and land use
map updates. Henoe, adigka| drawing submissions standard has been adopted bv the City of
Saint John to set the standard and facilitate the transfer process. The intent ofthis program is to
take advantage of new teohno1ogy, reduce the coot of digital uonVamion, maintain the mapping
and facilitate the efficient transfer of data from private organizations to the City.
The standards and specifications contained within this document shall be used for digital
drawing submissions to the Municipal & Operations F<auonds Division for the purpose of
development processing and G|8 digital land use map updates.
1. The Glenn Group will provide to the Engineer an As.-Built record of the project which will
include: all required doouman(aUon. CAD files and any associated digital files as
described below in both printed and digital versions.
2. All CAD drawings will be submitted in AutoCmd (.DWG or .DXF} format with all line work
complete. Each CAD project shall include all relevant resource files AutoCAD (.mhx). The
Glenn Group also will provide the drawings in P[)F fornnai, with full color, on the CD.
This shall be a direct conversion, not a scan.
210
/fa/bVunfont Residences a/ Three Sisters Glenn Group Ltd.
Public Plaza Proposal 11pO3.R1
City of Saint John
Please find enclosed
Job Title
Company/ Firm
Contact Person
Address
Email Address
Phone FAX
List ofattachments
CD's (2 sets) Number of disks per set
�
As-built nepvuducib|on (Hard Copies) 1 set
The Glenn Group Ltd. complies with the City of Saint John requirement for consultant services
to have two million dollars of liability insurance in place. A copy of our old insurance certificate is
appended. A new certificate is currently being issued and will be supplied prior to signing of
211
Harbourfront Residences at Three Sisters
Public Plaza
City of Saint John
3.0 TECHNICAL PROPOSAL
3.1 Schedule
Figure 3.1 presents a projected timeline for design and construction activities.
•s•.. 0115611MI
Schedule of Tasks - Figure 3.1
!C) Construction
None
JIM
a
a
212
/forbnu/frnnt Residences at Three Sisters
Public Plaza
City of Saint John
Figure 3.2 -Project Team Organization Chart
211601 0101m. I KakI&IM ;1]
Project Management Structure
For this assignment principal Daniel Glenn will serve as project manager. He will be in involved
in all aspects of the projects from investigation through to final inspection. Brian Parker will be
the lead designer. Figure 32 demonstrates the chain ofoonnrnand. Justin Christie will serve as
the technical project manager coordinating the data oo||ent'on, document preparation and post
tender administration services. He will coordinate activities between the deaignena, sub-
consultants and the technicians in our office. Justin will also oversee the day to day inspection
duties of Field Inspector Larry Young. Kar\ Adi|man, our office manager, will manage the
financial and administrative tasks including the delivery of reports. She will be oaoimtad by
TeannHenniok and Donna Cnonkhiteaorequired.
Daniel Glenn, FCSLA Principal Landscape Architect
Brian Parker, APALA
Senior Landscape Architect
VVenting Li, MLA
Land Planner/ Designer
Justin Christie, PTech
Technical Project K8anager
Matthew Colpitts, CET
Architectural Tech nologist/Backup
110
213
Hourly Rate
Incl. HST
}fadbnurfhont Residences at Three Sisters
Public Plaza
City of Saint John
Larry Young
Field Contract Inspector
KahAdi|nlen
Office Manager/ Multi-Media Designer
TeannHennick
Administrator/ Researcher
[}onnaChronkiho.
Administration/ Book Keeping
IM0"115��
Civil and Mechanical EnginggLLa
Crandall Engineering Senior Engineer
Technician
Phillips Engineering and Consulting Services
Project Engineer
Technician
$148.31
$ 77.97
jumm
Glenn Group Ltd. has prepared the concept design forthe public and private plazas at
Horbourfront Residences at Three Sisters. The firm also detailed the Three Sisters Plaza and
Harbour Passage along Water Street which sat the standard for the proposed public plaza. In
oddition, the firm has designed several rooftop courtyards. Sample projects and reference can
be supplied upon request. Mike Phillips of Phillips Engineering and Consulting Services has
supplied all the structural engineering for the Harbour Front Passage Projects.
