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2011-03-28_Agenda Packet--Dossier de l'ordre du jour4 City of Saint John Common Council Meeting Monday, March 28, 2011 Committee of the Whole 1. Call to Order 4:30 p.m. 8th Floor Boardroom City Hall 1.1 Financial Matter 10.2(4)(c) 1.2 Agreement 10.2(4)(b,c) 1.3 Financial Matter 10.2(4)(c) 1.4 Litigation 10.2(4)(c,g) 1.5 Legal Opinion 10.2(4)(f) 1.6 Employment Matter 10.2(4)(c,j) 1.7 Employment Matter 10.2(4)(c,j) Regular Meeting 1. Call to Order — Prayer 6:45 p.m. Council Chamber 1.1 Canadian Cancer Society Presentation of Daffodils 2. Approval of Minutes 2.1 Minutes of February 28, 2011 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Partnership between SJ Fire Department and Salvation Army (Recommendation: Receive for Information) 5.2 Dever Road Water Transmission Main (Recommendation: Receive for Information) 5.3 Facility Condition Assessment and Capital Planning Study in Support of the Public Sector Accounting Board Project (Recommendation in Report) 5.4 Encroachment Rockwood Park Entrance (Recommendation in Report) 5.5 Harbour Clean Up - SLS #1OA, SLS #24 and Collector Sewer for SLS #8 (Recommendation in Report) 5.6 Harbour Cleanup Lift Station 30 - Stop Up and Close Portion of Fallsview Dr (Recommendation in Report) 5.7 Assignment of Lease for Infusion Tea Room (Recommendation in Report) 5.8 Proposed Public Hearing Date 43 -45 Melrose Street (Recommendation in Report) 5.9 Uninterruptible Power Supply (Recommendation in Report) U 5. 10 Tender for Asphaltic Concrete Mixes (Recommendation in Report) 5.11 Tender for Traffic Paint (Recommendation in Report) 5.12 Telecom Expense Management Software (TEM) (Recommendation in Report) 5.13 1900 Westfield Road - PID Number 296426 (Recommendation in Report) 5.14 New Brunswick Southern Railway and Saint John Harbour Bridge Authority (Recommendation in Report) 5.15 Sauerteig Letter to Fire Chief (Recommendation Receive for Information) 5.16 Rockwood Park Golf Course and Aquatic Driving Range Proposed 2011 Fee Structure (Recommendation: Approve Fee Structure and Receive Report for Information) 5.17 Saint John Emergency Management Organization Advisory Committee (Recommendation in Report) 6. Members Comments 7. Proclamation 7.1 Daffodil Month - April 2011 and Daffodil Day - April 27, 2011 7.2 Canadian Oncology Nursing Day - April 5, 2011 7.3 Records and Information Management Month, April 2011 7.4 Tartan Day April 6, 2011 8. Delegations/ Presentations 9. Public Hearings 7:00 p.m. 9.1a) Proposed By -Law Amendment Stop Up and Close a Portion of Unnamed Public Street in Glen Falls 9. lb) Sale of Unnamed Street Closure (Pending) in Glen Falls 10. Consideration of By -laws 11. Submissions by Council Members 11.1 Asphalt (Mayor Court) 11.2 Spring- Summer Road Construction (Councillor Titus) 11.3 Harbour Passage (Councillor Norton) 11.4 Provincial Initiative: Crescent Valley Neighbourhood Revitalization Project (Councillor McGuire) 11.5 P1anSJ Growth Strategy (March 2011): Fairville Place (Councillor McGuire) 12. Business Matters - Municipal Officers 12.1 City Manager: Municipal Legislative Powers 12.2 City Manager: Communications Strategy Update 12.3 City Manager: Province of New Brunswick Wetlands Conservation Policy Changes 12.4 City Manager: Sandy Point Road Planning Study 12.5 City Manager: Saint John Port Authority 2011 Land Use Plan 12.6 City Manager: Saint John Water 2010 Annual Water Report 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment 5 4 City of Saint John Seance du conseil communal Lundi 28 mars 2011 Comit6 pl6nier 1.Ouverture de la seance 16 h 30 — Salle de conference, 8e 6tage, hotel de ville 1.1 Question fmanci&e — alin&a 10.2(4)c) 1.2 Convention — alin6as 10.2(4)b), c) 1.3 Question financiere — alin&a 10.2(4)c) 1.4 Litiges — alin6as 10.2(4)c), g) 1.5 Avis juridique — alin6a 10.2(4)f) 1.6 Questions relatives a Pemploi — alin6as 10.2(4)c), j) 1.7 Questions relatives a Pemploi — alin6as 10.2(4)c), j) Seance ordinaire 1.Ouverture de la seance, suivie de la priere 18 h 45 — Salle du conseil 1.1 Pr6sentation de la Social canadienne du cancer dans le cadre des Jours de la jonquille 2. Approbation du proces- verbal 2.1 Proc&s- verbal de la seance tenue le 28 f6vrier 2011 3. Adoption de l'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises i Papprobation du conseil 5.1 Partenariat entre le service d'incendie de Saint John et 1'Arm6e du Salut (recommandation : accepter a titre informatif) 5.2 Conduite d'eau principale du chemin Dever (recommandation : accepter a titre informatif) 5.3 Evaluation de Ntat des installations et Etude sur la planification des immobilisations dans le cadre du projet du Conseil sur la comptabilit6 dans le secteur public (recommandation figurant au rapport) 5.4 Empi&tement de 1'entr&e du parc Rockwood (recommandation figurant au rapport) 5.5 Nettoyage du port — Stations de rel6vement des eaux us6es d' l0A et 24, et 6gout collecteur a la station de relevement des eaux us6es ri 8 (recommandation figurant au rapport) 5.6 Fermeture et barrage d'une partie de la promenade Fallsview dans le cadre du nettoyage du port, station de relevement n° 30 (recommandation figurant au rapport) 0 5.7 Cession de bail relativement au salon de the Infusion (recommandation figurant au rapport) 5.8 Date prevue d'une audience publique relativement aux 43 -45, rue Melrose (recommandation figurant au rapport) 5.9 Alimentation sans coupure (recommandation figurant au rapport) 5.10 Soumission relative aux melanges de beton asphaltique (recommandation figurant au rapport) 5.11 Soumission relative a la peinture de signalisation routiere (recommandation figurant au rapport) 5.12 Logiciel de gestion des depenses en telecommunications (recommandation figurant au rapport) 5.13 1900, Chemin Westfield — NID 296426 (recommandation figurant au rapport) 5.14 Chemin de fer du sud du Nouveau - Brunswick et Administration du pont du port de Saint John (recommandation figurant au rapport) 5.15 Lettre de Sauerteig adressee au chef du service d'incendie (recommandation accepter a titre informatif) 5.16 Rapport sur le terrain de golf et le champ d'exercice aquatique du parc Rockwood et grille tarifaire proposee pour 2011 (recommandation : approuver la grille tarifaire et accepter le rapport a titre informatif) 5.17 Comite consultatif de l'Organisme de gestion des services d'urgence de Saint John (recommandation figurant au rapport) 6. Commentaires presentee par les membres 7. Proclamation 7.1 Mois de la jonquille en avril 2011 et Jour de la jonquille le 27 avril 2011 7.2 Journee annuelle des soins infirmiers en oncologie du Canada le 5 avril 2011 7.3 Avril 2011 — Mois de la gestion des documents et de l'information 7.4 Jour du tartan le 6 avril 2011 8. Delegations et presentations 9. Audiences publiques 19h 9.1a) Modification proposee de 1'Arrete concernant la fermeture et le barrage de routes — partie d'une rue publique sans nom a Glen Falls 9. lb) Vente d'une rue publique sans nom a Glen Falls (en attente d'approbation) 10. Etude des arretes municipaux 11. Interventions des membres du conseil 11.1 Asphalte (maire Court) 11.2 Travaux de refection du printemps et de 1'ete (conseiller Titus) 11.3 Passage du port (conseiller Norton) 11.4 Initiative de la province : Projet de revitalisation du quartier Crescent Valley (conseiller McGuire) 11.5 Strategie de croissance du P1anSJ (mars 2011) : Place Fairville Place (conseiller McGuire) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Directeur general : Pouvoirs legislatifs a 1'echelle de la municipalite 12.2 Directeur general : Mise a jour de la strategie en matiere de communications 7 12.3 Directeur general : Changements a la politique de conservation des terres humides du Nouveau - Brunswick 12.4 Directeur general : Etude de planification portant sur le chemin Sandy Point 12.5 Directeur g6n6ral : Plan d'am6nagement du territoire 2011 de 1'Administration portuaire de Saint John 12.6 Directeur g6n6ral : Rapport annuel de 2010 relatif au r6seau d'aqueduc de Saint John Water 13. Rapports d6pos6s par les comit6s 14. Etude des sujets 6cart6s des questions soumises a Papprobation du conseil 15. Correspondance g6n6rale 16. Lev& de la seance 0 x Canadian Societe Cancer canadienne Society du cancer March 9, 2011 (; )nunoii Clerks Office, Saint John City I Lill P. (). BOx 1971 Saint John, N. B. I''I -1,1. Dcar N1avor and < :ourtcil The Canadian Cancer SocietyDaffodil Campaign is fast approaching. Volunteers are hard at work calling throughout the city taking orders for the special flower. Each year the Canadian Cancer Society, along with a cancer survivor looks forward to making a presentation of a bouquet of Daffodils to the Mayor and council at an open meeting. I would like to suggest March 28, 2011 for this presentation. The Canadian Cancer Society, on behalf of all survivors, thanks you for your past support. We appreciate the opportunity to promote the Daffodil Campaign. ,�, A&// Katie Mitchell Manager Southern District 9 NEW BRUNSWICK SOUTHERN DISTRICT 133 Prince William St., Suite 203 P.O. Box 2089 Saint John, NB E2L 375 Telephone (5061634-6277 Pax 0061634 -6723 Cancer Information Service & Support 1 988939 -3733 Smoker', Helpline 1 977 513.5333 ccsnhCa,nb.cancecea www.cancer.ca NOUVEAU-BRUNSWICK DISTRICT DE SUD 133, rue Prince William, bureau 203 C.P,20K4 Sam( John (N -B.) r-21. 3T5 TO phone (506104-6277 Telecopieur(5061634 -6732 Information %ur le cancer et A)utten I KKK 439.3333 Teleassistance pour fumeurs 1 977 513 -5333 ccsnbC?- nb.cancer-ca www.cancer.ca 96 -90 COMMON COUNCIL / CONSEIL COMMUNAL FEBRUARY 28, 201 VLE 28 FEVRIER 2011 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — FEBRUARY 28, 2011 - 6:30 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Farren, Higgins, McGuire, Mott, Norton, Snook, Sullivan, and Titus - and - P. Groody, Acting City Manager / Commissioner of Municipal Operations; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; K. Forrest, Commissioner of Planning and Development; C. Thompson, Police Staff Sergeant; G. Green, District 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 28 FEVRIER 2011 A 18 H 30 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Farren, McGuire, Mott, Norton, Snook, Sullivan, Titus et la conseillere Higgins -et - P. Groody, directeur general par interim /commissaire aux Services des operations municipales; J. Nugent, avocat municipal; G. Yeomans, commissaire aux finances et tresorier; K. Forrest, commissaire au service Urbanisme et developpement; C. Thompson, sergent d'etat -major du Service de police; G. Green, chef du service d'incendie du district; E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. 1. Call To Order — Prayer Mayor Court called the meeting to order and Reverend David Nicholson offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court et le pasteur David Nicholson recite la priere d'ouverture. 2. Approval of Minutes 2.1 Minutes of January 31, 2011 On motion of Councillor Sullivan Seconded by Councillor Norton RESOLVED that the minutes of the meeting of Common Council, held on January 31, 2011, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 31 janvier 2011 Proposition du conseiller Sullivan Appuyee par le conseiller Norton RESOLU que le proces- verbal de la seance du conseil communal tenue le 31 janvier 2011 soit approuve. A Tissue du vote, la proposition est adoptee. 10 96 -91 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 2011 /LE 28 FEVRIER 2011 3. Approval of Agenda On motion of Councillor Sullivan Seconded by Councillor Norton RESOLVED that the agenda of this meeting, with the addition of items 13.3 Committee of the Whole: Recommended Appointments to Committees and 13.4 Committee of the Whole: Appointment of the Commissioner of Finance to a Committee, be approved. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Sullivan Appuyee par le conseiller Norton RESOLU que I'ordre du jour de la presente seance soit approuve, moyennant I'ajout des points 13.3 Comite plenier : Recommandations de nominations pour sieger aux comites et 13.4 Comite plenier : Nomination du commissaire aux finances b un comite. A Tissue du vote, la proposition est adoptee. 3.1 City Manager: Saint John Water — 2010 Annual Wastewater Report Graham Huddleston, Operations Manager, appeared before Council and responded to questions respecting the 2010 annual wastewater report. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Common Council receive for information the submitted report M &C 2011 -28: Saint John Water— 2010 Annual Wastewater Report, and authorize staff to forward said report to the Department of Environment on behalf of The City of Saint John (Approval Holder). Question being taken, the motion was carried. 3.1 Directeur general : Rapport annuel de 2010 relatif aux eaux usees de Saint John Water Graham Huddleston, directeur des operations, se presente devant le conseil et repond aux questions sur le rapport annuel de 2010 relatif aux eaux usees. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le conseil communal accepte a titre informatif le rapport soumis intitule M/C 2011 -28 : Rapport annuel de 2010 relatif aux eaux usees de Saint John Water et qu'il autorise le personnel b transmettre ledit rapport au ministere de I'Environnement au nom de The City of Saint John (titulaire de I'agrement). A ('issue du vote, la proposition est adoptee. 3.2 City Manager: Outdoor Plaza for Harbourfront Residences at Three Sisters On motion of Councillor Farren Seconded by Councillor Mott RESOLVED that the submitted report M &C 2011 -29: Outdoor Plaza for Harbourfront Residences at Three Sisters Development, Water Street, be received for information, and further, that Council accept the submitted proposal of the Glen Group Ltd and authorize the Mayor and Clerk to execute the necessary documentation reflecting the proposal. Question being taken, the motion was carried. Responding to a question, the Commissioner of Finance stated that for every $1,000,000 of assessed property value, the City would receive $17,850.00 in tax revenue. 11 96 -92 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 201 VLE 28 FEVRIER 2011 3.2 Directeur general : Aire exterieure pour les Harbourfront Residences a Three Sisters Proposition du conseiller Farren Appuyee par le conseiller Mott RESOLU que le rapport soumis intitule M/C 2011-29: Aire exterieure pour les Harbourfront Residences a Three Sisters Development, rue Water soit accepte a titre informatif et, de plus, que le conseil accepte la proposition presentee par Glen Group Ltd. et autorise le maire et la greffiere a signer les documents necessaires afferents a la proposition. A Tissue du vote, la proposition est adoptee. En reponse a une question, le commissaire aux finances indique que pour chaque tranche de 1 000 000 $ de valeur imposable de la propriete, la municipalite recevrait 17 850 $ en recettes fiscales. 3.3 Saint John Energy: Power Rate for Food Banks On motion of Deputy Mayor Chase Seconded by Councillor Snook RESOLVED that the letter from Saint John Energy dated February 7t", 2011, regarding a request for a discounted power rate for food banks, be received for information. Question being taken, the motion was carried. 3.3 Saint John Energy : Tarifs d'electricite pour les banques alimentaires Proposition du maire suppleant Chase Appuyee par le conseiller Snook RESOLU que la lettre de Saint John Energy, datee du 7 fevrier 2011, concernant un tarif d'electricite reduit pour les banques alimentaires soit acceptee a titre informatif. A Tissue du vote, la proposition est adoptee. 3.4 Enterprise Saint John: Activity Update On motion of Councillor Farren Seconded by Councillor Snook RESOLVED that the letter entitled Enterprise Saint John's January 2011 Activity Update be received for information and referred to the Economic Development Task Force. Question being taken, the motion was carried. 3.4 Enterprise Saint John : Compte rendu des activites Proposition du conseiller Farren Appuyee par le conseiller Snook RESOLU que la lettre intitulee Compte rendu des activites d'Enterprise Saint John de janvier 2011 soit acceptee a titre informatif et transmise au groupe de travail sur le developpement economique. A Tissue du vote, la proposition est adoptee. 3.5 SPRNG Letter: Rockwood Park Boundaries along Sandy Point Road On motion of Deputy Mayor Chase Seconded by Councillor Sullivan RESOLVED that the SPRNG letter dated February 2, 2011 entitled Rockwood Park Boundaries along Sandy Point Road, be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. 12 96 -93 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 2011 /LE 28 FEVRIER 2011 On motion of Deputy Mayor Chase Seconded by Councillor Sullivan RESOLVED that item 15.1 SPRNG Clarification Letter: Rockwood Park Boundaries Along Sandy Point Road, be moved forward on the agenda. Question being taken, the motion was carried. 3.5 Lettre de SPRNG : Limites du parc Rockwood le long du chemin Sandy Point Proposition du maire suppleant Chase Appuyee par le conseiller Sullivan RESOLU que la lettre de SPRNG datee du 2 fevrier 2011 intitulee Limites du parc Rockwood le long du chemin Sandy Point soit transmise au directeur general aux fins de rapport et de recommandations. A ('issue du vote, la proposition est adoptee. Proposition du maire suppleant Chase Appuyee par le conseiller Sullivan RESOLU que le point 15.1 Lettre de precision de SPRNG au sujet des limites du parc Rockwood le long du chemin Sandy Point soit avance dans I'ordre du jour. A ('issue du vote, la proposition est adoptee. 15.1 SPRNG Clarification Letter: Rockwood Park Boundaries Along Sandy Point Road On motion of Deputy Mayor Chase Seconded by Councillor Farren RESOLVED that the SPRNG letter dated February 17th, 2011, entitled Rockwood Park Boundaries along Sandy Point Road, be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. 15.1 Lettre de precision de SPRNG au sujet des limites du parc Rockwood le long du chemin Sandy Point Proposition du maire suppleant Chase Appuyee par le conseiller Farren RESOLU que la lettre de SPRNG datee du 17 fevrier 2011, intitulee Limites du parc Rockwood /e long du chemin Sandy Point soit transmise au directeur general aux fins de rapport et de recommandations. A ('issue du vote, la proposition est adoptee. 3.6 Friends of Rockwood Park Letter: Rockwood Park On motion of Deputy Mayor Chase Seconded by Councillor Farren RESOLVED that letter from Joan Pearce entitled Rockwood Park, dated February 10th, 2011, be referred to the City Manager. Question being taken, the motion was carried. 3.6 Lettre regue du groupe Friends of Rockwood Park : Parc Rockwood Proposition du maire suppleant Chase Appuyee par le conseiller Farren RESOLU que la lettre de Mme Joan Pearce intitulee Parc Rockwood », datee du 10 fevrier 2011, soit transmise au directeur general. A ('issue du vote, la proposition est adoptee. 13 96 -94 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 201 VLE 28 FEVRIER 2011 4. Disclosures of Conflict of Interest Councillor Norton disclosed a conflict of interest with item 11.4 Water Dispute with Town of Rothesay. 4. Divulgations de conflits d'interets Le conseiller Norton declare titre en conflit d'inter6ts relativement au point 11.4 Conflit avec I'administration de la Ville de Rothesay au sujet de I'eau. 5. Consent Agenda 5.1 That the PULSE Inc. letter dated February 11, 2011 regarding the progress to date on Rainbow Park, be received for information. 5.2 That the Seniors' Resource Centre letter dated February 16, 2011 requesting a donation towards the 50+ Friendship Games be referred to the City Manager. 5.3 That the A. Shaw letter dated February 22, 2011 and entitled Official Complaint #1 regarding noise pollution in the Lower South End be referred to the City Manager. 5.4 That the H. Sauerteig letter dated February 15, 2011 and entitled Planning for and Response to Emergencies of the Emera Brunswick Pipeline in Saint John, be received for information. 5.5 That the letter dated February 23, 2011 and entitled Rockwood Park, from Minister Trevor Holder be referred to the City Manager. 5.6 That as recommended by the City Manager in the submitted report M &C 2011 -36: Stop -Up and Close Unnamed Public Street in Glen Falls, 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 that Common Council authorize the publishing of a notice of the intention to consider passing of such By -law. 5.7 That as recommended by the City Manager in the submitted report M &C 2011 -035: Renewal of Water Supply Agreement — Musquash Watershed, Common Council authorize the extension of the agreement to draw water from the Musquash Watershed in accordance with the submitted document, and authorize the Mayor and Common Clerk to sign said documentation. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que la lettre de PULSE Inc. datee du 11 fevrier 2011 concernant I'avancement des travaux au parc Rainbow soit acceptee a titre informatif. 5.2 Que la lettre du Centre de ressources des afh6s datee du 16 fevrier 2011 sollicitant un don pour les Jeux de I'Amitie des afh6s soit transmise au directeur general. 5.3 Que la lettre d'A. Shaw datee du 22 fevrier 2011, intitulee Premiere plainte officielle, concernant la pollution par le bruit dans le quartier sud soit transmise au directeur general. 5.4 Que la lettre de H. Sauerteig datee du 15 fevrier 2011, intitulee Planification et intervention en cas d'urgence pour le Emera Brunswick Pipeline a Saint John, soit acceptee a titre informatif. 5.5 Que la lettre datee du 23 fevrier 2011, intitulee Parc Rockwood, reque du ministre Trevor Holder, soit transmise au directeur general. 14 96 -95 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 2011/LE 28 FEVRIER 2011 5.6 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011-36: Fermeture et barrage dune rue publique sans nom a Glen Falls, I'audience publique relative a I'adoption d'un arrete visant a fermer et a barrer un trongon d'environ 996 metres carres d'une rue publique designee comme etant la rue publique sans nom a Glen Falls soit fixee au 28 mars 2011, a 19 h, dans la salle du conseil et que le conseil communal autorise la publication d'un avis indiquant son intention d'adopter un tel arrete. 5.7 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -035: Reconduction de la convention d'approvisionnement en eau relative au bassin versant Musquash, le conseil communal autorise la prolongation de 1'entente de puisage d'eau dans le bassin versant Musquash conformement au document presente et qu'il autorise le maire et la greffiere communale a signer lesdits documents. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la recommandation formulee pour chacune des questions soumises a I'approbation du conseil soit adoptee. A Tissue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation 7. Proclamation 8. Delegations /Presentations 8. Delegations et presentations 10. Consideration of By -laws 10.1 Third Reading — Street Closing By -Law Amendment Portion of Main Street On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the by -law entitled "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John" regarding a portion of Main Street, be read. Question being taken, the motion was carried. The by -law entitled "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John" was read in its entirety. On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the by -law entitled "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John" regarding a portion of Main Street, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled "By -Law Number M -23, A By -Law to Amend a By -Law Respecting the Stopping Up and Closing of Highways in The City of Saint John." 15 96 -96 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 201 VLE 28 FEVRIER 2011 10. Etude des arret6s municipaux 10.1 Troisieme lecture du projet de modification de I'Arret6 concernant la fermeture de routes visant un trongon de la rue Main Proposition du conseiller Farren Appuy6e par le conseiller Sullivan RESOLU que I'arret6 intitul6 « Arret6 N° M -23, Arret6 modifiant I'AmM6 sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » relativement a un trongon de la rue Main fasse I'objet d'une lecture. A I'issue du vote, la proposition est adopt6e. L'arret6 intitul6 « Arret6 N° M -23, Arr6t6 modifiant I'Arret6 sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » est Iu int6gralement. Proposition du conseiller Farren Appuy6e par le conseiller Sullivan RESOLU que I'arr6t6 intitul6 « Arr6t6 N° M -23, Arret6 modifiant I'ArrW sur ('interruption de la circulation et la fermeture des routes dans The City of Saint John » concernant un trongon de la rue Main fasse ('objet d'une troisi6me lecture, qu'il soit 6dict6 et que le sceau communal y soit appos6. A I'issue du vote, la proposition est adopt6e. Troisieme lecture par titre de 1'arrW intitul6 « Arr6t6 No M -23, Arr6t6 modifiant I'Arr6t6 sur l'interruption de la circulation et la fermeture des routes dans The City of Saint John ». 10.2 Third Reading — Business Improvement Levy By -Law On motion of Councillor Farren Seconded by Councillor Mott RESOLVED that the by -law entitled "A Law to Amend By -Law Number BIA -2 Business Improvement Levy By -Law" by applying a levy of 16 cents for each one hundred dollars of assessed value for 2011, be read. Question being taken, the motion was carried. The by -law entitled "A Law to Amend By -Law Number BIA -2 Business Improvement Levy By -Law" was read in its entirety. On motion of Deputy Mayor Chase Seconded by Councillor Farren RESOLVED that the by -law entitled "A Law to Amend By -Law Number BIA -2 Business Improvement Levy By -Law" by applying a levy of 16 cents for each one hundred dollars of assessed value for 2011, be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled "A Law to Amend By -Law Number BIA -2 Business Improvement Levy By- Law." 10.2 Troisieme lecture de I'Arret6 concernant la contribution pour I'am6lioration des affaires Proposition du conseiller Farren Appuy6e par le conseiller Mott RESOLU que I'arr6t6 intitul6 « Arr6t6 modifiant I'Arr6t6 No BIA -2, Arretb concernant la contribution pour I'amblioration des affaires », visant a imposer une contribution de 16 cents par tranche de cent dollars de la valeur imposable pour 2011, fasse ('objet d'une lecture. A I'issue du vote, la proposition est adopt6e. 16 96 -97 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 2011/LE 28 FEVRIER 2011 L'arrete intitule o Arrete modifiant I'Arrete N° BIA -2, Arrete concernant la contribution pour I'amelioration des affaires » est lu integralement. Proposition du maire suppleant Chase Appuyee par le conseiller Farren RESOLU que I'arrete intitule « Arrete modifiant I'Arrete N° BIA -2, Arrete concernant la contribution pour I'amelioration des affaires », visant a imposer une contribution de 16 cents par tranche de cent dollars de la valeur imposable, fasse ('objet d'une troisieme lecture, qu'il soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete N° BIA -2, Arrete concernant la contribution pour I'amelioration des affaires ». 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment 78 Orange Street 9.1(b) Planning Advisory Committee Recommending Rezoning The Common Clerk advised that the necessary advertising was completed with regard to 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 number 00007450, from "B -1" Local Business to "RM -IF" Multiple Residential Infill with no objections being received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its February 15, 2011 meeting at which the Committee recommended the rezoning of a parcel of land located at 78 Orange Street as described above. The Mayor called for members of the public to speak against the amendment with no one presenting. The Mayor called for members of the public to speak in favour of the amendment with no one presenting. On motion of Councillor Farren Seconded by Councillor McGuire RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 460 square metres, located at 78 Orange Street, also identified as being PID number 00007450, from "B -1" Local Business to "RM -IF" Multiple Residential Infill, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" 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 number 00007450, from "B -1" Local Business to "RM -IF" Multiple Residential Infill, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." 17 96 -98 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 2011/LE 28 FEVRIER 2011 9. Audiences publiques a 19 h 9.1a) Projet de modification de I'Arrete de zonage relatif au 78, rue Orange 9.1b) Comite cons ultatif d'urbanisme recommandant le rezonage La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 460 metres carres situee au 78, rue Orange et portant le NID 00007450, afin de faire passer la classification s'y rapportant de zone commerciale locale « B -1 » a zone d'edifices a logements multiples sur terrain intercalaire « RM -IF », et qu'aucune objection n'a ete reque a cet egard. 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 15 fevrier 2011, au cours de laquelle le Comite a recommande le rezonage d'une parcelle de terrain situee au 78, rue Orange, telle qu'elle est decrite ci- dessus. Le maire invite le public a exprimer son opposition quant a la modification, mais personne ne prend la parole. Le maire invite le public a exprimer son appui quant a la modification, mais personne ne prend la parole. Proposition du conseiller Farren Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 78, rue Orange, d'une superficie approximative de 460 metres carres et portant le NID 00007450, pour faire passer la classification de zone commerciale locale « B -1 » a zone d'edifices a logements multiples sur terrain intercalaire « RM -IF », fasse I'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John » modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 78, rue Orange, d'une superficie approximative de 460 metres carres et portant le NID 00007450, pour faire passer la classification de zone commerciale locale « B -1 » a zone d'edifices a logements multiples sur terrain intercalaire « RM -IF », fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». 9.2(a) Proposed Zoning By -Law Amendment 1147 Loch Lomond Road 9.2(b) Planning Advisory Committee Recommending Rezoning with Section 39 Conditions 9.2(c) Letter of Opposition The Common Clerk advised that the necessary advertising was completed with regard to 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 number 00434548, from "RS -2" One and Two Family Suburban Residential to "RM -1" Three Storey Multiple Residential with one letter of objection received. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staffs report considered at its February 15, 2011 meeting in 96 -99 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 2011/LE 28 FEVRIER 2011 at which the Committee recommended the rezoning of a parcel of land located at 1147 Loch Lomond Road as described above with Section 39 Conditions. The Mayor called for members of the public to speak against the amendment with Ernie Maber of 138 Josselyn Road stating that he was opposed to the proposed connection to Josselyn Road noting that he has safety concerns. Mr. Bob Oulette of 132 Josselyn Road expressed safety concerns with the proposed connection to Josselyn Road. The Mayor called for members of the public to speak in favour of the amendment with Mr. Rick Turner of Hughes Surveys and Consultants, representing the applicant, advising that he was in general agreement with the Planning Advisory Committee's recommendation with the exception of the requirement to extend Josselyn Road from its current terminus to the proposed Public Street. Mr. Turner suggested that should Council decide that Josselyn Road should be connected, then the standard of the connection be consistent with the existing Josselyn Road to help minimize cost of the overall project. He further suggested that if a connection is required that the City should be responsible for any traffic calming measures that are identified in the traffic study. Responding to a question, the Commissioner of Planning and Development stated that the application submission from Hughes surveys clearly shows a future connection to Josselyn Road, noting that the connection was not suggested by staff. Father Eugene O'Leary, President of the holding company for the Knights of Columbus, appeared before Council in support of the proposed amendment, with the exception of the requirement to extend Josselyn Road from its current terminus to the proposed Public Street. Some Council members expressed concerns with certain section 39 conditions appearing in the Planning Advisory Committee report. On motion of Deputy Mayor Chase Seconded by Councillor Sullivan RESOLVED that Council accept the recommendations appearing in the submitted Planning Advisory Committee report entitled Proposed Rezoning - 1147 Loch Lomond Road with the exception of condition (i). Mr. Forrest advised that Council could approve 1S` and 2nd reading of the by -law at this meeting, noting that the section 39 conditions will be considered by Council at its the next meeting prior to the 3rd reading of the by -law. The motion was withdrawn by the mover with the concurrence of the seconder. On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land 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, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John" amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1.8 hectares, located at 1147 Loch Lomond Road, also identified as being 19 96 -100 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 2011/LE 28 FEVRIER 2011 a part of PID number 00434548, from "RS -2" One and Two Family Suburban Residential to "RM -1" Three Storey Multiple Residential, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." 