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2011-02-28_Agenda Packet--Dossier de l'ordre du jour4 City of Saint John Common Council Meeting Monday, February 28, 2011 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor Boardroom City Hall 1.0 Approval of Minutes 1.1 Nominating Committee 10.2(4)(b) 1.2 Nominating Committee 10.2(4)(b) 1.3 Nominating Committee 10.2(4)(b) 1.4 Financial Matter 10.2(4)(c) 1.5 Land Matter 10.2(4)(d) 1.6 Financial Matter 10.2(4)(c) Regular Meeting 1. Call to Order — Prayer 6:00 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of January 31, 2011 3. Adoption of Agenda Items Forwarded from February 14, 2011 3.1 City Manager: Saint John Water - 2010 Annual Wastewater Report 3.2 City Manager: Outdoor Plaza for Harbourfront Residences at Three Sisters Development, Water Street 3.3 Saint John Energy: Power Rate for Food Banks 3.4 Enterprise Saint John: Activity Update 3.5 SPRNG Letter: Rockwood Park Boundaries Along Sandy Point Rd 3.6 Friends of Rockwood Park Letter: Rockwood Park 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 PULSE Letter of Thanks (Recommendation: Receive for Information) 5.2 Seniors' Resource Centre: 50+ Friendship Games Request for Donation (Recommendation: Refer to the City Manager) 5.3 Shaw Letter: Noise Pollution Complaint - Lower South End (Recommendation: Refer to City Manager) 5.4 Sauerteig Letter: Emera Brunswick Pipeline Emergency Response Planning (Recommendation: Receive for Information) 9 5.5 Letter from Minister Holder Regarding Long Term Conservation of Rockwood Park (Recommendation: Refer to City Mananger) 5.6 Stop up and Close Unnamed Public Street in Glen Falls (Recommendation in Report) 5.7 Renewal of Water Supply Agreement - Musquash Watershed (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning By -Law Amendment 78 Orange St 9.1(b) Planning Advisory Committee Recommending Rezoning 9.2(a) Proposed Zoning By -Law Amendment 1147 Loch Lomond Rd 9.2(b) Planning Advisory Committee Recommending Rezoning with Section 39 Conditions 9.2(c) Letter of Opposition 10. Consideration of By -laws 10.1 Third Reading - Street Closing By -Law Amendment Portion of Main St 10.2 Third Reading - Business Improvement Levy By -Law 11. Submissions by Council Members 11.1 A Personal Commitment to Waste Reduction (Councillor Titus) 11.2 Mobilizing Vacant Properties Into Urban Neighbourhood Revitalization Opportunities (Councillor McGuire) 11.3 Waste Management Program (Deputy Mayor Chase) 11.4 Water Dispute with Town of Rothesay (Deputy Mayor Chase) 12. Business Matters - Municipal Officers 12.1 Common Clerk: Designation of "Head" of the City of Saint John Under the Right to Information and Protection of Privacy Act (RTIPPA) 12.2 City Solicitor: Harbour Clean up Project 12.3 Commissioner of Finance: Capital Financing 12.4 City Manager: Drinking Water Treatment Facility - Site Access 12.5 City Manager: Overnight Winter Parking Restriction on Lancaster Street 13. Committee Reports 13.1 Committee of the Whole: Recommended Appointments to Committees 13.2 Planning Advisory Committee: Secord Subdivision, Phase 2 Abigail Place 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 SPRNG Clarification Letter: Rockwood Park Boundaries Along Sandy Point Road 16. Adjournment 5 City of Saint John Seance du conseil communal Le lundi 28 fevrier 2011 Comit6 pl6nier 1.Ouverture de la seance 17 h — Salle de conference, 8e Rage, hotel de ville 1.0 Approbation du proc&s- verbal 1.1 Comite des candidatures 10.2(4)b) 1.2 Comit6 des candidatures — alin6a 10.2(4)b) 1.3 Comit6 des candidatures — alin&a 10.2(4)b) 1.4 Question financiere — alin6a 10.2(4)c) 1.5 Question relative aux biens -fonds — alin6a 10.2(4)d) 1.6 Question financi&re — alin6a 10.2(4)c) Seance ordinaire 1.Ouverture de la seance, suivie de la priere 18 h — Salle du conseil 2. Approbation du proces- verbal 2.1 Proc&s- verbal de la seance tenue le 31 janvier 2011 3. Adoption de Fordre du jour Points reportes de 11ordre du jour du 14 fevrier 2011 3.1 Directeur g&n&ral : Rapport annuel de 2010 relatif au r6seau d'&gouts de Saint John Water 3.2 Directeur g&n&ral : Aire ext&rieure pour les Harbourfront Residences a Three Sisters Development, rue Water 3.3 Saint John Energy: Tarifs d'61ectricit& pour les banques alimentaires 3.4 Enterprise Saint John : Compte rendu des activit&s 3.5 Lettre de SPRNG au sujet des limites du parc Rockwood le long du chemin Sandy Point 3.6 Lettre revue du groupe Friends of Rockwood Park au sujet du parc Rockwood 4. Divulgations de conflits d1int6rUs 5. Questions soumises i Papprobation du conseil 5.1 Lettre de remerciement de PULSE (recommandation : accepter a titre informatif) 5.2 Seniors' Resource Centre: Demande de don — Jeux de 1'Amiti6 des afn6s (recommandation : transmettre au directeur g6n6ral) 5.3 Lettre de M. Shaw : Plainte contre la pollution sonore — Quartier sud (recommandation : transmettre au directeur g6n6ral) 5.4 Lettre reque de M. Sauerteig au sujet de la planification d'intervention d'urgence d'Emera Brunswick Pipeline (recommandation : accepter a titre informatif) 5.5 Lettre reque du ministre Holder au sujet de la conservation a long terme du parc Rockwood (recommandation : transmettre au directeur g6n6ral) 5.6 Fermeture et barrage d'une rue publique sans nom a Glen Falls (recommandation figurant au rapport) 5.7 Reconduction de la convention d'approvisionnement en eau relative au bassin versant Musquash (recommandation figurant au rapport) 6. Commentaires preseWs par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 19h 9.1a) Projet de modification de 1'Arr&& de zonage visant le 78, rue Orange 9. lb) Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage 9.2a) Projet de modification de 1'Arr&& de zonage visant le 1147, chemin Loch Lomond 9.2b) Comit6 consultatif d'urbanisme recommandant le rezonage conform6ment aux conditions imposes par Particle 39 9.2c) Lettre d'opposition 10. Etude des arretes municipaux 10.1 Troisi6me lecture du projet de modification de 1'Arret& concernant la fermeture de routes visant un tronron de la rue Main 10.2 Troisieme lecture de 1'Arret6 concernant la contribution pour 1'am&lioration des affaires 11. Interventions des membres du conseil 11.1 Engagement personnel visant la r6duction des d6chets (conseiller Titus) 11.2 Mobilisation des lots vacants pour des possibilit6s de revitalisation des quartiers urbains (conseiller McGuire) 11.3 Programme de gestion des d6chets (maire suppl6ant Chase) 11.4 Conflit avec 1'administration de la Ville de Rothesay au sujet de 1'eau (maire suppl6ant Chase) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Greffiere communale : Nomination du « chef >> de The City of Saint John en vertu de la Loi sur le droit a Pinformation et la protection de la vie privee 12.2 Avocat municipal : Travaux de nettoyage du port 12.3 Commissaire aux finances: Financement des immobilisations 12.4 Directeur g6n6ral : Installation de traitement de 1'eau potable — Acc&s 12.5 Directeur g6n6ral : Restrictions relatives au stationnement sur la rue Lancaster en hiver la nuit 13. Rapports d6pos6s par les comit6s 13.1 Comit6 pl6nier : Recommandations de nominations pour si6ger aux comit6s 13.2 Comite consultatif d'urbanisme : Lotissement Secord, phase 2, place Abigail 14. Etude des sujets ecartes des questions soumises a Papprobation du conseil 15. Correspondance generale 15.1 Lettre de precision de SPRNG au sujet des limites du parc Rockwood le long du chemin Sandy Point 16. Levee de la seance 96 -42 COMMON COUNCIL / CONSEIL COMMUNAL JANUARY 31, 2011/LE 31 JANVIER 2011 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JANUARY 31, 2011 - 7:00 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors 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; M. King, Police Staff Sergeant; M. Gillen, Deputy Fire Chief; 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 31 janvier 2011 A 19 H Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Farren, Higgins, McGuire, Mott, Norton, Snook, Sullivan et Titus 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; M. King, sergent d'etat -major du Service de police; M. Gillen, chef adjoint du service d'incendie; ainsi que E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. Call To Order — Prayer Mayor Court called the meeting to order and Reverend Wayne Dryer offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court et le pasteur Wayne Dryer recite la priere d'ouverture. 2. Approval of Minutes 2.1 Minutes of January 4, 2011 On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the minutes of the meeting of Common Council, held on January 4, 2011, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 4 janvier 2011 Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le proces- verbal de la seance du conseil communal tenue le 4 janvier 2011 soit approuve. A I'issue du vote, la proposition est adoptee. 0 96 -43 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 201VLE 31 JANVIER 2011 2.2 Minutes of January 10, 2011 On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the minutes of the meeting of Common Council, held on January 10, 2011, be approved. Question being taken, the motion was carried. 2.2 Proces- verbal de la seance tenue le 10 janvier 2011 Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLLI que le proces- verbal de la seance du conseil communal tenue le 10 janvier 2011 soit approuve. A I'issue du vote, la proposition est adoptee. 3. Approval of Agenda On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the agenda of this meeting, with the addition of items 13.6 Committee of the Whole: Recommended Appointments to Committees; 13.7 Committee of the Whole: Thorne Avenue Lift Station #4 Project — Easement Requirement, be approved, and further that item 13.0 Committee of the Whole: Agreement of Purchase and Sale, be moved forward on the agenda. Question being taken, the motion was carried with Councillor Higgins voting nay. 3. Adoption de I'ordre du jour Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLLI que I'ordre du jour de la presente seance soit adopte, moyennant I'ajout du point 13.6 Comite plenier : Recommandations de nominations pour sieger aux comites; 13.7 Comite plenier : Projet de la station de relevement no 4 de I'avenue Thorne — Que 1'exigence de servitude soit approuvee; et que le point 13.0 Comite plenier : Convention d'achat - vente, soit avance dans I'ordre du jour. A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 4. Disclosures of Conflict of Interest Councillor Higgins declared a conflict of interest with item 5.9 Design and Construction Management Lorneville Road Storm Drainage Crossing at Mill Creek. 4. Divulgations de conflits d'interets La conseillere Higgins declare etre en conflit d'interets avec le point 5.9 Gestion de la conception et de la construction relativement a I'ecoulement des eaux pluviales du chemin Lorneville au ruisseau Mill. 9. Public Hearings 7:00 P.M. 9.1(a) Request to Cancel Public Hearing for 1925 Bayside Drive 9.1(b) Proposed Zoning By -Law Amendment 1925 Bayside Drive On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as requested by the applicant Genivar Inc. (on behalf of Barsa Ventures Ltd), Common Council cancel the January 31, 2011 public hearing for the rezoning application for 1925 Bayside Drive. Question being taken, the motion was carried. 7 96 -44 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 2011/LE 31 JANVIER 2011 9. Audiences publiques a 19 h 9.1a) Demande visant a annuler I'audience publique relativement au 1925, promenade Bayside 9.1b) Projet de modification de I'Arrete de zonage visant le 1925, promenade Bayside Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLLI qu'a la demande du requerant Genivar Inc. (au nom de Barsa Ventures Ltd.), le conseil communal annule I'audience publique du 31 janvier 2011 concernant la demande de rezonage visant le 1925, promenade Bayside. A I'issue du vote, la proposition est adoptee. 9.2(a) Proposed Section 39 Amendment 515 -519 Westmorland Road (McAllister Place) 9.2(b) Planning Advisory Committee Recommendation The Common Clerk advised that the necessary advertising was completed with regard to the proposed Section 39 Amendment amending the Section 39 conditions imposed on the December 7, 1987 rezoning of the property located at 515 -519 Westmorland Road (McAllister Place), also identified as PID number 00285932, to permit an approximately 5900 - square -metre expansion of the shopping centre. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staffs report considered at its January 18, 2011 meeting at which the Committee recommended the amendment of the existing Section 39 conditions described above. The Mayor called for members of the public to speak against the proposed amendment with no one presenting. The Mayor called for members of the public to speak in favour of the proposed amendment with Richard Anderson, speaking on behalf of the applicant, stating that he is in support of the proposed amendments. Responding to a question, Mr. Forrest stated that the terms and conditions of the Section 39 agreement require that either a right turn lane be constructed prior to a building permit being issued, or that the applicant provide a security which covers the cost of the turn lane. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Common Council amend the Section 39 conditions imposed on the December 7, 1987 rezoning of the property located at 515 -519 Westmorland Road (McAllister Place), also identified as PID number 00285932 as follows: a) Paragraph 1 is deleted and replaced with the following: 1. The Specific Proposal of the Developer includes an expansion of the McAllister Place Shopping Mall from its present (January 18, 2011) floor area of approximately 51,702 square metres (556,521 square feet) to a maximum floor area of approximately 57,536 square metres (619,315 square feet), together with parking facilities for approximately 2630 vehicles. These floor areas are the total building floor area and not Gross Leasable Area. b) Paragraph 3.(A) (i) is deleted and replaced with the following: 3.(A) (i) Design and construct at its own expense, a separate right turn lane on the Consumers Drive (westbound approach) at the intersection with Westmorland Road, or provide security in the form and amount acceptable to the City to cover the design and construction costs, prior to the issuance of any building permits for the proposed expansion. Should the developer choose to provide the security, construction of the right turn lane must be completed by December 31, 2011. 96 -45 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 2011/LE 31 JANVIER 2011 c) Paragraph 9 is deleted and replaced with the following: 9. The Developer expressly agrees and understands that notwithstanding any provision of the City's Building By -Laws or any statutory, by -law or regulatory provision to the contrary, the Building Inspector shall not issue a building permit to the Developer for work directly connected with the expansion of the shopping centre structure, nor shall the Developer be entitled to such a permit unless and until: (A) The developer provides an engineering water and sewer analysis determining the impact of the development on the existing infrastructure, and a detailed engineering servicing plan for the approval of the Chief City Engineer or his designate; (B) The developer provides adequate site drainage facilities in accordance with a detailed drainage plan / report, prepared by the developer and subject to the approval of the Chief City Engineer or his designate. This report must also determine the impact this development will have on the existing storm sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing storm system; (C) The Developer provide a detailed site and building elevation plans, subject to the approval of the Development Officer for the proposed expansions indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas (including location and types of planting materials) and other site features; (D) The Developer provide a landscaping plan subject to the approval of the Development Officer showing plantings along the Consumers Drive frontage between the two existing entrances on Consumers Drive; and (E) That the approved plans mentioned in conditions (A) through (D) above must be attached to the application for the building permit for the development, except that such plans are not required for permit applications for site preparation and /or foundation only; and that the work shown on these approved plans must be completed within one year of the issuance of the building permit for the first component of the proposed expansion. (F) That the developer prepare a plan showing proposed circulation improvements in the portion of the site adjacent to Westmorland Road between the signalized entrance and Sobeys, between the northern McAllister Drive Entrance and the internal intersection at the northeast corner of Zellers, and within the parking area between Zellers and Sears and that this plan be subject to the approval of the Development Officer and the Chief City Engineer or his designate. Preparation of the plan and completion of the work shown on it must be completed prior to issuance of a building permit beyond the first 2325 square metres (25,000 square feet) of the proposed expansion. Question being taken, the motion was carried. 9.2a) Projet de modification des conditions imposees par I'article 39 visant les 515 -519, chemin Westmorland (centre commercial McAllister Place) 9.2b) Recommandation du Comite consultatif d'urbanisme La greffiere communale indique que les avis requis ont ete publies relativement au projet de modification en vertu de I'article 39, modifiant les conditions imposees, le 7 decembre 1987 relativement au rezonage de la propriete situee aux 515 -519, chemin Westmorland (centre commercial McAllister Place), etant une portion du NID 00285932, pour permettre I'ag rand issement du centre commercial d'environ 5 900 metres carres. On procede egalement a 1'examen d'un rapport du Comite consultatif d'urbanisme, accompagne d'un exemplaire du rapport du personnel d'urbanisme, etudie lors de la seance du 18 janvier 2011, pendant Iaquelle le Comite a recommande la modification des conditions actuelles susmentionnees en vertu de I'article 39. Le maire invite le public a exprimer son opposition quant a la modification proposee, mais personne ne prend la parole. 9 96 -46 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 2011/LE 31 JANVIER 2011 Le maire invite les membres du public a exprimer leur appui au projet de modification. Richard Anderson, au nom du requerant, indique qu'il appuie le projet de modifications. En reponse a une question, M. Forrest indique que les conditions de 1'entente relative a I'article 39 exigent qu'une voie de tourne -a- droite soit construite avant qu'un permis de construction soit emis ou qu'une garantie permettant de couvrir les frais relatifs a la construction de la voie de tourne -a- droite soit fournie par le requerant. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLLI que le conseil communal procede a la modification des conditions imposees par I'article 39 le 7 decembre 1987, relativement au rezonage de la propriete situee aux 515 -519, chemin Westmorland (centre commercial McAllister Place) et portant le NID 00285932, comme suit: a) Le paragraphe 1 est supprime et remplace par le libelle suivant : 1. La proposition precise du promoteur comprend un agrandissement du centre commercial McAllister Place dont I'aire de plancher actuelle (18 janvier 2011) d'environ 51 702 metres carres (556 521 pieds carres) passera a environ 57 536 metres carres (619 315 pieds carres) et comprendra des pares de stationnement pouvant accueillir environ 2 630 vehicules. Ces aires de plancher representent I'aire de plancher du batiment totale et non 1'espace brut de location. b) Le paragraphe 3 (A)(i) est supprime et remplace par le libelle suivant : 3.(A) (i) Concevoir et construire a ses frais une voie de tourne -a- droite sur la promenade Consumers (en direction ouest), a ('intersection avec le chemin Westmorland, ou fournir une garantie, pourvu que la forme et le montant soient juges acceptables pour la Ville, afin de couvrir les frais de conception et de construction avant I'emission de permis de construction pour le projet d'ag rand issement. Si le promoteur choisit de fournir la garantie, les travaux de construction relatifs a la voie de tourne -a- droite devront etre termines avant le 31 decembre 2011. c) Le paragraphe 9 est supprime et remplace par le libelle suivant : 9. Le promoteur convient et comprend expressement que nonobstant toute disposition prevue aux arretes de construction de la Ville ou toute disposition legislative ou reglementaire s'y opposant, I'inspecteur des constructions ne doit pas delivrer un permis de construction au promoteur pour le travail directement lie a I'ag rand issement de la structure du centre commercial et le promoteur ne doit pas se voir attribuer un tel permis a moins et jusqu'a ce : (A) que le promoteur fournisse une analyse technique du reseau d'aqueduc et d'egouts permettant de determiner ('incidence de cet amenagement sur ('infrastructure existante, ainsi qu'un plan detaille des services d'ingenierie soumis a I'approbation de I'ingenieur municipal en chef ou de son representant; (B) que le promoteur assure des installations de drainage adequates conformement a un plan /rapport de drainage detaille prepare par le promoteur et sujet a I'approbation de l'ingenieur municipal en chef ou de son remplagant. Ce rapport doit permettre egalement de determiner ('incidence que cet amenagement aura sur ('infrastructure existante du reseau d'aqueduc et d'egouts et de veiller a ce que cette proposition ne depasse pas la capacite actuelle du systeme d'egouts pluviaux existant; (C) que le promoteur fournisse des plans de situation et d'elevation detailles, sujets a I'approbation de I'agent d'amenagement, relativement aux projets d'ag rand issement, et indiquant 1'emplacement de tous les batiments, les aires de stationnement, les voies d'acces, les aires de chargement, les affiches, 1'eclairage exterieur, les materiaux exterieurs des batiments et la finition, les espaces paysagers (y compris 1'emplacement et le genre de plantation), et les autres caracteristiques de 1'emplacement; (D) que le promoteur fournisse un plan d'amenagement paysager sujet a I'approbation de I'agent d'amenagement et montrant les plantations en bordure de la promenade Consumers, entre les deux entrees existantes sur la promenade Consumers; 10 96 -47 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 2011/LE 31 JANVIER 2011 (E) que les plans approuves mentionnes aux conditions (A) a (D) ci- dessus accompagnent la demande de permis de construction relativement a I'amenagement, a 1'exception des demandes de permis qui ne visent que les travaux de preparation du terrain et de la fondation, et que les travaux indiques sur les plans approuves soient acheves dans un delai d'un an a compter de la date de delivrance du permis de construction relativement au premier element du projet d'ag rand issement; (F) que le promoteur prepare un plan montrant les ameliorations proposees relativement a la circulation dans la portion du site adjacente au chemin Westmorland, entre 1'entree signalisee et Sobeys, entre 1'entree nord de la promenade McAllister et ('intersection interne, a I'angle nord -est de Zellers, et dans I'aire de stationnement, entre Zellers et Sears et que ce plan soit assujetti a I'approbation de I'agent d'amenagement et de l'ingenieur municipal en chef ou de son remplagant. La preparation de ce plan et I'achevement des travaux qui y sont indiques doivent titre termines avant la delivrance d'un permis de construction relatif aux premiers 2 325 metres carres (25 000 pieds carres) du projet d'ag rand issement. A I'issue du vote, la proposition est adoptee. 5. Consent Agenda 5.1 Refer to item 14.1. 5.2 That the letter dated January 24, 2011 from Portage Atlantic regarding the Portage Atlantic Recovery Trail Project be referred to the Mayor. 5.3 That the letter from the Planning Advisory Committee regarding the election of the 2011 PAC Executive be received for information. 5.4 That the N. Degrassi letter regarding the Snow Ban alert system as it relates to the Snow Ban declared on January 23, 2011 be referred to the City Solicitor. 5.5 Refer to item 14.2. 5.6 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. 5.7 That as recommended by the City Manager in the submitted report M &C 2011- 18: Proposed Public Hearing Date, Common Council schedule the public hearings for the rezoning applications of Gordon Hewitt (78 Orange Street) and Columbian Charities Council 6595 (2004) Inc. (1147 Loch Lomond Road) for Monday, February 28, 2011 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. 5.8 Refer to item 14.3. 5.9 Refer to item 14.4. 5.10 That as recommended by the City Manager in the submitted report M &C 2011- 16: Amended Canada — New Brunswick Infrastructure Stimulus Fund Agreement & Extension Request, Common Council accept the terms and conditions of Amendment #1: Canada - New Brunswick Infrastructure Stimulus Fund Agreement ( "Agreement ") relating to the Safe Clean Drinking Water and Asphalt Pavement Projects and authorize the Mayor and Common Clerk to execute appropriate documentation in that regard and further that Common Council resolves that: WHEREAS the federal and provincial governments will make a one -time extension of the deadline for funding of projects under the Infrastructure Stimulus Fund and the Building Canada Fund — Communities Top -Up from March 31, 2011 to October 31, 2011; AND WHEREAS all funding from the Government of Canada and the Province will cease after October 31, 2011; 11 96 -48 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 2011 /LE 31 JANVIER 2011 AND WHEREAS The City of Saint John has asked the provincial government for an extension to Federal and Provincial funding to October 31, 2011 for the following projects: Project number Protect Title Total Eligible Cost Federal Contribution 9270.005 East Phinney Hill $6,200,000 $2,066,667 Transmission Mains THEREFORE BE IT RESOLVED THAT The City of Saint John attests that it will continue to contribute its share of the required funding for the aforementioned projects; AND BE IT FURTHER RESOLVED THAT actual claims for all eligible costs incurred by March 31, 2011, for the aforementioned projects must be and will be submitted no later than April 30, 2011 to the Province; AND BE IT FURTHER RESOLVED THAT The City of Saint John will ensure that the project will be completed. 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 items 5.1 Brentwood Park Holdings Inc. - Traffic Situation; 5.5 Stop Up and Close Portions of Sandy Point Rd and Samuel Davis Dr, 5.8 Design and Construction Management One Mile Lift Station Sanitary Forcemain Renewal, 5.9 Design and Construction Management Lorneville Road Storm Drainage Crossing at Mill Creek, which have been identified for debate, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Voir le point 14.1. 5.2 Que la lettre de Portage Atlantique datee du 24 janvier 2011 et relative au projet du « sentier de r6cup6ration » de Portage Atlantique soit transmise au maire. 5.3 Que la lettre du Comite consultatif d'urbanisme concernant la nomination de 1'executif du CCU en 2011 soit accept6e a titre informatif. 5.4 Que la lettre de N. Degrassi au sujet du systeme d'alerte dans le cadre de ('interdiction de stationnement en hiver, annonc6e le 23 janvier 2011, soit transmise a I'avocat municipal. 5.5 Voir le point 14.2. 5.6 Que la lettre de R. McGrath dat6e du 26 janvier 2011 et concernant une presentation au conseil communal soit transmise a la greffiere communale afin qu'une date de presentation soit fix6e a la r6union du conseil le 14 fevrier 2011. 5.7 Que, comme le recommande le directeur general dans le rapport soumis intitul6 M/C 2011-18: Date proposee pour la tenue dune audience publique, le conseil communal fixe la date de I'audience publique relativement aux demandes de rezonage presentees par Gordon Hewitt (78, rue Orange) et Columbian Charities Council 6595 (2004) Inc. (1147, chemin Loch Lomond) au Iundi 28 f6vrier 2011 a 19 h, dans la salle du conseil et transmet Ies demandes au Comit6 consultatif d'urbanisme aux fins de rapport et de recommandations. 5.8 Voir le point 14.3. 5.9 Voir le point 14.4. 5.10 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011-16: Demande visant a modifier I'Entente Canada - Nouveau - Brunswick concernant le Fonds de stimulation de 1'infrastructure et sa prolongation, le conseil 12 96 -49 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 201VLE 31 JANVIER 2011 communal accepte les conditions de la modification no 1 : Entente Canada - Nouveau- Brunswick relative au Fonds de stimulation de ('infrastructure (« Entente ») concernant les projets sur la salubrite et proprete de 1'eau potable et le revetement asphaltique, qu'il autorise le maire et la greffiere communale a signer la documentation exigee a cet egard et, en outre, que le conseil communal decide : ATTENDU que les gouvernements federal et provincial accorderont une prolongation unique de la date limite du financement de projets dans le cadre du Fonds de stimulation de l'infrastructure et du Fonds Chantiers Canada, les collectivites augmenteront le montant de leurs fonds entre le 31 mars 2011 et le 31 octobre 2011; ET ATTENDU que tous les fonds du gouvernement du Canada et de la province cesseront d'etre verses apres le 31 octobre 2011; ET ATTENDU que The City of Saint John a demande au gouvernement provincial une prolongation de la date limite du financement federal et provincial pour la reporter au 31 octobre 2011 concernant les projets suivants : Numero de aroiet Titre du aroiet Cout total admissible Contribution federale 9270.005 East Phinney Hill 6 200 000 $ 2 066 667 $ Conduites maiiresses EN CONSEQUENCE, QU'IL SOIT RESOLU QUE The City of Saint John certifie qu'il continuera de verser sa part des fonds requis pour les projets susmentionnes; IL EST DE PLUS RESOLU QUE les reclamations actuelles pour des frais admissibles engages au plus tard le 31 mars 2011 concernant les projets susmentionnes soient presentees a la province avant le 30 avril 2011; IL EST DE PLUS RESOLU QUE The City of Saint John veille a I'achevement du projet. 