E
214
Harbourfront Residences at Three Sisters Glenn Group Ltd.
Public Plaza Proposal 11 p03.R1
City of Saint John
4.0 FINANCIAL PROPOSAL
This is a maximum upset fee proposal for all fees and expenses. Approved additional work will
be billed on an hourly basis.
A Detailed Desl
Structural Engineering
$
2,000.00 +1 $
260.00 HST $
2,260.00
Electrical Engineering
$
2,509.R0
325.00 HST $
2,825.00
Mechanical/ Civil Engineering
$
1,500.00
+1 $
195.00 HST
1,695.00
Landscape Architecture
$
18,000.00
+
0.00 HST
0
$
24,000.00
+r$
3,120.00 HST
27,120.00
Expenses
$
1,000.00
+1 $
1:30..00 HST
1"130.00
1 $ 25,000.00 1+1 $ 3,250.00 1 HST 1=1 $ 28,250.00
B Tender(s) Period Services Contract Administration $ 23,119.80
------------
Tender(s) period services $ 2,500.00 + $ 325.00 HST = $ 2,825.00
Field Inspector (15 days) $ 5,625.00 + $ 731.25 HST = $ 6,356.25
Construction Management $ 4,000.00 520.00 HST $ 4,520.00
. .......... ..
T
i
65.00 HST $
Electrical Inspection 5E666 + $ 565.00
Structural Inspection 1,000 00 + $ 130.00 HST
= $ 1,130.00
Mechanical Inspection 500 00 $ 65.00 HST i =' $ 565.00
ji��-o�i-6ra,iw-ngsi-Surveying I $ 1,500.00 + $ 195.00 $ 1,695.00
1$ 15,625.00 + $ 2,031.25 1 HST $ 17,656.25
.... . .... ..
Expenses
9-88.75
875. 00 $
Meals 60.00 $ 7.80 HST $ 67.80
Mylars - 8 Q $50 1$ ).00 ST
40( J$ 52.' $ 452.00
Cell Phone - Site 500. 00 :+ $ 65.00 HST = $ 565.00
........... . .. .. .. .. .. ....
. ... . ............ .... . . ...... ....... . . .- I I
Phone, shipping, Mail, Printing 1 $ 700.00 -1 $ 91.00 HST 1= $ 791 - .00
Equip., Surveying $ 300.00 $ 39.00 1 HST $ 339.00
. ..... - ------ . . . ......... ..... . . . ......... ...... ...... . ....
Materials Testing $ 2,000.00 + $ 260.00 HST ;= $ 2,260.00
4,835.00 ;+1 $ 628.55 HST ;=� $ 5,463.55
Total A & B i $ 45,460.00 + $ 5,909.80 HST $ 51,369.80
- - - - ------------ --- ----- 7i-- ........ . ...
Contingency j$ 5,000.00 i+i $ 650.00 HST $ 5,650.00
. . . ... ........................
Grand Total $ 5011,14-69.9.0-1+1 $6,55119.110-1 HST 11=1 $ ............... 67!1,01978.0
.. . .. ..... . . .. ......... ........ .
Contingency sums will only be billed as approved for additional services by the City
Engineer to deal with work beyond the identified scope or for approved additional field
inspector time.
12
215
Harbourfront Residences at Three Sisters
Public Plaza
City of Saint John
r-lyma, 4014MOVIV-13
Insurance Certificate
13
216
Glenn Group Ltd.
Proposal 11 p03.R1
'11-01-11 14:59 FROM-fluestis Commercial 5064598940 T-574 P0001/0001 F-692
BROM
Imestili Capital Commercial Ins
Fredericton Branoh
3R3 grunswicic Street 2nd Floor,
FrederiGton, Ha VB IH2
BROKE" CLIENT to! GLENN-1
INSURMYS FULL NAME ANP MAILING ADDRESS
Glenn Group Tno-
P.o. Box 624
Fredericton, NS RIB 5A6
impollig", �'j
Is i - I
rlhpj
Tills is to w� ry Bwt U a pofclas of insutanee Ested botow have Oran 1ss ad io me mewed named above oaf
conditions of aocb Pat tiles. L1Pd9fiS St {OVYN MAY HAV
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CUMMORcIAL01INSRAL LIAMUrY
OLAIMSMAD15 OR [7 OOCURKtWC
EMPLOYER$'$ LIABILITY
CROW LIABILITY
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LLUTf04 LIABILITY EXTENSION
AUTORIO&ILE LIAINUTY
DESCRIBED AUTOMOEilLrS
ALLOWNEDAUTOs
LEASgD AUTOMOBILES
UMBRELLA FORM
OTH6RTWN UMGFWLLA FORM
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LIMITS OF LIABILITY
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extend or a] . ter the Coverage afforded by the! pollcle$ b9lOw.