9.2a) Projet de modification de I'Arrete de zonage visant le 1147, chemin Loch Lomond 9.2b) Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par I'article 39 9.2c) Lettre d'opposition La greffiere communale indique que les avis requis ont ete publies relativement a la modification de I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain d'une superficie d'environ 2,8 hectares situee au 1147, chemin Loch Lomond et portant le NID 00434548, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone d'edifices a logements multiples de trois etages o RM -1 », et qu'aucune objection n'a ete regue a cet egard. On procede egalement a 1'etude d'un rapport du Comite consultatif d'urbanisme qui presente un exemplaire du rapport du personnel d'urbanisme etudie lors de la seance du 15 fevrier 2011, au cours de laquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 1147, chemin Loch Lomond, telle qu'elle est decrite ci- dessus, sous reserve des conditions stipulees a I'article 39. Le maire invite le public a se prononcer contre la modification, et Ernie Maber du 138, chemin Josselyn indique qu'il s'oppose au projet de raccordement au chemin Josselyn et qu'il a certaines preoccupations en ce qui concerne la securite. M. Bob Oulette du 132, chemin Josselyn fait part de ses preoccupations en matiere de securite a 1'egard du projet de raccordement au chemin Josselyn. Le maire invite le public a se prononcer en faveur de la modification et M. Rick Turner (Hughes Surveys and Consultants), qui represente le requerant, indique qu'il est d'accord avec la recommandation du Comite consultatif d'urbanisme dans son ensemble, sauf pour ce qui est de 1'exigence de prolongement du chemin Josselyn a partir de son extremite actuelle jusqu'a la rue Public proposee. M. Turner suggere que, si le conseil decide d'aller de ('avant avec le projet de raccordement du chemin Josselyn, les normes de raccordement doivent respecter le chemin Josselyn existant afin de reduire au minimum les couts de ('ensemble du projet. II suggere en outre que, si un raccordement est necessaire, la municipalite devrait etre responsable des mesures de ralentissement de la circulation proposees dans 1'etude de la circulation. En reponse a une question, le commissaire a l'urbanisme et au developpement indique que la demande presentee par Hughes Surveys montre clairement un raccordement futur au chemin Josselyn et precise que le raccordement n'a pas ete suggere par le personnel. Le pere Eugene O'Leary, president de la societe de portefeuille des Chevaliers de Colomb, se presente devant le conseil pour se prononcer en faveur du projet de modification, sauf pour ce qui est de 1'exigence de prolongement du chemin Josselyn a partir de son extremite actuelle jusqu'a la rue Public proposee. Quelques membres du conseil expriment des preoccupations a 1'egard de certaines conditions de I'article 39 qui figurent dans le rapport du Comite consultatif d'urbanisme. Proposition du maire suppleant Chase Appuyee par le conseiller Sullivan RESOLU que le conseil accepte les recommandations figurant dans le rapport presente par le Comite consultatif d'urbanisme intitule « Projet de rezonage du 1147, chemin Loch Lomond », a 1'exception de la condition (i). 20 96 -101 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 2011/LE 28 FEVRIER 2011 M. Forrest indique que le conseil pourrait approuver les premiere et deuxieme lectures de 1'arrete au cours de la presente seance et mentionne que les conditions de I'article 39 pourraient titre examinees par le conseil a sa prochaine seance, avant que 1'arrete ne fasse ('objet d'une troisieme lecture. L'auteur retire sa proposition avec I'accord du conseiller qui l'appuie. Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 1147, chemin Loch Lomond, d'une superficie approximative de 1,8 hectare, inscrite en partie sous le NID 00434548, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone d'edifices a logements multiples de trois etages a RM -1 >>, fasse I'objet d'une premiere lecture. A Tissue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que 1'arrete intitule « Arrete modifiant I'AmM6 de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en procedant au rezonage d'une parcelle de terrain situee au 1147, chemin Loch Lomond, d'une superficie approximative de 1,8 hectare, inscrite en partie sous le NID 00434548, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone d'edifices a logements multiples de trois etages a RM -1 », fasse I'objet d'une deuxieme lecture. A Tissue du vote, la proposition est adoptee. Deuxieme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». 11. Submissions by Council Members 11.1 A Personal Commitment to Waste Reduction (Councillor Titus) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as outlined in the submitted letter from Councillor Titus entitled A Personal Commitment to Waste Reduction, Common Council encourage citizens to commit to "two bags or less" of residential waste. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Engagement personnel visant la reduction des dechets (conseiller Titus) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, tel qu'il est indique dans la lettre du conseiller Titus intitulee Engagement personnel visant la reduction des dechets, le conseil communal encourage les citoyens a s'engager a ne produire pas plus de deux sacs » de dechets. A ('issue du vote, la proposition est adoptee. 21 96 -102 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 201 VLE 28 FEVRIER 2011 11.2 Mobilizing Vacant Properties into Urban Neighbourhood Revitalization On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED 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. Question being taken, the motion was carried. 11.2 Mobilisation des lots vacants pour la revitalisation des quartiers urbains Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le directeur general et le conseil d'administration de I'organisme Saint John Non - Profit Housing se reunissent au cours du prochain mois pour amorcer des discussions strategiques concernant la mobilisation des lots vacants pour des possibilites de revitalisation des quartiers urbains. A ('issue du vote, la proposition est adoptee. 11.3 Waste Management Program (Deputy Mayor Chase) On motion of Deputy Mayor Chase Seconded by Councillor Titus RESOLVED that the City Manager be directed to select a neighbourhood in which the type of waste management service described in the submitted letter from Deputy Mayor Chase entitled Waste Management Programs could be piloted for a 6 month period. Question being taken, the motion was carried. On motion of Councillor Higgins Seconded by Councillor McGuire RESOLVED that item 12.5 Overnight Winter Parking Restriction on Lancaster Street be moved forward on the agenda. Question being taken, the motion was carried. 11.3 Programme de gestion des dechets (maire suppleant Chase) Proposition du maire suppleant Chase Appuyee par le conseiller Titus RESOLU que le directeur general soit charge de choisir un quartier ou le type de service de gestion des dechets decrit dans la lettre soumise par le maire suppleant Chase, intitulee Programmes de gestion des dechets, pourrait faire ('objet d'un projet pilote pendant une periode de six mois. A ('issue du vote, la proposition est adoptee. Proposition de la conseillere Higgins Appuyee par le conseiller McGuire RESOLU que le point 12.5 Restrictions relatives au stationnement de nuit sur la rue Lancaster en hiver soit avance dans I'ordre du jour. A ('issue du vote, la proposition est adoptee. 22 96 -103 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 2011/LE 28 FEVRIER 2011 12.5 City Manager: Overnight Winter Parking Restriction on Lancaster Street On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 -34: Overnight Winter Parking Restriction on Lancaster Street, 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. Question being taken, the motion was carried. 12.5 Directeur general : Restrictions relatives au stationnement de nuit sur la rue Lancaster en hiver Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -34 : Restrictions relatives au stationnement de nuit sur la rue Lancaster en hiver, le conseil mod ifie I'Arrete relatif a la circulation comme suit, et qu'il demande a I'avocat municipal de le reformuler adequatement et de le faire traduire : 1) ajout de la rue Lancaster, de la rue Sutton a la rue Clarence, a I'annexe R (rues exemptees des restrictions relatives au stationnement de nuit en hiver); 2) ajout de la rue Lancaster, de la rue Sutton a la rue Clarence, a I'annexe H (stationnement de nuit alterne durant la periode hivernale); 3) suppression la rue Sutton, du chemin City Line a la rue Lancaster, dans I'annexe R. A Tissue du vote, la proposition est adoptee. 11.4 Water Dispute with Town of Rothesay (Deputy Mayor Chase) (Councillor Norton withdrew from the Meeting) The Commissioner of Municipal Operations provided background information regarding the agreement between The City of Saint John and the Town of Rothesay respecting the supply of water by The City of Saint John to the areas known as Kennebecasis Park and Hastings Cove. Responding to question regarding whether the Water Committee could hold a meeting with the Town of Rothesay in relation to the water supply of Kennebecasis Park while The City of Saint John has commenced legal proceedings on the matter, the City Solicitor advised that the two processes could run concurrently. On motion of Deputy Mayor Chase Seconded by Councillor Titus RESOLVED that members of the Saint John Water Utility Committee request a meeting with representatives of the Town of Rothesay to discuss Rothesay's recent decision to disconnect the Kennebecasis Park area from the City of Saint John's water supply lines. Question being taken, the motion was carried with Councillor McGuire voting nay. (Councillor Norton re- entered the meeting) 23 96 -104 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 201 VLE 28 FEVRIER 2011 11.4 Conflit avec I'administration de la Ville de Rothesay au sujet de I'eau (maire suppleant Chase) (Le conseiller Norton quitte la seance.) Le commissaire aux operations municipales fournit des renseignements generaux sur 1'entente survenue entre The City of Saint John et la Ville de Rothesay concernant le service d'approvisionnement en eau assure par The City of Saint John aux secteurs connus sous les noms de Kennebecasis Park et Hastings Cove. En reponse a une question a savoir si le comite compose des membres de Saint John Water peut organiser une rencontre avec la Ville de Rothesay pour discuter de I'approvisionnement en eau du secteur de Kennebecasis Park meme si The City of Saint John a entame des procedures judiciaires a cet egard, I'avocat municipal confirme que les deux processus peuvent avoir lieu en parallele. Proposition du maire suppleant Chase Appuyee par le conseiller Titus RESOLU que le comite des services publics de I'eau de Saint John demande la tenue d'une reunion avec les representants de la Ville de Rothesay pour discuter de la recente decision de Rothesay d'exclure le secteur de Kennebecasis Park du reseau d'approvisionnement en eau de The City of Saint John. A I'issue du vote, la proposition est adoptee. Le conseiller McGuire vote contre la proposition. (Le conseiller Norton reintegre la seance.) 12. Business Matters - Municipal Officers 12.1 Common Clerk: Designation of Head under RTIPPA David Burke, Privacy, Access, Records and Information Management Officer, appeared before Council and responded to questions respecting the Right to Information and Protection of Privacy Act ( RTIPPA). On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the Common Clerk be designated by resolution 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 resolution for presentation to Common Council at a subsequent meeting which so appoints the Common Clerk to the role of "head ". Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Greffiere communale : Designation d'un responsable en vertu de la Loi sur le droit a Pinformation et la protection de la vie privde David Burke, agent de gestion des dossiers, de I'acces a ('information et de la protection des renseignements personnels se presente devant le conseil et repond A des questions au sujet de la Loi sur le droit a Finformation et la protection de la vie privee. Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que la greffiere communale soit designee par resolution comme « responsable », tel que ce terme est defini par et aux fins de la Loi sur /e droit a 1'information et la protection de la vie privee, et que I'avocat municipal soit charge de preparer une resolution, qu'il soumettra au conseil communal lors d'une prochaine reunion, visant A nommer la greffiere communale au role de « responsable >>. A I'issue du vote, la proposition est adoptee. 24 96 -105 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 2011/LE 28 FEVRIER 2011 12.2 City Solicitor: Harbour Clean -Up Project On motion of Deputy Mayor Chase Seconded by Councillor Farren 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) be deleting "January 19, 2011 " and substituting therefor "May 21, 2011 ". Question being taken, the motion was carried. 12.2 Avocat municipal : Travaux de nettoyage du port Proposition du maire suppleant Chase Appuyee par le conseiller Farren RESOLU que 1'alinea 10d) du protocole d'entente date du 8 fevrier 2010, conclu entre Universal Sales, Limited et al. et The City of Saint John, tel qu'il a ete modifie, soit modifie en supprimant la date du o 19 janvier 2011 v et en la remplagant par le « 21 mai 2011 ». A Tissue du vote, la proposition est adoptee. 12.3 Commissioner of Finance: Capital Financing 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 30 days from this day, move or cause to be moved the following resolution: On motion of Deputy Mayor Chase Seconded by Councillor McGuire RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements, that is to say: The City of Saint John Proposed issue of Debentures To Be Dated On or After March 30, 2011 Purpose of Issue General Fund 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 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. voting nay. Question being taken, the motion was carried with Councillor Higgins 25 96 -106 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 201 VLE 28 FEVRIER 2011 12.3 Commissaire aux finances : Financement des immobilisations Monsieur le Maire donne lecture de l'avis de motion suivant : « Par les pr6sentes, je vous avise, qu'au cours d'une seance du conseil communal, tenue a la suite de 1'expiration d'un delai de 30 jours a compter de ce jour, je presenterai ou ferai presenter la resolution suivante : Proposition du maire suppl6ant Chase Appuyee par le conseiller McGuire Compte tenu de la n6cessit6, dans l'interet public, de proc6der a 1'ex6cution de travaux publics et d'apporter certaines ameliorations municipales, relativement aux elements 6numer6s ci- dessous : The City of Saint John Emission d'obligations non garanties propos6es Date d'6mission : le 30 mars 2011 ou ult6rieurement Objet de I'emission : Fonds d'administration Administration g6n6rale 2 000 000 $ Services de protection 7 500 000 $ Services de transport 10 500 000 $ D6veloppement 6conomique 3 500 000 $ Pares et loisirs 3 500 000 $ Services d'agueduc et d'egouts Reseau d'aqueduc 7 000 000 $ Reseau d'6gouts 7 000 000 $ Total 27 000 000 14 000 000 41 000 000 $ IL EST RESOLU que des obligations non garanties soient 6mises conformement aux dispositions des Iois de la Chambre d'assembl6e, 52 Victoria, chapitre 27, article 29, ainsi que les modifications afferentes, pour le montant de 41 000 000 $. » A Tissue du vote, la proposition est adopt6e. La conseillere Higgins vote contre la proposition. 12.4 City Manager: Drinking Water Treatment Facility — Site Access On motion of Deputy Mayor Chase Seconded by Councillor Higgins 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. Question being taken, the motion was carried. 12.4 Directeur general : Installation de traitement de I'eau potable — Acces Proposition du maire suppleant Chase Appuyee par la conseillere Higgins RESOLU que, en ce qui concerne la conception preliminaire propre aux installations de traitement de 1'eau potable de Saint John a Little River, les services d'ing6nierie retenus par la municipalit6 en vertu d'une resolution adopt6e le 17 janvier 2011 par suite d'une presentation de RV Anderson Associates Limited et les travaux qui doivent titre entrepris dans le cadre d'une etude d'impact sur 1'environnement soient jug6s souhaitables pour ce qui est de la prestation par la municipalite des services d'aqueduc et d'eaux us6es aux citoyens. A Tissue du vote, la proposition est adopt6e. 26 96 -107 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 2011/LE 28 FEVRIER 2011 13. Committee Reports 13.1 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 February 21, 2011, Common Council makes the following appointments to committees: 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 Gogan, 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 Hope 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. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Comite plenier : Recommandations de nominations pour sieger aux comites Proposition du maire suppleant Chase Appuyee par le conseiller Farren RESOLU que, comme le recommande le comite plenier qui s'est reuni le 21 fevrier 2011, le conseil communal approuve les nominations suivantes pour sieger aux comites : Commission d'energie de The City of Saint John : Que Chris Cook soit nomme pour un mandat de trois ans, soit du 13 mars 2011 au 13 mars 2014. Groupe de travail sur le developpement economique : Que le maire Court et le conseiller Titus soient nommes copresidents et que le conseiller McGuire, la conseillere Higgins, la ministre Margaret -Ann Blaney, Kathy Craig, Tony Gogan, John Irving et Dale Knox soient nommes membres pour un mandat devant debuter le 28 fevrier 2011 et se terminer lorsqu'un rapport final sera presente au conseil. PRO Kids : Que le mandat de Danny Jardine soit reconduit jusqu'au 31 decembre 2011, que le mandat de Gerry Maher, Katie Langmaid et Kathryn Davison soit reconduit jusqu'au 31 decembre 2012, et que Jacqueline Thibodeau, Lisa Frechette et Andrew Green soient nommes pour un mandat qui prendra fin le 31 decembre 2012. Comite de revision de I'impot foncier : Qu'Anne Murphy soit nommee pour un mandat allant du 28 fevrier 2011 au 31 decembre 2011. Comite City of Saint John Non - Profit Housing : Que le mandat de Richard Gradon, Wayne Wolfe, Donald Gillis et D. MacGregor Hope soit reconduit du 3 mars 2011 au 3 mars 2014. Conseil d'amenagement du patrimoine : Que Gordon Hewitt soit nomme pour un mandat de trois ans, soft du 28 fevrier 2011 au 21 fevrier 2014. A I'issue du vote, la proposition est adoptee. 27 96 -108 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 201 VLE 28 FEVRIER 2011 13.2 Planning Advisory Committee: Secord Subdivision Phase 2 Abigail Place Responding to a question, the Commissioner of Planning and Development stated that the submitted subdivision plans are not consistent with the direction in which Plan SJ is moving. He noted that the property in question has met all of the requirements of the City's zoning and subdivision by -laws, adding that many phases of this subdivision have already proceeded and that this would be the final phase of the project. On motion of Councillor McGuire Seconded by Councillor Snook RESOLVED that Common Council: 1) 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) 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) 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) 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). Question being taken, the motion was carried with Councillors Sullivan, McGuire and Higgins voting nay. 13.2 Comite consultatif d'urbanisme : Lotissement Secord, phase 2, place Abigail En reponse a une question, le commissaire a I'urbanisme et au developpement indique que les plans de lotissement qui ont ete soumis ne sont pas conformes avec ('orientation adoptee par PlanSJ. II mentionne que la propriete en question repond a toutes les exigences des arretes de zonage et de lotissement de la municipalite, et ajoute que de nombreuses phases de ce lotissement ont deja ete franchies et qu'il s'agira de la phase finale du projet. Proposition du conseiller McGuire Appuyee par le conseiller Snook RESOLU que le conseil communal 1) approuve le ou les plans de lotissement en une ou plusieurs phases conformement, de maniere generale, au plan provisoire de la phase 2 du lotissement Secord presente, ainsi que toute servitude necessaire aux fins de services d'utilite publique, sous reserve des conditions suivantes : (a) la conception du rond -point situe a 1'extremite du prolongement propose de la place Abigail doit titre revue afin de satisfaire aux dispositions de I'Arrete de lotissement; (b) des indications appropriees doivent apparaitre sur toute version definitive du plan de lotissement du present lotissement pour indiquer qu'une installation surelevee avec tertre d'infiltration de fosse septique et de systeme de traitement des eaux usees sera probablement necessaire sur tous les terrains; 96 -109 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 2011/LE 28 FEVRIER 2011 2) approuve I'affectation du terrain d'utilite publique proposee, comme le montre le plan provisoire de la phase 2 du lotissement Secord presente, d'une superficie approximative de 11 030 metres carres; 3) autorise I'acceptation des servitudes de drainage necessaires d'une largeur de 6 metres (20 pieds), comme le montre de fagon generale le plan provisoire du lotissement Secord, sous reserve des conditions suivantes : (a) les servitudes de drainage doivent titre clairement indiquees sur le plan de lotissement final, l'usage doit titre precise et les actes necessaires doivent titre enregistres contre le terrain vise, accordant ainsi a The City of Saint John les droits de maintien et d'amelioration du cours du drainage prevu; (b) I'amenagement du cours de drainage a l'interieur des Iimites desdites servitudes doit titre conforme au plan de drainage detaille approuve par I'ingenieur municipal en chef ou par son remplagant; 6) autorise la redaction et la signature de contrats de lotissement entre la municipalite et le promoteur afin de permettre 1'execution des travaux requis et la mise en place des installations necessaires, y compris 1'e1aboration de plans de situation et de drainage detailles soumis a I'approbation de l'ingenieur municipal en chef ou de son remplagant ainsi que les travaux associes au cours de drainage mentionnes a I'article 3. A Tissue du vote, la proposition est acceptee. Les conseillers Sullivan et McGuire, et la conseillere Higgins votent contre la proposition. 13.3 Committee of the Whole: Recommended Appointments to Committee On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that as recommended by the Committee of the Whole, having met on February 28, 2011, Common Council makes the following appointments to committees: Saint John Community Arts Board: to re- appoint Michael Wennberg for a one year term from February 28, 2011 to February 28, 2012. Power Commission of The City of Saint John: to re- appoint Bernard Desmond for a three year term from March 13, 2011 to March 13, 2014. Economic Development Task Force: to appoint Mayor Grace Losier as an ex- officio member, without a vote, until such time that the Task Force submits a final report to Council; and further, that the other regional Mayors be invited, at the discretion of the Task Force, for their input. Question being taken, the motion was carried with Councillors Higgins and Snook voting nay. 13.3 Comite plenier : Recommandations denominations pour sieger au comite Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que, comme le recommande le comite plenier qui s'est reuni le 28 fevrier 2011, le conseil communal approuve les nominations suivantes pour sieger aux comites : Conseil d'administration des arts de la communaute de Saint John : Que le mandat de Michael Wennberg soit reconduit pour un an, soit du 28 fevrier 2011 au 28 fevrier 2012. Commission d'energie de The City of Saint John : Que le mandat de Bernard Desmond soit reconduit pour trois ans, soit du 13 mars 2011 au 13 mars 2014. Groupe de travail sur le developpement economique : Que la mairesse Grace Losier soit nommee membre d'office, sans droit de vote, jusqu'a ce que le groupe de travail puisse presenter un rapport final au conseil; de plus, que les autres maires regionaux soient invites, a la discretion du groupe de travail, a presenter leurs commentaires et suggestions. A Tissue du vote, la proposition est adoptee. La conseillere Higgins et le conseiller Snook votent contre la proposition. 29 96 -110 COMMON COUNCIL /CONSEIL COMMUNAL FEBRUARY 28, 201 VLE 28 FEVRIER 2011 13.4 Committee of the Whole: Recommended Appointment to a Committee On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the Commissioner of Finance be appointed to a technical committee of a joint task force of the three associations of New Brunswick to study municipal funding. Question being taken, the motion was carried. 13.4 Comite plenier : Recommandations denominations pour sieger au comite Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le commissaire aux finances soit nomme pour sieger a un comite technique d'un groupe de travail conjoint des trois associations du Nouveau - Brunswick en vue d'etudier le financement municipal. A ('issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 15. General Correspondence 15. Correspondance generale 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 & C 2011 -72 March 24, 2011 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council: SUBJECT: Partnership with the Salvation Army PURPOSE: The City of Saint John The purpose of this report is to update Common Council about the Saint John Fire Department's partnership with the Salvation Army. This partnership will assist the Salvation Army with housing and minor care of their newly acquired Community Response vehicle (CRV). BACKGROUND: The Salvation Army has supported the Saint John Fire Department and our community for many years by helping people in need, not only during emergency disasters situations and emergency incidents, but also helping people with the basic necessities of life by providing shelter for the homeless. The Salvation Army has acquired a Community Response Vehicle (CRV) through the generosity of the Harold E Ballard Foundation. This vehicle is a mobile response vehicle and a mobile canteen feeding unit. It is totally self sufficient and capable of feeding more than 2500 people a day in the aftermath of a hurricane or other disasters both locally or nationwide when needed. This unit is the only one of its kind in New Brunswick and one of only two in Atlantic Canada. ANALYSIS 31 Page 2 In 2009, over 100,000 Maritimers turned to the Salvation Army for support and assistance. On a daily basis, the Salvation Army supports our community through their St. James Street hostel providing housing needs and care for those in time of need. Throughout the year, the Salvation Army holds Turkey Drives and Kettle Fundraisers through the Christmas season as a means of raising funds for the needy. The Salvation Army assists over 994,000 people with food, clothing and practical assistance every year. The Salvation is looking to partner with the Saint John Fire Department in housing this unit. As well, our department will assist with minor care and cleaning of this unit to assure it is ready to be deployed at a moment's notice. Space always has been and will continue to be a challenge in our department, but with Ambulance N.B. moving in a direction that will see them building a new stand -alone building in the next few months, we will have a couple of options to assist the Salvation Army with the housing of this unit. We will house this unit at our # 1 Fire Station on Leinster Street. This will make it very accessible to them from both their St. James Street location as well as Prince Edward Street offices. The CRV arrived in Saint John on Friday, March 0; it is currently being safety inspected and having finishing touches applied to appliances so it can be put into service as soon as possible. Training is scheduled to begin for Salvation Army personnel in early April. CONCLUSION: The Saint John Fire Department supports this partnership with the Salvation Army by providing housing and minor care of their CRV. This project is a very worthy program that will serve our community, citizens and Emergency Response personnel in times of need. RECOMMENDATION: That this report be received and filed. Respectfully submitted, Mark Gillan, C.F.O., MIFireE Acting Fire Chief J. Patrick Woods, C.G.A. City Manager Attachment 32 _0 Division Maritime 33 Page 3 REPORT TO COMMON COUNCIL M &C2011 -64 March 24, 2011 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Contract No. 2010 -4: Dever Road Water Transmission Main PURPOSE The purpose of this report is to update Council on the status of the Dever Road Water Transmission Main project and associated costs. BACKGROUND T7 The City of Saint John Contract 2010 -4 consists of a project that was approved under the 2010 Water and Sewerage Utility Fund Capital Program as follows: The work consists generally of the supply of all necessary labour, material, and equipment for the installation of 2060m of 600mm, 468m of 250mm and 1364m of 200mm diameter water main, along Dever Road, Church Avenue, a portion of Main Street West, and adjacent to a section of Greenhead Road. Common Council, at its meeting of May 25, 2010, awarded Contract 2010 -4 (M &C 2010 -173) to Galbraith Construction Ltd. at a tender amount of $5,206,783.49. Funding approval for this Safe, Clean Drinking Water project was received in the amount of $3,900,000.00 cost shared three ways under the Stimulus Program. As identified in M &C 2010 -173 the Adelaide Street Sanitary, Adelaide Street Water, Hillcrest Drive Sanitary, Hillcrest Drive Water, Creighton Avenue Sanitary, Rothesay Avenue Wastewater Pumping Station Forcemain and Cottage Hill Zone Watermain projects were deferred from the 2010 Water & Sewerage Utility Fund Program to future years with the available funding ($1,375,000) utilized to permit the Dever Road Water Transmission Main project to proceed. ANALYSIS The work under Contract 2010 -4 has been completed. The final quantities and summary of change orders are being finalized between the City and the contractor. The change orders and variations in quantities are presented as follows: 34 M &C2011 -64 March 24, 2011 Page 2 Change orders associated with the removal and $145,940.98 replacement of the trunk timber sewer and manholes including special waste disposal. 2. Change orders associated with the adjustment of $ 49,781.33 manhole covers, expansion joint on bridge pipe, removing lead service, installation of MJ water main caps plus other miscellaneous change orders. Variation in Quantities associated with increased $407,505.20 asphalt tonnage. 4. Variation in Quantities associated with increased $ 51,476.12 rock breaking, water service pipe & fittings, hydrant pipe, water main fittings, insulation, sewer service repairs, storm pipe leads, adjustments of structures, sod and other unit rate items. Total Change Orders and Variation in Quantities: $654,703.63 Minus: Contingency Allowance: - $263,290.00 Net Additional Cost: $391,413.63 COST SUMMARY Original Contract Value: $ 5,206,783.49 Minus Contingency Allowance: -$ 263,290.00 Value of Original Estimated Work: $ 4,943,493.49 Summary of Change Orders: +$ 195,722.31 Estimated Variations in Quantities: +$ 458,981.32 Estimated Final Contract Value: $ 5,598,197.12 The estimated final contract value based on quantities and change orders is $5,598,197.12. The difference between the estimated final contract value and the original tendered price is $391,413.63 ($5,598,197.12 - $5,206,783.49). The approved budget under the 2010 Water and Sewerage Utility Fund Capital Program including the original Dever Road project budget of $3,900,000 plus the $1,375,000 of deferred projects totals $5,275,000.00. The estimated final construction cost for this project including staff resources, construction inspection fees and after considering the City's eligible HST rebate is $5,625,404, a difference of $350,404 ($5,275,000 - $5,625,404) in the Water and Sewerage Utility Fund Capital Program. The Cottage Hill Zone Design for Champlain Heights Pumping Station Upgrades ($40,000), Lancaster Avenue /Main Street West — Design for Watermain Cleaning & Lining ($70,000), 35 M &C2011 -64 March 24, 2011 Page 3 Water Transmission Tunnels at Airport - Inspection & Design ($100,000), and the Robertson Lake Dam Design for Rehabilitation ($150,000) projects were deferred from the 2010 Water & Sewerage Utility Fund Program to future years and the funding totaling ($360,000) is available and will be utilized as an offset for the $350,404 cost difference. RECOMMENDATION It is recommended that Common Council receive and file this report. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick, Woods, CGA City Manager 36 e M &C 2011 -69 March 23, 2011 His Worship Ivan Court and Members of Common Council: Your Worship and Councillors: SUBJECT: Facility Condition Assessment and Capital Planning Study in Support of the Public Sector Accounting Board Project BACKGROUND Various departments within the City of Saint John, including the Facility Management Division, are working diligently to gather, assess, review, and record information with respect to City -owned Tangible Capital Assets (TCAs) in an effort to meet the standard accounting and reporting requirements of the Public Sector Accounting Board (PSAB). These standard accounting methods and reports will soon be a requirement of the Province of New Brunswick and there is the potential to jeopardize funding from other levels of government if we do not meet these standards. The Facility Management Division is responsible for the operation and maintenance of over 90 City -owned facilities. In order to account for these TCAs in accordance with PSAB requirements, extensive historical data/document review, physical assessments, cost estimating, and reporting has to be completed within a very short timeframe. Due to existing workloads of staff, this will not be possible without outside support from a professional organization experienced in this type of undertaking. ANALYSIS In 2010, a Request for Proposals (RFP) was issued to solicit proposals from qualified consultants to complete a Facility Condition Assessment and Capital Planning Study on nine (9) City -owned facilities to assess their condition and develop a realistic plan for future capital renewal requirements. Following a competitive bidding process and completion of the proposal review, the evaluation committee unanimously ranked the proposal from VFA Canada as the highest, as it fully encompassed the required scope of work and technical requirements and illustrated the organization's experience in other similar projects. The Contract for this work was subsequently awarded to VFA Canada following approval by Common Council (M &C 2010 -409). This work is currently underway and is essential towards accounting for our facility Tangible Capital Assets (TCAs) in accordance with PSAB requirements as previously mentioned. 