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 ('exclusion des points 5.1 Brentwood Park Holdings Inc. — Situation relative a la circulation; 5.5 Fermeture et barrage de trongons du chemin Sandy Point et de la promenade Samuel Davis; 5.8 Gestion de la conception et de la construction relativement au renouvellement de la conduite de refoulement dun mille; 5.9 Gestion de la conception et de la construction relativement a 1'ecoulement des eaux pluviales du chemin Lorneville au ruisseau Mill, qui a ete selectionnee aux fins de deliberations, soit adoptee. A ('issue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that items 13.2 Enterprise Saint John: Proposed Economic Development Task Force and 13.3 Enterprise Saint John: Economic Development in Priority Neighbourhoods, be moved forward on the agenda. Question being taken, the motion was carried. 13 96 -50 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 2011/LE 31 JANVIER 2011 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que les points 13.2 Enterprise Saint John : Projet relatif a la constitution d'un groupe de travail et 13.3 Enterprise Saint John Developpement economique dans les quartiers prioritaires, soient avances dans I'ordre du jour. A Tissue du vote, la proposition est adoptee. 13.0 Committee of the Whole: Agreement of Purchase and Sale On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that that the City enter into the Agreement of Purchase and Sale, as submitted to the Committee at its meeting of January 24th, 2011, for the purchase from Her Majesty the Queen ( "Canada "), as represented by the Minister of Fisheries and Oceans, of lands identified as Lot 2008 -1 and Lot 2008 -2 shown on a Subdivision Plan filed in the Saint John County Registry Office as Number 29301794, and that the Mayor and Common Clerk be authorized to execute the submitted documentation in that regard. Question being taken, the motion was carried. 13.0 Comite plenier : Convention d'achat -vente Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la Ville conclue la convention d'achat - vente, telle qu'elle a ete presentee au comite lors de sa reunion du 24 janvier 2011, pour I'achat de sa Majesty la Reine (« Canada >)), representee par le ministre des Peches et Oceans, de terrains, a savoir le lot 2008 -1 et le lot 2008 -2, indiques sur un plan de lotissement depose au bureau de 1'enregistrement pour le comte de Saint John sous le numero 29301794, et que le maire et la greffiere communale soient autorises a signer la documentation presentee a cet egard. A Tissue du vote, la proposition est adoptee. 7. Proclamation 7.1 Heritage Week February 14 -21, 2011 and Heritage Day February 21, 2011 The Mayor proclaimed the week of February 14th — 21St 2011 as Heritage Week, and February 21St, 2011 as Heritage Day in the City of Saint John. 7.2 Heart Month February 2011 The Mayor proclaimed the month of February 2011 as Heart Month in the City of Saint John. 7. Proclamation 7.1 Semaine du patrimoine, du 14 au 21 fevrier 2011, et Fete du patrimoine le 21 fevrier 2011 Le maire declare la semaine du 14 au 21 fevrier 2011 comme Semaine du patrimoine et le 21 fevrier 2011 comme Fete du patrimoine dans The City of Saint John. 7.2 Le mois du coeur — Fevrier 2011 Le maire declare que le mois de fevrier 2011 est le mois du coeur dans The City of Saint John. 14 96 -51 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 201VLE 31 JANVIER 2011 8. Delegations /Presentations 8.1 Safer Communities and Neighbourhoods (S.C.A.N.) Investigation Unit Referring to a submitted presentation, Police Inspector B. Hanley provided information on the Safer Communities and Neighbourhoods Investigation Unit and he responded to questions from Council. 8. Delegations et presentations 8.1 Unite d'enquete sur la securite des communautes et des voisinages Faisant reference a une presentation anterieure, B. Hanley, inspecteur de police, fournit des renseignements concernant I'unite d'enquete sur la securite des communautes et des voisinages et repond aux questions du conseil. 13.2 Enterprise Saint John: Proposed Economic Development Task Force On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the letter from Enterprise Saint John entitled Proposed Economic Development Task Force be referred to the Nominating Committee; and further, that the chair of the Task Force be appointed by Council. Question being taken, the motion was carried with Councillor Higgins voting nay. 13.2 Enterprise Saint John : Projet relatif a la constitution d'un groupe de travail sur le developpement economique Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que la lettre soumise par Enterprise Saint John et intitulee Projet relatif a la constitution d'un groupe de travail sur le developpement economique soit transmise au Comite des candidatures et que le president du groupe de travail soit nomme par le conseil. A I'issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 13.3 Enterprise Saint John: Economic Development in Priority Neighbourhoods On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the Mayor be directed to send a letter of Thanks to Enterprise Saint John for submitting the report to Council entitled Economic Development in Priority Neighbourhoods, and further, that the report be received for information. Question being taken, the motion was carried. 13.3 Enterprise Saint John : Developpement economique dans les quartiers prioritaires Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que le maire soit charge d'envoyer une lettre de remerciement a Enterprise Saint John pour avoir presente au conseil le rapport intitule Developpement economique dans les quartiers prioritaires et que le rapport soit accepte a titre d'information. A I'issue du vote, la proposition est adoptee. 15 96 -52 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 2011/LE 31 JANVIER 2011 10. Consideration of By -laws 10.1(a) Proposed Municipal Plan Amendment Sandy Point Road 10.1(b)Letter of Support 10.1(c) Letters of Opposition Referring to a submitted report, the Common Clerk stated that a public presentation was made on December 20th, 2010 for a proposed amendment to the Municipal Development Plan on parcels of land on Sandy Point Road, noting that the required advertising was completed and that letters of opposition and a letter of support have been received. Ms. Gormley explained that Council may choose to refer the matter to the Planning Advisory Committee for a report and recommendation and schedule a public hearing, or it may adopt a resolution to deny the application. The City Solicitor stated the language in the Clerk's letter has been consistent for many years, adding that he could not recall an instance where Council chose not to proceed with the referral to the Planning Advisory Committee. He further advised that the language of the Community Planning Act is cumbersome and that it appears to have conflicting provisions with respect to the options that Council has available to it at this juncture. He suggested that Council refer the matter to him for a more thorough examination of the Act. On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that agenda item 10.1 Proposed Municipal Plan Amendment Sandy Point Road, be referred to the City Solicitor for a legal opinion. Question being taken, the motion was defeated with Deputy Mayor Chase, Councillors Higgins, Norton, Farren, Sullivan, and Snook voting nay. On motion of Councillor Farren Seconded by Deputy Mayor Chase RESOLVED that the proposed Municipal Plan By- Law Amendment regarding the Sandy Point Road area as outlined in the submitted letter from the Common Clerk dated January 31, 2011, be denied, and further that the submitted documentation be received for information. Councillors McGuire and Titus stated that the matter should be referred to the Planning Advisory Committee for a public hearing. Question being taken, the motion was carried with Councillors McGuire and Titus voting nay. On motion of Deputy Mayor Chase Seconded by Councillor Titus RESOLVED that the City Manager be directed to submit a report with respect to the cost for remediation of Harrington Lake. Question being taken, the motion was carried. 10. Etude des arretes municipaux 10.1a) Projet de modification du plan municipal — Chemin Sandy Point 10.1 b) Lettre a I'appui 10.1c) Lettres d'opposition Se reportant a un rapport soumis, la greffiere communale declare qu'une presentation publique a eu lieu le 20 decembre 2010 relativement au projet de modification du plan d'amenagement municipal sur les parcelles de terrains situees sur le chemin Sandy Point, en notant que la publication des avis requis a eu lieu et que des lettres d'opposition et une lettre d'appui ont ete reques. M"1e Gormley explique que le conseil peut choisir de transmettre la question au Comite consultatif d'urbanisme aux fins de rapport et de recommandations et de fixer la date d'une audience publique ou qu'il peut adopter une resolution pour rejeter la demande. 16 96 -53 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 201VLE 31 JANVIER 2011 L'avocat municipal declare que la terminologie employee dans la lettre de la greffiere est uniforme depuis de nombreuses annees et it ajoute qu'il ne se rappelle pas avoir assiste A une situation dans laquelle la greffibre aurait choisi de ne pas se referer au Comite consultatif d'urbanisme. De plus, it indique que les termes employes dans la Loi sur 1'urbanisme sont obscurs et que la Loi renferme des dispositions conflictuelles relativement aux options offertes au conseil a ce stade. II suggbre que le conseil lui soumette la question afin qu'il puisse mener un examen plus approfondi de la Loi. Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le point 10.1 Projet de modification du plan municipal visant le chemin Sandy Point soit transmis a I'avocat municipal en vue d'obtenir un avis juridique. A Tissue du vote, la proposition est rejetee. Le maire suppleant Chase ainsi que les conseillers Higgins, Norton, Farren, Sullivan et Snook votent contre la proposition. Proposition du conseiller Farren Appuyee par le maire suppleant Chase RESOLU que le projet de modification de 1'arrete sur le plan municipal visant la region du chemin Sandy Point tel qu'il est decrit dans la lettre soumise par la greffibre communale et datee du 31 janvier 2011, soit rejete et que la documentation presentee soit acceptee a titre informatif. Les conseillers McGuire et Titus declarent que la question devrait etre transmise au Comite consultatif d'urbanisme pour la tenue d'une audience publique. A Tissue du vote, la proposition est adoptee. Les conseillers McGuire et Titus votent contre la proposition. Proposition du maire suppleant Chase Appuyee par le conseiller Titus RESOLU que le directeur general soit charge de soumettre un rapport portant sur les couts lies a la restauration du lac Harrington. A Tissue du vote, la proposition est adoptee. 11. Submissions by Council Members 11.1 Bobby Hayes Day (Councillor Higgins) On motion of Councillor Higgins Seconded by Councillor Titus RESOLVED that the letter from Councillor Higgins regarding the establishment of Bobby Hayes Day be referred to the Mayor. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Journee Bobby Hayes (conseillere Higgins) Proposition de la conseillere Higgins Appuyee par le conseiller Titus RESOLU que la lettre de la conseillere Higgins concernant la creation de la Journee Bobby Hayes soit transmise au maire. A Tissue du vote, la proposition est adoptee. 17 96 -54 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 2011/LE 31 JANVIER 2011 11.2 External & Internal Communications Strategy for The City of Saint John (Councillor Snook) On motion of Councillor Snook Seconded by Deputy Mayor Chase RESOLVED that the City Manager be directed to present a brief report to Common Council highlighting the key components of the City's internal and external communications strategy, and further, that the report provide an update on the action being taken with regard to the various items outlined in Councillor Snook's letter entitled External & Internal Communications Strategy. Question being taken, the motion was carried with Councillor McGuire voting nay. 11.2 Strategies en matiere de communications internes et externes de The City of Saint John (conseiller Snook) Proposition du conseiller Snook Appuyee par le maire suppleant Chase RESOLU que le directeur general soit charge de presenter a la greffiere communale un court rapport soulignant les elements cles des strategies en matiere de communications internes et externes de la Ville et que le rapport permette de faire le point sur les mesures prises relativement aux differents points decrits dans la lettre du conseiller Snook et intitulee Strategies en matiere de communications internes et externes. A I'issue du vote, la proposition est adoptee. Le conseiller McGuire vote contre la proposition. 11.3 Legislative Power to Create City By -laws (Councillor Snook) On motion of Councillor Snook Seconded by Councillor Mott RESOLVED that the City Manager be directed to present a report to Council with regard to the action that our municipality could take to advocate for changes to the legislative process in the passing of civic laws and regulations. Question being taken, the motion was carried. 11.3 Pouvoir legislatif permettant d'elaborer des arretes municipaux (conseiller Snook) Proposition du conseiller Snook Appuyee par le conseiller Mott RESOLU que le directeur general soit charge de presenter au conseil un rapport concernant les mesures que notre municipality pourrait prendre pour defendre les modifications apportees au processus legislatif en matiere d'adoption d'arretes et de reglements municipaux. A I'issue du vote, la proposition est adoptee. 11.4 Vacant and Derelict Buildings Legislation (Councillor Snook) On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that the submission from Councillor Snook entitled Vacant and Derelict Buildings Legislation be received for information. Question being taken, the motion was carried. in 96 -55 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 201VLE 31 JANVIER 2011 11.4 Arrete concernant les batiments vacants et abandonnes (conseiller Snook) Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que la presentation du conseiller Snook intitulee Arrete concernant les batiments vacants et abandonnes soit acceptee a titre informatif. A Tissue du vote, la proposition est adoptee. 11.5 Vacant and Derelict Building Legislation (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the submission from Councillor McGuire entitled Vacant/ Derelict Building Legislation — Correlating the Mandate of the Provincial Department of Local Government with the Needs of The City of Saint John, be received for information. Question being taken, the motion was carried. 11.5 Arrete concernant les batiments vacants et abandonnes (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que la presentation du conseiller McGuire intitulee Arrete concernant les batiments vacants et abandonnes — Mise en correlation du mandat du ministere provincial des Gouvernements locaux avec les besoins de The City of Saint John soit acceptee a titre informatif. A Tissue du vote, la proposition est adoptee. 11.6 The Development of an Integrated Neighbourhood Enhancement Initiative for Ocean West Way (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Farren RESOLVED that the City Manager be directed to examine neighbourhood enhancement ideas, and possible policy changes, for the Ocean West Way area, reporting back to Council at the appropriate time. Question being taken, the motion was carried. 11.6 Mise en place d'une initiative visant le developpement integre de quartier de la voie Ocean West (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Farren RESOLU que le directeur general soit charge d'examiner les idees en matiere de developpement de quartier et les modifications strategiques possibles visant le secteur de la voie Ocean West et qu'il presente un rapport au conseil en temps opportun. A Tissue du vote, la proposition est adoptee. 11.7 Vacant and Derelict Buildings and the Fire Prevention Act (Councillor Snook) On motion of Councillor Snook Seconded by Councillor Farren RESOLVED that Common Council request a brief written report with respect to the fire department's capacity to deal with dilapidated and derelict buildings under the provisions of the Fire Prevention Act. Question being taken, the motion was carried. 19 96 -56 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 2011/LE 31 JANVIER 2011 11.7 Batiments vacants et abandonnes et la Loi sur la prevention des incendies (conseiller Snook) Proposition du conseiller Snook Appuyee par le conseiller Farren RESOLU que le conseil communal exige un court rapport ecrit relativement a la capacite du service d'incendie a gerer les batiments delabres et abandonnes en vertu des dispositions de la Loi sur la prevention des incendies. A Tissue du vote, la proposition est adoptee. 11.8 Support for Analog TV Transmission (Councillor Sullivan) On motion of Councillor Sullivan Seconded by Councillor Snook RESOLVED that Common Council write to the CRTC against allowing the CBC to remove their analog transmission to the residents of Saint John. Question being taken, the motion was carried. 11.8 Appui a 1'egard de la diffusion televisuelle analogique (conseiller Sullivan) Proposition du conseiller Sullivan Appuyee par le conseiller Snook RESOLU que le conseil communal ecrive au CRTC pour exprimer son refus d'autoriser CBC a mettre un terme a sa diffusion analogique offerte aux residents de Saint John. A Tissue du vote, la proposition est adoptee. 12. Business Matters- Municipal Officers 12.1 City Solicitor: Overnight Winter Parking Restriction Amendment to Traffic By -Law (15t and 2nd Reading) On motion of Deputy Mayor Chase Seconded by Councillor Farren RESOLVED that the by -law entitled "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" amending Schedule H and Schedule R, be read a first time. Question being taken, the motion was carried with Councillors Higgins, Farren, McGuire and Titus voting nay. Read a first time by title, the by -law entitled "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 ". On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that the by -law entitled "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" amending Schedule H and Schedule R, be read a second time. Question being taken, the motion was carried with Councillors Higgins, Farren, McGuire and Titus voting nay. Read a second time by title, the by -law entitled "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 ". 20 96 -57 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 201VLE 31 JANVIER 2011 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Avocat municipal : Modification a I'arrete concernant la circulation dans le cadre des restrictions relatives au stationnement sur rue en hiver la nuit (premiere et deuxieme lectures) Proposition du maire suppleant Chase Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » modifiant I'annexe H et I'annexe R soit lu une premiere fois. A Tissue du vote, la proposition est adoptee. Les conseillers Higgins, Farren, McGuire et Titus votent contre la proposition. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant I'arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » modifiant I'annexe H et I'annexe R soit lu une deuxieme fois. A Tissue du vote, la proposition est adoptee. Les conseillers Higgins, Farren, McGuire et Titus votent contre la proposition. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». 12.2 City Solicitor: Loch Lomond Road Speed Limit Amendments to Traffic By- Law (1St and 2 "d Reading) On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that the by -law entitled "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" amending Schedule M -1 — 60 km /h Speed Limit, be read a first time. Question being taken, the motion was carried with Councillor Snook voting nay. Read a first time by title, the by -law entitled "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 ". On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that the by -law entitled "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" amending Schedule M -1 — 60 km /h Speed Limit, be read a second time. Question being taken, the motion was carried with Councillor Snook voting nay. Read a second time by title, the by -law entitled "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 ". 21 96 -58 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 2011/LE 31 JANVIER 2011 12.2 Avocat municipal : Modifications a I'arrete concernant la circulation dans le cadre de la limitation de vitesse sur le chemin Loch Lomond (premiere et deuxieme lectures) Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » modifiant I'annexe M -1 — Iimites de vitesse de 60 km /h, soit lu une premiere fois. A Tissue du vote, la proposition est adoptee. Le conseiller Snook vote contre la proposition. Premiere lecture par titre de 1'arrete intitule a Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant I'arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » modifiant I'annexe M -1 — Iimites de vitesse de 60 km /h, soit lu une deuxieme fois. A Tissue du vote, la proposition est adoptee. Le conseiller Snook vote contre la proposition. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». 12.3 City Solicitor: Traffic By -Law Amendment Duke Street West (15t and 2 "d Reading) On motion of Councillor McGuire Seconded by Councillor Mott RESOLVED that the by -law entitled "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" amending Schedule B — No Parking Anytime, and Schedule D — One Way Streets, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A Law to Amend A By -Law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto ". On motion of Councillor Snook Seconded by Councillor McGuire RESOLVED that the by -law entitled "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" amending Schedule B — No Parking Anytime, and Schedule D — One Way Streets, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A Law to Amend 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 ". 12.3 Avocat municipal : Modification de I'arrete concernant la circulation relativement a la rue Duke Ouest (premiere et deuxieme lectures) Proposition du conseiller McGuire Appuyee par le conseiller Mott RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » modifiant I'annexe B — Stationnement interdit et I'annexe D — Rues a sens unique, soit lu une premiere fois. 22 96 -59 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 201VLE 31 JANVIER 2011 A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur(1973) et modifications afferentes ». Proposition du conseiller Snook Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant 1'arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » modifiant I'annexe B — Stationnement interdit et I'annexe D — Rues a sens unique, soit lu une deuxibme fois. A Tissue du vote, la proposition est adoptee. Deuxibme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur(1973) et modifications afferentes ». 12.4 City Manager: Honeysuckle Drive — Relief Storm Sewer On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 -23: Contract 2010 -27: Honeysuckle Drive — Relief Storm Sewer, Contract 2010 -27: Honeysuckle Drive — Relief Storm Sewer be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $264,250.50 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.4 Directeur general : Egout pluvial de secours de la promenade Honeysuckle Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -23 : Contrat no 2010 -27 Egout pluvial de secours de la promenade Honeysuckle, contrat no 2010 -27 : relatif a 1'egout pluvial de secours de la promenade Honeysuckle, soit accorde au soumissionnaire moins - disant, Galbraith Construction Ltd., au prix offert de 264 250,50 $, etabli a partir de quantites estimatives, et que le maire et la greffibre communale soient autonses a signer les documents contractuels necessaires. A Tissue du vote, la proposition est adoptee. (Councillor Titus withdrew from the meeting) 12.5 City Manager: Kennebecasis Drive Culvert Replacement and Street Reconstruction On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 -20: Contract 2008 -40: Kennebecasis Drive — Culvert Replacement and Street Reconstruction, Contract 2008 -40: Kennebecasis Drive — Culvert Replacement and Street Reconstruction be awarded to the low tenderer, Debly Enterprises Limited at the tendered price of $508,602.77 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 23 96 -60 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 2011/LE 31 JANVIER 2011 (Le conseiller Titus quitte la seance.) 12.5 Directeur general : Remplacement des buses et travaux de refection sur la promenade Kennebecasis Proposition du maire suppleant Chase Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -20 : Contrat n° 2008 -40 Remplacement des buses et travaux de refection sur la promenade Kennebecasis, contrat n° 2008 -40 relatif au remplacement des buses et travaux de refection sur la promenade Kennebecasis, soit accorde au soumissionnaire le moins - disant, Debly Enterprises Limited, au prix offert de 508 602,77 $, etabli a partir de quantites estimatives, et que le maire et le greffier communal soient autorises a signer les documents contractuels necessaires. A Tissue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Taxation Review Committee: Status Update On motion of Councillor McGuire Seconded by Councillor Farren RESOLVED that the submission from the Taxation Review Committee entitled The City of Saint John — Taxation Review Committee — Status Update, be received for information. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Comite de revision de I'impot foncier : Etat d'avancement Proposition du conseiller McGuire Appuyee par le conseiller Farren RESOLU que la presentation du Comite de revision de I'impot foncier intitulee The City of Saint John — Comite de revision de 1'imp6t foncier : Etat d'avancement soit acceptee a titre informatif. A Tissue du vote, la proposition est adoptee. 13.4(a) Planning Advisory Committee: 425 Rothesay Avenue — Subdivision Application On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that Common Council assent to the submitted OSCO Properties Limited subdivision at 425 Rothesay Avenue, with respect to the vesting of an approximately 130 - square -metre (1,400 square foot) parcel of land for the widening of the Rothesay Avenue public street right -of -way, as well as to any required municipal services easements or public utility easements. Question being taken, the motion was carried. 13.4a) Comite consultatif d'urbanisme : Demande d'amenagement de lotissement au 425, avenue Rothesay Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que le conseil communal approuve le lotissement presente par OSCO Properties Limited situe au 425, avenue Rothesay, relativement a la devolution d'une parcelle de terrain d'environ 130 metres carres (1 400 pieds carres), aux fins d'ag rand issement du droit de passage sur ('avenue Rothesay, ainsi qu'a toute servitude de services municipaux ou de services d'utilite publique requise. A ('issue du vote, la proposition est adoptee. 24 96 -61 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 201VLE 31 JANVIER 2011 13.4(b)City Manager: Land Acquisition — 425 Rothesay Avenue On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that the Agreement of Purchase and Sale between the City and OSCO Properties Limited authorized by Common Council resolution adopted November 29, 2010 be amended so that the closing date shall be "on or before February 28, 2011" and in all other respects the said Agreement remains unchanged. Question being taken, the motion was carried. 13.4b) Directeur general : Acquisition du terrain situe au 425, avenue Rothesay Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que les changements soient apportes a la convention d'achat -vente entre la Ville et OSCO Properties Limited, autorisee par la resolution du conseil en date du 29 novembre 2010, de sorte que la date de cloture soit o fixee au plus tard le 28 fevrier 2011 >). Ladite convention demeure inchangee sous tous les autres rapports. A Tissue du vote, la proposition est adoptee. 13.5 Committee of the Whole: Thorne Avenue Lift Station On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that as recommended by the Committee of the Whole, Common Council authorize the engineering services agreement with Crandall Engineering Limited for the Thorne Avenue Lift Station #4, Sanitary Force Main and Sanitary Collector Sewer Project to be increased to $2,098,619.10 as outlined in the submitted report, and further, authorize staff to proceed with the tendering process for the project. Question being taken, the motion was carried. 13.5 Comite plenier : Station de relevement de I'avenue Thorne Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que, comme le recommande le comite plenier, le conseil autorise la convention relative aux services d'ingenierie conclue avec Crandall Engineering Limited, visant le projet d'installation d'une conduite de refoulement et d'un egout collecteur sanitaires a la station de relevement no 4 situee a I'avenue Thorne, pour faire passer le montant a 2 098 619,10 $, comme cela est decrit dans le rapport soumis et qu'il autorise le personnel a proceder au processus d'appel d'offres concernant ce projet. A Tissue du vote, la proposition est adoptee. 13.6 Committee of the Whole: Recommended Appointments to Committees On motion of Deputy Mayor Chase Seconded by Councillor Farren RESOLVED that as recommended by the Committee of the Whole, having met on January 31St, 2011, Council makes the following appointments to committees: Citizen's Advisory Committee for Municipal Plan: to appoint Heather Quinn from January 31St, 2011 until January 31St, 2014. Heritage Development Board: to appoint Stephen Gould and Alexander Pesold from January 31St, 2011 until January 31St, 2014. Imperial Theatre: to appoint Sarah Jones from January 31St, 2011 until January 31St 2014. 