coMPANIES AFFORDING COVERAGE!
COMPANY
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ON AUTOMOVILCSISPECEALITEMS
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Should Adrof tI e above - described Policies be 'cancelled Wore the
expiration date, thereof, the Issuing company will endeavor to 0*11
dAys written notice to the certificate holder named to the left,
but fallure to mail such notice shall impose no obligation or liability
of any kind Upon the company, its agents or �repfll"�nu111113.�
PRINT NAME jNcLL ojNc;vow-noxHELP
Stephanie Boaftell Broker
COMPCOMPANY DATE
,jud-siti's ("apitaj qommercial 1as 1/i11/11
5l
217
Parcel Identifier
Ellardale Nolmirtka Ud.
1190 Fairville Blvd
Saint John, Now Brunswick
E2M 5T7
City: The City of Saint Johh
8"' Floor, City Hall Building
15 Market Square, PO Box 1971
Saint John, NB
E21- 41-1
WHEREAS an application was submitted to Me Common Council of the
City seeking the redesignation and rezoning of [ends located at M Water
Street/243 Prince William Street Identified as PID Number 6676 comprising an
area of approximately 5W square metres 11.4 acres{ in the City of Saint John,
hereinafter referred to as "the Lands" and which are shown on the plan annexed
hereto and forming a part hereof as Schedule W, from 'r Transportation and
'RM-1" Three Storey Multiple Residential to 'I D® Integrated Development, and
WHEREAS the application referred to in ft immediately preceding recital
set out a specific proposal that the Lands be used for a mixed use commercial-
residential development substantially as shown in the conceptual plan attached
as Schedule *Er; and
WHEREAS the said Common Council pursuant -lo the provisions of the
Community Planning Ad, Chapter C-13, R.S.N.B. 1973 as amended, gave third
reading to the requ6sled rezoning as its open session meeting hold on the 17th
day of March, 2008; and
WHEREAS pursuant to the provisions of Section 39 of the said
Community Planning Act, terms and conditions were imposed by the Common
Council in connection WAh the rezoning, which rezoning shall become effective
upon the filing of a certified copy thereof in the Saint John Registry Office; and
WHEREAS Common Council at Its meetings of March 17, 2008
authorized the execution of these presents to assure compliance with the terms
and conditions imposed; and
WHEREAS ftse presents shall be recorded in the Saint John County
Registry Office pursuant to ft provisions of Section 39 (4) of the said
Community Planning Act and thereby bind subsequent owners of the Lands to
the provisions hereof;
NOW THEREFORE THIS AGREEMENT WITNESSETH that the
Developer for and in consideration of the City's amending its Zoning and
Municipal Development Plan By-Laws as described In the recitals hereof, and of
the City's entering into this Agreement as well as other good and valuable
consideration, the receipt and adequacy of which is hereby acknowledged,
agrees as follows;
1. That the Developer shall undertake development of the Lands only for the
purpose of a comirnerciall-residential development [the "developmerif I
located in one or more buildings approximately as shown In Schedule "C'
with any commercial space located on Water Street.
2. That the Developer will grant the City any applicable municipal services
easements and/or public utilities easements.
218
-2-
3, That the Developer will grant the City an easement over the proposed
open air plaza an Prince William Street located between the two buildings
of the development, for the limited use and enjoyment of "the general
public on such reasonable terms and conditions as may be agreed to by
the Parties hereto from time to time including rules and regulations
relating to the hours in any day the public will have access to the plaza.