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 37 Report to Common Council Page -2- March 23, 2011 The Facility Management Division in consultation with Materials and Fleet Management requested a financial proposal directly from VFA Canada for the review of 17 additional facilities, with a scope of work equal to the 2010 RFP, to further support the PSAB initiative. On March 22, 2011, VFA Canada provided a fee proposal totaling $43,188.00 plus HST. Staff from Facility Management Division and Materials and Fleet Management agree that this fee proposal presents a great overall value to the City of Saint John. It also ensures that there is consistency in the information that will be provided to assist us as we move forward with PSAB, which would not be realized if a second outside organization was involved in the work. FINANCIAL CONSIDERATIONS The total cost for professional services to complete this work, if awarded as recommended will be $43,188.00 plus HST. This is a planned expenditure which is well within the funds that have been allocated in the 2011 Facility Management Capital Budget. INPUT FROM OTHER SOURCES Representatives from Materials and Fleet Management and the Finance Department were consulted during request for quotation process and during the development of the recommendation for this work. RECOMMENDATION Your City Manager recommends that the financial proposal submitted by VFA Canada to complete a Facility Condition Assessment and Capital Planning Study on 17 City -owned facilities be accepted at a cost of $43,188.00 plus HST. Respectfully submitted, Trevor Gamblin, M.Sc.E., P.Eng. Manager, Facility Management Amy Poffenroth, P.Eng., MBA Deputy Commissioner Building & Inspection Services Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M &C- 2011 -53 March 25, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Encroachment Rockwood Park Entrance BACKGROUND: City of Saint John As part of the Rockwood Park entrance reconstruction Mr. and Mrs. Kevin Halcrow's property at 25 Rocky Terrace was encroached upon. The upper parking lot build -out resulted in a 15 sq. m. portion of the Halcrow's land being impacted as a granite retaining wall was removed, a mature spruce tree was cut down and the slope from Rocky Terrace (over Halcrow property) to the parking lot was graded. The work was undertaken by a contractor hired by the City however we have a responsibility to rectify the situation on behalf of the property owner. There are two items which require compensation; the mature spruce which has subsequently been replaced by a new and much smaller spruce, had intrinsic value to the owners. Stumpage is not really an adequate measure of value as it is not the commercial value of the tree but the sentimental value. The other impact was 13 sq. meters of land essentially taken and formed as part of the landscaped portion of the parking lot. R/E Services offered a lump sum $250 for the felled mature spruce and an additional $250 for the encroached upon area and further suggested the City would have the unused granite retaining wall slabs removed from their property. The City should also reimburse the Halcrow's for their legal costs to a maximum $500. The Halcrow's have graciously accepted the nominal offer as they now wish to simply clean up the matter and move on. Attached is the signed offer. 39 M & C-2011-53 - 2 - March 28, 2011 RECOMMENDATION: That Common Council resolve to acquire a 15 sq. m. +/- portion of PID 21295 from Mr. And Mrs. Halcrow under the terms and conditions attached in the offer attached to Common Council Report 2011 -53 and further that the Mayor and Common Clerk be authorized to execute any document necessary to effect the transfer. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager Attachment w `f �R :stsg,t,..igr vlpS C3 Y ^ R W ae• ' e• o� III n £a s �Z �VE � F !1 � SSS 6 pig : la, 8� H q Ir I 115 flip Jig � € 11RH � o Hal . A 7 rl a4 f � f � f t i y n k' i4gg� O sIN I � a axe 41 Land Acquisition Proposal: Halcrow Land Rocky Terrace Lot Area: 15 meters sq. +/- Frontage:9.6 m +/- Sale Price; Tree Compensation: Net Acquisition Price: Conditions of Sale: $250 + HST $250 + HST $500+ HST -City of Saint John to prepare and pay for any subdivision plan required to facilitate the transfer. -City of Saint John to reimburse Halcrow for legal expenses to a maximum $350 Plus HST and any discharge fees necessary to facilitate the transfer. -The City of Saint John shall remove granite curbing at its sole cost and expense from Halcrow property. -This offer is subject to the approval of City of Saint John Common Council I V_ L-c-+ W agree with the terms and conditions contained in this offer and have the authority to bind. Kevin Halcrow Date :r, M & C — 2011 -62 March 25, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Harbour Clean -Up — SLS #10a, SLS #24, and Collector Sewer(s) for SLS #8 BACKGROUND: At its meeting of 30 March 2009 Common Council adopted a series of resolutions relating to the City's proposed acquisition of real property rights for the remainder Harbour Clean -Up project beyond the Lift Station #4 Project. These resolutions covered the drainage areas of SLS #8 (Broad & Crown Streets), SLS #10a (Chesley Drive), and SLS #24 (Kennedy Street). The City's rights under Notices of Entry given to various owners pursuant to the resolutions of 30 March 2009 have now lapsed. Also, at that time all of the exact properties in the SLS #8 area (Broad & Crown Streets) that would be affected by the Harbour Clean -Up Project had not yet been identified. The design engineers have since confirmed and determined that PID 00000075 will be affected by the reconfiguration and upgrading of sanitary sewers in this area. In order for the design engineers to complete their designs and/or for the property acquisition process to continue in the SLS #8 (Broad & Crown Streets), SLS #10a (Chesley Drive), and SLS #24 (Kennedy Street) areas, Notices of Entry are required and further resolutions need to be adopted in that regard. 43 Report to Common Council Page 2 March 25, 2011 RECOMMENDATION: That the Common Council adopt the following resolutions: I. Be it confirmed and resolved that it continues to be the objective of The City of Saint John to construct the Harbour Clean Up Project sewer lift stations SLS #8 (Crown Street), SLS #10a (Chesley Drive), and SLS #24 (Kennedy Street), together with the associated force mains and gravity sewers. II. Be it resolved that: (a) the City Solicitor or his designate be authorized to commence and proceed with the expropriation process to acquire access and title to the lands required to permit the construction and operation of the Harbour Clean Up Project sewer lift stations SLS #8 (Crown Street), SLS #10a (Chesley Drive), and SLS #24 (Kennedy Street), together with the associated force mains and gravity sewers; and, (b) Common Council hereby appoint each of CBCL Limited and Crandall Engineering Ltd. — Engineering, Surveying, Design, Project Management, Environmental Permitting Work; deStecher Appraisal Ltd. - Appraisal Services; Kierstead, Quigley & Roberts Ltd. — Surveying, Line Cutting; Hughes Surveys & Consultants — Surveying, Line Cutting; Conquest Engineering Ltd. — Geotechnical Analysis and Reporting; W &S General Contractors - Environmental Soil Investigation if required, the City's agents to make surveys, take levels, and make such borings, sink such trial pits or conduct such other tests as are necessary to ascertain suitability of the lands to be expropriated for the construction and operation of the remainder of the Harbour Clean Up Project; and (c) Common Council hereby authorize entry by its employees and by its said agents upon the lands to be expropriated for the construction and operation of the remainder of the Harbour Clean Up Project. III. Be it further resolved that: (a) the Mayor and Common Clerk be authorized to execute a Notice of Entry pursuant to the provisions of the Expropriation Act, Chapter E -14, RSNB 1973 and amendments thereto and the Regulations thereunder with respect to each property on which the remainder of the Harbour Clean Up Project shall be located and through which the associated force mains and gravity sewer shall run, such notice to advise that the City, its employees and its named agents intend to enter upon the properties in question, being PID's .. Report to Common Council March 25, 2011 Page 3 00377150, 55006043, and 00000075, commencing not earlier than April 11, 2011, and continuing as necessary but in no event later than June 30, 2011 for the purpose of conducting activity to determine the suitability of the lands for the purposes of the remainder of the Harbour Clean Up Project; and (b) the City Solicitor or his designate arrange that such Notice of Entry be given in accordance with the requirements of the Expropriation Act. IV. Be it further confirmed and resolved that the City Manager be directed to proceed to negotiate the acquisition by agreement, all land interests required in connection with the proposed remainder of the Harbour Clean Up Project to a maximum of 125% of appraised values. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager Attachments PW /P 45 Service New Brunswick Service Nouveau-Brunswick Map Scale / tchelle cartographique'l " 2841 m I z Z l< 0 M LD z L z zl- i 5 f T - W161. 9280��"rat Ml MARBLE COVE LU 8 1p -j Lu 30k*4 APPLIED PRESSURE INC APPLIED PRESSURE INC 11 1 D. IRVING LIMITED I us 0 lu �i ca ly- m M & C — 2011 -56 March 25, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: HARBOUR CLEAN -UP — LIFT STATION # 30 Stop Up and Close Portion of Fallsview Drive Design engineering has determined that the proper location for Harbour Clean -Up sewer lift station #30 is on a portion of Fallsview Drive at its intersection with Riverview Avenue West. It consists of an area of 819 sq m of currently unused street right of way bordered on the north and east by the paved portion of Fallsview Drive and Riverview Avenue West, on the south by other undeveloped lands of the City and on the west by lands of J.D. Irving Limited. The attached Kierstead Quigley and Roberts Ltd. preliminary plan Dwg. No. 3082 shows the location of the proposed lift station lot, and the attached CBCL Limited drawing No. L4 dated February 25, 2011 illustrates the layout. The City's Municipal Operations and Leisure Services departments have discussed this proposed lift station location, and both departments support both the proposed location and layout. Staff have also consulted with Saint John Waterfront Development and have received confirmation that the layout will not conflict with the future proposed trajectory of Harbour Passage through this area. The proposed lift station lot does not impact any City lands currently leased to the owner /operator of the Reversing Falls restaurant(s). In order to properly accommodate the proposed lift station, this portion of Fallsview Drive should be stopped up and closed. Staff therefore seek Common Council's direction to initiate the stop -up and closing of this portion of Fallsview Drive so that Lift Station #30 may be comfortably constructed within the 2011 construction season. RECOMMENDATION: 1. That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 819 square metre ± portion of a public street known as Fallsview Drive, be set for Tuesday April 26, 20117:00 p.m. in the Council Chamber, and, 2. That Common Council orders the publishing of a notice of its intention to consider the passing of such By -Law pursuant to section 187(6)(b) of the Municipalities Act.. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development I Patrick Woods, C.G.A. City Manager PW /P attachments 50 O cc 0 0 (D r o > CE 0 ET z C? (1) 'o - I-- 9 9 2�1,0 4vm 'D LL. C: 9 8 o JE' CI-. LL) :3 vp (X V/) LLA z � 0 o (1) m f 72 o -a 4) -0 & 0 1,3 :3 U) O o g �i -:E 912He-,-,9--r,E , r- C m I En 0 6 e 0 0 E LL- r .5 �N A 1 1. , , 1 E 4; Z � . 8 " :-- -9 3,e E 1� u E Ly w CC i Flld ..,V.s U,40P Jul uqor #u1DS ap OfIA jo 'fJ,6 ��. 650920 - '(110)f 'Al tjor GIAVOld 6f£9£ ,IVU, OPDUDO ,p Sjl�ojoueuj, }Sapp A'G'A-iaAf AD POIIU-1!1 I DPDL. 00 suip)JDr I't. 0 SUQPJDD UjQA ' GIN/Clid nUqA !2 V M'3.'AeA) 0) PI) 0 0� 0 z U) 9- LO Q) zoV iz CL 0 5 H /? O.T. Z N N n Q) CL L) y -E -j nl 6 0- _V,C? ,n�mo ' 0 -= ,Aom CL o Q) Ea: Ala. Ho a •m p o Z ' fo7 CL �Jryd Lo z On e-;E6 z° ?oq nmm q R N y° mrnmaommmwe1O On . . . 89 - " - F E. 2 3 � q * - 'N. E G G;;;; d T c. R -, P P -1 11 1111 11 11 11 NIIII , �c t T a <`y° 'E 219 0- 4 W 8!� V .q rIt 0 c! IR n '22 n n n .c � . . . . . . . . , � 21 I , U E Z -rQ Z202 51 C 0 O> 0 �l U V) 5 v) a w v°o F° mk a C.� 80 �� ry �P a CF) o o u) ., U ul 5:U) V) \ Uo � U 6 r.- w w -H o LLJ N� H Z O� ,�Z O 00 5a� W F w CL wz J z ia cn °- o z V)a V) j � 4.. O O U � y .Q : S M NUJ Q U a U N Z (y o m- CL O ao o o °v� N O -It N N n M N 9Z�z LL U a U N C 0 O> 0 �l U V) 5 v) a w v°o F° mk a C.� 80 �� ry �P a CF) o o u) ., U ul 5:U) V) \ Uo � U 6 r.- 52 3 . w w -H o LLJ N� H Z O� ,�Z O 00 5a� W F w CL wz J z ia cn F- CL M V)a V) j � 4.. DPW O W W .Q : M NUJ U N Z (y o 5 5 U aL C, - CL O ao �I 52 3 . w -H o LLJ N� Q O C N. �UMM 5a� QF- UaO Mw°00 c® OWE N d d 52 3 . REPORT TO COMMON COUNCIL M &C- 2011 -52 March 25, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Assignment of Lease Infusion Tea Room BACKGROUND: City of Saint John On November 4, 2004 Common Council authorized a Lease for space at the City Market with The Infusion Co. Ltd. operating as The Infusion Tea Room. Said lease was renewed for a further 5 -year term on April 23rd, 2010. In March of 2011, City staff received a request from the solicitor, acting on behalf of the prospective purchasers Young Gon Lee and Okkyu Lee, asking the City to consent to an Assignment of Lease so that a sale of the business could take place on or before March 31, 2011. The Deputy Market Clerk qualified the prospective purchasers and is satisfied with the assignee's credentials and business plans. RECOMMENDATION: 1. That The City of Saint John consent to the Assignment of Lease from The Infusion Co. Ltd. to Young Gon Lee and Okkyu Lee as attached, effective April 1, 2011, and further 2. That the Mayor and Common Clerk be authorized to sign any necessary document required to effect the transaction. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Attachment 53 J. Patrick Woods, CGA City Manager THIS ASSIGNMENT OF LEASE AGREEMENT made in this day of March 2011. BETWEEN: THE INFUSION CO. LTD., a body corporate, under the laws of the Province of New Brunswick, (the "Assignor "), OF THE FIRST PART -and - 656551 N.B. INC., a body corporate, under the laws of the Province of New Brunswick, ( the "Assignee "), OF THE SECOND PART WHEREAS by a Lease dated the 4th day of November, 2004, The City of Saint John, (the "Lessor "), leased to The Infusion Co. Ltd. (the "Lessee ", herein the "Assignor "), the premises being a portion of the City Market, 47 Charlotte Street, Saint John, New Brunswick, more particularly descried in the lease, (the "Premises ") for a term of five (5) years and subject to the terms and conditions set forth therein, (the "Lease "). AND WHEREAS by a Renewal of Lease dated the 23rd day of April, 2010, the Lessor renewed the Lease to the Assignor for a term of five (5) years and subject to the terms and conditions set forth therein. AND WHEREAS the Assignee has requested the Assignor to assign the residue of the term of years under the Lease. NOW THEREFORE in consideration of $1.00 and other good and valuable consideration given and paid by the Assignee to the Assignorthe receiptwhereof is hereby 54 E acknowledged the Assignor as beneficial owner hereby assigns to the Assignee the Assignor's interest in the Premises, together with the unexpired residue of the term of years and the Lease and all benefits to be derived therefrom subject to the payment of the rent and the observance and performance of the covenants, provisos, and conditions on the part of the tenant contained therein. The Assignor covenants with the Assignee that the Lease is a valid and subsisting lease, that the rent reserved thereby has been duly paid to March 1, 2011, that the covenants, provisions and conditions thereof on the part of the Assignor have been duly observed and performed up to the date hereof, that the Assignor is entitled to assign the Lease, that subject to the payment of the rent and the observance and performance of the covenant, provisions and conditions of the Lease the Assignee may enjoy the Premises for the residue of the term of years and any renewal thereof, without interruption by the Assignor or any person claiming through Assignor. The Assignee covenants with the Assignor that the Assignee will throughout the residue of the term of years and any renewal thereof, pay the rent reserved at the time and in the manner provided in the Lease and observe and perform the covenants, provisions and conditions on the part of the Assignor therein set forth and will indemnify and save harmless the Assignor from all actions, suits, costs, losses, damages and expense in respect of such covenants conditions and agreements that arise from the date hereof. Each party shall promptly do, execute, deliver or cause to be done, executed and delivered all further acts, documents and things in connection with this Agreement that the other party or parties thereto may reasonably require for the purpose of giving effect to the Agreement and carrying out its provisions and completing the transactions contemplated by this Agreement. 55 3 IN WITNESS WHEREOF the Assignor has hereunto executed these presents the day and year first above written. SIGNED, SEALED AND DELIVERED ) in the presence of ) THE INFUSION CO. LTD. (Assignor) Per: Gloria Barker 656551 N.B. INC. (Assignee) Per: Okkyu Lee Per: Leeseon Lee The Lessor hereby consents to the within Assignment of Lease. Dated of March, 2011. SIGNED, SEALED & DELIVERED) THE CITY OF SAINT JOHN (Lessor) Mayor Common Clerk 56 REPORT TO COMMON COUNCIL M &C- 2011 -61 March 23, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 43 -45 Melrose Street BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone Melmaris 43 -45 Melrose Street "R -2" `B -2" To permit a Construction business office RECOMMENDATION: City of Saint John That Common Council schedule the public hearing for the rezoning application of Melmaris Construction (43 -45 Melrose Street) for Tuesday, April 26, 2011 at 7:00 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development 57 J. Patrick Woods, CGA City Manager REPORT TO COMMON COUNCIL M & C — 2011 -67 24 March 2011 H city of Saint John His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Uninterruptible Power Supply BACKGROUND: An uninterruptible power supply provides emergency power to critical electrical systems when the input power source, typically the utility mains, fails. A UPS differs from an emergency power system or standby generator in that it will provide instantaneous or near - instantaneous protection from input power interruptions by means of attached batteries and associated electronic circuitry. The on- battery runtime of most uninterruptible power sources is relatively short (5 to 15 minutes) but is sufficient to allow time to bring the emergency power system source on line. The City currently has a 20KVA (Kilo Volt Amps) UPS installed in its primary Data Center (in City Hall). This UPS powers the servers that provide critical external and internal facing services such as email, the corporate websites (saintjohn.ca, saintjohntransit.com), mobile connectivity (blackberrys, webmail), billing, payments, etc. The system also powers infrastructure that is required to run emergency services systems (911 dispatch, police cars MDB), and the network equipment (switches and routers) that integrates them allowing them to communicate. Over the last 3 years the number of servers and network devices has doubled in the Data Center and as a result the current UPS is unable to protect and power this critical infrastructure. For example the most recent power outage on March 7 1h resulted in a network outage that meant PSCC was unable to Dispatch Police and Fire for 2 minutes. The current UPS cannot be enlarged to accommodate this increased demand. From this, the City's IT department along with Facility Management, Materials Management and an electrical engineering consultant determined that the City Hall Data Center requires a new larger capacity UPS. Furthermore, in order to accommodate potential growth, this UPS should be expandable and modular. Page 2 ANALYSIS: Proposals closed on January 13, 2011 with two companies, Universal Power Systems (UPS) and Atlantek Inc., both of Dartmouth N.S. responding by submitting proposals. An evaluation team, consisting of representatives from Facilities Management and the IT section, under the facilitation of Materials and Fleet Management, reviewed the proposals received and evaluated them in accordance with the criteria contained in the bid documents. It was the consensus of the individuals involved that the proposal submitted by Universal Power Systems (UPS) best met all of the requirements and specifications of the proposal call. In addition to this, at a total supply and installation cost of $39,999.87, plus tax, the UPS bid is the lowest of the two received. FINANCIAL IMPLICATIONS: This is a planned project and as such funds to cover its cost were included in the 2011 Capital Budget. RECOMMENDATION: It is recommended that the proposal submitted by Universal Power Solutions for the supply and installation of a new uninterrupted power supply to support the City's operation at the Chipman Hill location and in the amount of $39,999.87, plus tax, be accepted. Respectfully submitted, (0,� �,- David J. Logan Purchasing Agent a ick Woods C4 Manager 59 REPORT TO COMMON COUNCIL �o M & C — 2011 -70 • Co of Saint John 24 March, 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Asphaltic Concrete Mixes BACKGROUND: Each year the City of Saint John calls a tender for the establishment of a supply agreement for the provision of asphaltic concrete mixes to establish a guaranteed source of supply. This product is employed by the Municipal Operations Dept. for a variety of tasks, including asphalt restoration of water cuts, roadway and sidewalk repairs and miscellaneous maintenance projects. In 2006 many government agencies adopted an adjustable price formula based on the Ministry of Transportation of Ontario Performance Graded Asphalt Cement Price Index. Given this and the external pressure being brought to bear by the asphalt industry, staff of the City of Saint John also adopted this approach for contract pricing in 2009. The following is a brief overview of the price index formula created by the Ontario Ministry of Transportation and subsequently included in the tender call documents. 1*0111 PAGE TWO BACKGROUND CONT'D: MTO Performance Graded Asphalt Cement Price Index: A payment adjustment for the change in price between the time the tender opening for the contract and the time of order of the asphalt concrete will apply to the quantity of asphalt cement/binder and will be calculated as follows if the price index between the two (2) months differs by more than 5% PA = Payment adjustment for asphalt cement / binder in dollars T = PG asphalt cement/binder price index for the month of tender opening P = PG asphalt cement/binder price index for the month of paving Q = Quantity of asphalt cement/binder in tonnes When P > 1.05 T, the Contractor receives additional payment as follows: PA = (P — 1.05T) x Q When P < 0.95 T, the Owner receives a credit as follows: PA = (0.95T — P) x Q ANALYSIS: There are traditionally two seasons for asphalt, the normal construction season when production is high and product is readily available and the pre and post construction seasons when production is low and higher costs are incurred to produce the product. Bidders are asked to quote a price for the pre - season, another price for the construction season and if necessary a third price for the post season. Three suppliers responded to the City's tender call by submitting bids. Staff of Municipal Operations and Materials & Fleet Management have reviewed the tenders received and have found them all to be complete in every regard. A summary is enclosed for Council's consideration. Council will note that unlike in previous years, the prices contained on the enclosed summary do not present a discernable pattern of consistency from item to item or season to season. However staff advises it is not advisable, from a continuity of product and an administrative simplicity perspective, to split the award based solely on individual item prices. Recommendation for award therefore is consistent with past practices, ie; on the total cost, based on unit prices and estimated quantities, for each season. ['ail PAGE THREE FINANCIAL IMPLICATIONS: The total estimated cost of this supply agreement, for the 2011 season, and using estimated quantities based on the estimated usage and if awarded as recommended, will be approximately $532,300.00 plus HST. It is understood that this is not a firm, Fixed cost, as quantities are based on previous year's estimates that are subject to change given available funding and as a result of the incorporation of the MTO Price Index. This is a planned expenditure and as such, funds to cover the cost are included in both the 2011 Operating and Capital Budgets. RECOMMENDATION: It is recommended that the tender for the supply of asphaltic concrete mixes for the 2011 season be awarded to Classic Construction for the supply of all items required for the period from their approximate opening date of April 18`h to May 91h and to NRB Construction for the supply of all items required during the Construction and After Construction seasons, May 9 through Dec 16th. Respectfully submitted, David Logan Purchasing Agent \1 - � C)n- gakick Woods Manager [:�a City of Saint John Tender 2011- 561001 T ASPHALTIC CONCRETE MIXES Tender Opening: 2:30 P.M., Wednesday, MARCH 23, 2011 2 "d Floor Boardroom, 175 Rothesay Avenue Summary 1 DESCRIPTION NRB CONSTRUCTION CLASSIC CONSTRUCTION DEBLY ENTERPRISES 2010 PRICING Classic Const. NRB Const. Classic Const. PER TONNE Before Season Construction *Season After *Season Before *Season Construction i Season After Season Before Season Construction Season After Season Before Season Construction Season After Season Base Type B 25mm $ 82.00 $ 70.00 $ 70.00 $ 78.00 $ 68.00 $ 78.00 $130.00 $ 63.50 $130.00 $ 89.50 $78.95 $ 89.50 Type ype D ]ace Ty $ 82.00 $ 70.00 $ 70.00 $ 81.60 $ 71.60 $ 81.60 $130.00 $ 69.50 $130.00 $ 95.00 $82.75 $ 95.00 Type ype E Surface Ty 9 $ 85.00 $ 74.00 $ 74.00 $ 91.25 $ 81.25 $ 91.25 $160.00 $ 92.00 $160.00 $105.00 $ 87.70 $105.00 Curb Mix $ 100.00 $ 75.00 $100.00 $ 91.25 $ 81.25 $ 91.25 $160.00 $ 85.00 $160.00 $105.00 94.50 $105.00 Estimated Total $41,000 $470,500* $21,000* $40,800* $491.025 $24,480 $65,000 $502,250 $39,000 ( *) Indicates Recommendation 63 REPORT TO COMMON COUNCIL M & C — 2011 -68 March 24, 2011 city of saint John His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Traffic Paint BACKGROUND: Each year the City calls a tender for the establishment of a supply agreement for the provision of traffic paint in various colours and container sizes. In 2004, in an effort to extend the road life of the paint used, the City purchased a new product identified as Premium/High Performance Traffic Line Paint. While this product has proven to be superior to previous paint used, staff of Municipal Operations, as a part of their ongoing effort to find better, safer and more cost effective products have included a specification and requirement this year for lead and methanol free paint. In 2010, Municipal Operations purchased a more durable product identified as High Build Traffic Line Paint. Although in many parts of the City this paint held up well on the road surface over this past challenging winter, the required thickness was difficult to achieve consistently. The department intends to trial this paint again when the application equipment is updated in the future. Low Temperature — High Performance (P /HP) Traffic Paint was also trialed in 2010 to extend the application season into the spring and fall when temperatures are typically too low for standard paint. This trial will not be continued into 2011 as the desired life of the visible paint was not achieved on the road surface. ANALYSIS: This year's tender call resulted in three companies each submitting a bid for our consideration. PAGE TWO Staff from the Materials & Fleet Management Division and the Municipal Operations Department have reviewed the tenders received and have found all bids to be complete in every regard. A summary of the pricing is enclosed for your consideration. Council may note, as you review the enclosed summary that while some of the items offered by other than the recommended bidder are slightly lower in cost, it has been our experience that commodities such as this, in order to ensure continuity and consistence of the product, are best ordered in their entirety from one supplier and for that reason award is recommended to the bidder with the lowest total cost. FINANCIAL IMPLICATIONS: If awarded as recommended and based on the quantities estimated, the City will spend approximately $49,906.85 plus HST to purchase street marking paint in 2011. This is an annual expenditure and as such, funds are included in the annual operating budget. RECOMMENDATION: It is recommended that the tender for the supply of Premium/High Performance Water Bourne Traffic Paint, at a cost of $49,906.85 plus HST, be awarded to Stinson Equipment, Respectfully submitted, — (jj David Logan, PB Purchasing Agent P�trick Woods Manager 65 City of Saint John Tender 2011-801001T Traffic Paint ( * ) Indicates Recommendation [i: STINSON DESCRIPTION Qtt ICI PAINTS EQUIPMENT UCP PAINTS P /HP, NON - CONING, HOT SPRAY TRAFFIC 8400 Litres $ 3.35 /L $28,140.00 $ 3.31 /L $27,804.00 $ 3.42 /L $28,728.00 LINE PAINT (YELLOW) Product to be shipped in 200 Litre drums P /HP, NON - CONING, HOT SPRAY TRAFFIC 2800 Litres $ 3.30 /L $9,240.00 $ 3.26 /L $9,128.00 $ 3.40 /L $9,520.00 LINE PAINT (WHITE) Product to be shipped in 200 Litre drums P /HP, NON - CONING, HOT SPRAY TRAFFIC 945 Litres $ 3.50 /L $3,307.50 $ 3.47 /L $3,279.15 $ 3.44 /L $3,250.80 LINE PAINT (YELLOW) Product to be shipped in 20 Litre Pails P /HP, NON - CONING, HOT SPRAY TRAFFIC 2835 Litres $ 3.40/L $9,639.00 $ 3.42 /L $9,695.70 $ 3.42 /L $9,695.70 LINE PAINT (WHITE) Product to be shipped in 20 Litre Pails TOTAL $50,326.50 $49,906.85 * $51,194.50 ( * ) Indicates Recommendation [i: March 23rd, 2011 His Worship Ivan Court and Members of Common Council = .Opo4 Jy'n"W Your Worship and Councillors: City of saint john SUBJECT: Telecom Expense Management Software (TEM) BACKGROUND: A requirement has been identified for a need to better manage our Telephony services from both cost and operational perspectives. The complexity of the City's telecommunication services and the number of resulting invoices from the telecommunication companies is more than a single resource can effectively manage. The invoices for the City's wireless telecommunication services currently require 2 weeks every month of an employee's time to check. A Telecom Expense Management (TEM) solution will automatically download the telecommunication company invoices, analyze the invoices for errors, provide optimization suggestions, and integrate with corporate accounting system facilitating departmental charge - backs. The ultimate benefit of TEM solution is reductions in the City's telecommunication spend by optimization of service plans, fewer accounting or billing errors, and accurate reports. The reporting capability will allow for better insight to future telecommunications tenders and budget analysis. ANALYSIS: Six TEM companies were considered by the City's IT department. The companies were evaluated by the cost of a specific solution and its reporting capabilities. The IT department selected WebCentrex from Dartmouth, Nova Scotia as the best solution. Their ProTMS TEM solution will provide the City with a comprehensive, web -based application to manage its telecommunications assets and expenses. The product is sold in modules, the Wireless Module at $18,750, the Wireless Optimization Module at $12,500, and the Wireline Module at $6,250. WebCentrex have packaged these modules together and offered the City a one -time package cost of $30,000 for the solution. Half the total invoice is payable 30 days after the product is installed, and the remaining $15,000 will be due once the product meets the City's requirements. For more information on the vendor go to www.webcentrex.ca. The only other vendor to meet City's requirements was substantially more expensive. Etelesolv, who are the #1 TEM software and managed service provider in Canada, specialize in an outsourced solution. Their solution has an ongoing license and administration fee of $1,300.00 per month and a one -time cost of $24,900 to implement. For more information about this vendor reference www.etelesolv.com 67 FINANCIAL IMPLICATIONS: The ProTMS TEM solution will cost the City $30,000 in 2011 and $900 per year thereafter will be budgeted for in the IT operating budget to cover application changes made necessary when telecommunication vendors change their invoice data structure. The industry standard for savings after implementing a TEM solution is approximately 3% of the annual Telephony spend. The City's total telephony spend in in 2010 was $697,000 and is anticipated to grow in 2011. In addition, the monthly statements are currently only checked by IT and Finance staff, a process that requires 2 weeks of effort every month. A TEM solution once implemented will allow these resources to spent greater time managing and optimizing telecommunications costs, and providing accurate budget reports. RECOMMENDATION: It is recommended that the Quotation submitted by WebCentrex for the procurement of a Telecom Expense Management solution be accepted. Respectfully submitted, i/ Brian Woods Manager of IT, Acting ��I CL5-- �Phrick Woods Manager .: REPORT TO COMMON COUNCIL March 24, 2011 Mayor Ivan Court and And Members of Common Council Your Worship and Members of Council: SUBJECT: 1900 WESTFIELD ROAD - PID NUMBER 296426 The attached letter from the Solicitor's office to the City Manager is self explanatory. As a result it would be appropriate for Council to adopt the following resolution: RECOMMENDATION: "That Council rescind the resolution of January 18, 2010 authorizing expropriation and that the City acquire from the owner of 1900 Westfield Road, PID Number 296426, freehold and easement interests (35m2 freehold x 382m2 easement) to allow the construction for the widening of Westfield Road for the sum of $1,540.20." ectfully submitted, ate atrick Woods, CGA CITY MANAGER Enc. .