25 96 -62 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 2011/LE 31 JANVIER 2011 Saint John Development Corporation: To appoint Christine Fagan for a term from January 31St, 2011 until January 31St, 2014 and re- appoint Peter Asimakos and Brian Cunningham for a term from January 31St, 2011 until January 31St, 2014. Saint John Free Public Library: To appoint Joanne Masson for a term from January 31St, 2011 until January 31St, 2014. City of Saint John Non - Profit Housing Committee: To re- appoint Lisa Keenan and Robert Lockhart for a three year term from October 31St, 2009 until October 31St, 2012. Performance Management Committee: To appoint Councillor McGuire and Councillor Mott from January 31St, 2011 until the end of their terms on Common Council. Planning Advisory Committee: To re- appoint Michael Whelton for a term from January 1St, 2011 until January 1St, 2014. City of Saint John Environment Committee: To reappoint Christine Saumure for a term from January 31St, 2011 to January 31St, 2014 and refer to the City Manager for discussion regarding staff involvement on the committee. Destination Marketing Organization: To appoint Judith Brown for a term from January 31St, 2011 to January 31St, 2013. Saint John Substandard Properties Appeal Committee: To re- appoint Nadia McPhee, Cheryl Johnson and Maria Henheffer for a term from January 19th, 2011 until January 19th, 2014. Taxicab Advisory Committee: To appoint Councillor Farren from January 19th, 2011 until the end of his term on Common Council. Taxation Review Committee: To appoint Neal Leard, Monica Chaperlin, Lorene Johnson and Brian Stone from January 31St, 2011 to December 31St, 2011. Question being taken, the motion was carried. 13.6 Comite plenier : Recommandations denominations pour sieger aux comites Proposition du maire suppleant Chase Appuyee par le conseiller Farren r6solu que, comme le recommande le comit6 pl6nier, s'6tant r6uni le 31 janvier 2011, le conseil approuve les nominations suivantes pour sieger aux comit6s : Comite consultatif de citoyens sur le plan municipal : Nomination de Heather Quinn a compter du 31 janvier 2011 jusqu'au 31 janvier 2014. Conseil d'amenagement du patrimoine : Nomination de Stephen Gould et d'Alexander Pesold a compter du 31 janvier 2011 jusqu'au 31 janvier 2014. Theatre Imperial : Nomination de Sarah Jones a compter du 31 janvier 2011 jusqu'au 31 janvier 2014. Societe de developpement de Saint John : Nomination de Christine Fagan pour un mandat allant du 31 janvier 2011 au 31 janvier 2014 et renouvellement du mandat de Peter Asimakos et de Brian Cunningham pour un mandat allant du 31 janvier 2011 au 31 janvier 2014. Bibliotheque publique de Saint John : Nomination de Joanne Masson pour un mandat allant du 31 janvier 2011 jusqu'au 31 janvier 2014. Comite City of Saint John Non - Profit Housing : Renouvellement de la nomination de Lisa Keenan et de Robert Lockhart pour un mandat de trois ans allant du 31 octobre 2009 au 31 octobre 2012. Comite de gestion du rendement : Nomination des conseillers McGuire et Mott a compter du 31 janvier 2011 jusqu'a la fin de leur mandat au sein du conseil. 26 96 -63 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 201VLE 31 JANVIER 2011 Comite consultatif d'urbanisme : Renouvellement de la nomination de Michael Whelton pour un mandat allant du 1erjanvier 2011 jusqu'au 1erjanvier 2014. Comite sur 1'environnement de The City of Saint John : Renouvellement de la nomination de Christine Saumure pour un mandat allant du 31 janvier 2011 au 31 janvier 2014 et consultation du directeur general pour discuter de la participation du personnel au sein du comite. Organisation de marketing de destinations : Nomination de Judith Brown pour un mandat allant du 31 janvier 2011 au 31 janvier 2013. Comite d'appel sur les residences non conformes aux normes de Saint John Renouvellement des nominations de Nadia McPhee, Cheryl Johnson et Maria Henheffer pour un mandat allant du 19 janvier 2011 au 19 janvier 2014. Comite consultatif sur les taxis : Nomination du conseiller Farren, a compter du 19 janvier 2011 jusqu'a la fin de son mandat au sein du conseil. Comite de revision de I'impot foncier : Nomination de Neal Leard, Monica Chaperlin, Lorene Johnson et Brian Stone, a compter du 31 janvier 2011 au 31 decembre 2011. A Tissue du vote, la proposition est adoptee. 13.7 Committee of the Whole: Thorne Avenue Lift Station #4 Project — Easement Requirement On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that: 1) The City of Saint John (City) accept terms and conditions imposed by the Covenant Holder encumbering the lands designated PID number 55158042 (Lands) as set out in the Consent to Restricted Use letter dated December 20, 2010 and submitted to Common Council at its meeting of January 31, 2011; 2) The City acquire from 514014 N.B. Ltd, an easement for municipal services in and through the Lands for $60,000.00 (plus HST if applicable) upon the terms and conditions set out in the Agreement of Purchase and Sale document submitted to Common Council at its meeting of January 31, 2011; and 3) The Mayor and Common Clerk be authorized to sign all necessary documents. Question being taken, the motion was carried. 13.7 Comite plenier : Projet de la station de relevement n° 4 de I'avenue Thorne — Exigence de servitude Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que : 1) The City of Saint John (Ville) accepte les conditions imposees par le titulaire de conventions grevant les terrains designes par le NID 55158042 (terrains), comme cela est decrit dans la lettre d'approbation des conditions d'usage limitees, datee du 20 decembre 2010 et presentee au conseil lors de sa reunion du 31 janvier 2011; 2) la Ville fasse I'acquisition, pour la somme de 60 000 $ (TVH en sus, le cas echeant), d'une servitude pour services municipaux sur les terrains aupres de la societe 514014 N.B. Ltd, conformement aux conditions prevues dans la convention d'achat -vente soumise au Conseil Tors de sa reunion du 31 janvier 2011; 3) le maire et la greffiere communale soient autorises a signer les documents requis. A Tissue du vote, la proposition est adoptee. 27 96 -64 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 2011/LE 31 JANVIER 2011 14. Consideration of Issues Separated from Consent Agenda 14.1 Brentwood Park Holdings Inc. - Traffic Situation On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the letter dated January 10, 2011 from the Board of Directors of Brentwood Park Holdings Inc., regarding a potentially dangerous traffic situation on Brentwood Crescent be referred to the Chief City Engineer for a report and recommendation, and further, that the report also consider traffic calming measures for Woodward Avenue and Millidge Avenue. Question being taken, the motion was carried. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Brentwood Park Holdings Inc. — Situation relative a la circulation Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que la lettre datee du 10 janvier 2011 et redigee par le conseil d'administration de Brentwood Park Holdings Inc., concernant une situation relative a la circulation potentiellement dangereuse sur le croissant Brentwood, soit transmise a I'ingenieur municipal en chef aux fins de rapport et de recommandations, et que des mesures de ralentissement de la circulation pour les avenues Woodward et Millidge soient egalement examinees dans ce rapport. A I'issue du vote, la proposition est adoptee. 14.2 Stop Up and Close Portions of Sandy Point Rd and Samuel Davis Dr On motion of Councillor Higgins Seconded by Councillor Sullivan RESOLVED that Council cancel the proposed public hearing for the stopping up and closing of portions of Sandy Point Road and Samuel Davis Drive. Question being taken, the motion was carried. 14.2 Fermeture et barrage de trongons du chemin Sandy Point et de la promenade Samuel Davis Proposition de la conseillere Higgins Appuyee par le conseiller Sullivan RESOLU que le conseil annuler I'audience publique proposee portant sur la fermeture et le barrage de trongons du chemin Sandy Point et de la promenade Samuel Davis. A I'issue du vote, la proposition est adoptee. 14.3 Design and Construction Management One Mile Lift Station Sanitary Forcemain Renewal 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 -21: Design and Construction Management: One Mile Lift Station Sanitary Forcemain Renewal, the proposal from Crandall Engineering Limited for engineering services (design and construction management) for the One Mile Lift Station Sanitary Forcemain Renewal, be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Question being taken, the motion was carried. 96 -65 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 201VLE 31 JANVIER 2011 14.3 Gestion de la conception et de la construction relativement au renouvellement de la conduite de refoulement d'un mille Proposition du maire suppleant Chase Appuyee par le conseiller Sullivan RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -21 : Gestion de la conception et de la construction relativement au renouvellement de la conduite de refoulement d'un mille, la proposition presentee par Crandall Engineering Limited relative aux services d'ingenierie (gestion de la conception et de la construction) visant le renouvellement de la conduite de refoulement d'un mille, soit acceptee et que le maire et la greffiere communale soient autorises a signer la documentation exigee a cet egard. A I'issue du vote, la proposition est adoptee. (Councillor Higgins withdrew from the meeting) 14.4 Design and Construction Management Lorneville Road Storm Drainage Crossing at Mill Creek 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 -22: Design and Construction Management: Lorneville Road Storm Drainage Crossing at Mill Creek, the proposal from GENIVAR Inc. for engineering services (design and construction management) for the Lorneville Road Storm Drainage Crossing at Mill Creek, be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Question being taken, the motion was carried. (Councillor Higgins re- entered the meeting) (La conseillere Higgins quitte la seance.) 14.4 Gestion de la conception et de la construction relativement a I'ecoulement des eaux pluviales du chemin Lorneville au ruisseau Mill Proposition du maire suppleant Chase Appuyee par le conseiller Sullivan RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -22 : Gestion de la conception et de la construction relativement a 1'ecoulement des eaux pluviales du chemin Lorneville au ruisseau Mill, la proposition presentee par GENIVAR Inc. relative aux services d'ingenierie (gestion de la conception et de la construction) visant 1'ecoulement des eaux pluviales du chemin Lorneville au ruisseau Mill, soit acceptee et que le maire et la greffiere communale soient autorises a signer la documentation exigee a cet egard. A I'issue du vote, la proposition est adoptee. (La conseillere Higgins se joint de nouveau a la reunion.) 15. General Correspondence 15.1 Vincent Letter: Request to Present in Committee of the Whole Session On motion of Deputy Mayor Chase Seconded by Councillor Farren RESOLVED that the letter from Mr. Vincent dated January 7, 2011, requesting a meeting with the Committee of the Whole in closed session, be referred to the City Manager for a report. Question being taken, the motion was carried with Councillor McGuire voting nay. 29 96 -66 COMMON COUNCIL /CONSEIL COMMUNAL JANUARY 31, 2011/LE 31 JANVIER 2011 15. Correspondance generale 15.1 Lettre de Vincent : Demande en vue de faire une presentation devant le comite plenier Proposition du maire suppleant Chase Appuyee par le conseiller Farren RESOLLI que la lettre de M. Vincent, datee du 7 janvier 2011 et demandant la tenue d'une reunion en seance privee avec le comite plenier, soit transmise au directeur general en vue de la preparation d'un rapport. A Tissue du vote, la proposition est adoptee. Le conseiller McGuire vote contre la proposition. 16. Adjournment The Mayor declared the meeting adjourned at 9:45 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 21 h 45. Mayor / maire Common Clerk / greffiere communale 30 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. 31 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, 32 M &C2011 -28 February 14, 2011 Page 3. 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. 33 M &C2011 -28 February 14, 2011 Page 4. 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; 34 M &C2011 -28 February 14, 2011 Page 5. 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. 35 M &C2011 -28 February 14, 2011 Page 6. 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. 36 M &C2011 -28 February 14, 2011 Page 7. 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. 37 M &C2011 -28 February 14, 2011 Page 8. 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 W "phn wd o N. �0 k ater Vove The Eastern Wastewater Treatment Facility (EWWTF) under construction in August 2010. 2010 Annual Wastewater Report February 2011 P 8ti �s '^ 2010 Annual Wastewater Report 1 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): .N P 8ti �s '^ 2010 Annual Wastewater Report • 5 -1313, Lancaster Wastewater Treatment Plant • 5 -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 N 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 41 P 8ti �s '^ 2010 Annual Wastewater Report 3 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 Operators) and indicating the certification level of each Operators). 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. 42 �� If 2010 Annual Wastewater Report 4 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 litres 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 43 P 8ti �s '^ 2010 Annual Wastewater Report 5 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. Millid,2�eville 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. .. P 8ti �s '^ 2010 Annual Wastewater Report on 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 1St 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 BODS. 45 P 8ti �s '^ 2010 Annual Wastewater Report OPERATIONAL HIGHLIGHTS Wastewater Pumping 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 W P 8ti �s '^ 2010 Annual Wastewater Report N. 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. 47 P 8ti �s '^ 2010 Annual Wastewater Report 9 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. P 8ti �s '^ 2010 Annual Wastewater Report 10 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. P 8ti �s '^ 2010 Annual Wastewater Report Three lift stations were built in 2010: 11 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. 50 P 8ti �s '^ 2010 Annual Wastewater Report 12 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 1 Class II Class III Class IV Millidgeville 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. 51 P '^ 2010 Annual Wastewater Report 13 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, 52 P '^ 2010 Annual Wastewater Report 14 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 Extinguisher — 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. 53 P 8ti �s '^ 2010 Annual Wastewater Report 15 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 SafeU - 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 SafeU 1 — 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 SafeU 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 Managyement - 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. 54 P 8ti �s '^ 2010 Annual Wastewater Report 16 Tag 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 Salty - 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. 55 P 8ti �s '^ 2010 Annual Wastewater Report 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 U U U U NAME U U U U U U U Randy Benson ' Darren Boudreau ' Rodrigue Comeau ' Jeremy Fader ' Richard Graves ' Mark McKenzie ' John Perry ' Sean Seaward ' Water Distribution, Water Treatment, Wastewater Collection, 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. 56 P 8ti �s '^ 2010 Annual Wastewater Report 18 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 Operators) 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. 57 P 8ti �s '^ 20J 0 Annual Wastewater Report 19 WASTEWATER COLLECTION Operator Name Operator Certification Level System Classification Clyde Carpenter Wastewater Collection Class II Class I (for WWC) Brian Keenan, P. Eng. (Water Distribution Class II) Engineering Manager, Municipal Frederick McGrath Wastewater Collection Class II 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) RN P 8ti �s '^ 2010 Annual Wastewater Report 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. 59 P 8ti �s '^ 2010 Annual Wastewater Report 21 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. W 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 61 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 62 Harbourfront Residences at Three Sisters Public Plaza 63 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 63 SCOPEOF WORK ............................................................................................................ 2 2.r PROFESSIONAL SERVICES REQUIRED: 3.0 TECHNICAL PROPOSAL .. FINANCIAL PR• -• - 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 65 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 67 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. 70 /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 71 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 72 /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 73 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 74 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 75 Harbourfront Residences at Three Sisters Public Plaza City of Saint John r-lyma, 4014MOVIV-13 Insurance Certificate 13 76 Glenn Group Ltd. Proposal 11 p03.R1 '11 -01 -11 14;59 FROM= Huestis Commercial 5064598940 T -574 p0001 /0001 F -692 BRlT14l:R Imestili Capital Commercial Ins Frredericton Branoh 3R3 grunswick Street 2nd Floor, 1H3 Frederi0ton, NB VB BROKE" CLIENT to! GLENN -1 INSURMYS FULL NAME ANP MAILING ADDRESS Glenn Group Trio- P.9. Brix 629 Fredericton, NS RIB 5A6 � 6x�tLMG Tills is to cap iy Bwt U a pofcias of insutanee Ested below have i Een ias ad io me mewed named abnve for,Iho i canHact mother dop�m6nt(9ith1'.dsF�etAlo vkh this ce,tit+wte maY tra rued ai raaYperlaln.. The insuraaco sn conditions of aod, Pot oils: L1Pd9fiS St {OVYN MAY HAV TYpEOFINSUtTANCE G/ POLIGYNUNBER; FOGICYE t}AT5('r GUMMaRciALGaNeRAL LIAMU ry OLAIMSMAdi= ORE] O.^„ CURRE'NCE ARAB -`Ytl A?a?I�mnP+.tiTfPOatansfaw6 :. EMPLOYERS'$ LIABILITY CROSS LIABILITY TENANT'S LEGAL LIABILITY NONZWP16 it HIRED POLLUTION LIABILITY EXTENSION AUTORIOBILE UAINUTY DESCRIBED AUTOMOfiILES ALLOWNEDAUTOs LEASED AUTOMOBILES UMBRELLA FORM OTHERTHAN UMGFWL A FORM .00 rH$R LIABILITY ($,PECI Prof+3aaxcnZ Liabi A D PX943977V7 X06 459 8940 ,_ Illa s a .R tl ()P Tn SR. i, notsvithskwinoany requirement, term or condition of any ii,wized Wain r aub*tto,M10atsrma, exclusions and IFD BY PAID CLAIMS, 10/09/01 1 11/09/01 LIMITS OF LIABILITY k. t jP. l ' ? i I.3 ig - GATE (T�'JMM$'iD} {:AOw OCCt,RfiENCE $ , .:� R5 , „ � This certificate is issued as a Irtatt i, of information only and confers no rights upon the certificate holder. This certificate ddes'rtotamend, extend or a] the Coverage afforded by the policle$ below. 9 �coMPANIES AFFORDING COVERAGE OOMPANY XL Design kr©feosional, :. A (ParOoas�+�caT OUMPANY (Aglgaga(a} $� NX GE COMPANY LY U $ ((P5f,owso COMPANY Boo ILY :INJURY D (par awidani) Tills is to cap iy Bwt U a pofcias of insutanee Ested below have i Een ias ad io me mewed named abnve for,Iho i canHact mother dop�m6nt(9ith1'.dsF�etAlo vkh this ce,tit+wte maY tra rued ai raaYperlaln.. The insuraaco sn conditions of aod, Pot oils: L1Pd9fiS St {OVYN MAY HAV TYpEOFINSUtTANCE G/ POLIGYNUNBER; FOGICYE t}AT5('r GUMMaRciALGaNeRAL LIAMU ry OLAIMSMAdi= ORE] O.^„ CURRE'NCE ARAB -`Ytl A?a?I�mnP+.tiTfPOatansfaw6 :. EMPLOYERS'$ LIABILITY CROSS LIABILITY TENANT'S LEGAL LIABILITY NONZWP16 it HIRED POLLUTION LIABILITY EXTENSION AUTORIOBILE UAINUTY DESCRIBED AUTOMOfiILES ALLOWNEDAUTOs LEASED AUTOMOBILES UMBRELLA FORM OTHERTHAN UMGFWL A FORM .00 rH$R LIABILITY ($,PECI Prof+3aaxcnZ Liabi A D PX943977V7 X06 459 8940 ,_ Illa s a .R tl ()P Tn SR. i, notsvithskwinoany requirement, term or condition of any ii,wized Wain r aub*tto,M10atsrma, exclusions and IFD BY PAID CLAIMS, 10/09/01 1 11/09/01 LIMITS OF LIABILITY (Canadian dollaro vntasafhdlwtaa etKWW!46) {:AOw OCCt,RfiENCE $ G�ERALAGGREGATE $ 1 PRoDucTS- compioPAW $ —..... pERSONALiNJURY $ __ TEt Nn LEGAL LIABILITY $ MEO EXP (Anyone Pe aon) 9 NONAWNEo AUTO $. LIABILITY ILTYE�MENSION $ . (ParOoas�+�caT (Aglgaga(a} $� NX GE 8 LY U $ ((P5f,owso Boo ILY :INJURY $ (par awidani) PROPERTY DAMAGE +� eAC40CCURPENCE $ AGGREGATE $ per claim 6�4Opoofl Aggregate 62000000 ON AUTOMOVILESISPECEAL ITEMS J^ elm It Should eoy of tI a above described policies be 'cancelled before the expiration date, thereof, the issuing' company will endeavor to map dgys 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 representatives. PRINT NAME INcLL oING Pow-nox HELP Stephanie $oaftell Broker• COMPANY PRTE Ijuesti's ( "apita.3. gommercial 1as 1/i11/11 1 ..zz tom: yl�' -y(��! LC •(Y ff'ay�•' {y(,,�F_t } y�it� �T'S 77 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. 0 -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; 79 .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 ME 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. 91 I w 0� cn 001 07 N oo -4 . � . m | � � V- ` ' — 243 PRINCE WILLIAM ST. JW 0 OD A i %BOOM Ll Mala am al"'ITIMM auaivaecaemaaeaa bmb w�. � mascarurvee���m v.a�.ia�w.ns W C-0 r� .a f M., 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. 91 John P/ 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 92 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» 93 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 91 �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. 97 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 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 99 Inc. 251 Wentworth Street Saint John, NB E2L OB7 (506) 632 -6807 February 11, 2011 To Mayor and Council, P.U.L.S.E. INC.- People United in the Lower South End, would like to congratulate Saint John Mayor and Council on the progress to date at Rainbow Park. The much anticipated splash pad/skating oval, has been installed and many people are already using the ice surface. We are looking forward to Phase Two of this project. It is a great asset to the South End and its residents. Special thanks to Councillor Donnie Snook for his continuing efforts to see this project to completion. With regards, /J Dawn Leblanc P.U.L.S.E. Inc. / Sec. 100 50+ Friendship Games c/o Seniors' Resource Centre Brunswich Square, Level 111 39 King Street, Saint John, NB E21. 4W3 February 16, 2011 Mayor Ivan Court and Members of Common Council City of Saint John P.O. Box 1971 Saint John, NB E21, 4L1 Dear Mayor Court and Council Members: Get outa your Join the Friendship Games Our Annual 50+ Friendship Games for this year are scheduled for June 5 -10, The Opening Ceremonies will be on June 5,12:30 p.m. at the New Hope Centre. An Awards Banquet will be at Exhibition Park on June 10, 5:30 P.m. These games are open to anyone over 50 in the Greater Saint John Area. They have been in operation since 1990. Games are held in various locations throughout the Greater Saint John Area. They are designed to make this age group more aware of the many recreation opportunities that are available to enhance a healthy and active lifestyle. Of equal importance is the socialization aspect whereby participants make new friends and enjoy meeting old ones in friendly competition. Over 20 events are available ranging from card games such as cribbage and auction 45s to ping pong, shuffleboard, and horseshoes and on to more active pursuits such as golf and swimming. We are expecting approximately300 competitors. For the last several years, the City of Saint John provided us with a grant of $1,000.00. It would be greatly appreciated if a similar donation could be made to us this year to assist in making these games a success. Thank you for considering our request. If you require further information, please contact me at 8' )2-5615. Sincerely, Davi Edmonds Chairman, 2011 50+ Friendship Games 101 Industrial Noise Pollution Jchn Potash Terminal 102 February 22, 2011 Anthony Shaw 140 Broad Street Saint John, NB E2L 1Y8 506.642 6904 OFFICIAL COMPLAINT #1 Re: Noise Pollution and disturbance created by Pot Ash Terminal Dear Mayor and Council, First, we would like to apologize for bringing this forward to the City of Saint John, we understand that there are greater issues facing the city. We tried resolving this on our own without any progress, there is no where else to turn. We the residents of South Peninsula are writing in regards to the constant noise emitted from the Pot Ash terminal in the city south end. The noise generated by this establishment has been increased and becoming worse by the day. This is 24 hours a day, 7 days a week problem. POTASH CORP SASKATOON Profile, Vision & Goals http:// www. potashcorp .com /about/profile_vision_goals Communities Building strong communities is key to our sustainable growth. We emphasize programs and policies that contribute to local economic and social wellbeing, actively seeking ways to earn the trust of the people in areas where we do business. - By engaging with communities and enhancing their quality of life, we cultivate ongoing support and stability in the places where we operate. - Administer surveys to help us measure and understand perceptions of our presence, programs and practices (specifically in the areas of safety, environmental performance and community involvement) - Achieve no harm to people and no damage to the environment - Build strong relationships with and improve the socioeconomic well -being of our communities 103 A Meeting with the Potash Representative I personally made an appointment with Potash representative Mr. Jim Ackerman to discuss their community relationship policy. From the moment we began talking it was clearly a "Go away peasant attitude ". Comments made by Mr. Jim.Ackerman were: "So what it's a busy street, who cares ?" "Smirking and laughing at me" "What neighborhoods? There are no neighborhoods, we aren't bothering anybody" " What do you want us to do, shut the place down ?" "So what it's the South end ". I could not believe the comments that he was making. We tried the diplomatic approach, to my disgust of his attitude and comments, I left the meeting. "Perhaps the Potash Corp should revisit their Profile and Mission Statement" ? Shunting of Railroad Trains and Cars Shunting every time they move across the crossing and unloading cars 20OX plus a day Blaring their horns 5 &10 times throughout the night, x 3 lam, 3am, 7am, etc... Holding their horns down every time the train is moved The shrilling sound of brakes The roaring of engines. Transport Trucks When the potash terminal was constructed, it was not in the plan to become a trucking terminal? Did anybody consult with the residents to approve over 3000 -6000 trucks a month flow through their neighborhood? 7 days a week, 24 hours a day Approximately 1 truck every 7 minutes x 24 hours a day 205 transport trucks a day 1 6,150 a month? Noise Emitted: Steady stream of roaring trucks down crown street, 24 hours a day Banging across the railroad tracks Load pressure valves when unloading brine Constant backed up traffic at Causeway intersection Jaking on Crown Street Beep, beep, beep, beep The trucks are left idling when unloading, sometimes 2 & 3 at a time - Major destruction to roads 104 The Terminal Forklifts and front end loaders driving all over the yard, all hours of the day /night Heavy equipment noise The doors are kept open while the loader is dropping it's bucket, loud crashing noise. Ships A loud piercing steady high pitched sound for many hours heard all over. Banging and crashing All of the noise together at once = Unbearable Because the land is zoned for heavy construction, it does not give permission to disturb the area residents 24 hours a day, 7 days a week. Lastly, we will not stop until we notice a substantial improvement. Sincerely, Anthony Shaw and South End Residents Lower South End does NOT mean "Lower Standard of Living" ! 