The area within the open area plaza that is subject to the easement is the
area outline in yellow in Schedule V.
4. That the Developer Will allow the City to remove the roses and alien block
retaining Wall that support the roses. The City, shall remove those. alien
blocks and roses, if any, as the Developer directs for the location of the
developer's temporary sales and condo display home within thirty [30]
days after notice by the developer and thereafter the balance of the ' alien
blocks and roses within thirty 130) days after notes by the Developer that
the developer intends to commence construction of the Development.
5. Subject to article 6, the Developer shall not undertake the construction of
a building or other structure upon the Lands until the detailed site plan
and detailed building elevation plans relating to such construction are
approved by the City *filch approval shall not be unreasonably withheld
or delayed if they are in substantial oomplance with the conceptual site
plan attached as Schedule 'C" and the conceptual elevation plans
attad*d as Schedule "D* and that in each instance of the submission of a
building permit application for the development, the Developer Will provide
with such application a detailed site plan and detailed building elevation
plan together With the written approval thereof by the City's Development
Officer.
6. That the developer shall be permitted to set up.and operate a temporary a
sales and condo display home for the purposets of marketing the sale of
the units in the development.
a) All municipal services required to the Lands to service the
development to a maximum contribution of $30,000.00;
b) (i) Retain the services of Daniel K. Glenn Ltd to prepare working
drawings and gpecffications, to design the outdoor plaza
between the two buildings of the development and the
sidewalk onwards to the dosed street formerly Murder Hill,
referred to in Article 8(e) which design Will include- sidewalks,
ornamental lighting, landscaping, waterproofing, parking lines,
and furnishings and other work associated with or resulting
from the above mentioned improvements, Which
specifications for the work shall be of similar quality and
standards as set out in the specifications for the proposed
Three Sister Plaza. The drawings and specifications shall be
subject to the approval of both parties, which approval shall
not be unreasonably withheld;
219
.3-
b) (ii) The City shall carry out the work arising out of the plans and
specifications set out in article 8(b) except for the
waterproofing which shall be carried out by the Developer and
the City shall contribute $20.000.00 towards the cost of
waterproofing the Plaza and further provided that the
maintenance, repair, and replacement of the plaza and any
landscaping.' furnishings and lighting therein shall be carried
out and p . aid for by the Developer after the work Is completed:
c) Coordinate the design and construction of the work described in
articid 8(b) so as to ensure the work is completed by the date
the Developer proposes to complete construction of the first
building of the development;
d) Relocate the utility service vault on Water Street that presently is
kinder the proposed development to that parcel of land that the
developer will deed to the City h)caled at the tip of Water
Street
a) Ensure that the dosed street formerly Murder Hill is redeveloped
only in conjunction with Harbour Passage as the pedestrian
access from Prince William Street to Water street as�_phown on
the plans to be prepared by Daniel K Glenn Ltd. prepared
pursuant to article 8(b), provided that the City shall have the
right to give the owner of adjacent property, PID #6114 a deed
or easement to any portion of the balance of the lands, to.be
used for any purpose other than parking including a
pedestrian entrance Into the existing building or an expansion
to the existing building so long as the owner renovates the
existing building on PID # 6114 in accordance with a plan
approved by the City;
fa Recommend to all stakeholders that the Harbour Passage work
proposed to be done in front of Pugsley"B' on Water Street be
completed by no later than June 30, 2009:
g) All work or services to be done or provided by the City shall be
coordinated with the developer to ensure that neither the
development nor the City's work -is delayed. The City shall
prepare a schedule showing the commencement and
completion dates of the work to be done by it or services to be
provided by it, which schedule shall be approved by the
Developer, which approval shall not be unreasonably withheld.