• Lynda D. Farrell Direct Line: 506.658.4096 Fax No.: 506.649.7939 Email: Lynda.farrell @saingohn.ca March 24, 2011 J. Patrick Woods City Manager City of Saint John Dear Mr. Woods: Re: 1900 Westfield Road — PID Number 296426 Lands are required from the owner of 1900 Westfield Road, PID Number 296426, for street widening in connection with the Westfield Road Reconstruction Project. Common Council authorized expropriation proceedings by resolution adopted January 18, 2010. A Notice of Intention to Expropriate was filed with the Expropriation Advisory Officer as was a Notice of Objection from the owner. The owner requested discussions with the City; Ken Forrest, Paul Wilson and I attended on behalf of the City; Chris MacDonald and John Pappas attended on behalf of the owner. The owner's concern was that upon expropriation by the City of the freehold interest the remainder of the parcel would not be developable. If the interests required by the City were portioned between freehold and easement, the City would have what is necessary for road construction and the parcel would remain developable by the owner. The terms of the easement requirements were negotiated as was compensation, compensation being the same as that paid in the rest of the Westfield Road Reconstruction Project. A Subdivision Plan and Easement documents were delivered to the owner in August of 2010 with the understanding that when the documents were signed and delivered to the owner's solicitor, a recommendation would be made to Common Council. I was advised on March 23 that all documentation has now been executed by the owner and delivered to their solicitor. I am advised that the lands are still required for road construction purposes in connection with the Westfield Road Reconstruction Project and it would be appropriate to place the following recommendation before Council: 1�v P.O. Box 1971 Saint John, NB Canada E21- 4L1 www.saintjohn.ca j C.P. 1971 Saint John, N. -B. Canada E21- 41-1 70 Page 2 "That Council rescind the resolution of January 18, 2010 authorizing expropriation and that the City acquire from the owner of 1900 Westfield Road, PID Number 296426, freehold and easement interests (35m2 freehold x 382m2 easement) to allow the construction for the widening of Westfield Road for the sum of One Thousand Five Hundred Forty Dollars and Twenty Cents ($1,540.20)." Yours truly, Lynda D. Farrell Solicitor LDF/bm 71 REPORT TO COMMON COUNCIL Mayor Ivan Court and And Members of Common Council Your Worship and Members of Council: SUBJECT: NEW BRUNSWICK SOUTHERN RAILWAY AND SAINT JOHN HARBOUR BRIDGE AUTHORrrY The attached letter from the Solicitor's office to the City Manager is self explanatory. As a result it would be appropriate for Council to adopt the following resolution: RECOMMENDATION: "That the City of Saint John quit claim to New Brunswick Southern Railway Company Limited any residual interest the City may have in lands designated PH) Numbers 32128, 55110472, 55110464, 55211262, 55110597 and 55110118 and that the Mayor and Common Clerk execute a Form A13.1 Quit Claim Deed." Respectfully submitted, atrick Woods, CGA Y MANAGER Enc. 72 Lynda D. Farrell Direct Line: 506.658.4096 Fax No.: 506.649.7939 Email: Lynda. farrell @saingohn.ca March 25, 2011 J. Patrick Woods City Manager City of Saint John Dear Mr. Woods: Re: New Brunswick Southern Railway and Saint John Harbour Bridge Authority I have received correspondence from D. Hayward Aiton, Q.C. who represents New Brunswick Southern Railway Company Limited (N.B. Southern) in a forthcoming land exchange with the Saint John Harbour Bridge Authority. Mr. Aiton advises that by Common Council resolution of July 5, 1965 and registered in the Saint John County Registry Office in Book 533 at Page 272 on July 23, 1965 as Number 202994 (see File 41 Number 27), the City of Saint John, on behalf of the Harbour Bridge Authority, purported to expropriate land owned by Canadian Pacific. In January, 1995 Canadian Pacific conveyed all of the relevant parcels to N.B. Southern. Mr. Aiton has updated title since 1965 and from what he can determine the City has never released to Canadian Pacific (or subsequently N.B. Southern) the land which it purportedly expropriated. N.B. Southern is now finalizing an exchange of lands with the Harbour Bridge Authority. Although it is questionable whether or not the City had the authority to expropriate land from Canadian Pacific (a federally regulated railway), before the matter can be concluded it is his opinion that the City will have to release whatever residual interest it has in the former Canadian Pacific land. I agree with Mr. Aiton's conclusions. Enclosed herewith is an overlay of the present N.B. Southern parcels with the area of the expropriation coloured green. SNB maps of those parcels are also enclosed herewith for your information. l� SAI V'F '10HI'y P.O. Box 1971 Saint John, NO Canada E2L 40 wwwsaingohn.ca C.P. 1971 Saint John, NA. Canada EA 4L1 73 Page 2 Should you choose to recommend that Council adopt a resolution to give effect to Mr. Aiton's request the following would be appropriate: "That The City of Saint John quit claim to New Brunswick Southern Railway Company Limited any residual interest the City may have in lands designated PID Numbers 32128, 55110472, 55110464, 55211262, 55110597 and 55110118 and that the Mayor and Common Clerk execute a Form A 13.1 Quit Claim Deed." Yours truly, /. /fit i Lynda D. Farrell Solicitor LDF/bm Enclosure 74 75 Service New Brunswick Semi;ce Nouveau- Brunswick Map Scale / tchelle cartographique 1 : 2706 32128 While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. N A M @me si cette carte n'est peut -titre pas libre de toute erreur ou omission, toutes les pr6cautions ont 6t6 prises pour en assurer la meilleure qualit6 possible. Cette carte est une repr6sentation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elle n'a aucun caract6re officiel et ne doit donc pas servir 6 la r6daction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou de sa superficie. 76 S NE °',` i3 ;i.i i's .;il. Service Nouveau-Brunswick Map Scale / tchelle cartographique 1 : 2000 While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. N A M8me si cette carte n'est peut -titre pas libre de toute erreur ou omission, toutes les pr6cautions ont 6t6 prises pour en assurer la meilleure qualit6 possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement), Elle n'a aucun caract6re officiel et ne doit donc pas servir A la r6daction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou de sa superficie. 77 Map Scale/ tchelle cartographique 1 : 2000 While this map may not be free from error or omission, care has been taken to ensure the best possible quality, This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. N A M6me si cette carte nest peut -uatre pas libre de toute erreur ou omission, toutes les pr6cautions ont 6t6 prises pour en assurer la meilleure quality possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elle n'a aucun caract6re offlciel et ne doit donc pas servir � la r6daction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou de sa superficie. Service New Brunswick 00000]01 1. IF 474111Yl yS11Pf17 430!07]! 330!4]71 Service Nouveau -Brur a06N301 00]70]46 I - G Poa occ4. *yXf �� 4j3.41N Haul* — bylluc7 370)4147 00426130 00476]09 1 N A Map Scale / Echelle cartographique 1 : 2000 While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. Mgme si cette carte n'est peut -titre pas libre de toute erreur ou omission, toutes les pr6cautions ont 6t6 prises pour en assurer la meilleure quality possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elie n'a aucun caract6re officiel et ne doit donc pas servir A la r6daction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou de sa superficie. 79 Service New Brunswick � )I M1 ti h S5,7 9911 00J fII )! 557159a1 `)Jaa�ll JJJIIIIJ pplfllfo ppJ 7jf.\f 7` ppllpJa) i• f � 1 \ Srpl •JL 00, re, J� Op)fIIIJ "A-. f{ lrf \ II� f ppJ I ppl6e p076I))J 601 o� �y JJO JJl ?p) a1I�1 �J ^pJrf)4 S1�yC x b� w bwY n ti~ �1 Jti�pffp ti tt�1pfti F � n 0t)Ip a 55179399 u 177 # )1 Service Nouveau- Brunsi I)f7�ux ppuuv -"� {+ SS110S57 I 5Sp5)1)� 5511011/ .� 55p0'�0'1 51p01pj1 SS004121 55054747 1 N A Map Scale / Echelle cartographique 1 : 2000 While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions -or area. M @me si cette carte n'est peut -Lstre pas libre de toute erreur ou omission, toutes les pr6cautions ont 6t6 prises pour en assurer la meilleure qualitL& possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elie n'a aucun caract &re officiel et ne doit donc pas servir A la r6daction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou de sa superficie. 80 'Ice New brunSWlcK O R rrJ e J0�7, M1 cs +j 39 p3 t + +JJh rrJJrrrr ppl�r�rp °pJ >> Eta pp)0pJJ0 rrr � y�rs .'F� °0J4y�r i' pp3rrrJ' °OJ �p1 +J 1 on by SrJ SSO, +b> 7p)rS I J 0�qi '.11 i i �ZFCiFF 1131p11� ((( �y1 0 N~ SSOp4p41 ru1m� f b� n�' SSeo4�l1 .��^ srJ�Orip h rrJ�o4SJ :4 � rlJJp err i !� n 553)1564 � S'r7° f i Service Nouveau -grum OPM44 k y5110l0� yS."'139 !!004331 �I 150,4317 I N A Map Scale / I`chelle cartographique 1 : 2000 While this map may not be free from error or omission, care has been taken to ensure the best possible quality. This map is a graphical representation of property boundaries which approximates the size, configuration and location of properties. It is not a survey and is not intended to be used for legal descriptions or to calculate exact dimensions or area. Mdme si cette carte n'est peut -8tre pas libre de toute erreur ou omission, toutes les pr6cautions ont 61:6 prises pour en assurer la meilleure qualit& possible. Cette carte est une representation graphique approximative des terrains (limites, dimensions, configuration et emplacement). Elie n'a aucun caract &re officiel et ne dolt donc pas servir A la r6daction de la description officielle d'un terrain ni au calcul de ses dimensions exactes ou de sa superficie. 81 HORST SAUERTEIG 88 Bedell Ave., Saint John, N.R., E2K 2C4, phone (506) 658- 1326, e-mail sauertwo(a)nb.svmnatico.ca March 17, 2011 To the Cormnon Council of the City of Saint John Re.: The former Chief Simonds' letter of March 1, 2011 in reply to my letter to him of February 15, 2011 Your Worship and Councillors, I hereby copy you my response to former Chief Simonds' letter of March 1 /11 because you received a copy of his reply to my February 15111 letter concerning the non- compliance by the Emera Brunswick Pipeline Co. (EBPC) with its Certificate GC -110 for the maintenance and operation of the Brunswick Pipeline. This Certificate is subject to terms and conditions, and I had written to Mr. Simonds, the City's former contact with the EBPC, that Conditions 1, 18 and 21(a) were not fully being complied with by the EBPC, and that part of EBPC's obligations had been assumed by local responders, all members of the EMO, although the EMO Act in Regulation 84 -7 subsection 2(2)(d) disallows this. Because Mr. Simonds in his March 1/11 letter does not share my concerns I wrote him again on March 11/11 and by copying you keep you informed accordingly. I submit that the following questions pertaining to the EBPC's responsibility are of importance to the citizens of Saint John: (a) Is the First Responders' participation in the planning of responses to a pipeline emergency legally permissible, (b) Does the EBPC have a duty to demonstrate to the Saint John public, in the exercise required by Condition 21(a), that they are prepared for and are able to respond to a worst -case pipeline emergency in Saint John, and (c) Has the EBPC in its Emergency Response Plan (ERP) prepared a realistic and effective plan to respond to any emergency in Saint John? These questions have to be answered by whoever assumes the former Fire Chief's role of holding the EBPC to its obligation to protect the residents of our city from all possible danger which the operation of their pipeline presents. The EBPC has operated its pipeline since the beginning of 2009 and to this date has not fully complied with Conditions 18 and 21(a) of their Certificate GC -110. This should be of concern to Common Council and the persons in the City's administration to whom Mr. Simonds copied his letter. My critique of the former Fire Chief is solely about the above matter. Whereas I am not familiar with the Fire Department it is my understanding that Mr. Simonds as Fire Chief managed it with professional competency and with good results. Please feel free to comment on or ask me any questions about the above subject. Yours truly, COPY HORST SAUERTEIG 88 Bedell A- e., Saint John, N.A., E2K 2C4, phone (506) 658 -1326, e -mail sauertwoQnb.svmDatico.ca March 11, 2011 To Fire Chief Robert Simonds, MA, CFO Hamilton, ON Re: Your letter of March 1, 2011 on Emergency Planning by EBPC Dear Chief Simonds, I thank you very much for taking the time during your last few days in Saint John and to reply in great detail to my February 15111 letter. I offer some comments. I was misinformed about your visit at Gas Patrol in Houston, and so are probably most of the Interveners of the November 2006 GH -1 -2006 Hearing in Saint John who applauded your brief, which forms part of the Hearing Record, and than heard nothing more from you. We all know that the routing of the pipeline affects neighbourhoods adversely and results, for example, in the crossing of Millidgeville Ave. being too close to the Fire Station and the SJ Energy Substation. Both will probably be destroyed if the pipe suffers a terrorist attack at this point, with serious consequences for a larger part of the city. Another target for terrorists out to kill an lot of people could be the pipeline too close to the Ridgewood Addiction and Veterans Hospital, and so are other places. This situation exists because in the Emergency Response Plan (ERP) of the Emera Brunswick Pipeline Co. (EBPC) are no provisions to prevent or minimize such possible attacks, and my letter to you prior to your departure was to get you to entice the EBPC to fulfil their mandate to protect the public. You had been the expert in the City Administration for NG pipelines, gathering information in travels all over North America, but instaed in your last letter you defend EBPC's poor execution of the pivotal exercise required by Condition 21(a) of Certificate GC -110 to demonstrate their capability to respond to any emergency. I have to correct you in your understanding of this particular June 11/09 "field exercise ", as you call it. You say that "we utilize (in field exercises) a blended approach to the deployment of personnel and assets ", and I have no problem with that. Such exercises are called "Theme Exercises ", and they have their place in any field exercise schedule. However, the June 11/09 exercise was to test the 6 elements listed in Condition 21(a) which taken together demonstrate, at the beginning of the operation of a new pipeline, if the preparedness for and the response to a worst - probable emergency are all functioning properly and protect the pipeline and the public. This demonstration is not done on paper but "in the field" with real people to see if there are enough people for all the activities of a response to an emergency, and if they are well trained and organized for a successful response. A lot of lives might eventually depend on the outcome of such a response, and I question if this exercise can even been classified as a "blended approach" one. I list in my letter to you 12 deficiencies which actually show this to be a meaningless exercise. It should be obvious that for instance the alerting of the public can not be done by putting an ad in the paper. This has to be done within the first 5 minutes of a pipeline emergency. Therefore the present SJ EMO "EmergencyAlert", which was only introduced after the exercise, is voluntary and requires registration, is not suitable for pipeline emergencies. It did not even work for boil -water orders or the car - removal from streets in anticipation of a snow storm. No alerting of the public was attempted during the June 11/09 exercise. It is one of the above 12 deficiencies, and you did not comment on this one or any other. Your statement: "it was never envisioned that EBPC would take full command of an emergency incident in our community" is wrong on three counts: 1. The NEB's OPR -99 and its April 24/02 letter highlighting the OPR -99 requirements and the NEB Emergency Management Program all state without exceptions that preparation for and response to a pipeline emergency are the responsibility of the pipeline company, which is the EBPC. 2. As Director SJ EMO you must be familiar with the EMO Act, which in its Regulation 84 -7 in subsection 2(2)(d) states that the EMO shall not plan emergency responses in respect of matters that are the responsibility of an agency of the Government of Canada, which applies to the NEB and companies under its jurisdiction, and 3. You did not say who besides yourself "never envisioned that the EBPC... ". Naturally the EBPC would not oppose your taking full command of a response, and consequently their ERP assigns to local authorities or first responders activities which by law are the EBPC's responsibility. But did Common Council gave you the authority to assume the EBPC's responsibilities? This is an old argument between us, and I had hoped that before your departure you would admit to the EBPC's responsibilities. If they do not have personnel and equipment for a response they have to sign subcontracts for these activities with the various First Responders and pay for it, but remain nevertheless the responsible party; and provided the NB Legislature sets aside Subsection 2(2)(d) for the SJ EMO to plan for a pipeline emergency response. I stated this in my letter to you but you did not respond. You also seem to have misunderstood my mentioning of an internal investigation at the NEB into the handling of my complaints. Its findings have not yet been made public, and your understanding that the NEB is satisfied is premature. Furthermore, with which of my personal observations do you not concur? If you had problems with one or more of the 12 deficiencies of the exercise in my letter you should, instead of making a general statement of dissent, have responded by giving reasons for any particular one. This are all problems for your successor to resolve. I hope that he or she reads all the pertinent laws and NEB documents before listening to the EBPC. I will offer him or her my cooperation, as I had offered it to you. And I wish you success and satisfaction with your new employment, and that you and your family will be happy in Hamilton .Yours truly, cc: Common Council i3rlg(nal Signed By City Manager Patrick Woods H. SAUERTEIG Deputy Fire Chief Mark Gillian Police Chief Bill Reid .EMO Mgr. Murielle Provost FA ., ROCKWOOD PARK GOLF COURSE P.O. BOX 784 SAINT JOHN .52L 4133 March 16, 2011 City of Saint John Attention: Elizabeth Gormley, Common Clerk 15 Market Square P.O. Box 1971 Saint John N.B. E21- 41-1 Re: Rockwood Park Golf Course and Aquatic Driving Range Report submitted pursuant to a Contract between The City of Saint John and Total Golf Management Inc. dated March 05, 1999. Dear Ms. Gormley: Within this annual submission to Common Council, please find a report from Total Golf Management Inc. to the City of Saint John which is being provided in accordance with Article IV(11) and IV(13) of the contract between the City of Saint John and Total Golf Management Inc. dated March 5, 1999 involving the Rockwood Park Golf Course and Aquatic Driving Range. A single attachment is provided with this letter. Modest fee increases are required to offset generally increasing costs. The proposed fees at Rockwood are still very reasonable in comparison to the fees charged at many similar and lesser facilities in the Province of New Brunswick. TGMI hopes that the report is received favourably and filed by Common Council. Respectfully submitted, Gerry C nolly President, Total Golf Management Inc. cc: Gary Lawson TOTAL GOLF MANAGEMENT INC. -and- THE CITY OF SAINT JOHN Rockwood Park Golf Course and Aquatic Driving Range Report 0 Attachment to TGMI Letter dated 16 March 2011 Accomplishments / Enhancements 2010 Golf Season. City staff conducted site visits to assess TGMI's contractual performance. Feedback from the City to TGMI indicated that it is fully compliant with contract terms and conditions. Similar annual performance reviews have transpired each year since contract signing. TGMI continued to operate a Junior Golf Program for many local youth between the ages of 10 and 18 years. The program has been offered each year since 1995 and provides great value. The Program includes: 1) A series of golf clinics and, in some cases, private instruction, 2) an Opening Field Day to kick off the golf season once school classes end, 3) a Club Championship whereby Junior Club Champions are crowned, 4) a Closing Field Day in late August and 5) an opportunity to play a lot of golf for a very reasonable annual fee, with few restrictions. There were a total of 25,413 rounds of golf played at the Rockwood Park Golf Course during the 2010 golf season. This is a small increase in total usage compared to the 2009 golf season. The Rockwood Park Golf Course hosted the local United Way Charity Golf Tournament again in 2010. TGMI waives all green fee costs associated with this annual event, contributing significantly to the annual bottom line of the charity. The resulting lost revenue to TGMI for this "in- kind" community support was more than $ 3,700.00 again in 2010 The golf course also continued to host other Charity golf tournaments and worked diligently with tournament organizers to maximize event fund raising. A very unique and effective annual fund raiser, a Helicopter Ball Drop and Charity Golf Tournament, was again hosted by the Rockwood Park Golf Course in support of the local Animal Rescue League. The Helicopter Ball Drop and Golf Tournament event combined to raise more than $ 16,000.00 for the ARL. A new tractor was purchased in 2010. The old tractor reached the end of it's useful life and was not economically repairable. A tractor is required mainly to pull the rough mower, but is often needed to assist in completion of other tasks. The tractor cost was more than $ 24,000.00 and j was a totally unexpected expense. The Service Building at the Aquatic Range was renovated inside and out and power was upgraded. Additionally, a new electronic ball dispenser and ball cleaner were purchased to enhance the efficiency of customer service. The costs of all exceeded $ 15,000.00. Proposed 2011 Fee Structure, tax extra GREENS FEES 2010 2011 Junior greens fee ( Age 10 - Age 18) $ 15.93 $ 15.93 Adult greens fees ( Age 19 - Age 59, 7 days a week): $ 380.53 7am -1 pm $ 33.63 $ 34.51 1:10pm -3pm $ 28.32 $ 29.20 After 3pm $ 23.01 $ 23.89 Senior greens fee ( Age 60 +,See Note 1) $ 22.12 $ 23.01 SEASON PASS ANNUAL FEES 2010 2011 Junior ( Age 10 -Age 18, See Note 2) $ 261.06 $ 269.91 Student ( Age 19 +, See Note 3) $ 371.68 $ 380.53 Young Adult ( Age 19 - Age 25) $ 632.74 $ 495.58 Intermediate Adult ( Age 26 - Age 35) $ 867.26 $ 632.74 Adult ( Age 36 - Age 59) $ 867.26 $ 876.11 Senior ( restricted, Age 60 +, See Note 4) $ 646.02 $ 654.87 Senior ( unrestricted, Age 60 +) $ 769.91 $ 778.86 Note 1) - The senior green fee rate applies all day each Monday through Friday throughout the entire golf season, for any golfer who has reached their 60`h birthday. Note 2) - Junior Season Pass holders may neither tee off before noon on weekends nor between 3pm and 5pm on weekdays. Note 3) - Students must have been enrolled full time at either university or college during the 2010 / 2011 school year. Note 4) - Restricted seniors may not tee off prior to noon on weekends. It should be noted that: 1) The upper age limits remain in effect if ones birth date occurs before 31 July 2011. In this case one remains in the lower age group for another season. If one turns the upper age limit after the 01 August 2011 then they move up to the next higher age group, 2) The lower age limits come into effect if ones birth date occurs after 01 August 2011. In this case one moves up to the next higher age group. If one turns the lower age limit prior to 01 August 2011 then they remain in their current age group for another season. Plans for 2011 A new fleet of golf course maintenance equipment has been procured forthe 2011 golf season. The rough terrain at Rockwood Park prematurely ages all equipment thus requiring equipment replacement every 4 years out of necessity. For example, The fai rway mower purchased 4 years ago was down several times during the 2010 golf season and barely made it through the term. The repair costs were high given that TGMI was beyond warranty. This has been the case with both Toro and John Deere golf course maintenance equipment at Rockwood Park. On many golf courses equipment is expected to have a useful life of 8 years. TGMI is currently working with One Change Inc., in cooperation with President Scott Crawford, intendingto develop a youth golf program targeting at -risk youth from the old North End. The objective is to have the initiative operating in 2011. 1 Yae u& ofsawjahp March 28, 2011 Common Council of The City of Saint John Your Worship and Councilors: Re: Saint John Emergency Management Organization Advisory Committee Currently, the City has an established Emergency Management Council Committee consisting of the Mayor and three Councilors. Nonetheless, if Saint John is to achieve an accredited emergency management service in compliance with Canadian Standards Association (CSA) Standard Z1600 -08 (Emergency management and business continuity programs) and the Emergency Management Accreditation Program Standard, it is required to establish an advisory committee with broader and more comprehensive membership, including external representation. The purpose of such a committee is to provide coordinated input by a full range of stakeholders in the preparation, implementation, evaluation, maintenance and revision of the municipal emergency management service. Consequently, in consultation with the existing Emergency Management Council Committee and in accordance with the standards cited, the Saint John Emergency Management Organization (EMO) has developed proposed Terms of Reference for a new Saint John Emergency Management Organization Advisory Committee submitted at Annex A for approval. Accordingly, it is in order for Council to adopt a resolution establishing and populating that Committee. The following is the form of the appropriate resolution: RESOLVED that there is hereby established a standing committee to be known as the Saint John Emergency Management Organization Advisory Committee existing and functioning in accordance with the approved Terms of Reference; chaired by the Director of Saint John EMO and comprised of the members of the Emergency Management Council Committee, namely the Mayor and three Councilors, the Manager, Emergency Preparedness, the Common Clerk, and such additional members, members -at -large and city staff as shall be defined in the Terms of Reference, and further that this matter be referred to the Nominating Committee. Respectfully Submitted, Mark Gillan, C.F.O., MIFireE Acting Director — Emergency Management Organization 4� SAINT JOHN J. Patrick Woods, C.G.A. City Manager P.O. Box 1 371 Saint john, Na Can M UL M I w4tiw.58in1Phnxa I C.P.1971 Saint John, N �, Canaria E2L 4L I :• Terms of Reference Saint John Emergency Management Organization Advisory Committee Mandate The purpose of the Saint John Emergency Management Organization (SJ EMO) Advisory Committee is to provide guidance and advice to the Director of SJ EMO to improve the municipal emergency management service [henceforth referred to as 'service']. Committee type The committee shall be a standing type in which members will serve without remuneration. Responsibilities The committee shall be responsible for the following: Strategic Direction - Confer with the Director of SJ EMO in the preparation and implementation of a strategic framework defining, but not limited to, vision and mission statements as well as goals and objectives of the service. - Ensure the service complies with all regulatory requirements and standards established by the municipal, provincial and federal governments. - Ensure the service conforms to appropriate Canadian Standards Association (CSA), Emergency Management Accreditation Program (EMAP) standards and International Standards Organization (ISO) emergency management ones. Consultation - Act in an advisory capacity to the Director of SJ EMO in matters pertaining to important administrative matters as well as the provision of emergency management initiatives. - Consult with the Director of SJ EMO with respect to major decisions concerning priorities and resource allocation in the day -to -day operation of the service. - Advise the Director of SJ EMO concerning financial and budgetary matters related to the provision of the service. 1 a Advocacy - Support the service by being ambassadors to the community. - Represent legitimate concerns of the general public and interests groups including the private and non - governmental sectors. - Discuss community concerns relative to the service, and in cooperation with the Director of SJ EMO, establish effective priorities and initiatives. Quality Improvement - Ensure goals, objectives and established priorities of the service are met. - Provide input to or assist in coordinating the preparation, implementation, evaluation, maintenance and revision of the service. - Conduct an annual review of the service and, if necessary, make recommendations for improvement. Membership Cross - sector representation on the committee shall be comprised of the following persons: - Director of SJ EMO - Manager of Emergency Preparedness - Emergency Management Council Committee including the Mayor and three (3) Councillors - Chief of Saint John Police Force - Common Clerk - CEO of Saint John Energy - Eight (8) members -at -large as follows: • Six (6) individuals representing each of Saint John's four (4) wards (e.g., one each from the North and South wards and two each from the East and West wards) • A representative for industry • A representative for non - government social service agencies - Emergency Preparedness Administrative Support (Secretary) As deemed appropriate, others may be invited on an ad -hoc basis to contribute to the development of the service. Chair The Chair of the committee shall be the Director of the SJ EMO. In the absence of the Chair, an interim shall be selected at the meeting. 2 91 Term of Office The term of office shall be as follows for: Elected Officials The Mayor, as well as the three (3) Councillors who are appointed to the emergency management portfolio, shall hold office for their terms of office or as determined by Council. Members The term for committee members shall be two (2) years, renewable for one (1) additional term. In order to foster continuity of activities, service on the committee will be staggered on a pre- defined cycle. Accountability The SJ EMO Advisory Committee shall ensure that Senior Staff of the City of Saint John are updated quarterly regarding the committee's activities and progress as well as all emergency management initiatives. Meetings Frequency In an effort to provide sufficient and regular service input, the committee shall meet four (4) times per year in the months of September, January, March and June, at a time agreed on by the members. Additional meetings may be called at the request of the Chair with at least seven (7) business days prior notice. Emergency meetings to deal with critical issues may be called by the Chair on a 24- hour notice. Location All meetings shall be held at the municipal's Emergency Operations Centre (EOC) located at 45 Leinster Street, Saint John. In the event the EOC is not available, an additional location will be communicated to the committee members. Minutes Minutes of all the committee's proceedings shall be recorded, distributed to committee members and maintained electronically. The Chair is responsible for approving the minutes prior to distribution. 3 ', The City of Saint John Mayor Ivan Court Mayor's Office Bureau du rnaire P-4-1 3}lliNT tORN WHEREAS: PROCLAMATION another Canadian is diagnosed with cancer every three minutes; and WHEREAS: the Canadian Cancer Society is working to eradicate all cancers and improve the quality of life for people living with cancer; and WHEREAS: daffodil month and daffodil day are opportunities for residents of Saint John to show their support in the fight against cancer; and NOW THEREFORE: I, Mayor Ivan Court, Lt— of Saint John ask that all residents of Saint John join the Canadian Cancer Society in the fight against cancer; and be it further resolved that April is officially recognized as Daffodil Month, and April 27, 2011 is officially recognized as Daffodil Day and encourage all residents of Saint John to show your support for someone on their cancer journey. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. P.O. Box 1971 Saint John, NB Canada E2L 40 I www.saintjohn.ca I C.P. 1971 Saint John, NA. Canada EA 4L1 93 The City of Saint John Mayor Ivan Court Mayor's Office Bureau du maire l )-- SAINT 501-IN WHEREAS: PROCLAMATION oncology nurses are committed to providing quality oncology care; and WHEREAS: oncology nurses have demonstrated excellence in patient care, teaching, research, administration, and education in the field of oncology nursing; and WHEREAS: oncology nurses endeavour to educate the public in the prevention and treatment of cancer; and NOW THEREFORE: I, Mayor Ivan Court, of Saint John do hereby proclaim Tuesday, April 5th' 2011 As Canadian Oncology Nursing Day and urge all residents of Saint John to join in observance of and participate in activities to recognize the special contribution oncology nurses provide to the public. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. RO. Box 1971 Saint John, NB Canada EA 4L1 www.saingohn.ca I C.P. 1971 Saint John, NA. Canada EZL 4L1 94 The City of Saint John Mayor Ivan Court Mayor's Office Bureau du maire PROCLAMATION WHEREAS: ARMA International is an association of records, information and knowledge management professionals; and WHEREAS: the ARMA Atlantic Chapter is one of 150 chapters of ARMA International. The Association has over 10,000 members worldwide such as records managers, IT managers, legal professionals, educators, archivists, corporate librarians, consultants and image specialists; and WHEREAS: the ARMA Atlantic Chapter is committed to promoting the profession by leveraging the value of records, information and knowledge as corporate assets through resources, education and networking opportunities to the profession and strategic partners; and WHEREAS: control of records and information is necessary for reduction of risk and liability as well as for legislative compliance; and WHEREAS: as residents of Saint John continue to face the complexities of competition, customer service, globalization and technology, proper management of records and information is critical; NOW THEREFORE: I, Mayor Ivan Court, ��"`� of Saint John do hereby proclaim the month of April as Records and Information Management Month in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. "V SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, 95 The City of saint John Mayor Ivan Court Mayor's Office Bureau du maire PROCLAMATION WHEREAS: the Honourable James Moore, Minister of Canadian Heritage and Official Languages, announced that the Government of Canada will now officially recognize April 6th as Tartan Day; and WHEREAS: many Canadian provinces and other countries already celebrate Tartan Day. As well, through Tartan Day, Canadian will have an opportunity to learn more about the various cultures that comprise Canadian society; and WHEREAS: we encourage Canadians all across the country to celebrate the contributions that over four million Canadians of Scottish heritage continue to make to the foundation of our country; and WHEREAS: in Canada, Tartan Day is celebrated on April 6th, the anniversary of the Declaration of Arbroath, the Scottish declaration of independence, Tartan Day celebrations typically include parades of pipe bands, Highland dancing and sports, and other Scottish -theme events; an NOW THEREFORE: I, Mayor Ivan Court, �Llo_f Saint John do hereby proclaim April 6th, 2011 as Tartan Day, the anniversary of the Declaration of Arbroath, the Scottish declaration of independence in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. 