105 Possible Economical Solutions: Railway Trains - Install an armed crossing; They will not have to shunt at crossings any longer. - Install wireless bell in the unloading dock or use hand held radios to notify when cart is empty. - Limit their activity to daytime hours. Transport Trucks - Dump their waste at an alternative location - Limit their activity to daytime hours. - Stop using their jake brake The Terminal - Keep the large doors closed while using heavy equipment 1: HORST SAUERTEIG 88 Bedell Ave., Saint John, N.B., E2K 2C4, phone (506) 658 -1326, e -mail sauertwonnb.symvatico.ca February 15, 2011 To the Common Council of the City of Saint John Re.: Planning for and Response to Emergencies of the Emera Brunswick Pipeline in Saint John Your Worship and Councillors, I decided to copy you my letter to the departing Fire Chief Rob Simonds concerning the present situation with the Emera Brunswick Pipeline Co. (EBPC) which, I respectfully suggest, requires the attention of and action by Common Council. You will hear from the Chief and/or the EBPC that the National Energy Board (NEB) has declared that EBPC has fully complied with all Conditions attached to its Certificate GC- 110 for the operation and maintenance of their pipeline. However, I have challenged this NEB ruling and an internal review is presently being conducted.. As I explain in my letter, it is the responsibility of the EBPC (and not the NEB) to have a. realistic and legally permissible Emergency Response Plan (ERP) for emergencies in Saint John drawn up and tested for its feasibility in a worst -case situation as well as for small malfunctions at its surface installations. This is the law, and the residents of Saint John, many of whom objected the a pipeline being routed through our city, expect from Common Council to hold the EBPC to these responsibilities. As my list in my letter to the Chief demonstrates, we are a long way from having a fully tested ERP. I wrote to the Chief because it is my understanding that he is the contact person with the EBPC, that he is overall responsible for the response to any type of emergency in the city, and that the EMO manager works under his tutelage. I concentrated in my letter on the planning for a pipeline emergency, being fully cognisant that the situation is actually more complex; but this matter needs to be resolved, and the Chief in his remaining time with the City, I respectfully suggest, should concentrate on these sub - contracts. If Common Council, or some of its members, need further information on this subject, please feel free to contact me. Respectfully, k J'rVW M (H. Sauerteig) Attached: Copy of my letter to Fire Chief Simonds 107 HORST SAUERTEIG 88 Bedell Ave., Saint John, N.B., E2K 2C4, phone (506) 658 -1326, e-mail sauertwo(a),nb.symDatico.ca February 15, 2011 To the Saint John Fire Department Att.: Chief Rob Simonds Re.: Planning for and Response to Emergencies of the Emera Brunswick Pipeline in Saint John Dear Sir, I read in the paper that you are leaving Saint John for a similar job in Hamilton. I wish you the best in your new endeavour. Before you leave I respectfully suggest that you attend to some unresolved problems with Emera Brunswick Pipeline Co. (EBPC) Certificate GC -110 for the operation and maintenance of the gas pipeline which, as you know, is routed through our city. A recent explosion of a similar 30" natural gas pipeline in San Pedro, Calif., which caused many fatalities and severe burn cases as well as the loss of whole sections of the town, is an example that such a pipeline should not be routed through a city. You originally supported the request by 15,000 citizens who signed a petition that the pipeline should instead be routed under the Saint John Harbour and submitted a well researched brief to the Common Council of the day, outlining the dangers the citizens would face with the city route. Your study was placed on the record of the GH -1 -2006 Hearing in November 2006 in Saint John by the than Councillor Ivan Court, whereupon the EBPC invited you to Houston to get additional information about the pipeline. You came back as a defender of the EBPC in its location and operation of their pipeline. During meetings with me and other concerned citizens the Emergency Response Plan (ERP) of the EBPC (Condition 18) was discussed and you advised us that in reality in case of a pipeline emergency in Saint John you or your deputy would be site commander directing the local First Responders (FR), because the EBPC did not have the man -power and the equipment to respond. This is not what their ERP says, and furthermore, any arrangement you made with the EBPC about the preparedness for and the response to an emergency is verbal. If after your departure during an emergency questions about details of such an arrangement emerge, somebody has to call you in Hamilton and ask what you remember. And I predict that if a botched response to an emergency will end up in a court of law, your recollection of this arrangement and that of your counterpart at the EBPC will be quite different. This is why I had asked that such arrangements, which I call sub- contracts between the EBPC and the different Frs., be put in writing and attached to the ERP to establish the extent and the limit of each of the FR's responsibility. You as well as the EBPC refused any such written documentation. Now you are leaving, but it is not too late to ask the EBPC to draw up such sub - contracts, to be signed by all parties. m However, as I have told you before, there is the matter of Regulation 84 -7 under the NB EMO ACT subsection 2(2)(d) which degrees that the EMO, which is the collective name for all FRs, shall not plan for civil emergencies which are the responsibility of an agency of the Government of Canada. The EBPC is under the jurisdiction of the National Energy Board (NEB), an agency of the Government of Canada, and the above subsection applies. Consequently, as I read this as a layman, the above suggested sub - contracts are illegal provided the EBPC did not obtain a dispensation from the NB Legislature for their pipeline. When I told you about the subsection you said that you were instead governed by some Fire Code or Act. But we are not talking about fire fighting, we are talking about "preparedness ", about plans for alerting the public, about partaking in field exercises (and getting paid for it), about a realistic ERP which presently provides, in vague language, for the local Frs. to respond, maybe and maybe not, to an emergency in Saint John. It is about assuming what is the EBPC's responsibility. Where is the basis for this? The NEB's Onshore Pipeline Regulations 1999 (OPR -99), the April 24, 2002 letter instructing companies under the NEB's jurisdiction how to fully comply with the OPR -99, and the NEB Emergency Management Program of March 17, 2006 all stipulate that both the preparation for and the response to a pipeline emergency lay squarely with the company and not with "Local Authorities" or "FRs ". If the EBPC lacks man -power and equipment they have to sub - contract the preparedness and the response while ultimately being responsible for these operations. I could not convince you of this logic. Condition 21(a) of the EBPC's Certificate GC -110 requires the EBPC to conduct within 6 months of the start of operations an emergency response exercise with the objectives of testing 6 listed elements in order to demonstrate that the EBPC is fully prepared to respond to a worst -case scenario emergency. Such an exercise took place on June 11, 2009, and firefighters participated in it. But the whole company, or what such a group of firefighters with its equipment is called, remained stationary during the exercise. They did absolutely nothing. But this is not the only deviation from Condition 21(a). 1. There was no alerting of the public. I should add that the "Emergency Alert", which the EMO introduced in Saint John some time after the exercise, is not suitable for pipeline alerts because it only alerts "registered" citizens. It failed in the past to alert all citizens to a boil -order and did not notify all car - owners in the South End to move their cars in anticipation of a snow storm. It does not alert within minutes everybody living in or temporarily being in the endangered zone. 2. The public was not informed "by the local authorities" (as the EBPC would like to have it) or by the EBPC about the type of emergency, and how to react to it. 3. The public was not previously and not during the exercise informed when and under which circumstances to evacuate via which route to which place. 4. The EBPC employees, which miraculously were all at the site instead at their jobs along the 287 km pipelines, did not assume their leadership roles assigned to them in the ERP Field Emergency Response Team (FERT) Structure (urban) pg. 02/03. 5. Apparently the FERT commander did not arrive from Fredericton to direct the FERT, which shows that the management of an emergency from their Fredericton office, as provided for in the ERP, is not working and has to be changed. 2 109 6. The S J EMO Operations Centre at Leinster Street had not been activated. 7. It could not be verified if another Command Centre had been established, because if it existed, it was not marked. How were what exercise - operations directed? 8. No Plume Detection was exercised, and it is not clear in the ERP who would be responsible to conduct this operation. 9. No firefighters in protective clothing advanced with gas detectors toward the emergency site to establish safe areas and to search for casualties. 10. This was supposed to be a worst -case emergency scenario but the script did not provide for any explosion or even a single burning building or plant. Instead it seemed to be designed to report on paper only that the EBPC complied with the Condition 21(a), whereas they did not actually comply with all its 6 elements. 11. No Ambulance was called to attend to the two reported injuries or casualties. 12. The police did not simulate the blocking of all streets leading to the area. As the City's Fire Chief you had reports about or participated in the exercise and learned that it failed in the above points, and why it failed. I had informed you of the restriction in the EMO Act concerning the EMO participation and asked for a meeting on the subjects of the Alerting and the EMO Act, but neither you nor your EMO manager accepted. If you have any doubts that this exercise did not provide any assurance that the EBPC is prepared for any emergency, please remember that one month after the exercise some residents smelled gas and it took the EBPC five or six days before they notified the Fire - and Police Departments, and the residents who smelled the gas did not know what to do. I have heard you and the Mayor saying that this is the responsibility of the NEB. I do not agree. The NEB holds the companies under its jurisdiction responsible. We in Saint John have the FRs to keep us safe and, I understand, it is the Fire Chiefs duty to assure that for the protection of the SJ public the EBPC is fully prepared and able to assume their responsibility under the OPR -99 and the additional NEB directives. Only in case that the EBPC does not comply with the Chiefs demand should the NEB be asked that Certificate GC -110 be revoked or suspended as provided for in Article 56 of the NEB Act. The above exercise took place on June 11, 2009. In a letter to the NEB dated July 31, 2009 the EBPC admitted that not all elements of Condition 21(a) (see the above list) had been tested, and they admitted it again during the November 27, 2009 ADR meeting to the NEB facilitator and promised an improved repeat of the exercise one year later. They never did another exercise in Saint John, and to this day (20 months later) the EBPC has not been willing or able to demonstrate that they have a realistic ERP to respond to any pipeline emergency. Do not leave town without having this resolved. Your truly, Original Signed By H. SAUERTEIG (H. Sauerteig) 110 cc: Common Council 02/24/2011 10:52 506- 457 -4984 PNB TOURISM & PARKS B 7nNouveau MnSWICK C A N A D A February 23, 2011 His Worship, Ivan Court, Mayor Members of Common Council City of Saint John P.Q. Box 1971 Saint John, NB E21- 41-1 Subject: Rockwood Park His Worship Ivan Court, Mayor and Members of Common Council: PAGE 02/02 We would all agree that Rockwood Park is a great natural and heritage resource to the City of Saint John and the Province of New Brunswick. It has immense historical, natural and scientific value. As you are aware, many citizens are concerned about the long term conservation of this cultural landscape. It is important that adequate measures are taken to ensure this recreational and education asset maintains its value and continues to be available to meet the needs of future generations. I am very interested in beginning a dialogue with the City of Saint John regarding the long term conservation of Rockwood Park. Further, I am offering the assistance of the Heritage Branch, Department of Wellness, Culture and Sport to work with the City of Saint John to consider various avenues available through both provincial and municipal levels of government. In this regard, we would explore what conservation tools and approaches set out under the Heritage Conservation Act may be applicable to Rockwood Park and related conservation objectives. To initiate this process, I would ask that the appropriate City officials be identified for contact by Heritage Branch. I am available to discuss this further and look forward to your comments or suggestions. Sincerely, 1 J iL Trevor A. Holder Minister C. Bill Hicks, Acting Director, Heritage Branch John Nugent, City Solicitor, City of Saint John Ken Forrest, Commissioner of Planning and Development, City of Saint John Tnuri�m and Parks/Tourisme et Pars P,0, Rnx /C.R 6000 rredericton New Rrunswirk /NntwP.au- Brunswick E3B SH1 Canada 111 www,gob_ca REPORT TO COMMON COUNCIL M & C 2011 -36 February 25, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: STOP -UP AND CLOSE UNNAMED PUBLIC STREET IN GLEN FALLS BACKGROUND: City of Saim John The purpose for this street closure is to resolve an existing encroachment of a dwelling that is almost entirely, if not wholly contained within the street right -of- way. This encroachment pre -dates the City's amalgamation with the Parish of Simonds; therefore the specifics of how this occurred are unknown. The unnamed street right -of -way has never been developed and only exists on paper. The topography of this undeveloped right -of -way is quite hilly with rock outcrops. Municipal Operations have no concerns with closing this unnamed street and conveying it to one or more adjoining property owners. The owner whose dwelling sits over this right -of -way owns an adjoining property known as civic #42 Morgan Road. This property not only provides access to his residence but also contains an accessory building. The owner has approached staff to resolve the dwelling encroachment on the street right -of -way that would enable needed repairs /improvements to the dwelling. Real Estate Services has had discussions with the adjoining property owners and they wish to acquire their fair share of the "to be closed" street. Staff will provide a further report to Council for their consideration on this matter once the details of the land sales are concluded. The recommendation contained in this report will facilitate the process to initiate the street closure of the subject property. RECOMMENDATION: 1. That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 996 square metre ± portion of a public street known as Unnamed Public Street in Glen Falls, be set for Monday, March 28, 2011 at 7:00 p.m. in the Council Chamber, and 112 M & C — 2011 -36 - 2 - February 23, 2011 2. That Common Council authorize the publishing of a notice of the intention to consider passing of such By -law. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager CL /c 113 I ,Description of Plan: Unnamed street right -of -way for possible stop up and closure. N PID: N/A Address: Undeveloped Street Right-of- Way in Glen Falls area. Pan: N/A Date: February 23, 2011 114 NOTES - DIRECTIONS ARE N.B. GRID AZMNTHS DERIVED FROM THE N.U. GRID MONUMENTS TABULATED HEREON. -THE SCALE FACTOR USED WAS 1.000028. -THE DOCUMENT NUMBERS REFERRED TO ON IM PLAN ARE THOSE OF THE COUNTY REGISTRY OFFICE - ADJACENT OWNER INFORMATION OBTAINED FROM SNB RECORDS_ -ALL DISTANCES SIROWN ARE CALCULATED GM B►5iAtXCs_ - CERTIFICATION IS NOT MADE AS TO LEGAL RTII, WING 7HE DOMAIN OF A LAWYER, NOR TO THE ZOIMNG & SE1BACK BY -LAWS OR REGULATIONS,'B ING THE DOMAIN OF A DEVELOPMENT OFi10ER.. - CERTIFICATION IS NOT MADE AS TO COVENANTS SETT OUT IN THE DOCUMENTS) AND THE LOCATION OF ANY UNDEROROUNO SERVICES AND /OR FIXTURES. PERMANENT OR OTHERWISE - INITIAL FIELD SURVEY WAS COMPLFiED FEBRUARY 9, 2011. NOTES - LES DIRECTIONS SONY LES AZIMUTS GRILLE PROVEHANT DES REPERES D'ARPENTAGE DU N. -B. ET SORT PRGSW S CI- CON7RE - LE FACTEUR DTCHELLE. UTILISE ETA1T 1,6666TM. - LES NUMBERS DU DOCLrld 1T INODUES SW PE PLAN 90NT CEUX DU BUREAU D'UMCIS7REMENT OES ACICS BU C@k# F. - LES RENSEIGNEMENTS DES IMAM C@N11664S ONT El[ OBTrNUS DES DOSSIERS DE SNB. - TOUTES LES DISTANCES MONTREES SONT KS I916TANGES DE GRILLE CALCU.0ES. -LA CERTIFICATION NEST PAS DONNE WANT AU A'IRE OF PROPRIETE W RELEVE DU" AYOCAT, M QUANT AUX RECLSMENTS DE 20NAOE ET DE MARGE DE RECUL, QUI FaIVE NT. WUN AGM D'AMENAGEMENT. -LA CERTIFICATION NEST PAS OONNFE QUANT AUX CLAUSES RESTRICTIVES INDO)aS DAMS LE(S) DOC(AENTS) NI QUANT A L'EMPLACEMENT DE SERVICES ET/OU D'ACCESSOMiES FIXES, PERMANENTS OU AUTiNES. -LE 1.EVE SUR LE IERRNN INITIAL A Elf FAIT LE 9 F'E4RIER 2011, PURPOSE OF PLAN -TO ACCOMPANY A PROPOSED STREET CLOSING OF A PORTION OF UNNAMED PUBLIC STREET N GLEN FALLS. BUT DE PLAN -POUR ACCOIPAGNER LA FERMETURE PROPOSE£ DUNE PARTME DE LA RUE PUBUQUE SANS NOM DAMS GLEN FAILS. TOUS LES CALCULS LFFECIUFS ET TOUTES LES AORDCNIEES 1#4" EES AU'Pitt$ T PUN SONT 6/SES %A LE SYStbC BE PRO.ECTIQN STDR'DGRAPH011E DOUBLE DU RDUVEAU- B11M,SMIX. ET %R LtuFSmE NJD53 (MRS) REALISE PAR LE SYSTELE DE CONTROL.£ ACTF DE SOrACE WIIJW_W -W&L' MIq(. STATION 1 EASTING I NORTHING N.B. GRID COORDINATE VALUES COORDONNEES DU SYSTNE LOT 256 >tI /dal R MI I I, ilL >e ro/I� oouaT �QZ L-J J J LLJ (n ° V) J ~ O ,5 Q m a a O LY w Z��� E �'Z <p(p LOT 26, BLOCK 28 z�'V)L` rn J Ld O J D It LI_ Q O N 0 LL to zzm OWD JCL CC LNJ OZ=) EL -Of CF' OMN BELGIAN ROAD - ..A- '7�y b� LOT'S 27`x. 2�!!^i�l1M',. 29 AND 30, !Ilf,IAlY1r6B = STREET/RUE NOTE -15.24Q METER WOE UNNAMED STREET 1N GLEN FALLS LYING BETWEEN MORGAN ROAD AND BELGAIN ROAD AS SHOWN ON A PLAN ENATLED 'MM OF PART OF GLEN FALLS OWNED 13Y THE CXNROOK REALTY AND K %EL6lgaWT 00, LID' amm FmUMRY 4, MS AIM$ FUil IN ARf SAW JMN C&MtY II =MtY OFFICE ON YARdi 9, 1415 IN BRAVmR 1, A5 PLAN NMMYER 4 -RUE SANS NOM DE 13.240 MMES DE LAM" A GLEN FALLS, XP4 M WE LE pIMIQR MORCAN ET ALE 04EMMI W&GAIN COMME WWaNT11E 9UR LE KA N INi1TULE PLAN OF PART OF 004 FANS OMRNED BY THE C1kBBROW REALTY A110 DEVELMMIaNT CO. I;i6' SAW LE 9 FEVRIER. 1815 ET D*VW DINS LE BUREAU D"M M "IREMENT DU COM TE DE SAINT JOHN LE 9 MARS, 1913 DAMS LE TIROIR 1, COMME PLAN.NUMERO 2. SURVEY AREA DESCRIPTION STAI4OL LE OESCR1PTpN SYMBOLE SUIM1CY SYSBI LUBNOMIE rYe�R ou Grs�c A DBDABlfi /VRIKJOAra[ Deuvouva, NrasaeeFS Iw W� tl®aA� wfaK ® Fd Ir. �t rw�wc w.r .e o., � cew�a Diu Rene cAlele � TAeuAx� meLe,wF IveolrE ANbC a �.rt aLa.t A � Tar � snrnx rnuau -e�.o. M..Ina .ere AID L 9elort — — c w,a .art a me - ie -{f$ Ksc rG- l SURVEY PLAN / PLAN D'ARPENTAGE PORTION OF UNNAMED PUBLIC STREET IN GLEN FALLS / UNE PARTIE DE LA RUE PUBLIQUE SANS NOM DANS GLEN FALLS CHEMN MORGAN ROAD / CHEMIN BELGIN ROAD CITY OF/YILLE DE SAINT JOHN, COUNTY OF /cou TE DE SAINT JOHN, PRONNC£ OF NEW BRUNSWICK, PROVINCE DU NOUVEAU-BRUNSWICK �I,Lv 6 0 5 10 t5 w � 125U W Y fff EEr. ftyM ICE eAar A'!M, NFNfgxdWR GENIVAR F rmw.abw..l.l�>„ / N.B.LS. 6Y_ A`MBREW K, TOOLS, N.B-L -S_ PNR: f379 E: FfHRUARY 17, 2011 AxT cTlEaam��r _ SNI1om a,' REPORT TO COMMON COUNCIL M &C 2011 — 035 February 28, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council, SUBJECT: Renewal of Water Supply Agreement — Musquash Watershed BACKGROUND -I The City of Saint john The City of Saint John has an agreement with the Province of New Brunswick to draw water from the Musquash Watershed management area. The original agreement, dating back to January 1, 1978 allows the City to draw up to 38 million imperial gallons per day for supply to industrial, domestic and commercial users. This water is required to supplement the Spruce Lake Watershed for approximately a two to three month period each year. Only that volume required to maintain supply in sufficient quantities to customers (Irving Pulp & Paper, Irving Paper and Coleson Cove) is drawn from the system. Factors that affect the required volume to be drawn include weather conditions and balancing of supply requirements between east and west systems related to shut -downs for maintenance and repairs. The City has received an offer dated February 8, 2011 from the Department of Natural Resources (copy attached) to extend the current agreement to December 31, 2011. ANALYSIS The original 1978 agreement set a rate to enable the Minister of Natural Resources to recover costs to properly reflect the administrative and operational costs for the supply of water from the watershed over a 21 year period — ending December 31, 1998. Rates have changed over the years as noted in the following table. Period Rate per 1,000 imperial gallons January 1, 1978 to December 31, 1980 $0.015 January 1, 1981 to December 31, 1999 $0.020 January 1, 2000 to December 31, 2000 $0.037 January 1, 2001 to June 30, 2003 $0.038 July 1, 2003 to December 31, 2005 $0.040 January 1, 2006 to December 31, 2008 $0.042 January 1, 2009 to December 31, 2009 $0.044 January 1, 2010 to December 31, 2010 $0.044 116 Page 2 Renewal of Water Supply Agreement - Musquash Watcrshcd M &C 2011- 035 The Department of Natural Resources wishes to extend the original 1978 Agreement to December 31, 2011 subject to the following. The Province does not guarantee the supply of water in the event of: - a failure an any component of the water retention and water delivery infrastructure in the Musquash watershed, or - the need to draw down the reservoirs or shut off the water supply for reasons of public safety, • the charge for the water will remain at $0.04511, 000 imperial gallons for this term, and • the parties to the agreement reserve the right to terminate or transfer the agreement, upon giving each other at least three months written notice. All other terms and conditions remain the same. FINANCIAL IMPLICATIONS The required water withdrawal from the Musquash watershed varies each year but averages around 1.85 billion gallons annually. At the rate of $0.045/1000 imperial gallons, the annual funds required for the supply of water from the Musquash Watershed is approximately $83,250 per annum. The 2011 draft Water and Sewerage Utility operating budget includes funding provision for the estimated withdrawal from the Musquash watershed. RECOMMENDATION It is recommended that Common Council authorize the extension of the agreement to draw water from the Musquash Watershed in accordance with the attached; and that the Mayor and Common Clerk sign the appropriate documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering 117 J. Patrick Woods, CGA City Manager EXTENSION OF THE JANUARY 1978 AGREEMENT BETWEEN THE PROVINCE OF NEW BRUNSWICK AND THE CITY OF SAINT JOHN WITH RESPECT TO DRAWING WATER FROM THE MUSQUASH WATERSHED Under the agreement dated January 1, 1978 between Her Majesty the Queen in the right of the Province of New Brunswick as represented by the Minister of Natural Resources on the first part and the City of Saint John on the second part, which was extended to December 31, 2010, we further agree: 1. To extend the term to midnight, December 31, 2011; 2. To reserve the right to terminate or transfer the agreement upon giving each other at least three months written notice; 3. The charge for water usage was adjusted in accordance with the New Brunswick Consumer Price Index from $0.044/1,000 imperial gallons to $0.045/1,000 imperial gallons until December 31, 2011. 4. That the Minister assumes no liability whatsoever for any reason, should water become unavailable to the City, including but not limited to the following: • in the event of a failure, for whatever reason, of any component of the water retention and water delivery infrastructure in the Musquash watershed; • if, in the opinion of the Minister, the water in any of the reservoirs has to be drawn down for repair and maintenance of the water retention infrastructure or for public safety reasons. 5. The Minister assumes no liability for whatever reason for potability of the water. 6. The parties acknowledge that some of the Musquash lands are protected lands under the Protected Natural ,4reas Act, S.N.B. 2003, c.P -19.01 and as amended. 7. All other terms and conditions shall remain the same. SIGNED, SEALED AND DELIVERED in the p Bence of: L SIGNED, SEALED ANPDELIVERED in the presence of: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK Minister of Natural sources CITY OF SAINT JOHN per: Mayor of the City of Saint John per: Clerk of the City of Saint John W 1 —.0"" PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, ELIZABETH A. GORMLEY, of the city of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY:- 1. THAT I am the Common Clerk of the City of Saint John and have custody of the Common Seal hereof. 2. THAT the seal to the aforegoing instrument affixed is the Common Seal of the City of Saint John and that it was so affixed by Order of the Common Council of the said City. 3. THAT the signature `'G. Ivan Court" to the said instrument is the signature of G. Ivan Court, Mayor of the said City, and the signature "Elizabeth A. Gormley" thereto is my own signature. 4. THAT we are the proper officers to sign the aforegoing instrument on behalf of the City of Saint John. SWORN TO BEFORE ME at The City of Saint John, in the County of Saint John and Province of New Brunswick This of 12010 John L. Nugent Commissioner of Oaths Being a Solicitor Elizabeth A. Gormley s —adoo PROVINCE OF NEW BRUNSWICK COUNTY OF YORK I, Phil LePage of the City of Fredericton, County of York in the Province of New Brunswick, Deputy Minister of the Department of Natural Resources make oath and say as follows: 1. That I am the Deputy Minister of Natural Resources of the Province of New Brunswick, and as such am the proper officer having charge of the Seal of the said Department. 2. That the within Instrument was executed on the 'I day of FP26ruGr� 2011, by the Honorable Bruce Northrup, Minister J of Natural Resources for the said Province, duly authorized thereto, in my presence, and the signature "Bruce Northrup" is the signature of the said 0 (N Bruce Northrup, Minister of Natural Resources. r 3. That the Seal opposite the signature of the said Bruce Northrup is the Seal of the Minister of Natural Resources and was affixed to the said Instrument by me, the said Phil LePage as such officer being duly authorized thereto. SWORN to at the City of ) Fredericton in the County) of York and Province ) of New Brunswick, this 7i', ) day of FeixuG �3 } 2011 before me. } -00u] t w ck, (tbmmissiortOr of Oaths JANET LYNCH COMMISSIONER OF OATHS MY APPOINTMENT EXPIRES ON DECENIBER 31, 20.1y. COM(v11SSAIRE AUX SERMENTS MA NOMINATION EXPI E LE 31 DItEMBRE 201... Phil LePage Deputy Minister Department of Natural Resources EXTENSION OF THE JANUARY 1978 AGREEMENT BETWEEN THE PROVINCE OF NEW BRUNSWICK AND THE CITY OF SAINT JOHN WITH RESPECT TO DRAWING WATER FROM THE MUSQUASH WATERSHED Under the agreement dated January 1, 1978 between Her Majesty the Queen in the right of the Province of New Brunswick as represented by the Minister of Natural Resources on the first part and the City of Saint John on the second part, which was extended to December 31, 2010, we further agree: 1. To extend the term to midnight, December 31, 2011; 2. To reserve the right to terminate or transfer the agreement upon giving each other at least three months written notice; 3. The charge for water usage was adjusted in accordance with the New Brunswick Consumer Price Index from $0.044/1,000 imperial gallons to $0.045/1,000 imperial gallons until December 31, 2011. 4. That the Minister assumes no liability whatsoever for any reason, should water become unavailable to the City, including but not limited to the following: • in the event of a failure, for whatever reason, of any component of the water retention and water delivery infrastructure in the Musquash watershed; • if, in the opinion of the Minister, the water in any of the reservoirs has to be drawn down for repair and maintenance of the water retention infrastructure or for public safety reasons. 5. The Minister assumes no liability for whatever reason for potability of the water. N 6. The parties acknowledge that some of the Musquash lands are protected lands r under the Protected Natural Areas Act, S.N.B. 2003, c.P -19.01 and as amended. 7. All other terms and conditions shall remain the same. SIGNED, SEALED AND DELIVERED in the presence of: SIGNED, SEALED AND DELIVERED in the presence of: HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF NEW BRUNSWICK Minister of Natural R urces CITY OF SAINT JOHN per: Mayor of the City of Saint John per: Clerk of the City of Saint John --woo IU:t0]T /1a[oI to] aaI: it, i /:1:Z0 2GYVX4Ali COUNTY OF SAINT JOHN I, ELIZABETH A. GORMLEY, of the city of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY:- 1. THAT I am the Common Clerk of the City of Saint John and have custody of the Common Seal hereof. 2. THAT the seal to the aforegoing instrument affixed is the Common Seal of the City of Saint John and that it was so affixed by Order of the Common Council of the said City. 3. THAT the signature "G. Ivan Court" to the said instrument is the signature of G. Ivan Court, Mayor of the said City, and the signature "Elizabeth A. Gormley" thereto is my own signature. 4. THAT we are the proper officers to sign the aforegoing instrument on behalf of the City of Saint John. SWORN TO BEFORE ME at ) The City of Saint John, in the ) County of Saint John and ) Province of New Brunswick ) This of , 2010 } John L. Nugent Commissioner of Oaths ) Being a Solicitor ) Elizabeth A. Gormley 21 PROVINCE OF NEW BRUNSWICK COUNTY OF YORK I, Phil LePage of the City of Fredericton, County of York in the Province of New Brunswick, Deputy Minister of the Department of Natural Resources make oath and say as follows: 1. That I am the Deputy Minister of Natural Resources of the Province of New Brunswick, and as such am the proper officer having charge of the Seal of the said Department. 2. That the within Instrument was executed on the 7 -1 "'day of FQbfuc, �j "' 2011, by the Honorable Bruce Northrup, Minister of Natural Resources for the said Province, duly authorized thereto, in my presence, and the signature "Bruce Northrup" is the signature of the said M N Bruce Northrup, Minister of Natural Resources. r 3. That the Seal opposite the signature of the said Bruce Northrup is the Seal of the Minister of Natural Resources and was affixed to the said Instrument by me, the said Phil LePage as such officer being duly authorized thereto. SWORN to at the City of ) Fredericton in the County) of York and Province } of New Brunswick, this'-71"') day of F-e b.-L) c r ) 2011 before me� ) Phil LePage Deputy Minister n ) Department of Natural Resources Co9ftnissioner (Pf Oaths JANET LYNCH COMMISSIONER OF OATHS MY APPOINTMENT EXPIPES ON DECEC;,iBER 31, 20.6.. COMMISGAIRE AUX SERMENTS MA NOMINATION EXPIRE LE 31 DECEMBRE 20J. City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormle Phone: 506 658 -2862 Fax: 50 6744214 Special Instructions (if any): Reference: Public hearing— 78 Orange Street Newspaper Insertion Dates Tuesday February 1" Tuesday February 22nd (Check as applicable) (SJTJ= Saint John Telegraph Journal) Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658 -2862 M111 PROPOSED ZONING BY -LAW AMENDMENT RE: 78 ORANGE STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, February 28, 2011 at 7:00 p.m., by: Rezoning a parcel of land having an area of approximately 460 square metres, located at 78 Orange Street, also identified as PID No. 00007450, from "B-1" Local Business to "RM- IF" Multiple Residential Infill. REASON FOR CHANGE: To recognize an existing one - family dwelling as a permitted use. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 78, RUE ORANGE Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'etudier la modification suivante a 1'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 28 f6vrier 2011 a 19 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 460 metres canes, situ6e au 78, rue Orange, et portant le NiD 00007450, de zone Commerciale locale ((B-1 o a zone d'edification de logements multiples sur terrain intercalaire « RM -IF ». RAISON DE LA MODIFICATION: Reconnaitre ('utilisation pennise d'une habitation unifamiliale existante. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau de Purbanisme et du ddveloppement a l'h6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par dcrit a 1'attention du soussigne a 1'h6tel de ville. Elizabeth Gormley, Greffi6re communale 658 -2862 ii��1 co 000u p,Opp6-1 °v a CO a O 92 O 6T 0 � N pOp0�4 506961 r tp O 5 Q3 � 16 0 p00014a 106959 0 co 5 5 N m O� oo � 6 co r coo pp00'f 4N 0 0 00 St 0 Oo 0 0e N r r entie M� r C rr ti 0 ti � 40 ,0000 � ti 00 00��57 r ,.n07165 M � oo�psg25 r oo406g33 CV 7 3 r o 0 �1p1 0000 °,�46a 841 00 6 _ oopo 000 450 00 0 � 06g5 519a2a'[ 5 oo °' oQ�p6 1' co N PUBLIC NOTICE 0 AVIS PUBLIC Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, February 28, 2011 at 7:00 p.m., by: Rezoning a parcel of land having an area of approximately 460 square metres, located at 78 Orange Street, also identified as PID No. 00007450, from "B -1" Local Business to "RM -IF" Multiple Residential Infill. REASON FOR CHANGE: To recognize an existing one - family dwelling as a permitted use. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 NFA Par les presentes, un avis public est donne par lequel le Conseil communal de The City of Saint John indique son intention d'&tudier la modification suivante a 1'arrete sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 28 Rvrier 2011 a 19 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 460 metres carres, situee au 78, rue Orange, et portant le N1D 00007450, de zone commerciale locale « B -1 » a zone d'edification de logements multiples sur terrain intercalaire « RM -IF N. RAISON DE LA MODIFICATION: Reconnaitre l'utilisation permise d'une habitation unifamiliale existante. Toute personne int&ress &e peut examiner le projet de modification au bureau du greffier communal ou au bureau de 1'urbanisme et du d&veloppement a 1'hotel de ville situ& au 15, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire part de vos objections au projet de modification par e'crit a 1'attention du soussigne a l'h6tel de ville. Elizabeth Gormley, Greffiiere communale 658 -2862 BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 460 square metres, located at 78 Orange Street, also identified as being PID No. 00007450, from "13-1" Local Business to "RM -IF" Multiple Residential Infill - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2011 and signed by: Mayor /Maire ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a d6crk6 cc qui suit : L'arret6 sur le zonage de The City of Saint John, d6cr6t6 le dix -neuf (19) d6cembre 2005, est modifid par: 1 La modification de 1'annexe uA», Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 460 metres carr6s, situ6e au 78, rue Orange, et portant le NID 00007450, de zone commerciale locale «B -1 » a zone d'6dification de logements multiples sur terrain intercalaire « RM -IF - toutes les modifications sont indiqu6es sur le plan cijoint et font partie du pr6sent arret6. EN FOl DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le 2011, avec les signatures suivantes : Common Clerk/Greffi6re communale First Reading - Premi6re lecture Second Reading - Deuxi6me lecture Third Reading - Troisieme lecture 128 February 16, 2011 Your Worship and Councillors: SUBJECT: Rezoning 78 Orange Street On January 31, 2011 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 15, 2011 meeting. The landowner (Gordon Hewitt) appeared before the Committee in support of the application. There were no other presentations made concerning this matter, and no letters were received from surrounding property owners. After considering the report, the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. RECOMMENDATION: That Common Council rezone a parcel of land having an area of approximately 460 square metres, located at 78 Orange Street, also identified as PID No. 00007450, from "B -1" Local Business to "RM -IF" Multiple Residential Infill. Respectfully submitted, Colin Murray Chairman MO Project No. 11 -023 129 DATE: FEBRUARY 11, 2011 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING • PLANNING AND DEVELOPMENT FOR: MEETING OF FEBRUARY 15, 2011 PREPARED BY: REVIEWED BY: Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Name of Owner: Location: ' ID Ken Forrest, MCIP, RPP Commissioner Gordon Hewitt Gordon Hewitt 78 Orange Street 00007450 Municipal Plan: Approved Commercial Development Zoning: Existing: "B -1" Local Business Proposed: "RM -1F" Multiple Residential Infill Proposal: To recognize an existing one - family dwelling as a permitted use. Type of Application: Rezoning 130 Gordon Hewitt 78 Orange Street JURISDICTION OF COMMITTEE: Page 2 February 11, 2011 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, February 28, 2011. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land having an area of approximately 460 square metres, located at 78 Orange Street, also identified as PID No. 00007450, from "B -1" Local Business to "RM -IF" Multiple Residential Infill. BACKGROUND: On January 26, 1982 the Planning Advisory Committee considered an application by Eton Construction Ltd. to convert the building on the subject property from a one - family dwelling to a business office. This application involved an amendment to the Municipal Development Plan from Medium Density Residential to District Centre Commercial and a concurrent rezoning from "RM -1" Three Storey Multiple Residential to `B -1" Local Business. Though staff did not support the proposal given the residential character of the neighbourhood, insufficient parking, and lack of buffering, the Committee resolved to recommend the application to Common Council with a Section 39 condition restricting the use of the property to a business office. On February 8, 1982 Council gave third reading to these amendments and imposed the recommended Section 39 condition. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to this application. Buildings and Inspection Services has no concerns with regards to this matter. ANALYSIS: Subject Property and Neighbourhood The subject property is situated on the south side of Orange Street near Wentworth Street in the South End (see attachments). The property contains a three storey building with an architecturally significant stone facade facing Orange Street. The other exposed exterior walls of the building are covered with brick. At the rear is a small garage, treed amenity space, and parking for about three vehicles (not 131 Gordon Hewitt 78 Orange Street Page 3 February 11, 2011 including the driveway and accessory building). The property has been used for many years as a one - family dwelling. The properties in the neighbourhood mostly contain three storey brick buildings of similar architecture. These residential buildings contain between one to seven dwelling units in the immediate neighbourhood. The general area is also comprised of dwellings of similar densities, with the exception of a large rooming house situated at 140 Carmarthen Street to the west, and a convenience store with apartments at 160 Carmarthen Street further to the southwest. The neighbourhood, including the subject property, is located within the Orange Street Heritage Conservation Area. The Heritage Planner has been advised of this application, and has no concern as there would not be any impact to the exterior of the building. In fact, the Heritage Planner supports the landowner's desire to recognize the long- existing use of the property as a one - family dwelling. Proposal The applicant (landowner) is seeking permission to revert the zoning of the property back to residential (i.e., "RM -IF" Multiple Residential Infill). As mentioned in the Background section of this report, the subject property was redesignated and rezoned in order to allow for the conversion of the building from a one - family dwelling to a business office. A Section 39 condition was imposed limiting the use of the property to a business office. Notwithstanding, the conversion did not occur and the building has continued to be used as a one - family residence. While the dwelling can continue under the non- conforming use provisions of the Community Planning Act, the landowner is seeking permission to rezone the property back to an appropriate residential category. Municipal Development Plan and Rezoning The Peninsula Neighbourhood Plan (Central Peninsula Land Use Plan, Schedule 2 -C), Part Ten of the Municipal Development Plan, designates the subject property as Approved Commercial Development.1 However, the surrounding area is designated Medium Density Residential and zoned "RM -IF" Multiple Residential Infill. One of the relevant policies of the Neighbourhood Plan is that, "the City of Saint John to ensure that medium density residential areas shown on the Future Land Use plan be maintained through low rise development and the requirements of the "RM -IF" zone. " Given the Medium Density designation and "RM -IF" zoning of the area, it would be appropriate to rezone the subject property to the same residential category. Thus, the requested rezoning is recommended. As the property would be regulated by the infill design standards of the "RM -IF" zone, as well as by the requirements of the Saint John Preservation Areas By -law, no Section 39 conditions are considered warranted. ' The existing Municipal Plan designation does not need to be changed in order to allow for the proposed rezoning. 132 Gordon Hewitt 78 Orange Street CONCLUSION: Page 4 February 11, 2011 The subject property was redesignated and rezoned back in the early 1980s in order to permit the conversion of the building from a one - family dwelling to a business office. A Section 39 condition was imposed restricting its use only to a business office. The conversion did not occur, and the one - family dwelling has continued as a non - conforming use. The current landowner is seeking to revert the zoning of the property back to an appropriate residential category (i.e., "RM -IF" Multiple Residential Infill). The surrounding neighbourhood is zoned in this manner, and the Peninsula Neighbourhood Plan supports such a rezoning application. Therefore, approval of the requested rezoning is recommended. MO Project No. 11 -023 133 ;-M 17 18 St. rue Oral, +S 140 rte'➢ 142 148 ss vm -71 Gess st rue 214 276 282 208 27412 Cv +�1at *�titr �ifia,84' t �. RM-3 46 t\ --, - �s� %e - 170 17 17 A-mm ml Location: 78, rue Orange Street Date: January 26 janvier 2011 Scale/6chelle: Not to scale/Pasa Mchelle 134 102 'as ev 11 afi rue rue ��m) City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormle Phone: 506 658 -2862 Fax: 506 674 -4214 Special Instructions (if any): Reference: Public notice regarding 1147 Loch Lomond Rd Newspaper Insertion Dates Tuesday February 1", 2011 Tuesday February 22A 2011 (Check as applicable) (SJTJ= Saint John Telegraph Journal) Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal ® Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658 -2862 `917 PROPOSED ZONING BY -LAW AMENDMENT RE: 1147 LOCH LOMOND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, February 28, 2011 at 7:00 p.m., by: Rezoning a parcel of land having an area of approximately 1.8 hectares, located at 1147 Loch Lomond Road, also identified as being a part of PID No. 00434548, from "RS -2" One and Two Family Suburban Residential to "RM -1" Three Storey Multiple Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To permit the development of a three- storey, 42- unit apartment building. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 1147, CHEMIN LOCH LOMOND Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d'dtudier la modification suivante a 1'arretd sur le zonage de The City of Saint John, lors de la r6union ordinaire qui se tiendra dans la salle du conseil le lundi 28 fevrier 2011 a 19h: Rezonage d'une parcelle de terrain d'une superficie d'environ 1,8 hectares, situ6e au 1147, chemin Loch Lomond, et 6tant aussi une partie du NID 00434548, de zone residentielle de banlieue — habitations unifamiliales et bifamiiiales <<RS- 2>> a zone d'edifices i logements multiples de trois etages <<RM -1», comme le montre la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre I'amdnagement d'une habitation multifamiliale de trois 6tages et de 42 logements. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du d6veloppement a I'h6tel de ville situ6 au 15, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par dent a I'attention du soussign6 a 1'h6tel de ville. Elizabeth Gormley, Greffiere communale 658 -2862 `19141 N \ ,i yam: I v\ \� S t � J FR. O'LEARY SENIORS ° APARTMENT COMPLEX` SAINT JOHN, NB SITE PLAN JAN 2011 p` / UL 1G F mw m.lr.NK� rou (�� 138 ..r T i I r' if 1 •r 0 a P V A -I co T_ Janel a Raymond � \ —•� Lot 0 -01 1 e2 b 1 / PAD. 00 629 / Borbara Grain, Donna sa, Whitaker, FOnold A. Whilo r and Movie A Whitaker (life Interest) roperly % �N� �•.•� r. party an Tentative Plan Option 2 Ray Deby Subdivision, < loch Lomond Rood, City of Saint John, lad' County of Saint John, r Province otNew Brvnswick \ / �°PD Mary C.M.— c � / a. Y 2m oup 2 pyyPnolo tk , In 20 f— 20M cry on \ �• 20 0 20 .0 eo as UiM Mo. Own by JaE Mo. Dols / S,0,71- SM.,eM -R.re 20t0 BCS T10", aet 10. 2010 . 140 BY -LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1.8 hectares, located at 1147 Loch Lomond Road, also identified as being a part of PID No. 00434548, from "RS -2" One and Two Family Suburban Residential to "RM -1" Three Storey Multiple Residential - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2011 and signed by: Mayor /Maire ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lars d'une rdunion du conseil communal, The City of Saint John a ddcrdtd ce qui suit : L'arretd sur le zonage de The City of Saint John, ddcrdte le dix -neuf (19) ddcembre 2005, est modifid par: 1 La modification de ]'annexe «A >>, Plan de zonage de The City of Saint John, permettant de modifier la ddsignation pour une parcelle de terrain d'une superficie d'environ 1,8 hectares, situde au 1147, chemin Loch Lomond, et dtant aussi une partie du NID 00434548, de zone rdsidentielle de banlieue -- habitations unifamiliales et bifamiliales «RS -2» a zone d'edifices a logements multiples de trois dtages <<RM -1» - toutes les modifications sont indiqudes sur le plan ci joint et font partie du prdsent arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arretd le 2011, avec les signatures suivantes : Common Clerk/Greffidre communale First Reading - Premidre lecture Second Reading - Deuxidme lecture Third Reading - Troisieme lecture 141 February 16, 2011 Your Worship and Councillors: SUBJECT: Proposed Rezoning - 1147 Loch Lomond Road On January 31, 2011 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its February 15, 2011 meeting. This letter deals with the proposed rezoning. Mr. Rick Turner of Hughes Surveys and Consultants, representing the applicant, attended the meeting and advised that he was in general agreement with the Staff Recommendation with the exception of the requirement to extend Josselyn Road from its current terminus to the proposed Public Street. Mr. Turner also outlined the community consultation that the applicant undertook on their own behalf. Mr. Turner responded to various questions from members of the Committee regarding the street connection to Josselyn Road. In response to questioning from the Committee, Staff noted not requiring the roadway connection presents operational issues for City operations such as snow removal and garbage collection and would pose a financial risk to the City in that should the connection not be completed by the developer, it may have to be completed by the City. Staff also noted the connection will improve access to Josselyn Road, which currently terminates in a dead end, for emergency vehicles. Mr. Ernie Maber, of 138, Josselyn Road, appeared before the Committee citing a concern with the connection to Josselyn Road. The Committee also received three letters expressing concerns about the proposal and a letter supporting the application. Copies of these letters are attached. Following consideration of the report, letters and presentations, the Committee adopted the staff recommendation with a typographical amendment to condition (f) and the addition of traffic calming to the scope of the traffic study mentioned in condition (h). The Committee also approved two variances relating to driveway location and development of a double frontage lot. 142 -2- It should be noted that a further recommendation concerning the subdivision aspect of this application will be provided should first and second reading to the requested Zoning By -law amendment be given by Council. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 1.8 hectares, located at 1147 Loch Lomond Road, also identified as being a part of PID Number 00434548 from "RS -2" One and Two Family Suburban Residential to "RM -1" Three Storey Multiple Residential. 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land having an area of approximately 1.8 hectares, located at 1147 Loch Lomond Road, also identified as being a part of PID Number 00434548 be subject to the following conditions: (a) The developer must pave all parking areas, loading areas, vehicle manoeuvring areas and driveways with asphalt and enclose them with continuous cast -in -place concrete curbing where necessary to protect the landscaped areas and to facilitate proper drainage; (b) The developer must provide adequate site drainage facilities in accordance with detailed site grading and drainage plans and design brief, prepared by the developer and subject to the approval of the Chief City Engineer or his designate, indicating how storm water collection and disposal will be handled; (c) The developer must provide an engineering water and sewer analysis determining the impact of the development on the existing infrastructure, and a detailed engineering servicing plan for the approval of the Chief City Engineer or his designate; (d) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas; (e) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking areas, vehicular manoeuvring areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas, and other site features; (f) The approved plans mentioned in conditions (b) and (e) above must be attached to the application for building permit for the development; 143 -3- (g) All site improvements shown on the approved site plan, landscaping plan and drainage plan must be completed within one year of occupancy; (h) The developer must complete a traffic study to determine if a marked crosswalk is required at the intersection of Loch Lomond Road and the proposed Public Street and determine the impacts that the roadway connection of the proposed Public Street and Josselyn Road extension will have on traffic patterns on existing streets and if modifications to existing intersections and/or crosswalks are warranted along with reviewing traffic calming measures to reduce the potential for this connection to be used as a shortcut; and (i) The developer must complete, at his expense, the construction of the proposed Public Street as well as the prolongation of Josselyn Road from its present terminus to its intersection with the proposed Public Street, within one year of occupancy of the building. Respectfully submitted, Colin Murray Chairman MR Project No. 11 -021 144 DATE: FEBRUARY 11, 2011 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING • PLANNING AND DEVELOPMENT FOR: MEETING OF FEBRUARY 15, 2011 PREPARED BY: REVIEWED BY: Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: Name of Applicant: Name of Owner: Location: Ken Forrest, MCIP, RPP Commissioner Columbian Charities Council 6595 (2004) Inc. Raymond and Janet Debly 1147 Loch Lomond Road PID: 00434548 (portion) Municipal Plan: Low Density Residential Zoning: Existing: "RS -2" One and Two Family Suburban Residential Proposed: "RM -1" Three Storey Multiple Residential Proposal: To subdivide a portion of the lot and construct a 44 -unit residential building Type of Application: Rezoning, subdivision, and variances to: a) Permit a driveway within 10 metres of an intersection of two street lines; and b) Permit the development of a double frontage lot. 145 Columbian Charities Council 6595 (2004) Inc. 1147 Loch Lomond Road JURISDICTION OF COMMITTEE: Page 2 February 11, 2011 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, February 28, 2011. The Act also authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law and Subdivision By -law. The Committee can impose conditions. In addition, the Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and public utility easements, as well as the authorization of City /Developer Subdivision Agreements. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land having an area of approximately 1.8 hectares, located at 1147 Loch Lomond Road, also identified as being a part of PID Number 00434548 from "RS -2" One and Two Family Suburban Residential to "RM -1" Three Storey Multiple Residential. 2. That, pursuant to Section 39 of the Community Planning Act, the development and use of a parcel of land having an area of approximately 1.8 hectares, located at 1147 Loch Lomond Road, also identified as being a part of PID Number 00434548 be subject to the following conditions: (a) The developer must pave all parking areas, loading areas, vehicle manoeuvring areas and driveways with asphalt and enclose them with continuous cast -in -place concrete curbing where necessary to protect the landscaped areas and to facilitate proper drainage; (b) The developer must provide adequate site drainage facilities in accordance with detailed site grading and drainage plans and design brief, prepared by the developer and subject to the approval of the Chief City Engineer or his designate, indicating how storm water collection and disposal will be handled; (c) The developer must provide an engineering water and sewer analysis determining the impact of the development on the existing infrastructure, and a detailed engineering servicing plan for the approval of the Chief City Engineer or his designate; (d) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, parking and loading areas; (e) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, structures, parking 146 Columbian Charities Council 6595 (2004) Inc. 1147 Loch Lomond Road Page 3 February 11, 2011 areas, vehicular manoeuvring areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas, and other site features; (f) The approved plans mentioned in conditions (b) and (g) above must be attached to the application for building permit for the development; (g) All site improvements shown on the approved site plan, landscaping plan and drainage plan must be completed within one year of occupancy; (h) The developer must complete a traffic study to determine if a marked crosswalk is required at the intersection of Loch Lomond Road and the proposed Public Street and determine the impacts that the roadway connection of the proposed Public Street and Josselyn Road extension will have on traffic patterns on existing streets and if modifications to existing intersections and/or crosswalks are warranted; and (i) The developer must complete, at his expense, the construction of the proposed Public Street as well as the prolongation of Josselyn Road from its present terminus to its intersection with the proposed Public Street, within one year of occupancy of the building. 3. That Common Council assent to one or more subdivision plans, in one or more phases, with respect to the vesting of the proposed street, as generally indicated on the photo- reduced tentative subdivision plan entitled `Option 2 Ray Debly Subdivision', as well as any necessary municipal services easements and public utility easements. 4. That Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed engineering and drainage plans for the approval of the Chief City Engineer or his designate. 5. That the Planning Advisory Committee grant the following variances to: a) Permit a driveway within 10 metres of an intersection of two street lines subject to the conditions that the driveway is to be located across from the proposed Public Street and a stop sign is to be placed at the end of the private driveway. The applicant is be responsible for the installation and associated costs as well as all future maintenance and costs of the stop sign; and b) Permit the development of a double frontage lot. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments regarding the application: There is no municipal water, sanitary and storm sewer servicing available for connection from the property line to service this development. Extension of the existing water and sanitary sewer infrastructure from Josselyn Road to the proposed site would be the full responsibility and cost 147 Columbian Charities Council 6595 (2004) Inc. 1147 Loch Lomond Road Page 4 February 11, 2011 of the applicant /owner. Extension of the existing storm sewer from Loch Lomond Road to the proposed site would be the full responsibility and cost of the applicant /owner. Detailed engineering plans and design brief must be submitted to the City by the applicant's engineering consultant for review and approval by this department. The applicant's engineering consultant must provide to the City the requirements for water, sanitary and storm servicing and ensure the City's systems can adequately service the requirements of this proposal. Should the applicant's engineering consultant determine this development needs water pressure boosted to satisfy their water requirements, this private booster system shall be the full responsibility of the applicant /owner and all associated costs thereto. The closest fire hydrant is located near 126 Josselyn Road. Should a fire hydrant be required closer to this proposed development, it shall be the full responsibility and cost of the applicant /owner to install. City approved water meter and appropriate backflow prevention must be installed by the owner. It is the responsibility of the owner's engineering consultant to submit site grading and storm drainage plans and design brief to this department for review and approval. Josselyn Road is to be extended to intersect with the proposed new Public Street when the new street is constructed. The extension of Josseyln Road (and the new construction of the proposed Public Street) would be the full responsibility and cost of the applicant. The proposed new Public Street is to be constructed to a Local Street standard by the applicant. The driveway for the proposed apartment building should be located a minimum of 10 metres from the intersection of Josselyn Road and the proposed Public Street If this minimum distance cannot be met, the driveway is to be located across from the proposed Public Street and a stop sign is to be placed at the end of the private driveway. The applicant would be responsible for the installation and associated costs as well as all future maintenance and costs of the stop sign for this private driveway. The existing driveway to the residence at 1147 Loch Lomond Road is to be relocated to connect to the proposed Public Street at a minimum distance of 10 metres from the intersection with Josselyn Road. A detailed site plan showing the new location and width of this driveway is to be submitted to this department for review and approval. (The existing driveway from 1147 Loch Lomond Road shall connect to the proposed Public Street and not directly onto Loch Lomond Road.) It is the responsibility of the applicant /owner to provide for solid waste collection. The applicant's traffic engineering consultant must review the intersection of the proposed new Public Street and Loch Lomond Road to determine if a marked crosswalk would be warranted at this location. The consultant must confirm that appropriate site distances are available at this intersection. The applicant's traffic engineering consultant must review what impacts the proposed development will have on the traffic patterns of existing connecting streets and determine if any modifications to existing intersections and/or crosswalks are warranted. Buildings and Inspection Services notes there are no apparent Building Code issues at this time based on the information provided and have no concerns at this point in the process. Saint John Fire Department has been informed of the application. am Columbian Charities Council 6595 (2004) Inc. 1147 Loch Lomond Road Saint John Police Force has been informed of the application. Page 5 February 11, 2011 Saint John Transit serves this location on Loch Lomond Road with both the Loch Lomond and Champlain/Lakewood routes. Leisure Services has been informed of the application. Real Estate Services are of the opinion a public street connection should be constructed to Loch Lomond Road. Geographic Information Systems (Planning and Development) advise that Columbus Court is not an acceptable street name from an emergency dispatch / civic addressing perspective as Columbus already exists as a street name in the City. N.B. Department of Environment has been informed of the application. N.B. Department of Community Services has been informed of the application. Saint John Energy has been informed of the application. Bell Aliant has been informed of the application. Rogers has been informed of the application. Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline have been informed of the application. Maritimes & Northeast Pipeline and Brunswick Pipeline advise this area is clear of their facilities and work will not be occurring near their infrastructure. ANALYSIS: Subject Site and Proposed Development The subject site is located on the north side of Loch Lomond Road east of (and across from) the Hickey Road intersection. Currently a single - family dwelling and associated accessory buildings are located in the northeast corner of the property. The applicant is seeking approval to subdivide a 1.62 hectare lot from the 7.32 hectare parent parcel which will be accessed by a proposed Public Street. A 44 -unit, three storey apartment building will be constructed on the subdivided property. The applicant has indicated that the building will be rented to seniors with half of the units rented at market rates and the other half being subsidized units subject to a project agreement with the Province of New Brunswick, although this could change should the agreement or funding program end. The proposed lot has a frontage of approximately 32 metres and a depth of 190 metres. Elevations of the site range from 53 metres at the proposed Public Street frontage to 75 metres in the northern portion of the site. 149 Columbian Charities Council 6595 (2004) Inc. 1147 Loch Lomond Road Page 6 February 11, 2011 Surrounding Area The immediate area surrounding the site is largely zoned "RS -2" One and Two Family Suburban Residential and contains single - family residential development with a mix of lot sizes. To the east of the site, two areas of "I -1" Light Industrial zoning include an automobile dealership and an area of vacant land which from air photo information appears to be used as a storage yard for heavy equipment. A convenience store and gas bar are located further to the east along Loch Lomond Road and are zoned "B -2" General Business. On the south side of Loch Lomond Road, lands are zoned `B -2" General Business and " "SC" Shopping Centre and contain commercial uses such as a food store, coffee shop and building supply / hardware store. Municipal Plan Direction The subject site is located within the area along Loch Lomond Road designated as Low Density Residential by the Municipal Plan. The proposed density of the site is 27.5 units per net hectare which is below the upper threshold of 38 units per net residential acre for low density areas established in Section 2.4.4.3 of the Municipal Plan. The Plan also designates a District Centre at the Loch Lomond Road / Hickey Road intersection. The intent of the District Centre designation is to create a cluster of commercial uses to serve as a focal point for the surrounding community. Section 2.4.6.18 of the Plan notes that clustering of medium and high density residential uses around district centres should be encouraged. While, the density of the site meets the definition of a low density development in the Municipal Plan Staff are of the opinion that Section 2.4.6.18 is met in that it is a higher density than that found in the surrounding neighbourhood and thus meets the intent of Section 2.4.6.18. Section 2.4.4.4 of the Plan is also met in that the development provides for a higher density site close to a District Centre, the site design is such that the massing of the proposed building does not affect the adjacent residential properties, and the area is serviced. Based on the review of the Municipal Plan policies, the proposed use meets the intent of and is in conformity with the Municipal Plan. Zoning By -law The proposed lot is situated in an "RM -1" Three Storey Multiple Residential zone and can meet all of the requirements of the Zoning By -law. However, it should be clearly understood that the parking calculation is based on the fact that the building will be occupied by seniors and, in such instances, the By -law allows for a less stringent parking requirement. Specifically, the By -law requires a minimum number of 26 on -site parking spaces, whereas 42 are provided (a surplus of 16 spaces). Should the tenant mixture change in the future and become less focused on the seniors demographic, the minimum required number of off - street parking spaces may increase up to 55, the resulting shortfall necessitating either the implementation of additional on -site parking or a subsequent variance application which may not be supported. Building and Site Design 150 Columbian Charities Council 6595 (2004) Inc. 1147 Loch Lomond Road Page 7 February 11, 2011 The building will contain 20 -1 bedroom units, 22 -2 bedroom units and 2 accessible 1 bedroom units. A preliminary perspective drawing of the building is attached to the report. The three storey building will have a pitched roof and will be approximately 11.43 metres in height. This proposed height meets the requirements of the "RM -1" Three Storey Multiple Residential zone for buildings having heights in excess of 11 metres. Staff recommend that a Section 39 condition be imposed requiring that the applicant prepare building elevation drawings for approval by the Development Officer prior to the issuance of a Building Permit to ensure it corresponds with the intent of the drawings provided to -date. This condition has been imposed on recent applications to ensure that the design meets the community expectations and the intent of the proposal put forth during the rezoning process. To ensure conformity with the proposal, a site plan is also recommended to be submitted with the building permit application for approval by the Development Officer. Standard conditions are also recommend requiring curbing and paving of the parking area and landscaping of all undisturbed areas of the site on which parking, driveways and buildings are not located. Municipal Operations has recommended standard conditions requiring the preparation of a site drainage and stormwater management plan and servicing drawings for the site. Staff recommend these be Section 39 conditions for the rezoning. Staff also recommend that the developer complete a traffic study to review if a marked crosswalk is required at the intersection of Loch Lomond Road and the proposed Public Street and what impacts the proposed roadway connection of the proposed Public Street and Josselyn Road extension will have on traffic patterns on existing streets and if modifications to existing intersections and /or crosswalks are warranted. Staff are of the opinion this review is warranted as pedestrian demand may exist to cross Loch Lomond Road to access the commercial area at the Hickey Road intersection. In addition while the roadway connection will improve access to the Josselyn Road area eliminating a long dead end street, the traffic impacts of the connection to Loch Lomond Road should be assessed. Subdivision Access to the proposed site will be from a Public Street to be constructed from Loch Lomond Road, an approximate distance of 90 metres. Plans submitted by the applicant indicate that Josselyn Road will be extended eastward in the future to connect with the proposed Public Street. In addition, based on discussions with the applicant's surveyor, Staff are of the understanding that Josselyn Road will be extended easterly, beyond the intersection with the proposed Public Street to provide access to the parent property when it is developed. Staff recommend that a condition be attached to the rezoning requiring the connection and construction of the existing portion of Josselyn Road east of the proposed Public Street with the proposed Public Street. Staff also recommend that the necessary agreements be drafted to facilitate development of the proposed subdivision and that the Committee recommend that Council assent to the proposed Public Street. This will ensure that two dead end roadways do not exist in close proximity to one another improving the efficiency of snow removal operations. 151 Columbian Charities Council 6595 (2004) Inc. 1147 Loch Lomond Road Page 8 February 11, 2011 Lands for Public Purposes are not required for the proposed subdivision in accordance with Section 22(2) (d) of the Subdivision By -law. Requested Variances Two variances are required for the proposed development to: a) Permit a driveway within 10 metres of an intersection of two street lines; and b) Permit the development of a double frontage lot. The variance to permit a driveway within 10 metres of an intersection of two street lines is supported by Staff based on the understanding that the driveway will be directly across Josselyn Road from the proposed Public Street. With the extension of Josselyn Road to the east to provide access to the remaining lands in the future, Josselyn Road would be the through street with stop signs providing traffic control on the driveway and Public Street approaches to the intersection. Staff recommend that the location of the street and the requirement for a stop sign on the driveway approach to the intersections be conditions of the variance. With the construction of the proposed Public Street, the portion of the parent property immediately to the west of the new Public Street will constitute a separate lot with roadway frontage on both Josselyn Road and Loch Lomond Road. Section 17(4) of the Subdivision By -law prohibits the creation of a double frontage lot (access on two opposite ends of a lot). Staff are of the opinion that a variance to permit the creation of the lot is reasonable given that the lot can be subdivided and meet the frontage and depth requirements of the "RS -2" One and Two Family Suburban Residential zone. CONCLUSION: Staff is of the opinion that it is appropriate to re -zone the subject property to " "RM -1" Three Storey Multiple Residential given that it meets the intent of the Municipal Plan and its proximity to a District Centre. Standard Section 39 conditions are recommended to provide for site design, building design and landscaping standards along with a traffic study. The required variances for the creation of a double frontage lot and driveway location can be approved. The requested subdivision can also be approved. MR Project No. 11 -021 152 I PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT % R S 2 R S aK Wee throokAx % S I Ilk • $206040 V '19`�bS4 ............................... ................ C It PID(s)/N[P(s): Subject Site/site en question: SIM 00434548 (portion) Location- 1147 ch. Loch Lomond Rd. Date: January 25 janvier 2011 153 Y: li . I i. % R S 2 R S aK Wee throokAx % S I Ilk • $206040 V '19`�bS4 ............................... ................ C It PID(s)/N[P(s): Subject Site/site en question: SIM 00434548 (portion) Location- 1147 ch. Loch Lomond Rd. Date: January 25 janvier 2011 153 Y: li . I lfi 111 _..._ '♦ t � - — �J � } /t ,s+ 1 j a —Se Lot 0 -01 ° X. / '.6e— \ .___.....i'.\ 1.62 ha � r J, P.I.D. 003 629 .� � ` ` •_ � � ,(/ \ Barbao Crain, Donna oss, Gard rr G. Whitoke r, Fj+onald A. Whits r and Morie A. Whitaker 4Life tnterest) roperty G PI.D. 00312777 x J °(i Sp+Ingi °n Tentative Plan �erty Option 2 Ray Debly Subdivision, loch Lomond Road, City of Saint John, \ County of Saint John, Province of New Brunswick - g NOTES: ,. int""m ere in metre, and are of 2m i ty Photo They are derived from 2006 City OTM. 2. City Photo flown in 20116. ' 20 a 21 ao 10� \ W � so e° y —/ / •� -, /� "� II` Dik No Dw Job No. Date 0wg. Na. s. n• by - / 510171- Sketch -Revs 2010 fi.E.S. Y10171 OCt. 1B. 2010 lfi JIAU ?00 LO LO V- Corr- tc� im HUGHES SURVEYS & CONSULTANTS INC. 575 Crown Street HUGHES Saint John, NE. E21-5E9 mmmmmm� Phone: (5061634-1717;:nv- isminglAn'7ch Mark Reade Planning & Development Cit,� of Saint John 10t Floor, City Hall Project. Project No.: Y10 -242 Date: February 8, 2011 Forwarded from the printer By Hand Mailed under separate cover (X) Enclosed To be picked up Fax Approval O Review and Comment Distribution (X) Information and Use PER: Richaid Turnei- 157 M 4 Z 2 estions Thank you for your com ments and sugg /26 158 M A W/� r Thank you for your comments and suggestions 159 EIWAM h 0 0 a� I FEB-14 -2011 10:4e4 From: To: 1 P. 1/3 11• M City of Saint John Ir- 1 R aw 1 Tel: 674-4238 Fax: 658-2837 MOM Please see the attached 2 sheets with names opposed to the rezoning of 1147 Loch Lomond Rd to allow a multi-unit apartment building and we Oppose the extending of Josselyn Rd to join onto the proposed Columbus Court driveway leading to the proposed building, Please Note: The signatures attached represent 97% of the residents of Josselyn RI We believe the quiet way of life we now enjoy would be eroded if Josselyn Rd was extended and that Josselyn Rd would be unsafe as it was never designed for heavy traffic only single family use and would be unable to handle increased amount of vehicles from the proposed apartment complex and other vehicles now using Loch Lomond Rd. that wanted to avoid the traffic lights and take a short-cut to the malls. We believe that this rezoning would not only create a dangerous situation for families living on Josselyn Rd., we believe that the proposed apartment complex would increase traffic further on an already very busy Loch Lomond Rd. With Respect Ernie Taber (506) 696-8781 162 1 FEB-14-2oii 10:44 From: To: I P. 2/3 We, the undersigned oppose the re-zoning of 1147 Loch Lomond Road to allow for construction of a three-story, 42 unit apartment building because of the increase in traffic to a already heavily-used and busy Loch Lomond Rd. and the increase to area property taxes because of the construction Of a multi-million dollar apartment complex in the area. We also oppose the extension planned for Josselyn Rd, to meet up with the drive-way leading to the proposed apartment building, If re-zoning is approved, additional apartment buildings could quickly follow, adding further increases to traffic and taxes and eroding the quiet "country -like" setting this area now enjoys. 1. 2. 3. 4. S. 6. 7. 8. 9. 10. 11, 12. 13. 14, 15. 16, V, J 163 ,FEE3-14 -2011 10:44 From. To: 1 F.3/3 We, the undersigned oppose the re-zoning of 1147 Loch Lomond Road to allow for construction of a three - story, 42 unit apartment building because of the increase in traffic to a already heaviJy-use'd and busy Loch Lomond Rd. and the increase to area property taxes because of the construction of a multi-million dollar apartment complex in the area. We also oppose the extension planned for Josselyn Rd. to meet up with the drive-way leading to the proposed apartment building. If re-zoning is approved, additional apartment buildings could quickly follow, adding further increases to traffic and taxes and eroding the quiet "country-like" setting this area now enjoys. 2. 4, 91 91 Name: AdArm 91 10. in 1Z in 14. 164 Lockhart, LXnda Fromm: OnnCuUingn |hnan@nb.aibn.nonl Sent: February 07, 2011 10:41 AM /o: External Planning Subject: 1147 Loch Lomond Road Good morning We have received the proposed zoning application and would support it Thank you for your time OonCuUinon 0onald F. Cullinan Low Offices 56 Canterbury Street Saint John NB E2L 2C5 � Members of Common Council February 24, 2011 City of Saint John Attention: Elizabeth Gormley, Common Clerk Re: Proposed rezoning at 1147 Loch Lomond Rd "Common Council votes not to jeopardize public safety for a shortcut." This decision was made in 2006 by Common Council in response to the closing of McLean Street off the Westmorland Rd subdivision, thus eliminating a popular East Saint John shortcut. Closing this shortcut was made for safety reasons. With Common Council now being asked to vote on extending Josselyn Rd to provide a shortcut to Loch Lomond Rd as part of rezoning 1147 Loch Lomond Rd, we, the residents are asking for and we expect the same safety considerations given 5 years ago to another subdivision in East Saint John. Josselyn Rd was constructed in the early 1950's for the sole purpose of allowing access to home owners in this quiet subdivision. Over the years there has been no significant upgrades and to expect this narrow road to be used as a speedy shortcut would be very dangerous and would be a reckless decision by Common Council with a total disregard for the safety of the area residents. The attached photos show that Josselyn Rd is more lane than road, usable for the residents living here. But it is not suitable if opened up as a speedy shortcut to and from Loch Lomond Rd and the malls. The drivers wanting to use this shortcut would be the ones hoping to avoid the traffic lights which now regulate the safe flow of traffic. Josselyn Rd is only a single strip of pavement, there are no sidewalks, and having two cars pass is only possible if they slow down as they go by each other. With the many thousands of vehicles using Loch Lomond Road daily, even if only 1 % take the shortcut on Josselyn Rd, it could be a thousand cars a day. The residents are asking Common Council: "Is a 4 minute shortcut worth the lives of our children and seniors who walk on Josselyn Rd. Councillors, please recall your decision made in 2006: "Don't jeopardize public safety for a few minutes saved using a shortcut." For the February 14th meeting of the Planning Advisory Committee, Josselyn Rd residents signed a Petition where 97% asked not to have their road extended and made part of the rezoning application of 1147 Loch Lomond Rd. They asked this for safety reasons. The residents are asking again: "Is a 4 minute shortcut worth the lives of our children and seniors who walk on Josselyn Rd. In closing I am adding a recent remark by Mayor Court with respect to safety concerns on Douglas Avenue where he argued: "There isn't two lanes. — There was a half a lane for part of it and then it disappears to nothing.... —And it's treacherous... I came down there three or four times this week.... And I had to wait for vehicles to go by me to make sure that I wasn't going to collide with them. Councilors, ask yourself... "Is a 4 minute shortcut worth the lives of the children and seniors who use Josselyn Rd and vote not make our road extension part of 1147 Loch Lomond Rd rezoning. Wi espect J__ nie Maber 138 Josselyn Rd (696 -8781) 166 Photos of Josselyn Rd., February 22, 2011 y 167 to �� 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 N° 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 dune reunion du conseil communal, The City of Saint John as follows: The City of Saint John a d6cr&6 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 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. 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'arretd de The City of Saint John intitul6, «L'arret6 sur ('interruption de la circulation et ]a fermeture des routes dans The City of Saint John », d6cr&6 le 19 d6cembre 2005, est modifi6 par I'ajout de Iarticle 216 imm6diatement apres Particle 215, comme suit : 216 Par les pr6sentes, The City of Saint John barre et ferme de fagon permanente la portion dune route suivante : Rue Main : La totalite d'une partie de la Rue Main, une rue pubiique situ6e dans The City of Saint John, dans le comtd de Saint John et dans la province de Nouveau- Brunswick 6tant d6crite plus prdcis6ment 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 Pouest 43,19 metres longeant le cote nord de la Rue Main jusqu'au c6t6 est du NID 55151534. De 16, 20,12 m6tres longeant le c6t6 est du NID 55151534 jusqu'au cot6 sud de la Rue Main. De la, 41,35 metres vers Pest longeant ]e cote sud de la Rue Main jusqu'a 1'extr6mit6 ouest de la Rue Bridge. De la, vers Ie nord longeant le cot6 ouest de la Rue Bridge jusqu' a son intersection avec le c6t6 nord de ]a Rue Main, le point de d6part. Une 6tendue de terrain comprenant une superficie de 850 metres carr6s et 6tant ddsignde plus particulierement sur un plan d'arpentage indiquant une partie de la Rue Main, Ville de Saint John, Comt6 de Saint John, Nouveau - Brunswick, pr6par6 par Kierstead Quigley and Roberts Ltd., date du 21 d6cembre 2010 et sign6 par Steven R. Saunders, arpenteur- g6ometre du Nouveau - Brunswick. EN FOI DE QUOi, The City of Saint John a fait apposer son sceau communal sur le pr6sent arretd le ** * * * * ** 2011, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffi6re communale First Reading - February 14th, 2011 Premi6re lecture - le 14 f6vrier 2011 Second Reading — February 14th, 2011 Deuxieme lecture — le 14 f6vrier 2011 Third Reading - Troisieme lecture - .: rn CO IL « 1 6 s ^ Transport c/o Soint Jahn Port Aulhority S.. L ft— ewnt Volt kb— pot+ rm/xro eslwes+ gPZ .��by rM C�latwd tp h,gMV Sun►/r lto, i0D0 try. iaib �meu s�. wcnn Surytrs LM 1 0. t i Sri w ,nQF N 3� 0 CL U) �2 0 l U ro CD W �� 1. W 0 �.4 in, � IwY r - k1. re}M'". w M. 6, +I rue Bridge Street 1' � s L.1 ° °y z ZED 0 ch (0 �g r« in c 3069 x rue Bridge Street Oil Fliff Fit I !ilOil It F l P !f . . CF } ! IIPQ i T 1T 3� 0 CL U) m l I x rue Bridge Street Oil Fliff Fit I !ilOil It F l P !f . . CF } ! IIPQ oI- 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 N° BIA -2 ARRETE CONCERNANT LA CONTRIBUTION POUR L'AMELIORATION DES AFFAIRES Le conseil communal de The City of Saint John ddcr6te ce qui suit : L'arret6 concernant la contribution pour l'am6lioration des affaires de The City of Saint John d6cret6 le 3 janvier 2006 est modifi6 par : I Repealing section 2 thereof and inserting 1 ]'abrogation de ]'article 2 aux pr6sentes 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 51h 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 _ day of February, A.D. 2011 and signed by: Mayor /maire 2 Par la pr6sente, une contribution de 16 cents par tranche de cent dollars par rapport a la valeur fixee est impos6e pour 1'ann6e 2011 sur les immeubles non r6sidentiels situ6s a l'int6rieur de la zone d'am6lioration des affaires 6tablie en vertu de I'Arret6 n° BIA -1 relatif a la zone d'am6lioration des affaires 6dict6 le 5 janvier 2004. EN FOi DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arr6t6 le _, f6vrier 2011, avec les signatures suivantes : Common Clerk/Greffi6re communale First Reading - February 14'h, 2011 Premiere lecture Second Reading - February 10, 2011 Deuxi6me lecture Third Reading - Troisieme lecture 170 - le 14 f6vrier 2011 - le 14 f6vrier 2011 �VC>G February 22, 2011 Your Worship and Council Members: Subject: "Two Bags or Less" — A Personal Commitment to Waste Reduction As your representative on the Fundy Region Solid Waste Commission, I have the responsibility and benefit of receiving compost/recycling and solid waste results for our city. am also aware of the direct and indirect costs associated with solid waste to our community. Studies show that one of the best ways to reduce both waste and lower waste collection costs is to place a limit on the amount of garbage allowed for curbside pick -up. While we do not have limits at this time, I am suggesting and encouraging that the households in our city to make a commitment to reduce waste. It is easy and I am sure a large number of our residents already keep their waste at "two bags or less ", recycle at the blue bins, and compost. If we all committed to "two bags or less" it would be a positive step for the environment and a cost savings to our City. Visit the Fundy Region Solid Waste Commissions website (www.fundvrecycles.com), and add your name to the list and help convince others to commit to two bags or less /four bags or less per collection. Motion: Encourage our citizens to commit to "two bags or less" of residential waste Respectfully Submitted, Councillor Titus 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 171 February 28, 2011 Your Worship Mayor Ivan Court & Members of Common Council: Issue: Mobilizing Vacant Properties Into Urban Neighbourhood Revitalization Opportunities Context: The PlanSJ process [at this point] has allowed citizens to provide direction regarding growth opportunities for the City's future. • The Hemson Fiscal Analysis Report has identified the strengths of urban versus rural growth. • Council has proactively identified investment ($100,000) within the 2011 Capital Budget to mobilize vacant properties. • Urban neighbourhoods need new housing investment as a significant element of their revitalization. Action: Put into operation the thinking direction of citizens and the policy direction of Council to create housing growth opportunities within our urban neighbourhoods. Motion: That within the next month the City Manager meet with the Board of Saint John Non - Profit Housing to begin tactical discussions regarding mobilizing vacant properties into urban neighbourhood housing growth opportunities. Res fully bmitted, Peter McGuire Councillor –City of Saint John 1 4— %V SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, NA. Canada E2L 41_1 177 The City of Saint John February 24, 201 Mayor and Council Re: Waste Management program Council had been presented with a waste management plan that would consider the implementation of a cart system. The merits of this type of waste management service include: 1. Efficiency for the system 2. Safety for the workers 3. Convenience for the householder 4. Tidiness of the curb side (cart protects against animals and birds) 5. System is suitable for waste reduction efforts 6. Can be used either in a tax based service or user pay system or variations thereof The City of Fredericton system for waste management is one that provides homeowners an option to use carts or place bags at the side of the curb. Those residents that use the cart method can chose from 2 different size carts to match their household needs. Those that wish to use carts must purchase or lease the carts. The City of Saint John could implement this program, as trucks are already equipped with the cart arm currently used with the compost program. Attached is the relevant section of the report dealing with carts. Motion: Determine a neighbourhood in which this type of waste management service could be piloted for a period of 6 months. Regards Stephen Chase Deputy Mayor % - 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 178 User Pay Option - Solid Waste Management Service Report to Common Council, M& C 2009 -252 September I (J ", 2009 P a c 1 7 A comparison of benefits and drawbacks of the Bag Tag and the Mechanized Cart systems are summarized in the table below. Visibility of cost • Limits on volume • Funding outside of tax bill • Incentive to reduce • Visibility of cost • Limits on volume • Funding outside of tax bill Incentive to reduce A Bag Tag approach would continue to present many of the challenges that currently exist in managing solid waste. As it is difficult to determine the source of bagged refuse, 8 179 • Increased collection efficiency due to mechanization and standardization of operations w c • Reduction in cost due to injuries a� • Increase in service reliability • Better staff retention and ease of hiring • Cleaner neighbourhoods and streets • Storage capacity and better control of rodents, birds and other scavengers • Greater by -law enforcement • Capital costs to initially purchase effort necessary carts (and convert collection vehicles where a remote pick -up • Residents or business can pile arm is used) up their garbage on someone else's frontage for pickup A • Increased tendency to overfill bags, resulting in higher potential for worker injuries A Bag Tag approach would continue to present many of the challenges that currently exist in managing solid waste. As it is difficult to determine the source of bagged refuse, 8 179 User Pav Option - Solid Waste Management Sen�ice September 10 ", 2009 Repon to Coninion Council, M& C 2009 -252 Pa- e 18 some of the existing issues with illegal dumping or placement of garbage will continue. Alternatively, a Mechanized Cart system could significantly reduce such occurrences: ca Bagged refuse not in a cart will be clearly differentiated ce Violators will not be readily able to mask their garbage because there will be no piles of bagged refuse at curbside ca It will be easier to isolate and identify illegally placed bags The Bag Tag method would also do nothing to address some of the significant challenges facing solid waste service delivery, including relatively high rates of (repetitive strain) injuries and lost time, along with poor retention and attraction of personnel. Current household practices see a variety of packages placed for collection — from small plastic shopping bags to varying sizes and shapes of containers to loose and awkward refuse. We expect that residents would come to embrace a standardized cart system. With adequate public information, ongoing dialogue and carefully planned implementation, citizens will see advantages — easier refuse handling and tidier neighbourhoods. Neither system will stop violators who dump their garbage on back roads or in out of the way places; this will remain an enforcement challenge regardless of the fee system. Capital costs associated with a Mechanized Cart system of collection include the cost of the carts and the cost of modifications to improve fleet effectiveness. These are estimated at $2,150,000 and $480,000 respectively. The latter, although initially optional, reflects conversion to a remote pick -up "helping hand" arm on collection vehicles. A Mechanized Cart user -pay system, supported by a solid implementation plan, an ongoing dialogue in the community and clear diversion expectations, can achieve: ca Lower overall tipping fees as a result of increased waste diversion na Reduced Iabour and maintenance costs due to more efficient collection oa Reduced labour and overtime costs due to a reduction in lost -time injuries ca More cost- effective enforcement of illegal placement of garbage To help prepare for broad implementation across the city, we believe a pilot project for two representative routes would be very useful; one of those in a priority neighbourhood. It would help determine anticipated efficiency improvements, a likely distribution of cart sizes, capital cost estimates and appropriate yearly charges. A suitable pilot would also help the larger community, citizens, service providers and the Council gain a better appreciation for the challenges associated with the new approach. :1 User Pay Option - Solid Waste Management Service September I dr', 2009 Report to Common Council, M& C 2009 -252 P u r 19 POSSIBLE USER -PAY SERVICE MODEL Eligible residential `customers' would be billed for the cost of their solid waste service — probably through the water utility bill. The rate for a household would be dependent on the capacity of the bin involved; something like the charges (estimates) noted below. In addition, each household could be provided up to Eve `free' bag tags per year to be used for occasional increases in waste volume (i.e. Christmas time or other holidays). The fee structure would be designed to collect the full cost of providing the residential solid waste service, excluding litter and special activities. Currently, those costs would amount to about $3.8 million distributed across 21,900 households. The costs of purchasing and distributing the carts would have to be appropriately amortized through the fee structure. There would be no separate charge for waste diversion services such as the compost cart or blue bin recycling facilities operated by the FRSWC. Costs would be recouped entirely through the charges for refuse containers. A service model based on this approach would recognize and benefit those citizens with good solid waste practices. With fair and equitable cost allocation, people who are responsible about their garbage would not be subsidizing those who are not. Residents would be able to see the cost of refuse collection and disposal, and would have a level of control over those costs. Households setting out more waste would pay more; those setting out less would pay less. Combined with a