9. • Any nobce,, direction or other document required or permitted to be given
hereunder or for the purposes hereof (hereinafter this section called a 'notice') to
any party shall be in, writing and shall be sufficiently given if delivered personally,
or if sent by prepaid registered mail or if transmitted by facsimile or other form of
recorded communication tested prior to transmission to each party:
(a) In the case of the City at:
15 Market Square
P. 0. Box 1971
Saint John, New Brunswick E2L4L1
Facsimile Number: 506-674-42114
Attention: Common Clerk
(b) In the case of the Developer at:
1190 Fairville Boulevard
Saint John, New Brunswick E2M 5T7
Facsimile Number: x0"35-0510
Attention: John P. Rocca
220
ED
of at such other address as the party to whom such notice is to be given shall
have last notified the party giving the same notice in the manner provided in this
section. Any notice delivered to the party to whom it is addressed as
hereinbefore provided shall be deemed to have been given and received on the
day it is so delivered at such address, provided that it such dity is not a business
day then the notice shall be deemed to have been given and received on the first
business day next following such day. Any notice mailed as aforesaid shall be
deemed to have been given and received on the third business day following the
dale of Its mailing. Any no% e transmitted by facsimile or other form of recorded
communication shall be deemed given and received on the first business day
after its transmission.'
10, This Agreement shall enure to the benefit of and be binding upon the
parties and their respective heirs,'executors, administrators and successors and
permitted assigns.
11. The parties hereto shall with reasonable diligence do all such things and
provide all such reasonable assurances as may be required to consummate the
transaction contemplated hereby, and each party shall provide such further
documents or instruments required by any other party as may be reasonably
necessary or desirable to effect the purpose of this Agreement and carry out its
provisions.
12. . If any covenant or provision of this Agreement is prohibited in whole or in
part; such covenant or provision shall, be ineffective to the extent of such
prohibition without invalidating the remaining covenants and prbvisions hereof
and shall be deemed to be severed from this Agreement to the extent of such
prohibition.
13. Except as specifically set forth or referred to herein. nothing herein,
express or implied, is intended or shall be construed to confer upon or to give
any person, other than the parties and their respective successors and permitted
-assigns, any rights or remedies under or by reason of this Agreement.
14- This Agreement may not be amended or modified in any respect, except
by written instrument executed by all of the parties hereto.
15. This Agreement and the rights, obligations and relations of the parties
shalt be governed by and construed in accordance -- with the laws of the Province
of New Brunswick and the federal laws of Canada applicable therein. The
parties agree that the courts of New Brunswick shall have jurisdiction to entertain
any action or other legal proceedings based upon any provision of this
Agreement and each party does hereby attorn and irrevocably submit to the
exclusive jurisdiction ofthe courts of New Brunswick.
Clerk
Common Council Resolution:
March 17, 2008.
221
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230
N
Fom 45
Deponent: John P. Rocca
1190 Fairville BW
Saint John, New Brunswick
E2M 517
Office Held by Deponent:
Corporation:
Place of Execution:
Date of Execution:
President
Ellerdale Properties Ltd.
City of Saint John
ST August _44_, 2009.
John P/
231
Form 45
AFFIDAVIT OF CORPORATE EXEC UTION
Land Titles Act, S.N.B. 1981, s.55
Deponent'.
Jonathan A. Taylor
City of Saint John
P.O. Box 1971
Saint John, NB E2L 41-11
Office Held by Deponent:
Assistant Common Clerk
Corporation:
The City. of Saint John
(Other Officer Who Executed
the Instrument)
G. Ivan Court
City of Saint John
P.O. Box 1971
Saint John, NB E21-41-1
Office Field by.Other Officer
Who Executed the Instrument: Mayor
Place of Execution: City of Saint John
Date of Execution: August J1,51 21X19.
1, Jonathan A. Taylor, the deponent, make oath and say:
1. That I hold the office specified in the corporation specified above, and am
authorized to make this affidavit and have personal knowledge of the matters
hereinafter deposed to;
2. That the attached instrument was executed by me and the other officers
specified above, as the officers duly authorized to execute the instrument on
behalf of the corporation;
3. That the seal of the corporation was affixed to the instrument by order of the
Common Council of (The) City of Saint John:
4. That the instrument was executed at the place and on the date specified
above.
5. The corporation has no shareholders.
SWORN TO at the City of
Saint John, in the County of
Saint John, Province qf New
Brunswick on the X 54
day of August 2009.