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 L 4L1 ----------- 96 q,1 STREET CLOSING PORTION OF UNNAMED PUBLIC STREET IN GLEN FALLS Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By -law Respecting The Stopping Up and Closing of a Highway In The City of Saint John" at its regular meeting to be held on Monday, March 28, 2011 at 7:00 p.m. to stop up and close the following portion of highway: Portion of Unnamed Public Street in Glen Falls: All that portion of Unnamed Public Street in Glen Falls, a public street in the City of Saint John, in the County of Saint John, in the Province of New Brunswick, comprising 996 square metres (10,721 square feet) more or less as shown on a Plan of Survey CAD: SJ11008 -610 prepared by Genivar, surveyed by Andrew K. Toole, New Brunswick Land Surveyor, dated February 17, 2011. (INSERT PLAN) The proposed amendment and plan of the above described portion of highway may be inspected by any interested person at the office of the Common Clerk, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m. Monday to Friday inclusive, holidays excepted. Written objections to the proposed amendment may be sent to the undersigned at City Hall. Elizabeth Gormley, Common Clerk 658 -2862 Otl FERMETURE DE RUE PARTIE D'UNE RUE PUBLIQUE SANS NOM A GLEN FALLS Par les pr6sentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention de modifier l'« Arret6 sur 1'interruption de la circulation et la fermeture des routes dans The City of Saint John )> lors de la r6union ordinaire qui se tiendra le lundi 28 mars 2011 a 19 h afin d'interrompre la circulation et de fermer le tronron de route suivant : Partie d'une rue publique sans nom a Glen Falls : Toute ]a partie dune rue publique sans nom A Glen Falls, une rue publique situ6e dans The City of Saint John, dans le comt6 de Saint John et dans la province du Nouveau - Brunswick, d'une superficie d'environ 996 m6tres carrds (10 721 pieds carr6s) et d6limit6e sur un plan d'arpentage (conception assistde par ordinateur n° SJ11008 -610) pr6par6 par Genivar, arpent6e par Andrew K. Toole, arpenteur pour la province du Nouveau - Brunswick, et dat6 du 17 f6vrier 2011. (INSERER LE PLAN) Toute personne int6ressde peut examiner le projet de modification et le plan des trongons de route d6crits ci- dessus au bureau du greffier communal a 1'h6tel de ville au 15, Market Square, Saint John (N. -B.), entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par 6crit a 1'attention du soussign6 a 116tel de ville. Elizabeth Gormley, Greffi&e communale 658 -2862 NOTES - DIRECTIONS ARE N.B. GRID AZIMUTHS DERIVED FROM THE N.B. GRID MONUMENTS TABULATED HEREON. -THE SCALE FACTOR USED WAS 1.000028, -THE DOCUMENT NUMBERS REFERRED TO ON 1L0 PLAN ARE THOSE OF THE COUNTY REGISTRY OFFICE. - ADJACENT OWNER INFORMATIQN OBTAINED FROM SNB RECORDS. -ALL DISTANCES SHOWN ARE CALCULATED GRID DISTANCES. - CERTIFICA'TION IS NOT MADE AS TO LEGAL TITLE. BEING THE DOMAIN OF A LAWYER, NOR TO THE ZONING & SETBACK BY -LAWS OR REGULATIONS, BEING THE DOMAIN "OF A DEVELOPMENT OFFICER. - CERTIFICATION IS NOT MADE AS TD COVERANTS SET OUT IN THE DOCUMENT(S) AND THE LOCATION OF ANY UNDERGROUND SERVICES AND /OR FIXTURES, PERMANENT OR OTHERWISE. - INITIAL FIELD SURVEY WAS COUPLETED FEBRUARY P. 2011. NOTES -- LES DIRECTIONS SONY LES AZIMUTS GRILLE PROVENANT DES REPERES D'ARPENTAGE DU N: B, ET SONY PRESENTES CI- CONTRF. - LE FACTEUR D'ECHELLE UTIUSf £TAIT 1.008020. - LES NUMBRRS DU DOCUMENT INOIOUES SUR CK PLAN SONT CEUX W BUREAU D'ENREGISTREMENT DES ACMES BU COMTE. - LES RENSEIGNEMENTS DES TERRAINS CMI1GtlES ONT LTE OBTENUS DES DOSSIERS DE SNB. - TOUTES LES DISTANCES MONTREES SONT DES DISTANCES ELF GRILLE CALCULEES. -LA CER11FICATILNJ NEST PAS DONNEE QUAINT AU TITRE DE PROPRIETE, QUI RELEVE O'UN AVOCAT, NI WANT AUX REGLEMENTS DE ZONAGE ET DE MARGE DE RECUL, QUI RELEVENT D'UN AGENT D'AMENAGEMENT, -LA CERTIETCA110N NEST PAS DONWE QUANT AUX CAUSES RES7RICTIVES INDIOUQES DAMS LE(S) DOCUMENT(S) NI OUANT A CEMPLACEMENT DE SERVICES ET /OU WACCESSOIRES Fl7Q54 PERMANENTS OU AUTRES_ -LE LEVI! SUR LE TERRAIN WTIAL A ETE FAIT LE 9 FENDER 2011. P'URPOS'E OF PLAN -TO ACCOMPANY A PROPOSED STREET CLOSING OF A PORTION OF LRINAYED PUBLIC STREET W GLEN FALLS BUT DE PLAN -POUR ACCOMPAGNER LA FERMETLRC PROPOSES DUNE PARTIE DE LA RUE PUBLIOUE: SANS NOM DAMS GLEN FALLS, TUOS LES Ck -CUL3 EF ECTUES Er TDUTES LES COOFWKW4M 0010WES AU WdgNT PLAN SONT DASES 911 LE SYS1 OE PRDJECIION STOROOLARIQE DOLASE DU NOLTVEAI!-9G1MKX, ET SM LT118S0MC NADU (SUM) KAL S PAR LE SYSiELR: OE CON ROLE ACTT DE SEITWOE "WVLALFDAIHS'LLOC STElEDWIAPM DMU PMECIION AND TILE NAWXC9M) D APSOD AS REALIID BY SERY P" BRLMSI 'S ACTTIC OUITR0. SYSTPL STATION 1 EASTING I NORTHING I N.B. GRID COORDINATE VALUES COORDONNEES DU SYSTtME i LOT 258 SC[/�At RNI It. flL q ron� mva�,r LOT 26, BLOCK 28 L/ / O .—I 4 Z Lj LLI W J J cn � W � Ln Ln (J W Z F a a a_ 0_0 ° LL) z (A _E �(n J W ao0 z�V)L' rn Z Ln O J 7) (L Q O cV O LL :::I if) Z Z ED J CL 1- Of � W Oz7) d — <Y MEMIN BELGIAN ROAD 1LY 4A� 4.01 C' \ �b OA ow LOTS 27, 28, 29 AND 30, BLOCK 28 STREET/RUE NOTE - 15.240 METER VADE UNNAMED STREET W GLEN FALLS LYING BETWEEN MORGAN ROAD AND BELGAIN ROAD AS SHOWTI ON A PLAN ENTITLED "PLAN OF PMT OF aim FALLS OWNED BY THE ¢0L9BR00K REALTY ANN DEVELOPMUT CO. LTD.' DA?M PL'BRUARY D, M5 A" MfO IN THE SAINT JpHN CftNTY RMIRY OFFICE ON WON 9, 11NS IN DRA*R I, AS PLAN NLtWBE.1t 2 -RUE SANS NOM DE 15.240 METRES DE LARGEUR A GLEN FALLS, SITUE ENTRE LE CHEMIN MORGAN ET LE CHEMIN BELGAIN OOMME DEMONTRE SUR LE PLAN INDTULE PLAN OF PART OF GLEN FALLS OWNED BY M COLDBR60K REALTY AND DEVELOPMENT CO. LTD' DATE LE 9 FEVRWR, 1915 ET DEPOSE DAMS LE BUREAU D'ENRISTREMENT DU MUTE DE SAINT JOHN LE-9 MARS, 1915 DANS LE TIROIR 1. ODWUE PLAN NUMERO 2. SURVEY AREA DESCRffrrION m„rlr aYa1o, 000bN.lc I,b�Amlf abE DJ f1STD( S E DESCWPTgH SYIA A TRMM /bRUCnIa ■.,�V rou.Orrr R:: FEBRUARY 17. 2011 w�w�ey�r`Y:� •go��ay�n�wt>P�leaYU.g�YpyL iidx 0 M-1 ii I(O'M1eYENOr.�xt,Y¢MNt¢ O�rta r� Nn w+ cArvivor tus .-Fr -r �wbo�a Tnwn rRia.�wr is,n a M4o+1 R.w ]o,,, Dorm ra S)RVEY PLAN / PLAN WARPENTAGE PORTION OF UNNAMED PUBLIC STREET IN GLEN FALLS / UNE PARTIE DE LA RUE PUBLIQUE SANS NOM DANS GLEN FALLS CHEM MORGAN ROAD / CHE111N BELMN ROAD CITY OF/WILE DE SAINT JOHN, COUNTY OF /COMTE DE SAINT JOHN, PROVINCE OF NEW BRUNSVACK. PROVINCE DU NOUVEAU,BRUNSWICK W NMI ITI14f, NAYAp1 RAA Wff JCNM, IICiS AMNSP( GENIVAR rte° wrwr �IYAIIt>oI SALON �. B. 188390 BY: ANDREW K. MOLE, N.B.L4. PAR; R:: FEBRUARY 17. 2011 TEII1YJf1: AKT °`° Akr _ `'G N SALON 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 Be it enacted by the Common Council of The City of Saint John as follows: 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 217 immediately after Section 216 thereof, as follows: 217 The City of Saint John does hereby stop up and close permanently the following portion of highway: Portion of Unnamed Public Street in Glen Falls: All that portion of Unnamed Public Street in Glen Falls, a public street in the City of Saint John, in the County of Saint John, in the Province of New Brunswick comprising 996 square metres (10,721 square feet) more or less as shown on a Plan of Survey CAD No. SJ 11008 -610 prepared by Genivar, surveyed by Andrew K. Toole, New Brunswick Land Surveyor, dated February 17, 2011. 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: ARRETE No M -23 ARRETE MODIFIANT L'ARRETE SUR L'INTERRUPTION DE LA CIRCULATION ET LA FERMETURE DES ROUTES DANS THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete cc qui suit: 1 Par les presentes, Farrete de The City of Saint John intitule, « L'arrete sur 1'interruption de la circulation et la fermeture des routes dans The City of Saint John », decrete le 19 decembre 2005, est modifie par 1'ajout de Particle 217 immediatement apres Particle 216, comme suit : 217 Par les presentes, The City of Saint John barre et ferme de fagon permanente la portion dune route suivante : Partie dune rue publique sans nom i Glen Falls : Toute la partie d'une rue publique sans nom a Glen Falls, une rue publique situee dans The City of Saint John, dans le comte de Saint John et dans la province du Nouveau - Brunswick, d'une superficie d'environ 996 metres carres (10 721 pieds carres) et delimitee sur un plan d'arpentage (conception assistee par ordinateur n° SJ1 1008 -610) prepare par Genivar, arpentee par Andrew K. Toole, arpenteur pour la province du Nouveau - Brunswick, et date du 17 fevrier 2011. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2011, avec les signatures suivantes : Mayor/Maire Common Clerk/Greffiere communale First Reading - 12011 Premiere lecture — le 2011 Second Reading , 2011 Deuxieme lecture — le 2011 Third Reading - 12011 Troisieme lecture le 2011 99 M & C# 2011 -55 March 25, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of Unnamed Street Closure (Pending) in Glen Falls BACKGROUND: At this evening's meeting, Common Council will hold a Public Hearing to consider amending a by -law respecting the stopping -up and closure of an Unnamed Street in the Glen Falls area. 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 owner of this dwelling 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 right -of -way and to enable needed repairs /improvements to the dwelling. If this street is closed, the owners of both civic #42 Morgan Road and the owner of civic #55 Belgian Road seek to acquire a portion of the property as shown on an attached Tentative Plan of Subdivision. NB Department of Supply and Services owns an adjoining property to the east of the unnamed street and they have indicated they have no interest in acquiring any portion of any closed street. ANALYSIS: The street is undeveloped and is situated along the side of a steep hillside in the highlands of Glen Falls. There appears to be a substantial area that contains rock outcrop at or just below the surface. Given the rough terrain of this land and the area in which it is located, market value per square metre of the undeveloped street is minimal. Since there appears to be no value in this land to other potential land owners, market value cannot be considered. Instead, staff and the two adjoining property owners have agreed to assign a $1,000.00 and $500.00 "administrative fee" to the sale of Parcels "A" and `B" respectively. In addition to the above noted "fee ", each of the two property owners who wish to acquire their share of the undeveloped street right -of -way will be responsible to 100 Report to Common Council March 25, 2011 Page 2 pay a proportionate share of the costs for the survey /subdivision plans and public advertising that is required to close this street. The total costs involved as aforementioned is approximately $5,000.00. In addition, each recipient of land will be responsible for their own legal services. The recommendation contained in this report will facilitate the sale of the undeveloped street should it be stopped -up and closed. RECOMMENDATION: That in the event the Unnamed Public Street in Glen Falls is stopped -up and closed, The City of Saint John sell its fee simple interest in Parcel "A" having an area of approximately 713 square metres to Harry William Rowe and Claudette Mary Theresa Rowe for $1,000.00 plus HST (if applicable) as per the attached Offer of Purchase and Sale agreement; and to sell Parcel `B ", having an area of approximately 283 square metres to Robert K. Janes for $500.00 plus HST (if applicable) as per the attached Offer of Purchase and Sale agreement, both Parcels as shown on an attached Tentative Plan of Subdivision; and 2. That the Mayor and Common Clerk be authorized to sign any documents required to finalize the land transfers. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager CL /c Attachments 101 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 102 ■c Fj I Q i a d 4 Q ad 103 �9 b' n bt� # l; p . 611 b R 1z 9 I a w Rix C $l W1 is �. g� -8 1bbk zk p yy bb R eons 0 a 31 w� Z 7 b N 7 K 2 0 CHEMIN BELGIAN ROAD 15.240 woe DOCUMENT STATUTE: 8 Geo.V, 1917 c. 48 STREET CLOSING BY —LAW ENACTED: XX PURPOSE OF PLAN NOTES — DIRECTIONS —TO (*ID* PARCEL A TO BE ADDED TO AND FORM PART OF GRID MONUM LOT 258, PLAN 11, FILE 50, PID 00299347. —THE SCALE Tn I-- 'Cl CI D n - A-VI Tn - Cn0+1 OAOT nC TUC Art nl 11. Offer of Purchase and Sale Portion of Unnamed Street Right -of -way (if stopped - up and closed) In the event that the Unnamed Public. Street in Glen Falls is stopped -up and closed, as shown on attached plan, The City of Saint John offers for consideration the sale of Parcel "A" having an area of approximately 713 square metres (7,675 square feet) to Harry William Rowe and Claudette_ Mary Theresa Rowe, for the sum of $1,000.00 plus HST (if applicable). As part of this transaction, The City of Saint John is responsible for the following: 1) To prepare the public advertisement notifications that are required to satisfy the procedural regulations, prior to the consideration by Common Council to stop -up and close a public street, and 2) To prepare a survey /subdivision plan for conveyance purposes. In consideration of the above and in addition to the purchase price for Parcel "A" the land owners of civic #42 Morgan Road, identified as Lot 25B on the attached Tentative Plan of Subdivision, shall: a) pay a proportionate share of the public advertising and translation costs totalling $545.61 plus HST; b) pay a proportionate share of the survey /subdivision costs totalling $2,466.75 plus HST; c) be responsible for their legal costs and registration and administrative costs associated with this land transfer to be consolidated with Lot 25B, and d) provide a deposit in the form of a certified cheque in an amount of $500.00 plus H.S.T., which must be received by the City of Saint John, no later than Friday, March 18, 2011. In the .event the street is not stopped - up and closed, the deposit will be returned to Harry and Claudette Rowe. 105 This offer is subject to Common Council approval. We &a �-e and -O ZQ cc1� owners of chic #42 Morgan Road, also identified as PID #299347 accept the offer contained herein. Lt --f/ Signature Date 644Z� - a 4 2� Signature Date E Offer of Purchase and Sale Portion of Unnamed Street Right -of -way (if stopped - up and closed) In the event that the Unnamed Public Street in Glen Falls is stopped -up and closed, as shown on attached plan, The City of Saint John offers for consideration the sale of Parcel "B" having an area of approximately 283 square metres (3,046 square feet) to Robert K. Janes, for the sum of $500.00 plus HST (if applicable). As part of this transaction, The City of Saint John is responsible for the following: 1) To prepare the public advertisement notifications that are required to satisfy the procedural regulations, prior to the consideration by Common Council to stop -up and close a public street, and 2) To prepare a survey /subdivision plan for conveyance purposes. In consideration of the above and in addition to the purchase price for Parcel "B ", the owner of civic #55 Belgian Road, identified as Lot 26, Block 28 on the attached Tentative Plan of Subdivision, shall: a) pay a proportionate share of the public advertising and translation costs totalling $217.48 plus HST; b) pay a proportionate share of the survey /subdivision costs totalling $1,200.73 plus HST; C) be responsible for their legal fees, including registration and administrative costs associated with this land transfer to be consolidated with Lot 26, Block 28; and d) provide a deposit in the form of a certified cheque in an amount of $500.00 plus H.S.T., which must be received by the City of Saint John, no later than Friday, March 18, 2011. In the event the street is not stopped - up and closed, the deposit will be returned to Robert Janes. This offer is subject to Common Council approval. I J0,&J6�t Wf.. :.lc+,,,n�`� _ , owner of civic #55 Belgian Road, also identified as PID #298901 accept the offer contained herein. aat;;� Ma, r Signature tDate 107 Mayor Ivan Court Mayor's Office Bureau du maire March 21, 2011 TO: Deputy Mayor Chase and Common Council RE: Asphalt Request: I am requesting that the City Manager review the quality control assurance for asphalt and the application of same to city streets. Rational: Many of our roads that have been paved in recent years are deteriorating faster than anticipated. Sincerely, Ivan Court Mayor 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 ----------- March 28th, 2011 Your Worship Mayor Ivan Court & Members of Common Council: RE: Spring- Summer Road Construction The on -going repair work to the Harbour Bridge and the planned construction on Union Street, St. Patrick Street, Station Street, City road, to name just a few, will cause some inconvenience to the public this construction season. I would suggest that there are a number of ways for the public to assist in reducing the traffic issues, including: car pooling, transit, park and ride, etc. Moreover, employers may wish to consider changing hours of operation to help reduce traffic at peak hours. City Staff should review and consider changes to traffic patterns in order to lessen the impact on the public. Motion: Direct the City Manager to submit a report with a brief update on the construction this spring /summer and recommend actions /suggestions. 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 109 loll I March 24, 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: RE: Harbour Passage Overview: Harbour Passage is a vital link in our community. It connects parts of our community in a way that is consistent with the vision articulated in Plan SJ in that it is an active transportation link. Last year many residents were inconvenienced and prevented from enjoying this key City asset. Residents have expressed concern that the experience of last year will be repeated. Motion: That the City Manager direct the appropriate staff to take all necessary steps within the legal limits of the City's authority to ensure that: 1) Harbour Passage is restored as soon as possible; and 2) Harbour Passage is accessible throughout its length to pedestrians and cyclists during 2011. Yours very truly, Mel K. Norton Councillor Saint John City Council 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 110 March 28, 2011 Your Worship Mayor Ivan Court & Members of Common Council: Issue: Provincial Initiative: Crescent Valley Neighbourhood Revitalization Project Context: The recently approved PIanSJ Growth Strategy has within its section entitled "Opportunity Areas" (page 40), the following: Crescent Valley includes the residential areas and commercial street frontage centred on the intersection of Somerset Street and Churchill Boulevard. Over time, this neighbourhood will be intensified to provide additional street frontage retail and commercial uses, with apartments above grade, and other medium density housing, to support its role as a convenient convenience shopping and commercial gateway between adjacent residential neighbourhoods. • I feel it is important that the Department of Social Development update Council on what stage of development they are at with respect to Crescent Valley. • 1 would suggest this be done in Open Session of Council and that key neighbourhood stakeholders be invited. • It is imperative that this project be started spring / summer 2011. • This is a referral motion. Motion: That the City Manager direct the appropriate City staff to invite officials of the Department of Social Development, to Open Session of Council, to update us on their revitalization plans for the Crescent Valley Neighbourhood. R c ub ' d, er McGuire Councillor — City of Saint John SAINT JOHN —1� P.O. Box 1971 Saint John, NB Canada E21- 41-1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 111 March 28, 2011 Your Worship Mayor Ivan Court & Members of Common Council: Issue: PIanSJ Growth Strategy (March 2011): Fairville Place Context: As City planning staff begin to examine the improvements for Fairville Boulevard this year, it is suggested that they may include enhancements to Fairville Place at the same time. • As stated on page 40 of the PlanSJ Growth Strategy document: Fairville Place includes the residential streets and historic retail street frontage along Main Street West, bounded by Fairville Boulevard and Cotherwood Street. The revitalization of existing retail frontage along Main Street West in envisioned over time, providing residents with convenient, walkable access to convenience shopping that is a complimentary use to the larger format retail developments in nearby Lancaster Place. • A combined planning examination, built on community engagement, may be a more resource effective model. • This is a referral motion. Motion: That as the planning process begins for the Fairville Boulevard area, consideration be given to include "Fairville Place" within this planning process model. R&tfull ub i tte , r eter McGuire Councillor - City of Saint John /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 --- -------- � 112 t2 A REPORT TO COMMON COUNCIL 24 March 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Municipal Legislative Powers Common Council requested a report "...with regard to the action our municipality could take to advocate for changes to the legislative process in the passing of civic laws and regulations." The powers of a municipality are determined by Provincial Legislation. A report by the Municipal Review Advisory Committee noted that, "The Constitution Act, 1867, makes no reference to municipalities except in subsection 92(8) where they are placed under provincial jurisdiction. As a result, municipal governments are considered to be creations of the Provinces capable of exercising only those powers delegated to them by Provincial governments. In order for a municipal Council to enact a bylaw dealing with a specific matter, the enabling legislation must either expressly or by necessary implication set out the authority to do so." The current legislative approach employed in New Brunswick is generally referred to as the `prescriptive approach'. This means it prescribes exactly what authority a municipality may exercise. For example if the Municipalities Act states we can regulate dogs and does not specifically mention cats then we cannot regulate cats. Some years back the question of whether or not a municipality could charge for garbage collection arose. Because the Act did not specifically provide for billing for garbage collection even though this is a municipal service it was necessary to have amendments introduced in the legislature to allow for this type of charge. More recently the ability of a municipality to regulate unsightly /dangerous /vacant premises became an issue that required provincial approval and legislative amendments. The legislative process causes delays, requires considerable administrative effort, clouds responsibility for local issues and also necessitates the exercise of political will by another level of government that is not confronted by these local issues on a daily basis. 113 Several reports have been written about the shortcomings of the current prescriptive legislative mechanism and the need to modernize the legislation in New Brunswick including the Municipal Review Advisory Committee, the Municipalities Act Review Committee and the recent Finn Report. The inability of a municipality to respond to changing circumstances and address local issues in a timely manner is a common criticism. A discussion paper on Municipal Autonomy issued by the Federation of Canadian Municipalities captured the issue well when it concluded as follows; "Municipalities are engines of our well- being. Municipal Councils are closest to the people and, more and more, are providing the public services and works that meet the citizens' needs. Despite expectations on the part of local citizens that municipal institutions act as if they constituted a level of government, the Canadian Constitution does not recognize municipalities as an order of government. As a result, municipalities do not have adequate powers or resources to meet local needs or expectations." Most provincial jurisdictions in Canada have now modernized their legislative approach towards municipalities and moved to what is called a `permissive' approach or spheres of jurisdiction approach in defining municipal powers. Instead of specifying in detail exactly what a municipality is permitted to do the legislation seeks, "to give broad authority to the council and to respect its right to govern the municipality in whatever way the council considers appropriate, within the jurisdiction given to it..." The jurisdiction of municipalities is then set out in broad `spheres of jurisdiction'. The specific municipal spheres of jurisdiction are set out by the province in each Municipal Act and cannot conflict with established provincial or federal jurisdiction. Great care must be taken in describing the spheres of jurisdiction that fall within the municipal domain to avoid future conflict or overlap. An excerpt from the Municipal Act in Manitoba is attached for Council's information. It makes clear that municipalities have broad authority to pass bylaws, regulate, prohibit, establish fees, provide for a system of licenses etc. within the municipally assigned spheres. Clearly, broader authority also brings with it an increased level of decision making responsibility at the local level. The current Municipalities Act in New Brunswick is long overdue for a comprehensive update. The Province should move to the spheres of jurisdiction approach that would provide a broad grant of powers to local Councils to act within specified spheres of jurisdiction. 114 This would allow a Council to respond to emergent issues on a timely basis by bylaw, regulation or license, avoid undue administrative effort, establish clear responsibility and accountability for making bylaws and regulations within the municipal spheres and encourage innovative action at the local level as different municipalities develop different responses to similar issues. Recommendation Resolved that Common Council advocate for the introduction of a permissive legislative approach in a new Municipalities Act in the Province of New Brunswick. Respectfully submitted, L.atrick Woods, CGA CITY MANAGER 115 Municipal Act - 125 - 249 SPHERES OF JURISDICTION Page 1 of 2 Guide to interpreting power to pass by -laws 231 The power given to a council under this Division to pass by -laws is stated in general terms (a) to give broad authority to the council and to respect its right to govern the municipality in whatever way the council considers appropriate, within the jurisdiction given to it under this and other Acts; and (b) to enhance the ability of the council to respond to present and future issues in the municipality. Spheres of jurisdiction 232(1) A council may pass by -laws for municipal purposes respecting the following matters: (a) the safety, health, protection and well -being of people, and the safety and protection of property; (b) people, activities and things in, on or near a public place or a place open to the public, including parks, municipal roads, recreation centres, restaurants, facilities, retail stores, malls, and private clubs and facilities that are exempt from municipal taxation; (c) subject to section 233, activities or things in or on private property; (d) municipal roads, including naming the roads, posting the names on public or private property, and numbering lots and buildings along the roads; (e) private works on, over, along or under municipal roads; (f) property adjacent to highways or municipal roads, whether the property is publicly or privately owned; (g) the operation of off -road vehicles on public or private property; (h) drains and drainage on private or public property; (i) preventing and fighting fires; (j) the sale and use of firecrackers and other fireworks, the use of rifles, guns, and other firearms, and the use of bows and arrows and other devices; (k) wild and domestic animals and activities in relation to them, including by -laws differentiating on the basis of sex, breed, size or weight; (1) public utilities; (m) local transportation systems; (n) businesses, business activities and persons engaged in business; (n.1) the establishment of a program of property tax credits to encourage and assist in the renovation of buildings that have been designated as municipal heritage sites under The Heritage Resources Act; (o) the enforcement of by -laws. Exercising by -law- making powers http://www.canlil.org/mb/laws/sta/m-225/20040305/` 2.html 9/16/2008 Municipal Act - 12J - 249 Page 2 of 2 232(2) Without limiting the generality of subsection (1), a council may in a by -law passed under this Division (a) regulate or prohibit; (b) adopt by reference in whole or in part, with any changes the council considers necessary or advisable, a code or standard made or recommended by the Government of Canada or a province or a recognized technical or professional organization, and require compliance with the code or standard; (c) deal with any development, activity, industry, business, or thing in different ways, or divide any of them into classes and deal with each class in different ways; (d) establish fees or other charges for services, activities or things provided or done by the municipality or for the use of property under the ownership, direction, management or control of the municipality; (e) subject to the regulations, provide for a system of licences, permits or approvals, including any or all of the following: (i) establishing fees, and terms for payment of fees, for inspections, licences, permits and approvals, including fees related to recovering the costs of regulation, (ii) establishing fees for licences, permits and approvals that are higher for persons or businesses who do not reside or maintain a place of business in the municipality, (iii) prohibiting a development, activity, industry, business or thing until a licence, permit or approval is granted, (iv) providing that terms and conditions may be imposed on any licence, permit or approval, and providing for the nature of the terms and conditions and who may impose them, (v) providing for the duration of licences, permits and approvals and their suspension or class = "hi "> class = "hi "> class = "hi "> class = "hi "> class = "hi "> class = "hi "> class= "hi " >class= "hi " >cancellatio n or any other remedy, including undertaking remedial action, and charging and class = "hi " > class= "hi " >collecting the costs of such class = "hi "> class= "hi "> class= "hi "> class = "hi "> class = "hi "> class = "hi "> class = "hi "> class= "hi " >class = "hi "> action, for failure to pay a fee or to comply with a term or condition or with the by -law or for any other reason specified in the by -law, and (vi) providing for the posting of a bond or other security to ensure compliance with a term or condition; (f) except where a right of appeal is already provided in this or any other Act, provide for an appeal and the body that is to decide the appeal, and related matters; (g) require persons who do not reside or have a place of business in the municipality to report to the municipal office before conducting business in the municipality; and (h) require pawnbrokers to report all transactions by pawn or purchase to the head of council or to the police. S.M. 2001, c. 30, s. 5. http: / /www.canlii.org /mb /laws /sta/1n- 225/20040305/partlhtml 9/16/2008 i1:�L REPORT TO COMMON COUNCIL M & C — 2011 -54 March 22, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Common Council: SUBJECT: Communications Strategy Update PURPOSE 7 The City of Saint Job At the January 25 meeting of Common Council, Council directed the City Manager to present a brief report highlighting the key components of the City's communications strategy at an upcoming meeting. BACKGROUND On February 13, 2006, Common Council adopted the following resolution: "RESOLVED that Common Council approve the addition of a project under the Vision 2015 Program to deal with the development of Corporate Communications; and that an Individual or Communications Firm be engaged to oversee this Project on a term basis with the initial term being for two years with an option to renew for an extended period if the project warrants. " After an extensive RFP process, MT &L was engaged to conduct a communications audit and provide development support. On December of 2007, Council approved funds to establish a permanent Communications Department reporting to the City Manager. 118 M &C- 2011 -054 In April of 2008, a Communications Manager and a Communications Officer were hired. In 2009 a third position, Communications Assistant, was added. The department has continued to build on the work established by MT &L and to enhance services where needed. In addition to day -to -day departmental support the role of the Communications Department has continued to expand and communications staff have recently implemented or contributed to several large projects including: • InSight magazine - distributed three times a year and designed to improve communications with residents and businesses in the city. InSight was developed using data provided in the Ipsos Reid survey about how our citizens would like to receive information, and what they would like to know about. • The department played a key role in the development and implementation of the City's new Website, and is currently working with the Department of Corporate Planning to develop a governance structure. • Engage - a newsletter for employees produced six times a year to improve internal communications. • The department provides all communications to EMO during emergencies. The crisis communications plan will be redeveloped in 2011 as part of an overall review, • The department was responsible for the coordination of the 2010 Ward Meetings. The department is currently planning more meetings, including the possibility of adding an online component. Through the 2011 budget process the City Manager advised that the City's internal and external communications plans will need to be updated to reflect changes in the organization and to include the use of social media. Identified as a departmental priority, the updates will include: "a three year internal and external plan. The plan will attempt to incorporate and streamline operational and strategic functions of the department. Plan will include media (traditional and social), public relations, advertising, design standards and "brand" refinement (signage, collateral, sponsorships and refined logo standards) ". OTHER ITEMS AS NOTED IN THE MOTION Estimates of adoption (across all demographics) are that between five and ten percent of the local population uses Twitter. Since 2009 the City has been using Twitter as an information tool in a very limited manner. When articles are posted to various sections of the City website they are automatically pushed to Twitter ( @cityofsaintjohn) and Facebook (cityofsaintjohn). The use of social media can have significant implications (resources, legal, technical, customer service) on an organization. Communications will be working with various other departments (Clerk's Office, Legal, IT) to develop a Social Media Policy. 