good communications plan and ongoing community consultation, this approach could create a powerful incentive to reduce waste and make better use of the green cart and recycling facilities. RECOMMENDATION It is recommended that Common Council consider the merits of a user -pay funding option for the residential solid waste service and, if it opts for such an approach, direct that a detailed solid waste service strategy and implementation plan be prepared based on the required dialogue with stakeholders and other considerations outlined herein. Respectfully submitted, J.M. Paul Groody, P.Eng. J. Patrick Woods, CGA Commissioner, Acting City Manager Municipal Operations & Engineering 01 181 X1,,11 C Mayor and Council Re: Water dispute with Town of Rothesay At its meeting of February 21, 2011 Council adopted the following resolution based on legal advice: RESOLVED that as recommended by the Committee of the Whole (Closed Session), the City Solicitor or his designate be authorized to commence legal proceedings against the Town of Rothesay before the Court of Queen's Bench of New Brunswick arising from the Town of Rothesay's breach of a 1996 Agreement between its predecessor, the Village of Renforth, and The City of Saint John respecting the supply of water by The City of Saint John to the areas known as Kennebecasis Park and Hastings Cove in the Town of Rothesay. This resolution, in that its sets out a certain course of action, does not preclude the opportunity for further dialogue between the parties. To this end and in the spirit of cooperation among two communities that are economically and socially integrated, I would like council to pursue dialogue to achieve resolution of this issue and the examination of where Saint John and Rothesay could work to together to develop its water systems in co operative and mutual benefit. Motion: Members of the Saint John Water Ulitity Commitee request a meeting with representatives of the Town of Rothesay. Stephen Chase Deputy Mayor , 4! n�a- r 1W SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 40 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 �------ I 182 REPORT TO COMMON COUNCIL o, February 28, 2011 The City of Saint John Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Designation of "head" of the City of Saint John under the Right to Information and Protection of Privacy Act (RTIPPA). BACKGROUND: RTIPPA came into force on September 1st, 2010, and is being applied to public bodies in three distinct phases. Municipalities will become subject to RTIPPA in the third phase which is now expected to be in the fall of 2011. The Provinces of New Brunswick and Prince Edward Island are the only jurisdictions in Canada in which municipalities are not yet subject to Access & Privacy legislation. RESOURCE REQUIREMENTS: The resources required to comply with RTIPPA are difficult to quantify. The Chief Access and Privacy Officer for the Province of New Brunswick has estimated that we may receive between 100 -200 requests in our first year. Needless to say, the resources required to respond to these requests will vary as they will range from the routine one -off to large disclosures requiring much processing. Given that the cost of administering the access to information regime in the Government of Canada amounts to nearly $2,000 per request, we can expect RTIPPA to introduce new and significant financial and human resource demands for our various departments and, most acutely, the Common Clerk's Office and the City Solicitor's Office. ANALYSIS: Municipalities must name a "head" under RTIPPA which directs that "in the case of a municipality ... the person or group of persons (must be) designated by by -law or resolution ". Generally speaking, the "head" is responsible for all decisions and actions under RTIPPA. The main duties of the "head" would, however, include the following: • making decisions about granting or denying access requests and signing response letters; • deciding when extensions to response times are necessary; • providing formal notice to third parties and hearing responses; • monitoring overall performance under RTIPPA; • ensuring that personal information is managed as required under RTIPPA; and • dealing with the Office of the Access to Information and Privacy Commissioner on complaint investigations, privacy investigations and audits. In addition, the "head" would have the power to delegate to any person on her or his staff any duty or power of the "head ". Lastly, the "head" would also need the highest level of security 2 Report to Common Council Subject: Designation of "head" under RTIPPA clearance in order to access and evaluate both personal and confidential information held by the City of Saint John. The responsibilities of the Common Clerk with respect to Records & Information Management are longstanding and were originally established in The Charter of the City of Saint John. To this day, the Common Clerk remains the designated municipal officer responsible by statute for maintaining the official records of the City of Saint John. A survey of the 25 largest municipalities in Canada (with populations ranging from 170,000 to 2.5 million) confirms that it is the City Clerk who is typically the designated authority, or "head ", in most municipalities. As the City Clerk is the official link between Common Council and the public, the Common Clerk is the logical individual to appoint as "head ". Lastly, there is a strong relationship between Records & Information Management and successful Access & Privacy programs. This was emphasized by Anne Bertrand, the province's new Access to Information and Privacy Commissioner, in a meeting in the fall of 2010 with the City Clerks of Saint John, Fredericton and Moncton. This relationship is perhaps best captured by a statement within the Code of Practice on the Management of Records (UK): Any freedom of information legislation is only as good as the quality of the records to which it provides access. Such rights are of little use if reliable records are not created in the first place, if they cannot be found when needed or if the arrangements for their eventual archiving or destruction are inadequate. In order for the City of Saint John to develop a successful and fully compliant Access & Privacy program, the organization will need to embrace good corporate Records & Information Management practices. RECOMMENDATION: In view of the foregoing, I propose the following language for a resolution of Common Council: RESOLVED that the Common Clerk be designated by by -law as "head ", as that term is defined in and for the purposes of the Right to Information and Protection of Privacy Act, and that the City Solicitor be directed to prepare a by -law for presentation to Common Council at a subsequent meeting which so appoints the Common Clerk to the role of "head ". Respectfully submitted, David Burke Elizabeth Gormley Privacy, Access, Records and Information Common Clerk Management Officer City of Saint John City of Saint John City Solicitors Office Bureau de Pavocat municipal The City of Saint John February 24, 2011 Common Council of The City of Saint John Your Worship and Councillors: Re: Harbour Cleanup Project Pursuant to a resolution of Common Council adopted December 21, 2009 and amended January 18, 2010, the Mayor and Common Clerk on January 19, 2010 signed a Memorandum of Understanding (MOU) dated February 8, 2010 with, among others, Universal Sales, Limited (Universal) to acquire from Universal an easement from lands located on the northern side of Thorne Avenue (PID 18994 and PID 55206767). All acquisitions being in connection with the ongoing Harbour Cleanup Project. The resolution of December 21, 2009, amended January 18, 2010, has been further amended by resolutions adopted March 15, 2010 and April 12, 2010. The MOU provided for a closing date of January 19, 2011; however closing did not take place on that date. The land areas cited in the MOU were based upon calculations with the proviso that the final areas would be by survey and the surveyed area would be determinative. As these lands are, I am advised, still required for the Harbour Cleanup Project, the following resolution would be appropriate: l� SAINT JOHN ... /2 P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 185 Common Council February 24, 2011 Re: Harbour Cleanup Project City Solicitor Page 2 RESOLVED that the Memorandum of Understanding dated February 8, 2010, as amended, between Universal Sales, Limited et al and The City of Saint John be amended at paragraph 10(d) by deleting "January 19, 2011" and substituting therefor "May 31, 2011 ". Respectfully Submitted, —4A4ee- '11�� John L. Nugent City Solicitor :. OPEN SESSION February 25, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: Subject: CAPITAL FINANCING The attached Notice of Motion has been prepared as a first step in the permanent financing of certain Capital Projects. The purpose of the issue is summarized on the attached schedule. The giving of this Notice of Motion does not commit the City to any further action. It does, however, place the City in a position to take action after the expiry of 30 days at such time as bond market conditions and opportunities permit. At this stage, it is not necessary to set limits with respect to the coupon rate or the terms for which bonds are to be issued. These will be established at a later date and will be related to the market conditions at that time. Respectfully sub Gregor �omans, CGA, MBA Comm s' ner of Finance 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 187 NOTICE OF MOTION His Worship the Mayor gave the following Notice of Motion. "I do hereby give Notice that I will, at a meeting of Common Council held after the expiration of thirty days from this day, move or cause to be moved, the following resolution: Namely, RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements, that is to say: (Details to be read from "Purpose of the Issue ")." THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $ 41,000,000. The City of Saint John Proposed issue of Debentures To Be Dated On or After March 30, 2011 Purpose of Issue GENERALFUND General Government $ 2,000,000 Protective Services $ 7,500,000 Transportation Services $ 10,500,000 Economic Development $ 3,500,000 Parks and Recreation $ 3,500,000 WATER & SEWERAGE UTILITY Water System $ 7,000,000 Sewer System $ 7,000,000 TOTAL :• 27,000,000 14,000,000 $ 41,000,000 REPORT TO COMMON COUNCIL M &C2011 -37 February 24, 2011 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Members of Council, SUBJECT: DRINKING WATER TREATMENT FACILITY - SITE ACCESS BACKGROUND r* , The City of Saint John Drinking water is a cornerstone of public health, quality of life, business and a sustainable economy. Reports on the Action Plan for Safe, Clean Drinking Water (M &C 2010 -80, 2010 -168 and 2010 -247) set out a strategy to challenge the status quo and make necessary improvements to the drinking water service. Organized around 9 topic areas, it builds on earlier submissions and concludes with a series of 20 recommendations towards assuring quality drinking water. Among the directions taken by Council were the following: 1. Complete site - specific preliminary designs for the treatment plant. 2. Conduct an environmental impact assessment for the new drinking water treatment facility and site works at the Little River Reservoir location. 3. Direct the City Solicitor to identify an appropriate process to secure access to all lands required for the new water treatment facility at the Little River Reservoir site. In January 201 1 , (M &C 2011-14) the proposal of R.V. Anderson Associates (RVA) to undertake the site specific preliminary design of water treatment facilities was accepted by Council. This work includes onsite topographic surveys and geotechnical sampling, which includes digging and drilling holes and removing some trees for rig access. This work is scheduled to start as soon as possible. The scope of work for the environmental impact assessment is currently being developed. The site investigations for the EIA are planned to start in the spring and include extensive fieldwork and analysis of the land, vegetation and aquatic habitat. ANALYSIS The land parcels for the treatment plant site are owned by the City and currently leased to Irving Oil Limited for a nominal amount. SAFE, CLEAN DRINKING WATER 190 02 DRINKING WATER TREATMENT FACILITY - SITE ACCESS PAGE 2 The City Solicitor's office has advised that the City has the right to enter the lands to conduct activities related to its business. Relevant lease provisions include: "2(c) The City reserves the right to retain, maintain and repair any pipelines, easements, or rights and water privileges through the Little River Watershed and shall have other easements for the City's requirements, across the said watershed in future, and nothing in this agreement contained shall prevent the City by its officers, servants and workmen from time to time and at all times during the continuation of this Lease entering upon the said described lands for the purpose of making repairs to its pipelines or for any other purpose that the City may deem desirable in connection with its business." "2(f) The City also reserves the right to remove gravel and fill, and to cut and remove trees from the lands hereby demised where such removal and cutting will not interfere with the operations of the company, and ... all without compensation to the Company." Conducting necessary tests and site investigations in order to prepare a site specific design and to undertake the environmental impact assessment for the new water treatment facility are certainly "desirable in connection with the City's business ". The provision of water services to citizens is a fundamental aspect of the City's business. The purpose of this report is to recommend that Council adopt a resolution that states clearly the proposed work is part of the City's business of providing water and wastewater services to citizens. The City will notify the Lessee in writing of its intention to enter the leased lands and to ensure that the activities do not interfere with the Lessee's operations. RESOLUTION It is recommended that Common Council adopt the following: Let it be resolved that the engineering services relating to the site specific Preliminary Design of the Saint John Drinking Water Treatment Facility at Little River retained by the City pursuant to a resolution adopted January 17, 2011 from RV Anderson Associates Limited and environmental impact assessment work to be undertaken are deemed desirable in connection with the City's business to provide water and wastewater services to its citizens. Respectfully submitted, J.M. Paul Groody, P. Eng. Commissioner, Municipal Operations and Engineering SAFE, CLEAN DRINKING WATER x 191 J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL February 23, 2011 M &C2011 -34 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Overnight Winter Parking Restriction on Lancaster Street BACKGROUND 71r � I The City of Saint john At its February 14, 2011 meeting Common Council resolved "that the City Manager 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." This report provides this advice from staff. Council had considered and accepted staff's recommendations on January 17, 2011 (M &C 2011- 8) neither to exempt this section of Lancaster Street from the Overnight Winter Parking Restriction nor to provide for alternate side parking provisions during the winter and overnight period. These recommendations were among several others across the City in response to citizen - requested exemptions to this Restriction. The City's Traffic Engineer had evaluated each request referencing a common set of criteria communicated to Council via M &C 2010 -25. Some other requests resulted in recommended exemptions to the Restriction in the same January 2011 staff report as they were consistent with these criteria. ANALYSIS Steps to Provide for Alternate Side Parking Implementing an Amendment to the City's Traffic By -Law comprises the steps necessary to provide for alternate side parking on Lancaster Street between Clarence Street and Sutton Street. Common Council would first direct the City Solicitor to put in proper form and translate an Amendment. The Amendment would include the addition of this section of Lancaster Street to both Schedule H (Alternate Side Parking, nightly and during the winter months) and Schedule R (Streets exempted from the Winter Overnight Parking Restriction). The City Solicitor would present the Amendment at a subsequent Regular Council meeting and Common Council would 192 M &C2011 -34 February 23, 2011 Page 2 consider three Readings of the Amendment, which typically occurs over two consecutive Council meetings. If and when the Amendment becomes part of the by -law via Council endorsement, staff from the City's Pedestrian & Traffic Management Service would install Alternate Side Parking signage on the section of Lancaster Street to make this Amendment enforceable. The staff recommendation in this report initiates this process. Evaluation of Lancaster Street Relative to Restriction Exemption Criteria M &C 2010 -25 outlined the criteria used to evaluate requests to consider exemptions to the Winter Overnight Parking Restriction. In addition to engineering judgment, the City's Traffic Engineer completes a site visit to identify if off - street parking is available at the property in question or land is available to convert to off - street parking, if near -by business or institutional properties have excess parking available to share, if near -by street blocks are already exempt from the Restriction, and if near -by residential properties have a similar capacity issue suggesting a systemic problem. Space for one vehicle per residential unit at a property (i.e. three spaces for a 3 -unit building) is generally considered sufficient parking demand. Although overall context is important in each analysis, the evaluation completed for this section of Lancaster Street and reported in M &C 2011 -8 focused mainly on the single property owner that raised the original concern. A broader analysis is presented in this report based on Councillor Norton's letter and the Traffic Engineer's further discussions with property owners on the street block and another site visit. Four adjacent property owners on the south side of this block of Lancaster Street identified in the below aerial photograph appear to have concern over the availability of off - street parking. None of the four properties have a driveway that front a public street. Instead, a common lane accessed from the adjacent Clarence Street (highlighted red in the aerial photograph) leads to off - street parking at the rear of each property that otherwise would be a typical back yard. Although one of the property owners was unclear of their legal rights to use this lane, particularly as it appears to cross a property that fronts Clarence Street, the lane is clearly established and used by the property owners. The parking area that appears to be designated for each property is outlined in the same colour as the civic number of the property for clarity. Property 391 -393 Lancaster Street is a 2 -unit residential property. A parking area for two vehicles (highlighted by the yellow box on the preceding aerial photograph) is available at the end of the common lane. Although inconvenience would be experienced at times as the vehicle for one unit would block the vehicle for the second unit, the criterion of one parking space per residential unit is satisfied for this property and an exemption would not be recommended. 193 M &C2011 -34 February 23, 2011 Page 3 Property 395 Lancaster Street is a single family house. Parking for two vehicles (highlighted by the blue box) is available for this property, which meets and exceeds the criterion. Property 397 Lancaster Street is also a single family house. The established driveway for this property (highlighted by the orange box) appears to accommodate one vehicle, which meets the criterion. The owner of this house has communicated he owns two vehicles. Land, albeit existing greenspace, for a wider driveway is available to accommodate this second vehicle to the right of the orange box. During a recent site visit, the Traffic Engineer observed the establishment of this second parking space already over the greenspace. Property 403 Lancaster Street is a 3 -unit residential property. The established driveway for this property (highlighted by the green box) appears to accommodate a minimum of two vehicles. A third vehicle may be able to be currently accommodated but the Traffic Engineer was unable to confirm this during the recent site visit given the presence of snow, particularly given the location of the established snow banks surrounding the parking area. The presence of the third vehicle, if possible, would cause blocking of at least one of the two other vehicles, which again would be an inconvenience. Conversion of the approximately 3 metre wide strip of greenspace between the parking area and the common lane into parking area would allow at least three parking spaces that would satisfy the criterion. These spaces could also be perpendicular to the common lane, which would remove the inconvenience of blocking another vehicle. Provided that all four properties satisfy the criteria for off - street parking, staff cannot recommend exempting Lancaster Street from Sutton Street to Clarence Street for the purpose of providing additional on- street parking for these properties. Re- Evaluation of Restriction Exemption on Sutton Street Sutton Street is currently exempt from the Winter Overnight Parking Restriction. Sutton Street and all other surrounding streets that are exempt are highlighted red in the adjacent map. The section of Lancaster Street between Sutton Street and Clarence Street is highlighted green for context. The Traffic Engineer re- evaluated Sutton Street during his site visit based upon the concern raised in Councillor Norton's letter and agrees that the steep grade, short length and narrow width of this street do not make it a good fit for on- street parking. Sutton Street should therefore be removed from the list of exempted streets. The on- street parking capacity eliminated from Sutton Street would still need to be accommodated. The before - mentioned section of Lancaster Street between Sutton Street and Clarence Street is immediately adjacent to Sutton Street and is therefore a good alternative to Sutton Street for on- street parking and should be added to the list of exempted streets, complete 194 M &C2011 -34 February 23, 2011 Page 4 with alternate side parking. In addition to the steps necessary to affect change on Lancaster Street, Sutton Street should be removed from Schedule R of the Traffic By -Law. RECOMMENDATIONS In order to commence implementing the steps directed through Common Council's motion of February 14, 2011 and the associated change to Sutton Street, staff recommends that Council amend the Traffic By -Law as follows and request the City Solicitor place it in proper form and translate: 1. Add Lancaster Street with limits Sutton Street to Clarence Street to Schedule R (streets exempted from the Overnight Winter Parking Restriction); 2. Add Lancaster Street with limits Sutton Street to Clarence Street to Schedule H (nightly alternate side parking during the winter period); 3. Delete Sutton Street with limits City Line to Lancaster Street from Schedule R. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick, Woods, CGA City Manager 195 jrr - February 28, 2011 Deputy Mayor and Councillors Subject: Recommended Appointments to Committees The Committee of the Whole having met on February 21, 2011 makes the following recommendations: Power Commission of The City of Saint John: to appoint Chris Cook for a three year term from March 13, 2011 to March 13, 2014. Economic Development Task Force: to appoint Mayor Court and Councillor Titus as Co- chairs and to appoint Councillor McGuire, Councillor Higgins, Margaret Ann Blaney, Kathy Craig, Tony Goguen, John Irving and Dale Knox as members for a term from February 28, 2011 until the final report is presented to Council. Pro Kids: to reappoint Danny Jardine for a term ending December 31, 2011; Gerry Maher, Katie Langmaid and Kathryn Davison for terms ending December 31, 2012; and to appoint Jacqueline Thibodeau, Lisa Frechette and Andrew Green for terms ending December 31, 2012. Taxation Review Committee: to appoint Anne Murphy for a term from February 28, 2011 to December 31, 2011. Non - Profit Housing Committee: to reappoint Richard Gradon, Wayne Wolfe, Donald Gillis and D. MacGregor for terms from March 3, 2011 to March 3, 2014. Heritage Development Board: to appoint Gordon Hewitt for a three year term from February 28, 2011 to February 21, 2014. Mayor Ivan Court e4 - SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L4L1 I www.saint}ohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L4L1 196 February 16, 2011 Your Worship and Councillors: SUBJECT: Secord Subdivision, Phase 2 Abigail Place (Project File: 2377 Loch Lomond Road) The Planning Advisory Committee considered the attached report concerning the above subdivision at its February 15, 2011 meeting. The applicant (Rick Turner of Hughes Surveys & Consultants Inc.) appeared before the Committee in support of the application. There were no other presentations made concerning this matter, and no letters were received from surrounding property owners. After considering the report, the Committee resolved to adopt the staff recommendation, which is set out below for your convenience. The Committee also granted the requested variances. RECOMMENDATION: 1. That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Secord Subdivision, Phase 2 tentative plan, as well as to any necessary public utility easements, on the following conditions: (a) The turnabout at the end of the proposed Abigail Place extension must be redesigned in order to satisfy the Subdivision By -law; and (b) Suitable notations must be placed on any final subdivision plan for this subdivision indicating that above mound private on -site septic disposal systems and water treatment will likely be necessary for all lots. 2. That Common Council assent to the proposed Land for Public Purposes dedications, as illustrated on the submitted Secord Subdivision, Phase 2 tentative plan, having an approximate total area of 11,030 square metres. 197 -2- 3. That Common Council authorize the acceptance of necessary 6 metre (20 foot) wide drainage easements, as generally illustrated on the submitted Secord Subdivision tentative plan, on the following conditions: (a) These drainage easements must be clearly shown on the final subdivision plan indicating the purpose thereof, as well as the necessary instruments registered against the subject land giving the City of Saint John the right to maintain and improve these drainage courses; and (b) The development of the drainage courses within these easements must be in accordance with a detailed drainage plan approved by the Chief City Engineer or his designate. 4. That Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate, and the work associated for the drainage courses mentioned in clause (3). Respectfully submitted, Colin Murray Chairman MO Project No. 10 -432 •m DATE: FEBRUARY 11, 2011 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING • PLANNING AND DEVELOPMENT FOR: MEETING OF FEBRUARY 15, 2011 PREPARED BY: REVIEWED BY: Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Name of Owner: Location: PID: Municipal Plan: Zoning: Proposal: Type of Application: Ken Forrest, MCIP, RPP Commissioner Hughes Surveys & Consultants Inc. Moosehorn Developments Ltd. Abigail Place (Project File: 2377 Loch Lomond Road) 55196588 (portion thereof) Unserviced Residential "RR" One Family Rural Residential To undertake a second phase of a rural residential subdivision consisting of approximately 12 lots abutting a public street. Subdivision and Variances that would: (a) Reduce the minimum lot width requirement of 60 metres to approximately 54 metres; (b) Reduce the minimum lot depth requirement of 40 metres to varying depths between 10 to 80 metres; and 199 Secord Subdivision, Phase 2 Abigail Place (Project File: 2377 Loch Lomond Road) Page 2 February 11, 2011 (c) Increase the maximum cul -de -sac length standard from 105 metres to approximately 350 metres. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and public utility easements, as well as the authorization of City /Developer Subdivision Agreements. The Act also authorizes the Committee to grant reasonable variances from the requirements of the Zoning and Subdivision By -laws. The Committee can impose conditions. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Secord Subdivision, Phase 2 tentative plan, as well as to any necessary public utility easements, on the following conditions: (a) The turnabout at the end of the proposed Abigail Place extension must be redesigned in order to satisfy the Subdivision By -law; and (b) Suitable notations must be placed on any final subdivision plan for this subdivision indicating that above mound private on -site septic disposal systems and water treatment will likely be necessary for all lots. 2. That Common Council assent to the proposed Land for Public Purposes dedications, as illustrated on the submitted Secord Subdivision, Phase 2 tentative plan, having an approximate total area of 11,030 square metres. 3. That Common Council authorize the acceptance of necessary 6 metre (20 foot) wide drainage easements, as generally illustrated on the submitted Secord Subdivision tentative plan, on the following conditions: (a) These drainage easements must be clearly shown on the final subdivision plan indicating the purpose thereof, as well as the necessary instruments registered against the subject land giving the City of Saint John the right to maintain and improve these drainage courses; and (b) The development of the drainage courses within these easements must be in accordance with a detailed drainage plan approved by the Chief City Engineer or his designate. 