BEFORE ME:
*nd&:6�ff
Commissioner of Oaths
Being a Solicitor
—Z 11-1-2'k7
4onathan A. or
232
Sarnt john
er gy
ykn
February 07, 2011
His Worship Mayor Ivan Court
And members of Council
Your Worship & Members of Council,
The Power Commission of the City of Saint John
325, rue Simms Street • P.O. Box/CP 850 • Saint John, NB E21L 4C7
tel /tel. (506) 658 -5252 • fax/telecopieur (506) 658 -0868 • www.sjenergy.com
We have received and considered the request of Common Council, dated January 21, 2011, that Saint
John Energy donate power, or provide a discount to food banks in the City of Saint John.
We wish to advise your Worship and Council that Saint John Energy has a policy which offers non - profit
organizations access to our lowest rate code. In fairness to all ratepayers it would not be appropriate to
offer further subsidy to any class of customer than is already in place.
We are always available to discuss the most appropriate rate code, or various energy saving options
with any of our customers. We invite any individual customer who wishes to discuss their particular
account or energy saving options, to contact Saint John Energy at any time.
Yours uly,
c
Eric J. Ma , P. Eng.
Presiden CEO
EJM /dd
Cc: Christopher T. Titus
MISSION STATEMENT "Provide safe, reliable electricity at the lowest rates possible"
ENONCE DE MISSION <(Fountir Line dlectricitd sdcuritaire et fiable au meilleur prix»
233
SAINT JOHN BOARD
OF POLICE
COMMISSIONERS
PO Box 1971
Saint John, New Brunswick
Canada E2L 4L1
Bureau des Commissaires du Service
de Police de Saint John
C.P. 1971
Saint John Nouveau - Brunswick
Canada E2L 4L
CHRISTOPHER WALDSCHUTZ
Chair /President
DAVID EMERSON
Vice Chair/Vice President
MARY - EILEEN O'BRIEN
Secretary/Secretaire
MAYOR IVAN COURT
Commissioner/ Commissaire
JONATHAN FRANKLIN
Commissioner /Commissaire
PETER MCGUIRE
Commissioner /Commissaire
WILLIAM G. REED
Chief of PolicelChef de Police
SHARON RIGBY
Executive Administrator/
Secretaire Administrative
Telephone/Telephone.
(506) 674 -4142
Fax/Telecopieur.
(506) 648 -3304
E- mail/Courriel:
policecommission&ainlohn. ca
0�r
SAINT JOHN
Explore our pastl
Explorez notre passe
Discover your future/
Decouvrez votre avenfr
February 9, 2011
His Worship Mayor Ivan Court
and Members of Common Council
Your Worship and Members of Council:
Today the Saint John Board of Police Commissioners ratified the
tentative collective agreement reached between our negotiating team and
representatives of the Saint John Police Association (the "SJPA ") for a
term of thirty months, ending December 31, 2012. The membership of
the SJPA ratified the tentative agreement at a meeting on February 4,
2011.
During the collective bargaining process, representatives of the SJPA
expressed their serious concern that disability benefits may not be
available to new members of the Saint John Police Force through the
City of Saint John Pension Act and requested that the Saint John Board
of Police Commissioners also express its concern in that regard to
Common Council.
The Saint John Board of Police Commissioners is of the view that
disability benefits are an important component of the income security
protection that is available to its employees in the event of permanent
disability. New employees also should have such protection available to
them and we would urge Common Council to consider this when
considering any proposed changes to the City of Saint John Pension Act.
Yours truly,
0. L"" j
Christopher Waldschutz
Chairman
Saint John Board of Police Commissioners
cc: Chief William G. Reid
Jamie LeMesurier
CW /sr
234
TNTERP I E
SAINT JOHN
Inspiring people, ideas & investment
February 10, 2011
Mayor Ivan Court
Members of Common Council
City of Saint John
PO Box 1971
Saint John, NB E21- 41-1
Your Worship and Members of Common Council,
RE: Enterprise Saint John's January 2011 Activity Update
We are pleased to present you and the members of Common Council with Enterprise Saint
John's new Activity Update "Business Bulletin" for the month of January 2011. This update is
part of our continuing efforts to more effectively communicate the activities we undertake with
our partners on an ongoing basis. The Activity Update will be developed monthly, and we
welcome comments, feedback and suggestions for improvement.