119 M &C- 2011 -054 The City continues to use traditional methods to deliver information, in particular those identified in the Ipsos Reid Citizen Survey. The department supports initiatives from Agencies, Boards and Commissions where possible. The Organizational Re- alignment will further serve to enhance communications between the Council and the various organizations by aligning the work of specific agencies with individual program areas. Common Council also has an ongoing opportunity to consult with its representatives on the various agencies to ensure open and effective communication. Information about community events is provided through staff in the Mayor's Office and, on occasion, the Clerk's Office to the members of Common Council on a regular basis. Given the variety of community events and the coordination and scheduling requirements involved these services should continue to be provided by the Mayor's office. A separate report will be provided by the City Manager providing Council with information on all prospective projects that are currently underway in the organization. Recommendation That this report be received and filed. Respectfully submitted, Nancy Moar Manager, Communications trick Woods, CGA t anager 120 IR, Communication with Citizens This section of the report provides information relative to residents needs and wants in terms of information they would like to receive about the City of Saint John. When asked to indicate on a personal level what the main source for receiving information from the City of Saint John is, the most common response received were newspaper articles, followed by radio and then television. The sources were consistent with the survey results in 2009. As illustrated there were a variety of information sources where residents currently receive information about the City of Saint John. Older residents, homeowners, those who pay taxes, higher income residents and those with lower and higher levels of education tend to report newspaper articles as their main source of information about the City. While younger residents continue to rely on a broader variety of Newspaper articles 39% Radio 25% TV/ Television _ 12% Website /Internet —10% Direct Mail/Billing Inserts ■ 5% Word of mouth ■ 5% News (TV news) ■ 6% Information Flyers , 3% Council (meetings on TV) , 3% Public Meetings t 2% Othe r ' 2% information sources they were much more likely than others to utilize the City's website for information about the City. Residents remain divided as to whether they receive too little or just the right amount of information from the City of Saint John. This is very similar to results in 2009, with approximately half indicating they do not receive enough and the other half indicating they receive just COMMUNICATION enough. What is clear, CURRENT however is that residents overall, regardless of ward or demographic sub- group do not believe a they are being 51 /0 46% inundated with information from the City of Saint John. Too much Too Little Just the Right Amount Fall 2010 Citizen Survey — City of Saint John 29 © 2010 Ipsos Reid. All rights reserved. Contains Ipsos' Confidential and Proprietary information and may not be disclosed or reproduced without the prior written consent of Ipsos. 121 N When asked to think about their community information needs, residents suggested the following types of information about the City of Saint John would be of value and interest to them: Information needs appear to vary somewhat among residents. For example, while financial information is most requested among tax payers (and home owners) as well as those in the middle -aged group of residents, younger residents and newer city residents are more interested in receiving information about events, recreation programs and activities in the community than any other type of information. Fall 2010 Citizen Survey — City of Saint John 30 © 2010 Ipsos Reid. All rights reserved. Contains Ipsos' Confidential and Proprietary information and may not be disclosed or reproduced without the prior written consent of Ipsos. 122 11• 1 1 Key • • -• • :1 :11 Financial information/ disclosure (tax issues, budget, pension)_ _ 20 % 13% Planning and development (Police station) 17% 8% Openness with city council/ decision making process/ honesty 16% 10% �12% More/ any information (general) 8% IInfrastructure/ road/ maintenance issues (snow removal, 11% 8% parking) IEvents/ recreation/ programs (current, community) 11% 12 % Water/ sewer information (quality) 5% 7% Information needs appear to vary somewhat among residents. For example, while financial information is most requested among tax payers (and home owners) as well as those in the middle -aged group of residents, younger residents and newer city residents are more interested in receiving information about events, recreation programs and activities in the community than any other type of information. Fall 2010 Citizen Survey — City of Saint John 30 © 2010 Ipsos Reid. All rights reserved. Contains Ipsos' Confidential and Proprietary information and may not be disclosed or reproduced without the prior written consent of Ipsos. 122 Ilpsos Saint John insight Magazine Throughout 2010, The City of Saint John published and distributed three editions of Saint John Insight Magazine. In an effort to explore residents' exposure to Saint John Insight, citizens were asked if they recalled receiving the booklet or magazine called Saint John Insight in the past year. Recall of the magazine was quite high with six -in -ten citizens recalling having received the magazine within the past year. While residents in all wards and across demographic subgroups had a high level of recall receiving the magazine, older residents, residents that pay taxes and residents who own their homes were more likely than others to recall reading or seeing the magazine in the past year. Among those residents who recalled the magazine, Saint John Insight, perceptions of the magazine were generally positive, with 65% giving it a positive rating overall (excellent, very good or good). Very few residents were of the opinion Saint John Insight Magazine was a poor source of information about The City of Saint John. Excellent ND, 4t % YES ft (UNPROMPTED), Very Good 56% YES (PROMPTED), 3% Fall 2010 Citizen Survey — City of Saint John Good Only Fair Poor 32% 31 © 2010 Ipsos Reid. All rights reserved. Contains Ipsos' Confidential and Proprietary information and may not be disclosed or reproduced without the prior written consent of Ipsos. 123 REPORT TO COMMON COUNCIL M &C- 2011 -57 March 25, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Province of New Brunswick Wetlands Conservation Policy Changes INTRODUCTION: City of Saint John Common Council is no doubt aware that the Province of New Brunswick has recently made changes to the way it administers wetlands. Environment Minister Margaret -Ann Blaney completed a province -wide listening tour a few weeks ago and she announced both short term and long term strategies to improve wetland management. DISCUSSION: The City of Saint John has played a very active role in seeking changes to the Province's wetlands conservation policy. Significant problems with the policy; particularly as it applies to development in New Brunswick's urban areas; have been apparent for a number of years. Staff from the Planning and Development Department as well as the Municipal Operations and Engineering Department invested more than two years in meeting with staff of the New Brunswick Department of the Environment as well as working through the New Brunswick Association of Planning Directors and a working group of the planning directors of the province's large urban areas. City staff also established working relationships with affiliated professions in the public and private sector to advance the City's concerns. The City's work to secure changes to the provincial policy culminated with the attached letter sent by the Mayor to Minister Blaney during her listening tour. On Friday March 18, 2011, Minister Blaney announced significant changes. The short term strategy will increase certainty with respect to the location of significant wetlands and will clarify what can and cannot be developed on properties impacted by wetlands. Staff view the Minister's short term strategy as 124 M & C-2011-57 - 2 - March 28, 2011 a very positive step but the extent to which it resolves the many issues with the Policy will depend in large measure on how staff within the New Brunswick Department of Environment implement these changes. Staff are now trying to work through these challenges given that the 2011 building season is almost upon us. Of more importance to the City is the long term strategy announced by Minister Blaney. The Province finally seems to acknowledge that comprehensive policies respecting sustainable development are needed that holistically look at what kind of New Brunswick we want in the future from an environmental, social, and economic perspective. The Province has committed to work with stakeholders to develop this much broader policy approach. The long term strategy announced by the Minister is consistent with the position advanced by the City of Saint John in the letter from the Mayor. The City advanced the position that the problems with the Wetlands Conservation Policy are a symptom of major shortcomings in New Brunswick's land use and environmental planning policy. Significant changes are needed to the land use planning system in the Province including the modernization and rewriting of the Community Planning Act. The Province also needs to pursue the development of provincial land use planning policies that balance our absolute need for a healthy environment with the necessity of creating successful and sustainable urban and rural communities and economies. In staff's view, the City of Saint John needs to continue to advocate for the development of a balanced and effective long -term strategy. The City should express a willingness to actively participate in these discussions. RECOMMENDATION: It is recommended that this report be received and filed. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Attachments: J. Patrick Woods, C.G.A. City Manager 1. Letter from Mayor Court to Minister Blaney Respecting the NB Wetlands Conservation Policy; and 2. News Release from NB Environment respecting changes to the Wetlands Conservation Policy 125 March 7, 2011 Honourable Margaret -Ann Blaney Minister of Environment Province of New Brunswick PO Box 6000 Fredericton, NB E313 5H1 Dear Minister Blaney: Rea New Brunswick Wetlands Conservation Policy The City of Saint John commends you for investing a significant amount of time into listening to the views of New Brunswickers on the challenges associated with the New Brunswick Wetlands Conservation Policy. The messages conveyed by our citizens at the meeting at the Lily Lake Pavilion in Saint John were clear and underscored the concerns that have been expressed directly to you by elected municipal officials and by the professional staff of the Province's municipalities. The City takes the position that there are significant problems with the Wetlands Policy that require swift and appropriate action from the Government of New Brunswick. City of Saint John staff have worked with your staff inside the Department of Environment for more than 3 years in an effort to communicate our concerns. Clearly, the City of Saint John shares the Province's objective of ensuring that we all benefit from a healthy environment that includes protected wetlands but surely we must also agree that we need coordinated government policy that builds a dynamic and sustainable provincial economy as well. The City of Saint John is of the view that the public concern over the Wetlands Conservation Policy is a symptom of more significant shortcomings with New Brunswick environmental and land use planning policy. The Province of New Brunswick has not placed an appropriate amount of emphasis on the importance of land use planning and the vital connections between planning, human settlement, and the natural environment. The Province has commissioned many reports over the past number of decades pointing to the critical need for coordinated provincial land use policies. Unfortunately, these reports sit unimplemented on shelves in government offices. Instead, the Province invested considerable resources into implementing a wetlands policy in isolation from the various other environmental, social, and economic factors that must be considered when creating land use planning and environmental policy. DINT JOIN E' O. Box 1971 Saint John, NB Canada E2L "I �d www.saintjohn.ca I C.P. 1971 Saint john, N. -B. Canada E2L 411 M The City is pleased with your emphasis on trying to find a solution that will work for New Brunswick. You specifically asked for suggestions and recommendations on how to move forward from where we are today with this problematic Policy. In that spirit, the City offers the following recommendations to you: 1. The Province of New Brunswick should immediately suspend the implementation of the New Brunswick Wetlands Conservation Policy except that all protective measures intended to protect the 4% of New Brunswick's land identified as wetland in the 2002 Policy should remain in place. 2. The Province should immediately commit to the preparation and adoption of comprehensive provincial land use policies that balance environmental considerations with those that seek to develop sustainable human settlement and a successful provincial economy. 3. The Province should immediately appoint a professional land use planner as the Provincial Planning Director. 4. The Provincial Planning Director should be given the resources and authority necessary to engage in a conversation with New Brunswickers, other government departments, municipalities, and interested stakeholder groups to develop those comprehensive provincial land use planning policies based on all of the pillars of sustainable development. 5. The Government must acknowledge that: a. Building a successful province requires strong provincial policy that encourages the development of strong and successful urban communities; b. Government policy must drive urban development to urban municipalities for the benefit of all; c. Clear provincial policy is necessary to provide clear direction to urban municipalities but significant autonomy must also be provided to municipal governments to choose how best to achieve the larger provincial objectives in a way that is appropriate for the individual community; and d. The future sustainability of this Province requires appropriate policy to encourage the sustainable growth and development of our agricultural, forestry, and other resource industries while broadly discouraging the fragmentation of our rural environment in the form of rural sprawl and ribbon development. 6. That the Province's comprehensive land use planning policies must include new policy for wetlands that: a. Protects significant wetlands and watercourses that perform a critical environmental function; b. Does not apply stringent rules to those wet areas that do not have significant environmental function and are subject to regulation only by virtue of the U.S. Army Corps of Engineer's classification system. c. Preferably, establishes a "Made in New Brunswick" wetlands classification system. d. Provides as much up front certainty as is possible to property owners so that they understand the permitted and prohibited uses for their land. e. Establishes a different regulatory approach to the conservation of wetlands in New Brunswick's urban environments recognizing that there are significant environmental and other societal benefits to dense urban development. f. Establishes a reasonable system of compensation when the societal benefits of a development or project justify an incursion into a regulated wet area. 7. The Province of New Brunswick pursue the modernization and rewriting of the Community Planning Act as a major priority in order to ensure that the Province and our municipalities have 127 -3- the tools necessary to maintain healthy environments and build strong and successful communities. The City of Saint John is optimistic that a process has been established to effect positive change with respect to the conservation of our wetlands but also toward the development of a more rational and comprehensive land use planning system in the Province of New Brunswick. As always, City staff and elected officials are prepared to work with you to achieve excellent results for our citizens. Sincerely Yours, Ivan Court Mayor City of Saint John 128 Environment Response to wetland listening tour W March 18, 2011 FREDERICTON (CNB) — Short- and long -term strategies on wetland management were announced today by Environment Minister Margaret -Ann Blaney following her nine -date listening tour across the province. "The listening tour was successful and I thank everyone who attended our meetings to share their comments and suggestions," said Blaney. "Two thousand New Brunswickers participated which shows us how important the wetland issue is in our province. I heard a clear message and I am pleased to say we have listened and we are taking action." As of today, as part of the short -term strategy, the following wetland management changes will be implemented: ® the map with the predictive layer and the 50 -metre buffer zone which was launched on Jan. 1 will not be used. Instead, government will use known areas of wetland as mapped by the Department of Natural Resources; 0 the department will no longer require functional assessments or delineations. However, permits will be required for alterations in or within the 30 -metre buffer of a mapped wetland; 0 the compensation requirement for lost wetland habitat will be two to one; and ® current land uses in provincially significant wetlands (PSWs) will be allowed to continue and only limited new development in PSWs will be permitted next year. "During the listening tour we received many offers from stakeholders to sit down with government to come up with a common -sense approach on wetlands," said Blaney. "I am pleased to announce that the provincial government will launch a wetland stakeholder engagement initiative on the future of wetland management in New Brunswick as part of the long -term strategy." The initiative, which will be developed in collaboration with the Citizen Engagement Unit, will bring together key stakeholders to prepare recommendations by the end of the year on the best way to protect wetlands in the province. "New Brunswickers understand the importance of protecting and promoting wetlands," said Blaney. "I invite all organizations interested in being part of this engagement initiative to communicate with the Department of Environment. "I believe it is possible to find a balance between promoting the environment and fostering the economic development our province needs, especially during this time of financial crisis," she said. "This is a difficult task but it is necessary to ensure our province remains a place where people can live, work and raise a healthy family." LINK: 129 Department of Environment: www.gnb.ca /environment IT-RUM MEDIA CONTACT: Jennifer Graham, communications, Department of Environment, 506 - 453 -3700. 130 REPORT TO COMMON COUNCIL M &C- 2011 -51 March 24, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Sandy Point Road Planning Study BACKGROUND: Common Council resolved the following at its meeting on February 14, 2011: City of Saint John "RESOLVED that the City Manager be directed to submit a report to Council which outlines the actions necessary to include all City owned property located south and east of Sandy Point Road as part of Rockwood Park, to initiate the necessary amendments to the Municipal Plan and Zoning By -Law to designate and zone these lands for park purposes only, and to appropriately revise Common Council's position with respect to the approved concept plan included as part of the Sandy Point Road Planning Study by adopting only those recommendations that deal with improving access to the lands within Rockwood Park. " Council also referred the following items at their meeting on February 28, 2011: • Letter dated February 2, 2011 from the Sandy Point Road Neighbourhood Group (SPRNG) (Item 3.5); • Letter dated February 10, 2011 from Friends of Rockwood Park (FORP) (Item 3.6); • Additional letter dated February 17, 2011, also from SPRNG (Item 15.1); and • Letter dated February 23, 2011 from the Honourable Minister Trevor Holder, MLA (Item 5.5). The following matters are a summary of the issues identified in the Common Council resolution as well as those issues advanced in the letters received by Council and referred to Staff: 1. The Boundary of Rockwood Park 2. Municipal Planning Designations 3. Status of Proposed Changes /Concept Plan 4. Items identified in the Letters referred by Council 131 M &C- 2011 -51 -2- March 24, 2011 DISCUSSION: 1. The Boundary of Rockwood Park Common Council has requested that all city -owned lands south and east of Sandy Point Road be included within formal boundaries that define Rockwood Park. To implement this, Staff has prepared a revised version of the map from the previous Council Report to reflect this request. Figure 1 reflects the most recent direction provided by Council. Key points to note: • All land owned by the City in the subject area is included within a proposed boundary for Rockwood Park. • The proposed boundary is generally placed at the edge of the Road right -of -way or at boundaries with private property. 2. Municipal Planning Designations A number of amendments to the current Municipal Plan and Zoning By -law are necessary to include all City -owned land south and east of Sandy Point Road in Rockwood Park. All City -owned land in this area that is not currently designated Open Space needs to be re- designated to Open Space. It would therefore be appropriate for Council to initiate the amendments to the Municipal Plan to implement this. Alongside the Municipal Plan amendments, the Zoning By -law will need to be updated at this time. There are two different options for Common Council to consider: 1. Only re- designate City -owned land from "R -IA " One Family Residential to the existing "P " Park zone. The Zoning By -law already includes a "P" Park zone, which is used to designate most parklands in the City. It permits park and recreation uses, along -side single - family residential uses. 2. Re- designate City -owned land from "R -IA " One Family Residential to a new zone, "P -2" Park zone. This new zone will be the same as the "P" Park zone except it would exclude residential uses and spatial requirements associated with those residential uses. All other aspects of the `P -2 " Park zone could remain the same as the existing "P" Park zone. Given Council's intended purpose with the zoning, it would be appropriate to move forward with Option 2. The second option would exclude non -park related uses from the subject lands. Revised versions of Figure 3 & 4 have also been provided with this Report, and the appropriate resolution is provided at the end of this Report to initiate the process for the recommended designation changes. 3. Status of Proposed Changes /Concept Plan At Council's request, Staff is bringing forward a revised version of the Proposed Changes /Concept Plan (Figure 2) for the Sandy Point Road Planning Area that includes only those matters which relate to improving access to and along the Park, in accordance with Council's resolution dated January 31, 2011. It would be appropriate for Council to 132 M & C — 2011— 51 - 3 - March 24, 2011 rescind the previously approved plan shown in Figure 2 (Proposed Changes), and instead adopt in principle the revised Figure 2 (Concept Plan) and refer it to the City Manager. It should be noted that as there will not be any revenue streams from development to deliver the infrastructure improvements, the proposals in Figure 2 should be viewed as long -term objectives and improvements and will need to take place when the necessary resources are available. Items identified in the Letters referred by Council Regarding the boundary of the Park, Council's resolution of January 31St, 2011 and Figure 1 attached to Item #1 are considered to address this matter. FORP's request regarding lands outside of the Study Area should not be considered at this time as: • This would have significant implications on the use and enjoyment of the private properties; • Lands are outside of the study area have not been the subject to any public consultation; • Staff has not undertaken any research or technical analysis respecting the appropriateness of including these privately -held lands in the Park. The property located at 1671 Sandy Point Road (often publically referred to as the Harrigan Lake property) has already been subject to a separate Council resolution. A response is being prepared by Municipal Operations and Engineering. Citizens and members of Common Council have suggested that clearly defined boundaries for Rockwood Park be delineated. There are two methods to consider: 1. Seek a Provincial Statute 2. Adopt by Resolution Council is already pursuing Method #2 above through the recommendations contained in this report. At Minister Trevor Holder's invitation, Staff will be meeting officials of the Provincial Heritage Branch following the conclusion of the study. COMPLIANCE WITH ADOPTED GROWTH STRATEGY Council has recently adopted the Growth Strategy for the City and requested that all future development proposals be reviewed against the Strategy to confirm compliance. As such, Staff has provided the following analysis of the above proposals. The Growth Strategy identifies the Study Area as being part of the `Natural Areas', and all of the land is located on the edge of the Primary Development Area. These lands are intentionally meant to remain primarily undeveloped, such as being used for municipally - owned or privately -held parks, recreational facilities, conservation/natural areas, parts of the open space network or being rural in nature. The proposed changes to the Municipal Plan and Zoning By -law are considered by Staff to be compliant in this respect. In terms of investment, whilst it is recognised that most new investment will take place in improving local recreation facilities in identified opportunity areas, and the Study Area is 133 M &C- 2011 -51 -4- March 24, 2011 not located within an opportunity area, Rockwood Park will likely be identified as a regional asset in the new Municipal Plan and there is likely to be more investment in the Park in the future. Staff concludes that the recommendations set out below are broadly consistent with the adopted Growth Strategy. FINANCIAL CONSIDERATIONS The proposed recommendations have significant financial implications. The approach being pursued by Common Council includes that continued pursuit of all of the recreational improvements recommended for Rockwood Park and the significant costs associated with those improvements without any of the sources of revenue that would have been generated by the originally recommended development opportunities. In addition, the ability for the City to recover its significant investment in municipal water and sewer services in the Sandy Point Road will not be achieved unless Common Council chooses to pursue a significant increase to the lot levy for new development in this area (which was originally calculated based on future development on both sides of Sandy Point Road). STAFF RECOMMENDATIONS: Common Council would need to proceed with the following actions in order to move forward with the Common Council resolutions on February 14 and 28, 2011: 1. That Common Council rescind the proposals adopted in Recommendations #1, #2 and #3, and Figures 1 and 2 of the Council Report M & C — 2010 — 138 (dated November 18, 2010). 2. That the northwest boundary of Rockwood Park along Sandy Point Road be established as shown in the attached Figure 1. 3. That Common Council authorise Staff to initiate the process with respect to the following proposed Amendments to the Municipal Development Plan and Zoning By- law: a. That Common Council consider an amendment to the Zoning By -law to create a new zoning category to be known as `P -2" Park zone. b. That Common Council initiate an amendment of (1) the Municipal Development Plan from Low Density Residential to Open Space, and (2) the Zoning By -law from "R -IA" One Family Residential to "P -2" Park as shown on the attached maps (Figures 3 & 4), being portions of PID numbers 00052548, 00418129, 55059026, 55059034 and 55196380. c. That Common Council initiate an amendment of (1) the Municipal Development Plan from Low Density Residential to Open Space, and (2) the Zoning By -law from "RS -2" One and Two Family Suburban Residential to "P -2 " Park as shown on the attached maps (Figures 3 & 4), being portions of PID numbers 00052548. 134 M &C- 2011 -51 -5- March 24, 2011 4. That Common Council adopt in principle the Concept Plan as shown in the attached Figure 2, and refer these to the City Manager for future implementation. 5. That Common Council resolves that except for the Municipal Plan and Zoning By- law amendments initiated above, the Sandy Point Road Planning Study is now complete. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager NG 135 Figure 1: Proposed Park Boundaries r� r Zoo r Ferry Terminal Existing private lots — unchanged. The City should ac q uire in-holdings for incorporation into the Park if they became available. Boundaries should be revised once acquired. Proposed boundary of Rockwood Park Follows road right -of -way or boundaries of private lots. Golf t.. Course 9i I� UNBSJ Sites A, C & E: To be added to the Park following acquisition by City, Regional _' should they ever become available Hospital Site B: To be added to Park. rw a Crescent Valley M _►�r�a_L Figure Proposed Concept Regional Hospital i )� H 3 M x` NW \ Y N Golf Course .: A`' I O O [New] Sites N: Acquisition of private lots to secure Rockwood Park boundary along Road, as and when these become available. Site M: Re- designed public parking; public conveniences; trailhead & commercial recreation pavilion (e.g. ice cream, ski or bike shop, like Lily Lake). Multi -Use Trail: New fully accessible multi -use trail from Site M to Site H, shown as Red Line (illustrative route). Site L: Public parking; trailhead; and trail to link with any trail on opposite side of Sandy Point Road.* Site K: Multi -use trail; alternative location for proposals at Site J. Site J: Public parking; trailhead and stairwell to access golf course hills during winter months, subject to relocation of maintenance shed. Site I: Public viewpoint; and parking area, subject to relocation of Hole 18. Site H: Restructured entrance to driving range; public parking; short- length trail & public viewpoint. 77, UNBSJ/Hospital Link: Investigate active transportation link between Sandy Point Road & UNBSJ/Hospital. Sites D: New gateway features. Sites A, C & E: To be added to the Park following acquisition by City, should they ever become available. Site B: Added to Rockwood Park. Crescent Valley Link: Investigate active transportation link between Crescent Valley and Rockwood Park. Note: Recommendations for Site L subject to further I resolutions of Council. .III Qvoo'QSa�� • designations: From Low Density Residential to Open Space. Private Lots — unchanged, unless I WAY 2s, Municipal Plan ' I From Density Residential to Open Space. Crescent Valley � y 0 w i __• �\ �' " ; " �' / \ Zoning Re- designation: From "R -1A" One Family Residential to "P -2" Park. F � ) REPORT TO COMMON COUNCIL M &C- 2011 -63 March 25, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Saint John Port Authority 2011 Land Use Plan INTRODUCTION: 1 City of Saint John In March 22, 2011, the Saint John Port Authority invoked a 60 day review period for its draft land use plan. Interested parties have been invited to submit written comments to the Authority during the review period. A copy of the Port Authority's draft plan has been appended for Council's information. DISCUSSION: The Port's land use plan is a very important document. It sets out the Authority's land use policies as well as the intended future use of lands that are part of the Port. It also identifies lands of interest to the Port for future expansion. Given that the Port is generally located in the heart of the urban core, the future use of Port lands is of significant interest to the community at large. The community benefits significantly from an active Port that is generating and facilitating economic activity for Greater Saint John as well as the entire province. These marine and economic interests, however, must be balanced against the need for the City to create desirable places to live and work. The neighbourhoods closest to the Port have historically been expected to accept a range of negative impacts that make it very difficult for those areas to attract growth and development and makes it difficult for the City to provide a high quality living environment for residents. 140 M & C-2011-63 - 2 - March 28, 2011 The City of Saint John must provide a comprehensive and coordinated response to the Saint John Port Authority as it concludes its planning process. The City is well prepared to provide its input to the Authority given all of the work that the City has already completed as part of Plan SJ. The Plan SJ process has involved a large amount of public engagement and the residents of Saint John have clearly articulated its views on the preferred future for the community's waterfront. It should also, by virtue of it being a plan for the entire city, be a more comprehensive planning exercise than the effort to create the new Port plan. In staff's view, it is reasonable for the City to expect that the Port Plan will clearly incorporate those elements of Plan SJ that do not run against the Authority's mandate to protect Canada's marine transportation and trade interests. It is recommended that the Planning and Development Department be tasked with coordinating the preparation of the City's formal response to the Port's draft plan. It is suggested that the following process be followed to ensure that a timely and comprehensive response is provided: 1. The Planning and Development Department be tasked with providing a review of the Port's draft plan and providing an analysis and comments. 