200 Secord Subdivision, Phase 2 Abigail Place (Project File: 2377 Loch Lomond Road) Page 3 February 11, 2011 4. That Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate, and the work associated for the drainage courses mentioned in clause (3). That the Planning Advisory Committee grant the following variances from the requirements of the Zoning and Subdivision By -laws for the submitted Secord Subdivision, Phase 2 tentative plan that would: (a) Reduce the minimum lot depth requirement of 40 metres to a varying depth between 10 metres to 80 metres for Lots 10 -16 & 10 -27; (b) Reduce the minimum lot width requirement of 60 metres to approximately 54 metres for Lots 10 -21, 10 -22 & 10 -23; and (c) Increase the maximum cul -de -sac length standard of 105 metres to approximately 350 metres for the proposed extension of Abigail Place. BACKGROUND: On June 2, 2009 the Planning Advisory Committee considered a subdivision application by Hughes Surveys and Consultants Inc., on behalf of the landowner Moosehorn Developments Ltd., seeking permission to undertake a rural residential subdivision consisting of approximately 12 lots abutting new public streets (see Secord Subdivision, Phases 1 and Future Phases tentative plan). The area had been redesignated and rezoned to "RR" One Family Rural Residential back in 1987 to allow for such unserviced residential development. The Committee had considered a similar application earlier on May 20, 2008, but the design had to be revised in accordance with the requirements of the N.B. Department of Environment with respect to wetland delineation. This revised plan resulted in only 7 lots being created in the initial phase of this development (see Secord Subdivision, Phase 1 registered plan). INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments regarding this application: (a) The developer's engineering consultant must provide to the City a detailed engineering storm drainage report and drawings for review and approval. (b) Detailed engineering plans, including proposed easements, must be submitted to the City by the developer's engineering consultant for review and approval. It is noted that drainage easements are shown on the tentative subdivision plan. The location and size of these easements will be confirmed once the engineering plans have been considered. 201 Secord Subdivision, Phase 2 Abigail Place (Project File: 2377 Loch Lomond Road) Page 4 February 11, 2011 (c) There is no municipal water or sanitary infrastructure available for this development. (d) The proposed cul -de -sac exceeds the current Subdivision By -law length standard; however, given the existing topography and presence of delineated wetlands this Department does not object to the requested length, provided it is constructed in accordance with an approved engineering plan satisfying all other requirements of the Subdivision By -law. Buildings and Inspection Services has been advised of this application. Saint John Fire Department has indicated that the road network will require to be accessible year round and be designed to support the expected loads and widths imposed by firefighting equipment, as per the National Building Code of Canada (2005), Section 3.2.5.6 "Access Route Design." Saint John Transit has advised that service to this area is only along Loch Lomond Road. Ideally there should be a Park and Ride facility near Loch Lomond Road to service local residents. Leisure Services has been advised of the proposed Land for Public Purposes dedications. N.B. Department of Health has advised that due to the poor soil conditions in the area all proposed lots will need to employ above mound private on -site septic disposal systems in order to be made suitable for development. N.B. Department of Environment has reviewed the Abbreviated Water Supply Assessment report prepared by Fundy Engineering for the proposed Secord Subdivision, Phase 2, as well as other pertinent records available to their Department, and has provided the following comments: (a) The data indicates that well yields in the area appear to be adequate to support the water demands for a one - family dwelling, and when low well yields appear to be an issue additional storage conservation methods might be undertaken. (b) Records indicate that the groundwater encountered in the proposed development will likely require treatment, which might be easily addressed with commercially available systems, including water - softening, filtration, and reverse osmosis technologies. The cost for water treatment will vary depending on the chosen system, which would also have to be properly maintained by the homeowner. (c) It is recommended that the developer disclose to any potential lot purchaser the possibility of requiring water treatment so that they are fully aware of the issue and can plan for the expense. Potential homeowners should be reminded that any wells must be properly constructed (with a good casing, grout in annular space, minimum setback distance maintained according to the regulation) and tested prior to consumption to determine if any specific parameters require water treatment. School District 8 has been advised of this further phase of the rural residential subdivision. 202 Secord Subdivision, Phase 2 Abigail Place (Project File: 2377 Loch Lomond Road) Page 5 February 11, 2011 Saint John Energy has indicated that there are overhead facilities in the area that can be extended in order to provide service. Bell Aliant has been advised of this proposal. Rogers has been advised of this application. Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline have no concerns with this proposed development. ANALYSIS: Subject Property and Neighbourhood The subject area is situated north of Maria Crescent in East Saint John (see location map). The site is primarily covered with trees, and Graham's Brook is located along the north. There is also another watercourse running through an existing 3.75 hectare Land for Public Purposes dedication to the south between the proposed development area and Sunrise Park Subdivision (Marie Crescent), another rural residential subdivision. The initial phase of the Secord Subdivision is situated immediately to the east of the subject area. That phase of the development consisted of two new public streets (Secord Street and Abigail Place) along with 7 residential lots (originally there were 12 lots proposed — see Background). The Greenwood Subdivision is situated further east. This older subdivision was developed at a higher density with a communal sewer system and private drilled wells. The lands to the north have remained undeveloped and are covered by a dense forest. Development Proposal and Consideration of Requested Variances The applicant is seeking permission to undertake another phase of the Secord Subdivision. The submitted tentative plan would extend Abigail Place (public street) to the southwest in order to create 12 additional unserviced residential lots in this rural residential subdivision. As mentioned above, in 2009 the City approved the initial phase of this subdivision, which created 2 new public streets (Secord Street and Abigail Place) with 7 unserviced building lots. It was anticipated that this phase of the development would provide a street connection between the Greenwood Subdivision and the nearby Sunrise Park Subdivision, as well as possibly provide future access to the undeveloped lands to the west and north. Due to topographical constraints, including delineated wetlands, this will be the last phase of this rural residential subdivision, with the exception of the possibility of further building lots within the Phase 1 area (subject to approval by N.B. Department of Environment). The proposed lots for this second phase of the development can satisfy the Zoning By -law ( "RR" One Family Rural Residential zone) requirements, which include a minimum lot area of 5000 square metres, a minimum lot width of 60 metres, and a minimum lot depth of 40 metres, except as follows: 203 Secord Subdivision, Phase 2 Abigail Place (Project File: 2377 Loch Lomond Road) Page 6 February 11, 2011 (a) The lots abutting the turnabout (Lots 10 -21, 10 -22 & 10 -23) all have reduced widths of 54 metres (at the front yard setback); and (b) Lot 10 -16 has a varying depth between 38 to 70 metres, and Lot 10 -27 has a varying depth between 10 to 80 metres. In addition to the above mentioned lot variances, the applicant is also seeking a variance to allow the proposed extension of Abigail Place to be approximately 350 metres in length. The Subdivision By -law only allows a maximum length of 105 metres. The Planning Advisory Committee granted the similar variances for the initial phase of this subdivision development back in 2008. In particular, the Committee granted the same lot width variances for the three lots (Lots 07 -11, 07 -12 & 07 -13) abutting the turnabout at the other end of Abigail Place. The Committee also granted depth variances varying between 20 metres to 71 metres for other certain lots, and increased the maximum cul -de -sac length standard to approximately 145 metres for that portion of Abigail Place. In considering these previous variances the staff report indicated that, "the lots with reduced depth or width contain more than sufficient area to accommodate the construction of one - family dwellings. These variances are considered reasonable, and, therefore recommended for approval." The requested variances for this second phase are very similar in nature and are also recommended for approval on the same basis. With respect to the variance relating to the length of Abigail Place, this variance is recommended in light of the inability to further extend and connect Abigail Place to another street due to topographical constraints and delineated wetlands, the limited number of lots abutting this portion of the street, and the proposal to construct a proper turnabout that satisfies the Subdivision By -law in all other respects, provided the applicant is required, as recommended, to revise the turnabout so that it is either symmetrical about the centreline of the street, or the entrance of the roadway loop is in line with the entrance of the street. The proposed 46 metre diameter of the turnabout exceeds the 37.5 metre By -law standard. Municipal Development Plan and On -Site Servicing The Municipal Development Plan has designated the general area as Unserviced Residential. This Plan designation supports the development of rural residential subdivisions, which are planned subdivisions with new streets and unserviced residential lots. Rural residential subdivisions are approved on the basis that they are permanent features of the outlying areas of the city. Therefore, it's vital that the suitability for private on -site facilities (i.e., septic disposal systems and wells) is carefully considered. Both the Provincial Departments of Health and Environment have been consulted in determining this suitability. N.B. Department Health has indicated that due to poor soil conditions the proposed lots will have to be modified in order to be made suitable for the installation of on -site septic disposal fields. This will require the importation of appropriate fill material in order to construct above mound systems. This is not an uncommon situation. 204 Secord Subdivision, Phase 2 Abigail Place (Project File: 2377 Loch Lomond Road) Page 7 February 11, 2011 With respect to N.B. Department of Environment, An Abbreviated Water Supply Assessment has been submitted to them by the consultant (Fundy Engineering) for consideration. This report and additional information has been analyzed by Environment, who has concluded that there should be suitable quality and quantity of well water for these proposed lots. There will likely be a need for water treatment and possibly water conservation. It is recommended that a notation be placed on the final subdivision plan for the benefit of potential lot purchasers indicating the likelihood of these requirements. In the previous phase of this subdivision, Environment had indicated that there were wetlands on the subject property that had to be delineated prior to proceeding with the development. The consultant (Fundy Engineering) undertook this delineation, including further delineation of the wetlands within the subject site. These wetlands are illustrated on the registered subdivision plan for Phase 1 and the submitted tentative plan for Phase 2. No development will be allowed within 30 metres of these wetlands unless a Watercourse and Wetland Alteration Permit is first obtained from the Department of Environment. The final subdivision plan for Phase 2 will be required to illustrate the delineated wetlands, and the notations included on the tentative plan relating to the wetlands will be required on the final plan. Provision of Street Work and Facilities The Developer will be responsible to construct the proposed new street (extension of Abigail Place) to Country Road Standards, which involves an asphalt surface, ditching and overhead public utilities. No sidewalks or curbing is involved. The recommendation includes all the necessary assents and approvals for the proposed development. Included with the required City/Developer Subdivision Agreement will be detailed site and drainage plans for the approval of the Chief City Engineer. Part of the drainage system will involve 6 metre (20 foot) wide drainage easements to ensure proper storm water drainage for the area. Any provincial permits required for such work will be the responsibility of the developer before he carries out this work. Land for Public Purposes The submitted tentative subdivision plan illustrates new Land for Public Purposes dedications that total 11,030 square metres. The most significant dedication is primarily along Graham Brook to the north of proposed Lots 10 -17 to 10 -21. Such a dedication is encouraged by the Municipal Development Plan, and would continue the previous dedication that was acquired when the initial phase of the development was approved. Smaller L.P.P. dedications are also proposed that provide access to the northern dedication and to an existing 3.75 hectare L.P.P. dedication immediately to the south. Only a dedication of 8,477 square metres is required for this second phase of the project. A credit of 9,700 square metres was provided by the developer in the initial phase. It is recommended that these new L.P.P. dedications be accepted. This will result in a total credit of 12,253 square metres for the overall project. 205 Secord Subdivision, Phase 2 Abigail Place (Project File: 2377 Loch Lomond Road) CONCLUSION: Page 8 February 11, 2011 The applicant is seeking permission to subdivide the remainder of the subject property in order to create 12 more lots in this rural residential subdivision. Most of the proposed lots can satisfy (or exceed) the "RR" One Family Rural Residential zone standards. The design of the subdivision is acceptable and considers the topography of the area and the delineated wetlands. 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PTOperty 458 OP EOI1Rgt Etrealivv Dole : 2009 -02 -05 poc. 21693915 L'869 TY.pLL 40NSE9 InafrumeM Trpnel / Zfi 9]]13 Reg 2009 -02 -OS "' Reg. 200 > -04 -17 dD n InitrumaM Ter /�99 fi Req. 2009 -02 -06 e � 919 Own .eoaaM1be Dev opm !S-LW. -- ,t ,y I WeA°BfIES�if 5� � I f r. !,�°181 68 �.0� 6g 389 600 r r 07 -13 O\ rohu 81 OOy' r° O� s o°p'Atf�c� cEl tvje K, >- °. M °o° PE '�6 oti'6 I i 07 -14 b. : is 5.00,, all 'F pR�RCeixd 4M161d/pIa810.9EdFp7a6 � Q� 9�,5 �1 6 c:.. FEB a t 20 4At� j / ' ,. 07 -15 / 57', vw m2 .7 j 9S 3e-a 590 d°G 28325Cfl5 j j'/ on° ry/ '6 % eR" $e\ ty o ° 07 -10 N. a 5j / 6�f am 9a 19' JC' , 9 za a 1a ac u2.ez V. D55I W e@ 9h� P Developments Ltd.76/ ,. �� °� • °'�' ° �, - -___, Propert 267977 o, 13 Rag 2M -02 -. fig 000 W pa. 2.99473 Req. 20°9 -02 -a8 5` +66 SA W (w 6r e1W O� New Brunswick Grid Co- Ordinate Values ] 3 2 542 723.109 2 542 747.296 7 369 458221 7 369 415.977- .. 50. & CALL. R. 11 33 2 542 ]]5 205 2542 656.118 7 369 737211 7 369 575329 h0. so. a FD. S.M. 43 53 2 542 606.901 2542 413M9 '] 30 859.423 9 1 3. 468946 PL1N 22256E S.S.M. 54 55 -1 2 542 386392 2 542 446.193 7 369 524556 369 564.537 S.S.M. S.S.M. 56 57 2 542 42, 131 2 542 521.831 1 7 369 498415 7 517.769 7.69 56 59 2 542 538,514 2 542 489.N9 IN 7 369 529.124 7 369 601.234 . 611 61 2 542 565.541 2 542 531 7 369 641.772 7 369 555.635 ss. S.S.M. S.S.M. 67 . 69 2 542 531.°98 8 2 542 570.239 7 369 500.039 7 369 510.039 CALC. Dr. W.C. 69 70 2 542 593.005 2 542 593.241 389 529.033 7 7 369 535.338 5.5.M. S.S.N. 71 72 2 Sat 520.256 2 512 463.099 7 369 533.032 1 389 515.1. L.C. C.C. 74 75 2542 551572 2 542 601411 1 .9 645.26° 1 369 652... Ss FT. S.S.M. 76 71 2 542 650595 2 542 611.490 7 IN 582.294 7 369 540.240 S.S.M. 5.5.M. 76 82 2 542 611.617 2 542 487,627 1 369 524.340 369 475.892 CC C.0 83 115 2 542 491.158 2 542 681.915 7 7 369 411.029 7 369 560.129 CALL. M. S.S.M. 116 117 2 542 597.594 2 542 852.392 7 369 469.526 1 369 57 1-423 S...M, S.S.M. 116 119 2 542 562.686 2 542 389.2)2 7 369 559.739 1 369 41 CAL'. . S.S.M. 120 121 2 $42 509.511 2 542 451.411 1 369 411.204 LORI Its 452.581 S.S,M. S.S.M. 122 123 2 542 453.049 2 542 475.229 7 369 458.722 7 7 3fi9 736.727 - PT. GLL. PT. w1 PbnDNO. 22256037 / " o `e 4.o'b + �.9e 07 -12 6.314 m2 RD 55196568 Moosehorn Developments Ltd. Property a. 26797713 Req 2009 -02 -05 Dec. 267994" Reg 2009 -02 -06 a 124 y 2 542 451581 Y 7 1" "9.145 Rmk,. CLLC. Data 125 126 2 512 455589 2 542 491.001 7 3. 452333 7 369 431431 C.C. C.C. / ' 131 1. 2 .2 736.21S 2 542 739.461 69 8 7 3 412 58 7 369 405.425 C P Cµ.. CALL. M. 5.184 155 2 542 736376 2 542 ]57.125 ISIA 7 369 3 AI6 7 369 398516 CALC. PT, C PT. 7.69 156 157 2 542 432803 2 542 432.8°3 7 269 391429 7 369 440.598 Cm C,LC. R. 0110 fR. Vah° Q 156 ISO 2 542 426.631 2 542 426134 7 369 437,374 7 361 4-136. C.C. (101 Sg°+ I. 2 $42 4°0234 7 369 439.058 CALL. (R. QJIQO 17� 161 162 2 542 354.976 2 542 308.995 7 369 402498 7 369 358.189 CALL. 1, LAL.C. PT. �0f 41°° 164 167 2 542 271.]85 2 542 213.817 1 3. 335265 7 1. 346.7)5 CALC. PT, G C. K. sea 168 169 2 542 302.057 2 542 348.352 7 369 365-IN 7 369 410.002 CALL. Pi. C,LC. Rf. 11.48 21.10 170 171 172 2 542 394.629 2 542 376.428 2 542 361.349 7 369 447.386 7 369 511114 7 369 487.983 CALL. Rf. CaLC. PT. C6t4. PT. 7 369 2 173 IJ4 2 512 356.506 1 542 340.097 7 369 473.466 7 369 452.186 Coe. M. mC. n. _ 175 172 2 542 310.073 2 542 412.912 7 1. 435.259 J 369 54.298 CALC. CN,C, PT. 163 tfi3 176 In 2 512 441.562 1 542 463.010 7 1. 560.961 7 }69 SJ7. "1 C&C. P1. CALC. PT. 1. 101 2 .2 492.420 2 542 516624 1 369 595.811 7 369 622.°38 CALL. PT. eALC. PT. 182 193 2542 55fi..64 2 542 586.932 7 3159 636966 369 653.591 CALL. CALL. 184 530 2 542 4°5.839 2 542 564."5 7 369 -731 7 3. 50).939 CN.C. Pr. S.S.M. 20015 2001fi 2 542 938.531 2 542 689.900 7 368 656.509 7 368 60J.2a9 N.B. MON.(085) N.B. WK. D8S 28406 281. 2 S 260.392 2 5. 354.190 7 368 8]6.401 1 3. 1...896 N.B. MON. 085 N.B.MON.fNPN) S 07 -11 5.040 .2 �fp � � 1 l i 'J1� PIO 88 Mooseh sehorn / Lsvi Deve t y Ltd. Props Prape 2 's`1hYi 10 I Dec. 948 R 9. 2009 -02 -OS �F� Doc. 258§ a6 Res ZD09 -o2 -06 / OsleevNn[d wee naa ( ( es 9 antl 10) - 89' 33' _11,0= s +�treet (Pub)iC Streeq (,ea Nale 11) ^ ■ G�L \e Q� wen Initial Phase V /� Registered Plan /\ PM16e V 3 O 1 +\ 7 389 20( � B L S T �. 181021 0 9 � A G `f S Key Plon Cad..W %. No. 165 S- 1 : ao,aaa Notes 1 ) Olreeowu on N.B. 06,1 0iimuNa derived from obsarvafi9n5 on N.B. Gdd Co- 1141wle M°n's. 2°015, 20016 ona 2W6 . (baaea an 734003 CSRs MM Values (w N.B. Non. 28160) z) Nb aiel0ncea art I. mNrea, to convert t° Imperial equ'w01enM d;.. by 0,304. 3) or sa er nin<a Na, pedpM1eml bfannmion ampll.a rrom . a) ul dolamant ° ar qan znlerenaa. refer N Ina Registry Off a 1a .Dint Donn 5 Coup . ) neltl %uney c DINed on June 1, 2009 . e) AX e0mpuloWns pe.larmed na caordin0lea aM1Oan on Nis pbn e based New Bm,awick S arc°graDnic Douab PraKCOan an Ne NeD83(CSRS) Blipsold re Iii<a b3' Senice New Bmnawlckd Nigh PrLSftldn 1731 bpk ceerSndle 9grvaY monulnenta . 7) The Ortlingge Easement sMxn is 10 ba g-t" le N e mid oy sold John for Wma,a% W mpintoinin9 and Pmvin9 emma9e . 8) Purauon\ 1. Section 5 1 Regulation 84 -217 the I.- -1y EaeemeM(s) %hewn thi, pl n v<ata m Be4 - Regbl Lammuni..IbI Inc. /Boll Nunl Cammunicotiena Reeg9 ." Inc. and The Pa Cwn tad of The CRy of Sant .bhn. Public USlity t(s) wn Nua -- agent --1- -) fir 9 II Nia Regiaw�C mmuni -... c./I tbna RdglOrvlaa c. Ag. 1 9rGtk: GL! sa. 2-1 The Pgwer Commi,aian Df Tl+e .1, of %dim 10 9 ) TM1ew :esntified Sena. aubj «\ to Ne w-,. na Ind .Pond AlMmtwn Requlolwn (Reg IX/ 90 -.), of Ina Ner BWnerick Cl- lvr act. Ony pmPaead aIMWlion wlnln lneu areos or within Ne 30 .Ne re91ate1 butler nquirea per u"'I tnreugn Ina OeWrbnent of Envirenmenl, Walvrcauna ona Well Ontle Ntvmgon Program . These may .MO W bjecl le Envimnmanlal Impact Ae...... Reg. 6]23) a1 the Now Brunewiek Clecn Act and Ner Kie ona Re9u1a11 bne rveponaiMlI DWp ieM 11 ensure Yhat o 1 eguk eas reauiremenM aW me! prior b de apmen< 9nin thsae 10) F -7 "1 Q-t . wea9n4 Area - on1; nea6°n f Ne wetldna- Upl- boundary was ...&0m by Fundy EnglneeRnq Y Ca 1-, UWt.d pn July S. 20°8 basso en axisBrq ails cend6ion. a IM time 1f -, . TM aorainvlm far ill pea05, on of Ne Yftt- have bean provided by Fully En9inevang 8: C°naultontf L1mi- and have not Dven connrmea by Mughas 5-, h Consu - I-- 11) In acc ..... wIN "...n 56(4)(0) ar th. Community Planning < lend b.;- hereon PWI. Street vests In The My Ot Saint Jehn as a munbipol .boat, I. to 7 -Ibn9 IoM LaM Far Pubic P-.. PDipoil PlOCe Secwd Street as public elreeM, ° OWi,wge Eaeamen\ and Pubrc u EoaemenM Legend A....................ee.7 • nee i�� /gut .. e. a ai %c;oei�.t. wnn..nt (a adinwnte cn-ae1 Lt. vnN, _ ............. 4 Eae,.wnt nn ® ..................... .k.r owns 0 ...................... 1. Subdivision Plan Secord Subdivision Phase 1 , Lakewood City of Saint John , Saint John Cou y flew Brunswick . FSVIHE9 5 T3 INC. Surveyed by ,June 24, 2009 . wf7jA, . r •��C €i. Oats 2001 Curve Data Curvy CMItl R-- Chars I. C.L. + 121 -124 3.fi1 5.184 sa 15' N, 125 125-0) 7.69 20.003 5Z 29' 20' 126 1a '11y0 al iae' 118 -67 122 -121 ]3.24 5.02 80.000 5.18 2T 5W 5T 51' LY 73 125 ev, 69 -62 6. -116 29.65 7. }fi 23.00 80.00 - 15' 50' OS' 11 20 71 73 e >0 -61 61 -74 27.53 25.94 21M 23.00 73' 31' 10' 6B' 38' 40- 71 71 / 74 -5. 58 -5] 20.95 9.36 60.°0 MOD 15' 02' 40' 13 54' DO' 72 72 ; }I -} 51 -155 11.48 21.10 12-41 4249 29' 35' 00' 29, P' 20' 153 153 156 -136 157 -159 35.38 651 40.00 5.24 52' 29' 20' 20' 59' 20" 126 158 162 - 164 157 -IM 43.70 33.80 10257 92.57 21 N' 10' 21' 02' 20' 163 tfi3 +\ 7 389 20( � B L S T �. 181021 0 9 � A G `f S Key Plon Cad..W %. No. 165 S- 1 : ao,aaa Notes 1 ) Olreeowu on N.B. 06,1 0iimuNa derived from obsarvafi9n5 on N.B. Gdd Co- 1141wle M°n's. 2°015, 20016 ona 2W6 . (baaea an 734003 CSRs MM Values (w N.B. Non. 28160) z) Nb aiel0ncea art I. mNrea, to convert t° Imperial equ'w01enM d;.. by 0,304. 3) or sa er nin<a Na, pedpM1eml bfannmion ampll.a rrom . a) ul dolamant ° ar qan znlerenaa. refer N Ina Registry Off a 1a .Dint Donn 5 Coup . ) neltl %uney c DINed on June 1, 2009 . e) AX e0mpuloWns pe.larmed na caordin0lea aM1Oan on Nis pbn e based New Bm,awick S arc°graDnic Douab PraKCOan an Ne NeD83(CSRS) Blipsold re Iii<a b3' Senice New Bmnawlckd Nigh PrLSftldn 1731 bpk ceerSndle 9grvaY monulnenta . 7) The Ortlingge Easement sMxn is 10 ba g-t" le N e mid oy sold John for Wma,a% W mpintoinin9 and Pmvin9 emma9e . 8) Purauon\ 1. Section 5 1 Regulation 84 -217 the I.- -1y EaeemeM(s) %hewn thi, pl n v<ata m Be4 - Regbl Lammuni..IbI Inc. /Boll Nunl Cammunicotiena Reeg9 ." Inc. and The Pa Cwn tad of The CRy of Sant .bhn. Public USlity t(s) wn Nua -- agent --1- -) fir 9 II Nia Regiaw�C mmuni -... c./I tbna RdglOrvlaa c. Ag. 1 9rGtk: GL! sa. 2-1 The Pgwer Commi,aian Df Tl+e .1, of %dim 10 9 ) TM1ew :esntified Sena. aubj «\ to Ne w-,. na Ind .Pond AlMmtwn Requlolwn (Reg IX/ 90 -.), of Ina Ner BWnerick Cl- lvr act. Ony pmPaead aIMWlion wlnln lneu areos or within Ne 30 .Ne re91ate1 butler nquirea per u"'I tnreugn Ina OeWrbnent of Envirenmenl, Walvrcauna ona Well Ontle Ntvmgon Program . These may .MO W bjecl le Envimnmanlal Impact Ae...... Reg. 6]23) a1 the Now Brunewiek Clecn Act and Ner Kie ona Re9u1a11 bne rveponaiMlI DWp ieM 11 ensure Yhat o 1 eguk eas reauiremenM aW me! prior b de apmen< 9nin thsae 10) F -7 "1 Q-t . wea9n4 Area - on1; nea6°n f Ne wetldna- Upl- boundary was ...&0m by Fundy EnglneeRnq Y Ca 1-, UWt.d pn July S. 20°8 basso en axisBrq ails cend6ion. a IM time 1f -, . TM aorainvlm far ill pea05, on of Ne Yftt- have bean provided by Fully En9inevang 8: C°naultontf L1mi- and have not Dven connrmea by Mughas 5-, h Consu - I-- 11) In acc ..... wIN "...n 56(4)(0) ar th. Community Planning < lend b.;- hereon PWI. Street vests In The My Ot Saint Jehn as a munbipol .boat, I. to 7 -Ibn9 IoM LaM Far Pubic P-.. PDipoil PlOCe Secwd Street as public elreeM, ° OWi,wge Eaeamen\ and Pubrc u EoaemenM Legend A....................ee.7 • nee i�� /gut .. e. a ai %c;oei�.t. wnn..nt (a adinwnte cn-ae1 Lt. vnN, _ ............. 4 Eae,.wnt nn ® ..................... .k.r owns 0 ...................... 1. Subdivision Plan Secord Subdivision Phase 1 , Lakewood City of Saint John , Saint John Cou y flew Brunswick . FSVIHE9 5 T3 INC. Surveyed by ,June 24, 2009 . wf7jA, . r •��C €i. Oats 2001 APPROVALS Registration Data g g ay aa.Nam o.VelaPmenm ud. . P:Lp.�:Nssteasae t Qayeia EN,cOre avle : 2W9 - @ -O6 - Fo p5e n / / Inalrvmenl : fivnaler P 26 994x16 Reg. 2009 -02 -06 ry Val` Qu(Q 07 -15 \ // see Plan Na. 26325661 M,aseh,m perabpm.nla LLtl. - / �la P� ,-e Ye .. - 16 M-11 Construction / a o. 2632safi1 / Property -z ] . xpo] -az -ts : ; / r ! /; : : ; !!! • , \ -. — .— - ,i I.I. Key Plan a . N.t.. dea.ea nom —.I m- an Ne cne co -am nPm Mona zaois 2am6 one zfiaofi 6 . !; i%'/,� %: /; /; %i Vii. :,�' /d " %/; /% � ' !�� % "� /� /�'3% II 0 \ ♦` /;'f;� 3 �Oham Y �liad%M;� %� /]] ; r /I a' 79 /// r \� (bawdt on NIA63 n5R5 NPN Valuaa for N.B. Man 18160)anb 2) a °n s pro meb.a, m aem.n to im °; °q'`0.3a.6 v� 1 5�J 39e�' / /: !, n ✓ lh / / %, `_._� / ,ass\ �Lpr ( O 3) — piled�ln VehauaaatM1Va r' M1 .motion m oral mra vna / _ ;l' -1��'�// / ] 369 a0 la + ] / /� / /J" t ff /'� +;l�J �'' \a 6.2 70* / , / Y r °, + \ > 36g aOD /a / ♦.` a )'ul ev n Ion referanam Hier to Ne RegisUy gliw for Salnl J° aC aTty.P 5) Fed avrvey Plvted a WI wmputb... valoamed and caordnalea ahewn an NI. Plo^ P / %j / /! /!f /1 /;, 10 -18 a, .°° /I / Brunswick Sb�eo 1M r.i�03(CSRNa EII1PZVid° zMraey�5m+�caMN PmBra,.� :.ICt° HigM1 Pncolvn bvrk wortl(nvG aurveY m°numenle . 10 -27 tWr�6 G 5.100 m2 3 ]) ihv Oram°9e Evzeme.ty ahewn is [e be 9tairanlee the ury CTP al Spinl JoM1n Paaea of meinnin9 nd ! •] ''/'4' \ I % —19 �.�" PIO 55196506 8 / Punuant Snclian 5 of Pegulvtian 64 -ZI] the Pvsfc Otirily Regianol Eowmentca`anawnc. �Alioll I/ 5,55o mz 3 - % Maoseharn 0 �; /� w Developments Ltd. /;,iii sa]pmz3 10 -26 w propetY 269J]13 Rv9 1009 -02 -05 /Soil Cvmtmvni ,ocolne Rat �e in��aaw,r cOmmieebn of Th. ah a saint J� "ales M Public u5nry Eae.ment(a) ahewn uua :' ____ _: yen! 8e11 uianl Regivnd C,mmumm0enz Inc' / 2699M6 Peg. 2009 -02 -06 Bell Monl CammunicNiona Rdeionvrva c 10 -21 �a�j ,�,j// ! r y \ /�J~ y ant Tha P°wer Cemmi .1 MY f J o ,d-f- wea ..bj M to th rt Sneosa a.us n rsla oM1nl ��\ � = -i ,�y � •'/! /, f / !, i i,i/ l :; / J �G O/ M °rP' �S.`%°," v ns sbj ° S,y' 00 '" 2 3 / m wa � I�w � y � ) / _ r i t /j , / /aQ°°l L �� � \l G ee ' �` Q/J % b �y�/ G ' ' '\ \ I 1 .J( .( - \ C \ 99 [ Re a NWo^ noletl trear e ev.cn alt. a h e , wM Ye pMsnmu e i, tEhnin . irolCiv M1�n eomy vw e avI mvro ta egblb,d bfr ,q uI' n10-2C rooupr'v, n0m °Ths- MwmY °b. h° romt nal na . n.i -) ! M1 . q f . w fiero d i nr ae9ul°° la -brit e:xnm \� ° ° 1 � ' a. nro �r a meb , n � o aa a ' taael>t la. I ° '• m Idl ✓;:I /.' 0.1101ea waaane y.ee - oelo -b- ,f th. w.nane^ 10-24 ifi]0 8 and bouneory woe wnd—d by Fundy Engineering eanaan9ma uma,d an s,Pt. - — ae.a a e'ngIX its t ume vl au Thbe yar ntl6itiam I, e E dy a I, e by FvEn9n. ng mb d b a 10-22 o 23 110 / I 1the Cano n a o^ `v by Hugh. S. n a zul l,da I M1 ln Mt 1 ndrn b. eelavubvinhThe Cl wO Svbl JeM as a munbipvl a4eeL �,aa / // 69 200 P ( ( * + /., f + \ ] 369 200 Ibn) / Purpose Of Plan l9 ,..ate 12 .g I— ° Wrt1 n v1 eH9d I'll d yub6p .1. 1. Pu Ili eh ul ty E,mmenh. Oroin,0e Evaumnla vna Lond Fm uMi. Purpw Margaret Maron ]0 Idwma / / Lond For Public I property �/ Purposes I/ 0 // / Doc 262)x6 Vd. J69 Py. ]al nee Plan Nv. 26].19210 w. r 04N 2z2aaA l6slo IrI� \ 04 -23 / e.'..• . srl, I j I 04 -24 /. a.rn!a`».nPr.rry _ . • saa..ai. / I .n a ....:............. e.a ieim ev l�mPlan Tentative Ian Na 28]39210 /�� �� \`�.♦ /. �; � j - �, \jam' Phan Secord Subdivision Lakewood City of Saint John Saint John County New Brunswick /fit ;� \s1s, ♦ . sTJrsvzR.e uwea HUGHE9 Y8 X,astYSULTMITe tNC. 04-25 \ zve Plon No. 6 >116a9 / ��5 i / 111 g t —­d by Oct a, 1010 Wade M. MacNutt pot° 04-21 / j/f \ s 1 !� 04 -17 g I r Nb. eN wbk 6rvna Lana suvayar /Sea zo o zp N ao 69 eo 1.1a9a matti 1 m J 9 Dwg. N . 5 Taps Dial= Na. p]36s6 °k x6m 04 -16 , � Na n. b�.ES. Job n -]65 -R MaP N /OS -R30,w Sandy Point Road (Millidgeville) Neighbourhood Group His Worship Mayor Ivan Court and the Members of Common Council City of Saint John PO Box 1971 Saint John, NB E2L 41_1 February 17, 2011 RE: Rockwood Park Boundaries Along Sandy Point Road Dear Mayor Court and the Members of Common Council, On Tuesday February 15th, the Telegraph Journal, in its article, "Council moves toward border around park ", mistakenly stated that the Sandy Point Road Neighbourhood Group supported a boundary for Rockwood Park that would start 75 to 150 metres from Sandy Point Road. We are writing to tell you that the Telegraph Journal acknowledged they had misinterpreted our letter and issued a correction in their newspaper the next day. We are writing to reiterate our recommendations and ensure clarity. 1. We would like the City to redraw the boundaries (from their current state as approved by Council November 22 "d, 2010). If the boundaries are not changed back to their historical place (meaning Sandy Point Road), we wonder what will be in store for the city -owned lands that lie between the road and the new border. 2. 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. 211 3. 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. We want to thank you for what we now understand is your intention to draw an official boundary around Rockwood Park and reinstate all City lands inside Sandy Point Road as Rockwood Park. Respectfully submitted on behalf of SPRNG, Monica Chaperlin 1711 Sandy Point Road 212 � �-) 61,� Atsko Nose 1687 Sandy Point Road