Last summer, as part of our efforts to fine tune our region's economic development framework,
we spoke to 40 organizations, 40+ people and conducted three open community sessions. As a
result, a number of themes emerged. One of them was a request from our stakeholders to gain
a deeper understanding of Enterprise Saint John's role in investment attraction, entrepreneur
development and workforce expansion efforts. People want to know what is happening in our
priority sectors and how we can collaborate and support one another to achieve our shared
goals.
This is all about keeping Saint John on the move.
We look forward to continuing to work closely with you and the members of Common Council
as we work together to inspire people, ideas and investment in Canada's original city.
Sincerely,
Tony Gogan
Chair, Enterprise Saint John
Grand Bay- Wpstfiold ■ Qiiispamsi: ■ Rothpsay s St. Marrins ■ Saint john
235
�Ls�TJo� Business Bu et n
Saint John is on the move
Welcome to the Business Bulletin. Every month, we will be sharing stories and highlighting some of our region's economic successes. In 2010
we listened to over 40 organizations, 400+ people and got inspired by three open community sessions to help us fine tune our region's
economic development plan for the next three years. We heard you tell us you wanted to hear more about what's happening and how we
can support one another to achieve our shared community goals.This is all part of keeping Saint John on the move. We welcome comments,
feedback and future story ideas. We hope you enjoy!
Health & life sciences
Enterprise Saint John has facilitated a partner-
s ship with the Saint John Regional Hospital
°f Foundation, UNB Saint John, Horizon Health
Network and the Saint John Board of Trade to
develop a strategy to grow Saint John's health &
111E
Immigrant investment worth
millions to Saint John
The team at Enterprise Saint John is working to attract
people and new business investment to our region — in
January we hosted and presented the Saint John story to 18
potential investors from China, Vietnam and South Korea —
,,�� that's nearly one potential investor every business day. •
Quick fact
Immigrant investors are required to bring a
minimum $125,000 to the community they select,
This month's meetings represent a potential
minimum $2,250,000 investment. In 2010,
Enterprise Saint John hosted 379 potential
immigrant investors from across the globe. •
January's inspired
entrepreneur;
Kiera Fraser
The business development
team at Enterprise Saint
John first met Kiera Fraser in
2009. Since then she has
been busy becoming a
successful businesswoman,
with the opening of Je Suis
Prest, a chic clothing boutique in
Brunswick Square. Kiera received
the Saint John Board of Trade's
"Young Entrepreneur Award" at
the Outstanding Business
Achievement Awards in Novem-
ber 2010. Je Suis Prest employs
four people and has been an
important driver of the Uptown's
retail renaissance. •
Enterprise Saint John, to be honest, I never thought they ImmigrontMentorship Program. l I'
Writing a business plan: an
entrepreneurship workshop
On January 13, Enterprise Saint John hosted a
workshop for young entrepreneurs to assist them in
writing a business plan. The workshop covered
everything from why a business plan is important to
articulating the business concept, conducting market
research, developing a marketing strategy and plan
implementation. The free workshop was attended by
18 entrepreneurs.*
tl
' �_ •, -. fit.