2. The draft Saint John Port Authority Land Use Plan be referred to the Planning Advisory Committee for review and comment. 3. The Port plan be referred to the Plan SJ Citizen's Advisory Committee for review and comment. 4. The plan be referred to the Plan SJ Staff Steering Committee (the City's senior staff team) for review and comment. 5. The Planning and Development Department facilitate these referrals to other bodies and be tasked with a drafting a comprehensive written response on behalf of Common Council. 6. That Common Council: • Provide its input on the Port Plan; • Direct Planning staff to incorporate Council's comments into the City's response; • Accept the City's written response to the Port Authority's request for comments by resolution; and • That the Mayor be directed to send a letter to the Port Authority with the official comments of the City of Saint John respecting the draft Saint John Port Authority 2011 Land Use Plan. RECOMMENDATION: It is recommended that Common Council direct the City Manager to task the Planning and Development Department with the responsibility to coordinate the City's formal written response to the Saint John Port Authority 2011 Land Use Plan. 141 M & C-2011-63 - 3 - March 28, 2011 Further, it is recommended that Common Council: Refer the Saint John Port Authority 2011 Land Use Plan to the Planning Advisory Committee, the Plan SJ Citizen's Advisory Committee and the Plan SJ Staff Steering Committee for review and comment. Direct the Planning and Development Department to draft a written response on behalf of the City of Saint John and forward this draft response to a future meeting of Committee of the Whole for discussion and review. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager Attachment: 1. Draft Saint John Port Authority 2011 Land Use Plan 142 •�„ _�-- 1 ~ � :i rte_ �' •k'�`+' � "� ne ` •... VL y AS J _ • � _ ��_ VLYi1' .�� lei _ First D RT SAINT JOHN March 18th, 2011 w� ti This plan was prepared by ADI Limited for the account of the Saint John Port Authority. Any use which a third party makes of this report, or any reliance on or decisions to be made based on it, are the responsibility of such third parties. ADI Limited and the Saint John Port Authority accepts no responsibility for damages, if any, suffered by any third party as a result of decisions made or actions based on this project. This report has been prepared by ADI Limited, Saint John, New Brunswick March 18, 2011 AL �vu ADI Limited A Trow Global Company 144 Table of Contents 145 Foreword 1 1.0 The Port of Saint John 2 1.1 The Port 2 Description of Characteristics 2 Harbour Limits 2 SaintJohn PortAuthority Facilities 4 SaintJohn PortAuthority Water Lots 4 1.2 Saint John Port Authority 5 Governing Legislation and Mandate 5 Environmental Considerations 6 Marine Security 6 Legislative Framework for the Land Use Plan 7 Purpose of the Land Use Plan 7 1.3 Port Planning Context 7 1.4 SJPA Land Use Policy 8 Land Management 8 Land Use Plan Process 8 Stakeholder Consultation 8 Public Review Period 9 2.0 Business Environment 10 Petroleum Products & LNG 10 Potash & Salt 10 Other Bulk 11 Containers 11 Break Bulk Cargo & Forest Products 11 Passenger and Cruise Ship Traffic 11 Other Activities 12 Business Environment Summary 12 Port Economic Impact 12 3.0 Port Facilities 13 Upper West Side 14 Lower West Side 15 Inner Harbour 17 Courtenay Bay 18 Road and Rail Access 19 4.0 Community Interface 24 Municipal Plan & Zoning 24 Saint John Inner Harbour Land Use Plan 24 Port /Public Interface 25 5.0 Land Use Policy Directions 26 General Land Use 26 Cargo Sectors 26 Cruise Sector 26 Marine Service and Marine Uses 26 Port Land Buffers 27 145 Port /Public Waterfront Interface 27 6.0 Planning Areas & Future Land Use Designations 29 Upper West Side (Navy Island - Rodney Terminal) 29 Lower West Side (Piers 10, 11, 12) 33 Long Wharf Main Harbour 34 Marco Polo Cruise Terminal, Pugsley C Terminal Revision No.: 1 & Pugsley Parking Lot 35 Lower Cove Terminal 35 Barrack Point Potash Terminal at Courtenay Bay 37 Lands of Interest 37 Areas for Possible Expansion 37 General Land Use Directions 38 7.0 Implementation 39 Project Review Process 39 Monitoring the Plan 39 Implementation Strategy 39 8.0 Summary 40 Glossary Appendix A: Canada Marine Act Appendix B: Saint John Port Authority Letters Patent Appendix C: SJPA Facilities Plan Appendix D: SJPA Land Use Factors & Guidelines Appendix E: Stakeholder Input Appendix F: Historical Background of the Port of Saint John List of Maps Map 1: SaintJohn PortAuthority Harbour Limits 3 Map 2: SaintJohn PortAuthority Transportation Access 20 Map 3: Public Park Lands & Waterfront Access 28 Map 4: Saint John Port Land Use Plan 31 146 ADI Quality System Checks Project No.: L06510771 Date: March 16, 2011 Issue Status: Final Draft Revision No.: 1 Prepared By: Ai7r Elizabeth DeLulsa Reviewed By: Brian L. White, Map 146 Foreword In keeping with the legislative requirements of the Canada Marine Act, the Saint John Port Authority (herein after referred to as the SJPA) developed and released its first Land Use Plan in 2000, which outlined its land holdings and their uses and identified future requirements necessary to allow the Port Authority to meet its mandate as a national port in support- ing Canada's domestic and international waterborne trade. Since then, there have been a number of significant changes in the Port of Saint John's (the Port) land use, cargo mix and volumes and the emergence of cruise as a major marine business sector for the Port. Given these factors, the Port Authority has determined this to be an opportune time to re- assess its land use requirements and revise its Land Use Plan. As it did previously, the Port Authority consulted with its stakeholders, business leaders and the community and held public meetings to gain their views and input into the Plan. The initiative was also considered timely as the City of Saint John was preparing a new Municipal Plan to be released in 2012. As a result, this revised Land Use Plan will outline the present and future needs of the Port and the projected land use requirements. The Port of Saint John First Draft 147 1.0 The Port of Saint John 1.1 The Port Description and Characteristics Located on the Bay of Fundy at the mouth of the St. John River, the Port of Saint John is a recognized port of national significance and one of Canada's marine gateways for domestic and international trade and tourism. It has a wide range of facilities to handle all types of cargo and is essential to some of the Province's major industries. Its diversified operations cross six business sectors: liquid bulk, dry bulk, break bulk, containers, cruise and indirect marine - related activities. The SJPA hasjurisdiction over the navigable water contained within the Harbour Limits (See Map 1). However its land holdings are contained within the Inner Harbour (See Fig. 1). Harbour Limits The legally defined portion of the Saint John Harbour under the jurisdiction of the SJPA was established by PC 1977 - 2115, 21 July 1977. The southerly limit runs due east from Musquash Harbour to south of Cape Spencer. The northerly limit is at Randolph, near Dominion Park. The Port experiences some of the highest tides in the world with tidal ranges fluctuating between 6.0 to 8.5 metres. The combination of these tides and the outflow of the St. John River result in strong currents flowing though the harbour which complicates the movement of shipping in and out of the harbor for the marine pilots. Pilotage in the Port is compulsory and managed by the Atlantic Pilotage Authority. Figure 1: Property Under the Management & Control of the SJPA Saint John Port Source: Saint John Port Authority Website (www.sjport.com) Saint John Port Authority 2011 Land Use Plan .• 1 i i )ORT + >..�.� low, OOOOL£L 00099£L 00009£L 00099CL 0000000000S£L The Harbour consists of three key areas: A. The Outer Harbour The portion of the Bay of Fundy between Partridge Island and a line running east from Musquash Harbour to due south of Cape Spencer. It contains the crude oil reception facility at Canaport, Mispec Point LNG Terminal and the Port's designated anchorages and pilot boarding station. B. The Main Harbour Located between the Central Peninsula and the West Side, it contains the majority of SJPA's facilities. The location of these facilities is listed below. The Canadian Coast Guard Base and a public waterfront area at Market Slip with hotel residential complexes, restaurants and public boat landing are located in the north -east corner of the Main Harbour. The former Lantic Sugar site lies immediately south of Lower Cove on the East side and is owned by the City of Saint John, with the wharf area being owned by the SJPA. Access is through the main navigation channel running north - west /south -east to the east of Partridge Island. The St. John River enters the Bay of Fundy through this main harbour. C. Courtenay Bay Lies east of the Central Peninsula and is accessed via Courtenay Bay navigation channel. The Irving Oil terminal, the Atlantic Wallboard manufacturing plant (previously Saint John Shipbuilding & Drydock) and Barrack Point Potash Terminal are located in Courtenay Bay. 4 Saint John Port Authority 2011 Land Use Plan Saint John Port Authority Facilities SJPA facilities and property consist of: West Side: Navy Island Forest Terminal Rodney Container Terminal Terminal 12 Lower West Side East Side: Long Wharf Marco Polo Cruise Terminal Pugsley C Lower Cove Wharf at the former Lantic Sugar Refinery Site Courtenay Bay: Barrack Point Potash Terminal Private Facilities: Canaport crude oil facility (Outer Harbour) Mispec Point LNG Terminal (Outer Harbour) Irving Oil Terminals (Courtenay Bay) Atlantic Wallboard Plant - previously Saint John Ship Building & Dry dock (Courtenay Bay) Bay Ferries Terminal (Lower West Side) Saint John Port Authority Water Lots The harbour bottom within Partridge Island and Courtenay Bay breakwaters up to the Reversing Falls Bridge is owned by the Federal Crown and managed by the SJPA and as such the Port Authority leases out individual water lots within this area. 150 1.2 Saint John Port Authority The SJPA is one of seventeen Canada Port Authorities established under the 1998 Canada Marine Act (Appendix A). Its mission is to facilitate maritime trade and maximize the use of Port assets by providing facilities, services and business development expertise for customers and stake- holders. In so doing, it will ensure a thriving long -term Port. Governing Legislation and Mandate The governing legislation for all port authorities is the Canada Marine Act that implemented the federal government's National Marine Policy and called for the modernization of the marine management and regulatory regime by introducing business disciplines to achieve greater efficiency in the marine transportation sector. It constituted and allowed for the establishment of Canada Port Authorities (CPA). In recognition of the significance of marine transportation to Canada and its contribution to the Canadian economy, the purpose of the Act is to: • Implement marine policies that provide Canada with needed marine infrastructure, offers effective support for the achievement of national, regional and local social and economic objectives and promotes and safe guards Canada's competitiveness and trade objectives; • Promote the success of ports for the purpose of contributing to the competitiveness, growth and prosperity of the Canadian economy; • Base the marine infrastructure and services on international practices and approaches that are consistent with those of Canada's trading partners in order to foster harmonization of standards among jurisdictions; • Ensure that marine transportation services are organized to satisfy the needs of users and are available at a reasonable cost; • Provide for a high level of safety and environmental protection; • Provide a high degree of autonomy for local or regional management of components of the system of services and facilities and be responsive to local needs and priorities; • Manage the marine infrastructure and services in a commercial manner that encourages and takes into account input from users and the community in which a port or harbour is located; Provide for the disposition, by transfer or otherwise, of certain ports and port facilities; and Promote coordination and integration of marine activities with surface and air transportation systems. Each Canada Port Authority is established by individual letters patent. Letters Patent issued on May 1, 1999, established the SJPA as a Canada Port Authority, a continuation from the Saint John Port Corporation. As part of its responsibility, the SJPA is charged with managing federal real property as described in its Letters Patent (Appendix B). The Port Authority operates as a financially self- sufficient agent of the Federal Crown. In general, port authorities or any subsidiaries cannot access federal government funds except in certain circumstances. Section 25 of the Act states that no payment can be made to a port authority or any subsidiary under an appropriation by Parliament to enable it to discharge an obligation or liability unless the payment: • Is made under the Emergencies Act or any other Act in respect of emergencies; • Is a contribution in respect of the capital costs of an infrastructure project; • Is a contribution in respect of environmental sustainability; or • Is a contribution in respect of security. Port authorities are required to pay an annual stipend based on their gross revenues to the Federal Minister of Transport for the use of Crown lands. They also make payments in lieu of taxes (PILTS) and their tenants pay property taxes. A Canada Port Authority manages the lands upon which it operates however it cannot pledge them for collateral. Furthermore, should a Port Authority wish to sell any of these lands, it would be required to declare the lands surplus to its needs and would not be permitted to retain the proceeds. Thus, the SJPA operates entirely from its own resources, deriving its revenues solely from port fees, leases and investment income all of which pay for operational expenses and contribute towards capital expansion projects under- taken. Profits are reinvested in the Port of Saint John First Draft 151 to ensure an efficient and competitive environment for Canada's domestic and international waterborne trade. The SJPA is also subject to other Federal legislation, the most relevant to land use being the Canadian Environmental Assessment Act and Regulations and the Marine Transportation Security Act and Regulations. Environmental Considerations All Canada Port Authorities are subject to the Canadian Environmental Assessment Act (CEAA) and its regulations and in particular the Canada Port Author- ity Environmental Assessment Regulations. Where a proponent other than the Port Authority wishes to carry out a project on port lands, the SJPA is the responsible authority for ensuring the appropriate environmental assessment is carried out for the project and for approving the assessment of the project. Where the SJPA is the proponent for a project, it would be required to meet the appropriate environmental assessment and require the approval of the Canadian Environmental Agency and other federal departments. class of physical activities that is prescribed pursuant to the regulations. The Canada Port Authority Environmental Assessment Regulations place the responsibility of overseeing the assessment on the SJPA, which when applicable would require the proponent to carry out any necessary studies or surveys (including seeking public comment where it is deemed warranted) that may be required to complete the assessment. In fulfilling its environmental responsibility, the SJPA works collaboratively in a multi- agency development review process to carefully control and evaluate the environmental impacts of the port's activities. This includes but is not limited to Environment Canada, Transport Canada, the Department of Fisheries and Oceans and the Canadian Environmental Assessment Agency. Applicable environmental legislation and best management practices are considered during SJPA's development review of new projects and as part of its overall stewardship responsibilities. Respecting that the environment is one of the SJPA's core values, it recognizes that quality of life and the environment are interrelated. The Port Authority's In general, the Act applies when a federal department Land Use Plan supports planning and development or agency exercises one or more of the following activities in cooperation with its tenants, operators, powers, duties or functions in relation to a project. An the municipality and other government agencies and EA under the Act is triggered when a Federal Authority regulators to improving the standards of is: environmental protection of the harbour. • The proponent of a project; • Proposing to sell, lease or otherwise transfer control or administration of land to enable a project to be carried out; • Contributing money or another form of financial assistance to the project; and • Exercising a regulatory duty in relation to the project by issuing a permit, license, authorization or approval that is included in the Law List Regulations. Under CEAA, a project is defined as: In relation to any physical work, any proposed construction, operation, modification, decommissioning, abandonment or other undertaking in relation to the physical work; or Any proposed physical activity not relating to a physical work that is prescribed or within a 6 Saint John Port Authority 2011 Land Use Plan In the interest of responsibly managing the resources under its jurisdiction, the SJPA endeavours to balance customer demands with those for sustainable development and competing demands for waterfront land use. Accordingly, the SJPA is committed to processes that enable it to meet this challenge proactively; a challenge made more difficult and the responsible management of which is made more essential, given that the Port of Saint John is bordered by some of the most desirable real estate in the City. Marine Security Marine security has become a high priority for all ports and the marine industry, not only in Canada but internationally. In considering its land use and the operation of its marine facilities, the Port Authority is required to follow the requirements of the Marine Transportation Act and Regulations, both of which are linked to the International Ships and Port Facility 152 Security Code established by the International Maritime Organization (IMO) following the events of 9/11. This requires strict access controls at port facilities and restricts access to those employed at facilities and those conducting business at the port. It includes registration of personnel, issuance of identification cards and in certain cases the provision of a Transport Canada Clearance. It is anticipated that security controls will continue to evolve given the ongoing perimeter security discussions between Canada and the United States. Legislative Framework for the Land Use Plan The Canada Marine Act, Section 48, requires that each Canadian Port Authority adopt a comprehensive Port Land Use Plan (Appendix A -4). The Saint John Land Use Plan must include the Port's land use objectives and policy directions under which it will make its development decisions. This Land Use Plan, therefore, fulfils these requirements for the SJPA. Purpose of the Land Use Plan The purpose of the Port Authority's Land Use Plan is to serve as a guiding document for the ongoing develop- ment and utilization of Port lands. The objectives of the Plan are to: • Communicate SJPA's long term land use policy directions and initiatives; • Illustrate the Port's ability to accommodate future growth in an economic, environmental and socially responsible manner; • Use policy directions to link optimal land utilization with future growth opportunities; • Identify the significance of the regional and national transportation networks to the ongoing and future success of the Port of Saint John; and • Help strengthen land use coordination between SJPA and neighbouring communities, other port stakeholders and governments. 1.3 The Port Planning Context The viability of Saint John's Port and its capability to generate economic activity depends on its ability to respond to local, national and global market opportunities and conditions. The SJPA Land Use Plan has been developed within this context and recognizes the challenging and competitive environment in which the Port of Saint John operates. The SJPA Land Use Plan acknowledges that: • The port is a major economic asset to the economy of the Province of New Brunswick and the Saint John Region; • SJPA is a self- financing port authority that operates in a highly competitive environment with other ports in North America; • The port has a limited land base that must be managed to accommodate the long -term needs of the port industry; • Many of the port's businesses are heavy indus trial operations and therefore have specific land and infrastructure needs; • The viability of the port depends on an effective and efficient road and rail network for the movement of goods and cargo between the port and its markets; • International requirements for safety and security in and around the port will continue to be reinforced to ensure that port operations meet trade import and export requirements; • Public benefits must be balanced with the operational realities of a working port; and • Working with community and business stake- holders is critical to long term sustainability of the Port given the physical constraints of operating in a small harbour surrounded by a wide variety of land uses. First Draft 153 1.4 SJPA Land Use Policy Land Management Canadian ports, while serving a common function, are unique in their land issues and require an individual response and approach. The SJPA therefore, deals with strategic land management issues in a manner specific to local circumstances. The very existence of a port requires adequate facilities for the handling, storage and transfer of cargo and the safe and efficient transfer of passengers; private commercial and industrial sites also exist along the waterfront, as does the provision for public access. The SJPA follows a business development approach in determining the most appropriate uses of Port lands. Key to this approach is the understanding that the Port is contained within the surrounding urban area and that there is a limited quantity of waterfront property suitable for development of marine terminals. The SJPA continually faces the challenge stemming from competing interests for a finite amount of available urban waterfront land. Pressures for waterfront development and access have intensified in Saint John, as elsewhere, and the SJPA must consider how to best respond and mitigate land use conflicts through the updating of its Land Use Plan. The Canada Marine Act identifies the need for port authorities to take into consideration surrounding land uses in their land use planning and provide opportunity for the public to participate. The nature of a Land Use Plan is dynamic and what may be applicable today may not be to future circumstances. Thus, responding to business, environ- mental, economic, and social and community issues requires a regular monitor - and - respond approach to keep the SJPA Land Use Plan relevant. Land Use Plan Process In carrying out the revision of its land use plan, the Port Authority engaged ADI consultants to assist in the process. This commenced with the development of a first draft following stakeholder consultations. This first draft was then made available to the public and posted to the Port Authority website for a public review period. Notices to this effect appeared in the local newspaper advising of the availability of the draft plan and the date and time for public meetings. Stakeholder Consultation The Canada Marine Act allows for a Port Authority to engage in a consultation process, the purpose of which is to create a successful land use plan that addresses land use needs of a port in the conduct of its business both for the short and long term and, where possible, integrates a port's objectives with those of the community in such a way that ensures a port's continued growth and sustainability. Sharing an urban environment with a wide variety of land users, each with their own intent may cause conflict. The SJPA realizes the opportunity and the responsibility to engage the community in this land use planning process and resolved to carry out consultations on a broad Ievel.Through consultation, the SJPA, its stakeholders and the public can better appreciate both parallel and opposing opinions, new ideas and progressive suggestions. Stakeholders consultations occurred either on a one -on -one or focus group basis with others providing written feed- back via a questionnaire. The SJPA identified 45 stakeholders within 5 groups representing various Port, business and municipal aspects including the key Port users, the cruise industry, business organizations and the City of Saint John Planning and Development Department. These were categorized in five groups: • Group A - Port Users and Leaseholders • Group B - Cruise Operators • Group C - Other Port Stakeholders — agents, marine consultants etc. • Group D - City of Saint John; • Group E - Business Community Final participation and feedback included: 8 Saint John Port Authority 2011 Land Use Plan 154 Group A Group B Group C Group D Group E 6 of 15 Invitees 4 of 4 Invitees 4 of 19 Invitees Planning Commissioner and Deputy Commissioner Saint John Water 5 of 5 Invitees An additional 15 stakeholders completed and returned the questionnaire in lieu of an interview or focus group participation. The summary of stakeholder feedback is found in Appendix E. Public Review Period Once completed, the draft Land Use Plan was made available to the public and posted to the Port Authority website. Concurrently, this initiated a 60- Day Public Review Period beginning on the date of publication. During this period, the Port Authority conducted public meetings to gain input from the community that was considered during preparation of the final Land Use Plan. Feedback was considered by the Port Authority in updating its Land Use Plan. The Puffin Arrow in the Port of Saint John First Draft 155 2.0 Business Environment Today's commerce operates within a competitive global environment. Canada's economy depends on international trade and on the efficient movement of goods within the international and domestic marketplace facilitated by multimodal transportation networks. Marine transportation plays a critical role and is therefore a major contributor to the national economy. Ports are essential to the transportation chain connecting marine to road and rail transportation systems. The Port of Saint John is one of these international gateways. The Port of Saint John is New Brunswick's largest and most diverse port and its only container port. It primarily handles bulk and break -bulk cargo, is well - suited for niche container markets and is a major port - of -call for cruise ships. It is a key player in moving goods and resources worldwide. A significant volume of cargo originates from or is imported to New Brunswick and is associated with local industry. In 2010, the Port of Saint John handled over 30 million tonnes of cargo. Through changes in trading patterns, the development of containerization and economic downturns, the Port has faced a number of challenges in attempting to transition from traditional business and growing its container and break bulk sectors. Therefore, it has focused on diversifying its activities and operations and pursuing new opportunities to promote growth and increasing port traffic. The Port has a wide range of facilities to handle all types of cargo and is essential to some of the Province's major industries. The SJPA operates primarily as a landlord Port, leasing out key facilities to operators for the purposes of attracting and handling goods and passengers in support of Canada's water- borne trade and national economy. The Port's major commodities are petroleum products and LNG, potash and salt, recyclable metal, containers, other bulk cargo, forest products and project cargo. In addition, the Port has been very successful in establishing itself as a major port -of -call in Canada -New England for cruise ships and has become the fourth largest cruise port in Canada. Petroleum Products & LNG The largest volume of cargo at the Port is petroleum and LNG which are handled at private facilities and which only generate revenue for the Port Authority from the vessels through the harbour dues tariff. Volumes are in the region of 27 million tonnes per year and are expected to be maintained or increased in the future. This includes the potential of developing additional marine facilities in the Outer Harbour. Potash & Salt Potash and salt represent the highest volume of cargo handled at Port Authority facilities and is the greatest generator of revenue. Normal volumes are around 1 million tonnes per year. The Sussex potash mine expansion under way is projected to increase volumes to 2 million tonnes per year or more within the next five years. Figure 2: Cargo Traffic - Total Port Freight Volumes (million metric tonnes) Freight Type 2004 2005 2006 2007 2008 2009 2010 Liquid Bulk 24.3 26.1 23.1 25.2 24.2 26.0 28.9 Dry Bulk 1.181 0.893 1.081 1.165 0.872 0.402 1,083 Containerized 0.279 0.287 0.259 0.277 0.304 0.265 0.278 General 0.627 0.26 0.43 0.391 0.169 0.187 0.140 TOTAL 26.3 27.54 24.87 27.03 25.58 26.90 30.45 TEUs 1 48,744 1 49,950 1 44,556 1 46,574 1 49,240 1 44,382 1 46.303 Source: SaintJohn Port Authority Notes: Liquid bulk includes petroleum, LNG, chemicals, molasses, fish oil. Dry bulk includes potash, salt, recyclable metals, sugar, limestone, fish meal. General includes forest products, project cargo, steel, vehicles. TEU - 20 foot container equivalent unit 10 Saint John Port Authority 2011 Land Use Plan 156 Other Bulk Recyclable metal is becoming a significant component of Port business, diversifying operations and resulting in an expansion of the facility at Terminal 12. This operation includes an auto - shredding facility and the exporting of material and heavy scrap which constitutes the cargo. The proponent is investing significant monies into the infrastructure and will bring a much - needed activity at the Port, increased man -hours for labour, increased shipping and cargo volumes and new long term jobs in the community. Fish oil and molasses (liquid bulk) are also imported at Terminal 12 and pumped to the tank farm in the Lower West Side Port area. This business is steady with modest annual tonnages, generating approximately six (6) vessels per year. Petroleum coke is imported through facilities at the Navy Island Terminal. The Port Authority is also exploring other opportunities in dry bulk which may lead to further investment in Port facilities. Containers Much of today's consumer and manufactured goods move in containers. The Port is not strategically located in the trade patterns of most global carriers nor has it the necessary water depth or infrastructure to support the increased size and capacity of container ships engaged in main line services. Its strength lies in servicing niche market and small to medium sized ships. The Port must address the challenges of securing long term operators, equipment replacement and having a competitive rail service model to move containers to and from Figure 3: Port of Saint John Cruise Ship Traffic inland destinations. The Port presently handles 45,000 - 50,000 TEUs (twenty foot equivalent units) per year. Capacity of the terminal is in the area of 150,000 TEUs and a second container line at this terminal would bring it close to capacity. Break Bulk Cargo & Forest Products Break bulk cargo is becoming more limited as a consequence of increased containerised cargo and a downturn in the North American forest products industry. Project cargo has increased in recent years and has the potential of providing further opportunities in the future. While the 2009 recession caused a downturn in a number of sectors at the Port, a decline of forest products shipments is by far, the most significant for the Port Authority. Cargo tonnage in this sector has dropped from one million tonnes in 1996, to an average 500,000 tonnes per year from 2000 -2004 to under 100,000 tonnes in 2010. The primary cause of this has been the closure of paper mills in New Brunswick, Canada and the U.S. and the migration of available forest products exports to the main line container services that fill otherwise empty containers being repositioned offshore for reloading of imports to Canada. Passenger and Cruise Ship Traffic Cruise ship business has grown significantly in recent years. The port has the capacity to handle the largest cruise ships, such as the Queen Mary 2, on the eastern side of the Main Harbour at the Marco Polo Cruise Terminal. Available also are Long Wharf and Pugsley C, allowing for docking of three cruise ships at the same time. The Port Authority is in the process of expanding its cruise berthing capacity and infrastructure at Pugsley C and at Long Wharf to accommodate multiple same -day calls of the larger Source: SaintJohn Port Authority website www.sjport.com February 22,207 1 *forecast First Draft 11 157 and longer ships now entering service. The cruise sector has grown exponentially from an average 50,000 passengers per season to over 200,000 passengers per season with further growth projected. The objective of the Port Authority is to attain 300,000 passengers by 2015. OtherActivities Global economic factors, increased competition and efficiency improvements along with a declining forest products sector have impacted activity levels at the Port of Saint John. Acknowledging the shift in business and its necessity to respond to a new business environment, the SJPA has encouraged continued diversification of its activities linked with its business sectors. Examples of this are the Floating Pipeline Company fabrication plant in Shed D at the Navy Island Terminal, the auto distribution centre at Terminal 12 and retail outlets in the form of the Dockside Market associated with the cruise sector. Business Environment Summary The SJPA foresees new opportunities that require significant capital investment to upgrade infrastructure so that it can aggressively compete within an ever changing global trade network; SJPA must be cost - effective and competitive. Therefore, it must seek to maximize the use of its lands and facilities to ensure operations and land availability meet the demands of the trade. Maintaining the current infra- structure and advancing technology and operations to respond to the marine transportation industry and capture future opportunities is critical. Land holdings, their efficient use and availability will allow expansion in accordance with the Port's business plans and strategies. This requires careful analysis of land requirements and planning of land use to which the strategic business objectives set by the SJPA can be linked; As a Canada Port Authority, the SJPA is required by legislation to provide and manage its facilities to support trade and the activities in which it may engage, which are specified in 12 Saint John Port Authority 2011 Land Use Plan its Letters Patent. (See Appendix B); and The SJPA is working to attract new business to the Port. It has projected growth in bulk, break bulk cargo, cruise and containers and is examining industry forecasts and the impact of global economics through its strategic planning process. Through plans for diversification, business development and infrastructure investments, the SJPA will be able to allocate and organize lands and uses in a way that signifies the need for its current holdings and support future expansion plans. Port Economic Impact Canada's 17 different Port Authorities collectively handle 460 million tonnes of cargo per year, valued at over $162 billion generating 250,000 direct and indirect jobs and $10.2 billion in salaries nation -wide. Canadian ports contribute $30 billion to Canada's GDP with $2.2 billion paid in federal and provincial income taxes and $2 billion paid in consumption tax (Source: Association of Canada Port Authorities). Forty per cent (40 %) of Canada's GDP is dependent on trade with over 160 countries worldwide. Bulk cargo volumes make up the vast majority of Canada's throughput and are considered as the foundation to maintaining traditional tonnage and traffic. By facilitating trade, the SJPA contributes to the national, regional and local economies. Asa "gateway" to international markets, the Port supports economic and employment growth among producers, shippers, wholesalers, unions, retailers and many other marine - related industries and services. In addition, the economic impact is multiplied through indirect and induced economic activity. As such, the Port plays a significant role in the various communities of which it is a part. A Gardner Pinfold Economic Impact study, completed in 2007, estimated that based on an annual tonnage of 26 million tonnes, contribution to the economy by the Port of Saint John totals over $375 million in GDP to the local economy and over $425 million to the Province of New Brunswick. Spin -off GDP added a further $230 million to the Saint John economy. This has increased exponentially with annual tonnage in 2010 exceeding 30 million. 