Attracting skilled workers from across the pond — Enterprise Saint John's workforce develop
ment team represented 20 Saint John area employers across a wide spectrum of industries to recruit skilled IT workers
at a recruitment mission in Ottawa. Between 1996 and 2006, 1,500 new ITjobs have been created in Saint John, and the
demand to continue to grow is stronger than ever. The recruitment mission led to increased awareness of the opportu-
nity to seek skilled workers from outside our region. These recruitment missions provide an opportunity for companies
to fill gaps in their workforce with skilled employees when they are unable to do so from the local labour pool. In
partnership with New Brunswick's Population Growth Secretariat repatriation and immigration branches, we are now
widening our scope and exploring Ireland for skilled IT workers. •
With Ireland facing a 13.4% unemployment rate, Chris Boudreau, CEO of Clinic Server is looking for skilled IT workers across the
pond. "When you look at England, Ireland and the Eastern Bloc, retention data is 90% and above," he said, citing numbers from
New Brunswick's Population Growth Secretariat. •
Enterprise Saint John
receives leadership award
From L to R: Steve Carson, CEO of Enterprise
Saint John and Board Chair, Tony Gogan,
receive the national IPAC /Deloitte Public Sector
Leadership Award from Deloitte representa-
tives, Lloyd Foote, Partner, and Stephanie Sirois,
Marketplace Services Coordinator. Enterprise
Saint John is the only Atlantic Canadian organi-
zation to receive the prestigious Leadership
Award in their category. •
Sandy Point Road (Milledgeville)
Neighbourhood Group
His Worship Mayor Ivan Court and the members of Common Council
City of Saint John
PO Box 1971
Saint John, NB
E2L 4L 1
February 2, 2011
RE: Rockwood Park Boundaries Along Sandy Point Road
Dear Mayor Court and the members of Common Council,
On behalf of SPRNG — Sandy Point Road Neighbourhood Group, we would like to thank you for
your decision on January 31 to halt proposed amendments to the Municipal Plan and Zoning By-
Law for the Sandy Point Road area. We appreciate your recognition that many citizens, not just
this neighbourhood, value the specialness of this wilderness section of Rockwood Park.
We are wondering however, about the new boundaries for Rockwood Park that were adopted by
the Common Council on Nov 22, 2010. They were drawn with the assumption that the Municipal
Plan and Zoning By -Law for the area would be amended as proposed. Now that the current MPD
and the zoning are to be maintained, these new boundaries do not make any sense.
Firstly, we would like the City to redraw the boundaries. If the boundaries are not changed back
to their historical place, we wonder what will be in store for the city -owned lands that lie
between the road and the new border.
Secondly, the boundaries of Rockwood Park should be legally defined as recommended by the
Rockwood Park Advisory Board and this should include guidelines for allowed uses of the
parkland. We are concerned that without legal protections, economic interest will outweigh
public good and further erosion of parklands will result. Until such time that the park boundaries
are legislated, the current moratorium on the city -owned lands should remain in place.
238
Lastly, we would like Common Council to follow through on its motion of August 3, 2010 that
the City Solicitor obtain the resolutions of Council applicable to the City- acquired properties
South of Sandy Point Road which were not part of the lands obtained for the Horticultural
Association. The citizens of Saint John would like to know how and why the City acquired those
lands that now make up the traditional borders of Rockwood Park. We believe this information is
foundational to determining the legal boundaries of Rockwood Park.
Thank you for considering our recommendations.
Respectfully submitted on behalf of SPRNG,
�7 nj j
Monica Chaperlin
1711 Sandy Point Road
239
Atsko Nose
1687 Sandy Point Road
His Worship Mayor Ivan Court and the members of Common Council
City of Saint John
PO Box 1971
Saint John, NB
E21, 4L 1
February 10, 2011
RE: Rockwood Park
Dear Mayor Court and the members of Common Council,
While Friends of Rockwood Park appreciate that Council has decided not to proceed with the
proposed amendments to the Municipal Plan and Zoning By -Law for Sandy Point Road and
Rockwood Park, we still have a number of concerns.
The Municipal Plan was updated and approved by Council in February 1998. This document
recognizes Rockwood Park and Tucker Park as "open spaces of regional significance... should
be preserved and integrated with an open space system extending throughout the city."
We ask that the Rockwood Park boundaries be legally defined as they have been historically
known, as Sandy Point Road, Foster Thurston Drive, The Throughway and lands around Lily
Lake. We ask that these be legally defined as soon as possible so as to prevent further sales,
construction, options to purchase and declaring park lands surplus as was done by a previous
council.
We ask that this council reverse the zoning of a long strip of land from # 1711 -1255 Sandy Point
Road from Single Family Residential back to "Park ". We ask that the definition of "park" be re-
written so as to more clearly define park use and the conservation and protection of park lands.
We ask that the Harrigan Lake property at #1671 Sandy Point Road be remediated.
We would be pleased to meet with staff of planning and leisure services to discuss these further.
Respectfully submitted on behalf of Friends of Rockwood Park,
61,5', !� e��_ 6__
Joan Pearce, Chair,
352 Pelton Road,
Saint John, NB, E2K 5H7
240