158 3.0 Port Facilities The following table provides summary details of Port facilities: Figure 4: Port of Saint John Facilities Facility Navy Island Berth 1 Length (meters) 356 Depth Lowest Tide (meters) 10.4 Transit shed (sq/meters) Shed 1A and B 30,645 Open Area (hectares) 6.5 To tal) 2 313 10.4 3 313 10.4 Petcoke Shed 5,796 Shed C 11,018 Fabrication Plant (Shed D) Shed D 11,121 Rodney Container Terminal A 295 12.2 Marginal 445 12.2 18.2 Pier 10 168 12.2 Pier 12 265 9.1 To be demolished 2 Long Wharf Marginal 288 10.7 6.1 Marco Polo Cruise Terminal Pugsley A/B 388 10.4 Cruise Terminal. 0.3 Pugsley C 234 10.4 Cruise facility Under construction Lower Cove 245 10.7 nil 7.4 Barrack Point Potash Terminal 290 13.0 23,277 Private Facilities Bay Ferries 183 7 4 Canaport (mooring buoy with pipeline) 37 Irving Oil (Courtenay Bay #1 -2) 566 12.2 Source: SaintJohn Port Authority Website (www.sjport.com) First Draft 13 159 Port facilities are generally in good condition. The exceptions to this are Piers 10 to 14, some of which are approaching 100 years old and are of timber construction augmented by concrete facing and wharf caps. Pier 10 is an active pier, Pier 11 is too small and unsafe for marine use and the corner is in a state of collapse while Pier 12 is usable but deteriorating. Pier 13/14 was abandoned in the early 1990s and is currently derelict serving only as a protective break- water for Pier 12. Redevelopment of this area would provide a significant opportunity for a future marine facility. All other facilities require on -going upkeep and maintenance, however provide excellent infra- structure for Port use. The West Side Port lands and facilities area organized into the Upper West Side and Lower West Side. The combined West Side Port lands represent approximately 75% of the SJPS's cargo facilities. The following provides descriptions of each of the planning areas and facilities under the management of SJPA. Plans of each area /facility can be found in Appendix C. Upper West Side Navy Island Terminal Navy Island is a general cargo terminal with three berths, four transit sheds (one converted to a fabrication plant), one bulk storage shed and 6.5 hectares of open storage area. This is the only facility remaining in the port with general cargo transit sheds. • Berth 1: 356m length x 10.4m depth; 18 m working apron, ro -ro ramps; • Berth 2: 313m length x 10.4m depth; partially used for small craft facility; narrow working apron due to petcoke storage shed; • Berth 3: 313m length x 10.4m depth; ro -ro - ramp; 23m working apron alongside petcoke shed; • Highway & rail access; • Current Land Use: cargo operations, warehousing, bulk storage, and fabrication.; • Future Land Use: Addition of auto storage and distribution — no other planned change in use of this area. Container Loading Upper West Side 14 Saint John Port Authority 2011 Land Use Plan 160 Container Loading Upper West Side Rodney Terminal Rodney Terminal is a 20 -acre container facility with a capacity of 100,000 to 150,000 TEUs. Besides containers, the terminal is adaptable for handling forest products, general cargo, project cargo and bulk cargo. • Rodney Slip Berth: 290m length x 12.2m depth; • Marginal Berth: 445m length x 12.2m depth; • Additional berth length is available on Pier 10; • Rail & highway access; • On -dock rail; • Ro -Ro facilities; • Current Land Use: cargo handling, container handling, storage and maintenance; • Future Land Use: No change in use of this area. West Side Rail Marshalling Yard A rail marshalling yard is located along the length of the Upper West Side Port between the access road (Protection Street) and the Port perimeter fencing to service rail traffic to and from the marine terminals. NB Southern Rail is the rail service provider. Subject to rail siding requirements, this area offers a potential for new development for light industrial, commercial and related transload businesses. Lower West Side The total area of the Lower West Side is approximately 29 hectares and represents almost 50% of the Port's total West Side property area. It comprises of all the area south of Rodney Terminal to the Digby Ferries Terminal and contains Piers 10, 11 and 12. This area also includes Piers 13 and 14, which are now derelict and condemned. The topography of the Lower West Side slopes upward from the Port lands to the Blue Rock residential area. For purposes of this plan, this area will be sub - divided into Terminal 12 and the'Balance of the Area. Terminal 12 The area consists of Piers 10, 11 and 12, Sheds 8 and 12 and associated uplands. The berth structures are rapidly aging and are of early 1900s construction. Pier 10 is the most active pier in this area although no significant amount of cargo can be assembled on the dock due to current weight restrictions. Pier 11 is no longer suitable for marine traffic and is in a state of First Draft 15 161 collapse. Pier 12 is used as the tug depot in the port and is used by tanker traffic when discharging molasses or fish oil. There are also weight restrictions in effect on this pier, thus limiting its use. Shed 12 has reached the end of its useful life and is to be demolished in 2011. Shed 8, located inland from the water's edge is also to be demolished in 2011 to make way for an expanded recycled metal operation and terminal. • Berth 10: 168m length x 12.2m depth (continuation of Rodney marginal berth); • Berth 11: unusable; • Berth 12: 265m length x 9.1 m depth; • Road and rail access; • Current Land Use: cargo assembly, storage and handling, auto distribution, liquid bulk cargo discharge by portable pipeline, tug depot; • Future Land Use: recyclable metal processing, cargo assembly, storage and handling; liquid bulk cargo discharge by portable pipeline and tug depot. Balance of Lower West Side The area consists of those lands lying south of pier 12 to the perimeter of the ferry terminal. It consists of almost 15 hectares of open unused property, including the slip berth and Piers 13/14. There are no active docks in this zone. Pier 13 -14 is derelict and is fenced off and serves only as a breakwater for pier 12. The uplands contain a tank farm adjacent to the Crosby Molasses storage tanks which is used for fish oil storage. • Road access to tank farm; • Main rail access into port crosses north -west end of this property; • Current Land Use: Tank farm (connected to Pier 12 by pipeline); SJPA Maintenance Shop, Atlantic Towing Field Office, miscellaneous small private operations and storage area; • Future Land Use: area suitable for re- development for additional port facilities; consideration for a small craft fisher's facility being considered for the south side of Pier 14. AIM Metal Operations on the Lower West Side 16 Saint John Port Authority 2011 Land Use Plan 162 Cruise Ship at Inner Harbour East Side Main Harbour Long Wharf Long Wharf is located at the head of the Main Harbour with 18 open acres and a 288m berth. The terminal essentially divides the east and west portions of the harbour and marks the entrance to the St. John River. The local environment around the terminal is highly developed being bounded by residential condominiums to the east, the main rail line, Highway 1, a natural gas supply line and the Harbour Passage public walking trail to the north and Fort LaTour, a federally and provincially- designated heritage site, to the west. The property is located within a short walking distance of the Uptown shopping district. Over the past fifteen years, Long Wharf Terminal has been predominantly used for bulk cargo, specifically salt and limestone, however more recently, it has been dedicated to cruise business, serving as a second berth and facility for visiting cruise ships. In 2003, the Port Authority demolished the transit shed due to its condition and the need to improve the area for cruise. Due to its location there is no ability to expand this terminal due to the above physical constraints. The Port Authority will closely examine the highest and best future use for this facility as indicated in this Land Use Plan. • Marginal berth: 288m length x 10.7m depth; • No rail access; • Current Land Use: cruise, mixed cargo, non- e marine activity; • Future Land Use: cruise, mixed cargo, non - marine activity until completion of a master plan for the facility. Marco Polo Cruise Terminal, Pugsley C & Pugsley Parking Lot The Marco Polo Cruise Terminal and Pugsley C are located on the east side of the Main Harbour bounded by Water Street to the east, the Coast Guard facility to the north and Lower Cove Terminal to the south. The Pugsley parking lot is located to the north of the terminal building and has long term cruise and commercial related development potential. Pugsley C lies to the south of the Marco Polo terminal and adjoins Lower Cove. It is currently being redeveloped as an additional multi -use cruise facility including extended berthing capacity, gang- way system and a passenger reception area. First Draft 17 163 • The terminal lies adjacent to the commercial and residential area of the South End Central Peninsula. Investments, both to municipal and Port lands have improved community integration of this planning area; • Marco Polo Cruise Terminal berth: 388m length x 10.4m depth; • Pugsley C berth: 234m length x 10.4 depth (being extended); • Current Land Use: o Marco Polo Terminal: cruise, public events (off- season), SJPA offices o Pugsley C Terminal: cruise, cargo handling, warehousing o Pugsley Park: public parking • Future Land Use: o Marco Polo Cruise Terminal: no change o Pugsley C: primarily cruise and related activities, secondarily ship /shore cargo transfer o Pugsley Park: public parking, potential development o There is no rail access to these facilities Lower Cove Lower Cove Terminal is an open area of approximately 18 acres and is bounded by Broad Street along the northern edge of the property and Charlotte Street to the east. The berth face extends from Pugsley C Terminal to the former Sugar Refinery site. The Terminal area abuts the City's South End residential mixed use community and a small cluster of commercial, warehousing, and office related businesses east of Charlotte Street. Lower Cove Terminal has no structures or buildings but offers a large open assembly and storage area suitable for a variety of cargoes. The facility is used for cargo, special projects and cruise operations for smaller cruise vessels. Some recent cargoes handled at the facility have been project cargoes, heavy lifts and lumber shipments. It is constructed to container handling standards. • Berth: 245m length x 10.7m depth; • No current rail access to this facility; • Current Land Use: cargo assembly, storage and handling, back -up cruise dock; • Future Land Use: no change. 18 Saint John Port Authority 2011 Land Use Plan Courtenay Bay Barrack Point Potash Terminal Barrack Point Potash Terminal is located on the western shore of Courtenay Bay and was custom -built for the storage and loading of potash and other compatible bulk commodities. It lies at the furthest point of the Central Peninsula adjacent to a mixed -use area of commercial and institutional uses. Residential uses back onto the Barrack Point site and the sheds are in clear view of both the surrounding neighbourhoods and Broad Street, at its northern edge. Truck traffic is currently routed from the throughway along Crown Street to the terminal. Two storage sheds can accommodate the storage of over 200,000 metric tonnes of bulk product and the loading facility can deliver up to 3,000 tonnes per hour loading rate. It is accessed through Courtenay Bay navigation channel, which lies to the west of the port's breakwater and has a dredged depth of 5.3m along the range line. • Berth: 290m length x 13m depth; • Road and rail access; • Current Land use: assembly, storage and loading of potash and salt; • Future Land Use: no change. Potash Loading 164 Road and Rail Access Maintaining efficient road and rail connections to the various Port facilities is critical to the future of the Port of Saint John. The Port provides for the transfer of goods between land and water transportation. The strategic location advantages of the Port can be quickly eroded by poor rail and road connections. For the most part, the Port's rail and road connections are good (see Map 2). The challenge will be to maintain these efficient connections as the City develops and the transportation system evolves. The intra -port rail system, however, ranges from fully to limited operational to unusable or non - existent. The SJPA in cooperation with the Rail service providers and Port users will seek to rectify this issue. Source: Saint John PortAuthority First Draft 19 165 2531000 2532000 2533000 2534000 2535000 2536000 166 Highway Access Route 1 is the primary highway across southern New Brunswick and part of the National Highway System trade corridor with efficient connections to the United States and Atlantic Canada. East of the Saint John region, Route 1 carries daily traffic volumes of 8,700 vehicles, including 1,740 trucks (20 %). Over the past 10 years, truck traffic on Route 1 increased an average of 3.5% per year reflective of a strong trade economy in southern New Brunswick and, in particular, the Saint John region. The Port of Saint John has the strategic advantage of being located adjacent to Route 1, which enables minimal travel times from Port lands to a high speed highway. The City has designated a number of truck routes that connect the Port to the Route 1 inter- changes. Truck access from the West Side Port lands to Route 1 is provided by a direct connection from the port entrance to the Market Place interchange. Access to the Ferry Terminal from Route 1 is also provided via the Market Place interchange, but truck traffic must travel a greater distance along residential streets including Market Place, St. John Street and Lancaster Street. A 2002 traffic study reviewed the possibility of a truck route from Route 1 to the Ferry Terminal through Port lands, the intent being to remove through truck traffic from the Lower West Side streets. At that time, the Port raised concerns with the proposed use of its service road as a truck route, including: disruption to internal operations; rail crossings; increased liability; and security. It may be possible to revisit this initiative in conjunction with the redevelopment of the Lower West side. There are benefits to the Port by having a through route connecting Route 1 interchange to the Ferry Terminal, including improved access and visibility to developable Port properties and increased direct access for goods movement between the Port and the Ferry Terminal. ATransportation Master Plan could review such details and identify solutions. Truck access from Route 1 to East Side Port lands is less direct than on the West Side. Depending on their origin or destination on Route 1, trucks may use the Garden Street or Crown Street interchanges and then City Road, Crown Street and Broad Street to access the East side facilities. Truck traffic to the potash terminal uses Crown Street. When the One Mile House inter- change opens in 2013, truck access to Route 1 will be significantly improved and will reduce congestion on some City streets. Trucks will be able to use Courtenay Bay Causeway and Bayside Drive as an access between Route 1 and the potash terminal. There has also been some interest in the possibility of a new port access road parallel to Crown Street along the shoreline of Courtenay Bay. Such a route would provide the advantage of removing trucks from the residential areas along Crown Street; however, the feasibility of such a road would have to be studied with respect to environmental impacts, cost, and the opportunity for a connection to the Causeway. Figure 5: Road Access & Highway Connections CAMPBELLTON EDMUNSTON BATHURST. Source: Saint John PortAuthority First Draft 21 167 Rail Access The City of Saint John is served by two railways. Canadian National (CN), which is the sole Class 1 Railroad in Atlantic Canada, operates a rail line from Saint John to Moncton, where it connects to its main line that operates east to Halifax and west to Quebec, Ontario and the United States (U.S.). New Brunswick Southern Railway (NBSR), a short line railway, provides Saint John and Southwest New Brunswick with service that extends into the State of Maine. In Maine, NBSR connects to the Montreal Maine & Atlantic Railway (MMA) at Brownville Junction, which in turn connects to the Canadian Pacific Railway System. NBSR also connects to the Pan -Am Railway in Mattawamkeag, Maine, which provides service to the U.S. Northeast and the U.S. Rail system. The Port is primarily served by New Brunswick Southern Railway with Canadian National Railway servicing the Barrack Point Potash Terminal. While the West Side is well served, the East Side, with the exception of the potash terminal, lacks rail access to the marine terminals. A key issue with respect to rail is the condition of existing rail tracks within Port land and rail policy in respect track maintenance. The SJPA and NBSR are carrying out a condition survey of existing tracks in Figure 6: Regional Railway Network New Bmomid Swehm Rdmy Q'� GmSmNwwl(IN1 aee.� ■ MMAO o'rrnxa Source: Saint John PortAuthority the port and an assessment on the port's future needs and will confer with port stakeholders to determine a solution. The West Saint John rail network is owned and operated by NBSR. The rail network includes the West Saint John spur serving the West Side Port and Bayshore as well as the main rail yard and NBSR head- quarters at Dever Road. NBSR lines extend northwest following the St. John River as far as Westfield and then through Welsford, Fredericton Junction and McAdam to St. Croix, where the line crosses the U.S. Border. Within the West Side Port, NBSR uses a rail marshalling yard for port purposes. This yard is underutilized and primarily used for storage of empty cars. The SJPA is evaluating the rail requirements within the Port with NBSR and Port stakeholders with the potential of re- allocating part of this yard to provide additional developable lands. The East Saint John rail network includes the Island Yard, the CN /NBSR railcar marshalling yard located at One Mile House, and the rail line spurs that serve the Port facilities on the east side of the Port of Saint John and the Grandview and McAllister Industrial Parks. The Island Yard and the East Saint John rail network 22 Saint John Port Authority 2011 Land Use Plan 168 NEWBAUN011 L. \ �IONCTON � IMOIr// /e M(AQAM HALIFAX SAINTIOHN - STSTEPHEN Nawscon.� BROWNVILLEKI. BANGOR SWRSPORT -PORTLAND 22 Saint John Port Authority 2011 Land Use Plan 168 are operated by NBSR. Although the rail network is owned by CN Railway, NBSR has a long term operating agreement with CN to operate the East Saint John rail services. The one exception is the potash haul from Sussex to the Port of Saint John. CN Railway has retained operating rights through the Island Yard and on to the potash terminal located on the west side of Courtenay Bay. East Saint John Port lands are served by two railway spur lines: Dry Dock Spur: The Dry Dock Spur extends south from the Island Yard to the former Saint John Shipbuilding dry dock site, now operated by Atlantic Wallboard Limited; Courtenay Bay Spur: The Courtenay Bay Spur serves the potash terminal and the east side of the Port of Saint John. Rail traffic destined for the potash terminal is handled directly by CN, while all other operations are carried out by NBSR. Rail traffic to the potash terminal passes through the Island Yard to the Dry Dock Spur, where it switches to the Courtenay Bay Spur and on to the potash terminal on the west side of Courtenay Bay. Potash rail traffic normally entails one return trip from Sussex to Saint John each day. First Draft 23 169 4.0 Community Interface Municipal Plan & Zoning In New Brunswick, the primary responsibility for managing community planning, development issues, land use and municipal services rests with local municipalities. To manage these interests, the City of Saint John is authorized through the Community Planning Act to carry out planning, establish zoning controls, require development permits and servicing agreements, development levies and other such authorities to manage land use and development issues. For the purpose of port land use planning, Federal Crown Port lands are not subject to the jurisdiction of local zoning regulations of the City of Saint John. Nevertheless, the Port Authority is cognizant of the land use objectives of its neighbours and the land use intent of the City of Saint John. This intention is articulated in the City's Municipal Plan which highlights the importance of having sufficient Port lands and related transportation access. It states: "The nature of industrial establishments in SaintJohn gives rise to the need for industrial areas with differing characteristics. These must be so situated to take advantage of necessary road, rail or water transportation facilities while presenting the minimum adverse impact on existing or anticipated non - industrial development or industrial development of a different nature. The supply of lands suitable for varying industrial types is limited by the severe topography in Saint John. The designation of industrial areas is to ensure that appropriate lands for industrial uses are available in sufficient quantities and so situated that impacts on other uses will be minimized." The City's Municipal Plan also states, "Opportunities for the economic extension of port functions or port - relating or water - relating industrial establishments are severely limited. Safeguarding the limited natural facilities available is of prime importance." The City of Saint John is currently reviewing and preparing a new Municipal Plan and with regard to the vast majority of the SJPA's lands, the intended land uses continue to be Port related industrial. The SJPA is committed to working with the City of Saint John and other land use stakeholders on matters of mutual 24 Saint John Port Authority 2011 Land Use Plan interest, including land use issues, promotion of Port business, retention of industrial lands, the safe and efficient movement of passengers and cargo through the Port of Saint John and enhancement of the environment. SaintJohn Inner Harbour Land Use Plan The Inner Harbour Land Use Plan and Implementation Strategy is a detailed conceptual plan for the eastside of Saint John's inner harbour. The Plan was prepared during the spring and fall of 2003 for the Saint John Waterfront Development Partnership that included: the Saint John Development Corporation, the City of Saint John, and the SJPA. The primary objectives were to develop a detailed plan and long -term vision that would: • Provide increased public access to the Inner Harbour and Uptown Waterfront, a top priority; • Position the Inner Harbour and Uptown Waterfront, identified as the City's and Region's most important economic development priority, as a catalyst for new economic development and employment creation opportunities; • Achieve better utilization of the community's existing waterfront developments, assets and heritage sites, including Market Square, New Brunswick Museum,Trinity Royal, the Fort LaTour site and Partridge Island; • Increase the frequency and duration of tourist visitations to the Region; • Encourage new residential development and population growth in Uptown Saint John and in the South End Peninsula; and • Sustain and enhance the SJPA's cruise, commercial port and financial capacity by creating new integrated development opportunities and long -term revenue generating opportunities for Port Authority properties on the east side of the Inner Harbour. The Port Authority has been a major contributor and participant in helping to achieve many aspects of this Plan as outlined in the next section under Port /Public Waterfront Interface. Market Slip /Square, the Coast Guard Base, Harbour Passage and Princess Park are all factors in promoting and providing an enhanced interface with the harbour. 170 Port/Public Interface The Port of Saint John is surrounded by the developed commercial area of the Central Business District (CBD) and the residential areas of the historic South Central Peninsula and the Lower West Side, with populations of approximately 2,900 and 4,100, respectively. The CBD has direct interface with the Port with a number of areas of contact. Market Square, once a waterfront industrial area serving port and marine business, is now a commercial and recreational area distinct with repurposed historical brick industrial buildings reminiscent of the City's past; the adjacent Coast Guard site recently acquired by the City of Saint John for mixed use commercial and retail develop- ment; Pugsley Park providing public access to the water; and Harbour Passage, a popular walking and biking trail linking the waterfront and the CBD with neighbourhoods along Chesley Drive. The Central Business District & South Central Peninsula lie directly adjacent to the Port First Draft 25 171 5.0 Land Use Policy Directions General Land Use The SJPA has developed land use policy directions for the Port of Saint John to enable its customers, stake- holders, municipal neighbours, government agencies and the public to identify and understand the principles by which it intends to manage its federal land assets. The geography of the Port of Saint John provides only a limited land base. Therefore, the SJPA must endeavour to effectively protect and manage its land and water resources to accommodate the long term needs of port industry. It is essential the SJPA optimise land utilization in order to capture economic benefits, manage its land resources and strengthen Saint John as a gateway for trade. The SJPA's general land use policy directions are aimed at enhancing the Port as a full service port with the resources and businesses to handle passengers, a diverse range of cargo, services and marine based industries. The policy's stated factors and guidelines (Appendix D) apply to all land uses in the Port. Cargo Sectors Given the importance of the marine terminals and cargo facilities in the Port of Saint John, it is essential that the deep -water areas be protected, that the terminals continue to operate efficiently and competitively and that they are able to adapt and expand to changing market conditions. It is the responsibility of the Port Authority to ensure the port's ability to handle cargo is not eroded. Cargo Policy Direction 1. The West side port, Lower Cove and the potash terminal will continue to be used as the port's major active cargo areas; 2. Cruise operations will be concentrated on the East side of the Main Harbour at the cruise terminal, Pugsley C and Long Wharf; 3. The SJPA will continue to protect, maintain and provide opportunities for the growth of existing terminal operations in the Port of Saint John; 4. The Port Authority will continue to strive to attract both direct and indirect marine - related business to the port; 5. The Port Authority will pursue acquisition or 26 Saint John Port Authority 2011 Land Use Plan use of those contiguous properties that will further enhance its cargo handling capacity. Cruise Sector Saint John is a major cruise destination and port of call in the Canada /New England cruise itinerary and is the fourth largest cruise port in Canada. New York is the primary home port which serves this market. Cruise business enjoys steady growth with annual passenger counts in a range exceeding 200,000 passengers per year. A continued customer - focused entrepreneurial approach will build on past successes of the Port Authority in this sector. Strengthening operations, upgrading facilities and developing strategies for new cruise product opportunities in Atlantic Canada is expected to result in the port's continued growth in the cruise marketplace. The policy direction of the Port Land Use Plan supports land and water uses that will lead to growth of the cruise sector. Cruise Policy Direction Enhance cruise terminal operations in the Port to continue to provide world -class cruise facilities and services; Provide land opportunities to capture forecasted growth and changes in the cruise industry that support new cruise; infrastructure, product and service needs Utilize cruise facilities in a manner that optimises capacity and operations. Marine Service and Marine Uses Numerous Port service industries require water access or access to marine terminals and include such uses as customs, pilotage, tugboats, ship fuelling and provisioning, ships' garbage /waste removal and disposal, environmental protection /clean -up services, ship repair, marine surveyors and ship chandlery. These industries support the Port's ability to function as a full service port. In addition, several commercial and industrial activities that provide services to port users but do not need water access can also benefit from being located on port lands. Some of these uses and related activities include container storage and repair, food/ agricultural /aquaculture products trans - shipment 172 facilities and trucking and rail operations. Marine Service Policy Direction 1. Keep land and water available to accommodate service industries as the Port continues to grow; 2. Support the retention of waterfront land and water lots in support of Port service industries that are dependent upon waterfront access or require proximity to the Port. Port Land Buffers The Port is located in the centre of the City and surrounded by the adjacent residential and commercial communities. It is therefore advantageous to develop buffers to soften the transition between Port activity and the adjacent areas. This can be accomplished by appropriate green belts, landscaping and walkways or by encouraging light industrial or commercial port- oriented development. In its future land use, the SJPA will explore means to provide appropriate and effective buffers with the community. The waterfront area is a limited and visible resource for both the Port and the Saint John community and therefore, ensuring high quality waterfront development is critical and can be achieved through development of design guidelines. Design guidelines specific to Port land can support sustainability and direct quality and can address issues relating to infra- structure development, building design and operations and extend to identifying and attracting similar operations that share and maximize infrastructure. Port Land Buffers Policy Direction 1. Strategic infrastructure investments are preferred in the waterfront areas that are compatible with adjacent land uses. The SJPA will take into consideration established activities in adjacent areas, and to ensure quality, the SJPA will seek adherence to certain design principles that promote quality and sustainable development, thereby contributing to overall quality of development and stimulating private investment that meets public objective. Port/Public Waterfront Interface In recent years, where appropriate and viable, parts of the waterfront have changed in response to evolving global trade patterns and Port business. Although a majority of Saint John's harbour is still dedicated to port and marine uses, a variety of port /public interfaces are available to the public on port lands and former industrial Port lands. In most cases these are boardwalks and parks, many of which provide valuable connections to local and regional greenway systems and include (see Map 3): • Protection of Fort Latour 0 980s); • Development of Market Square (1983); • Development of Pugsley Park (1986) ; • Harbour Passage (2004); • Harbour Passage Extension along Water Street (2008). Further enhancements are under way or pending such as: • Redevelopment of the Coast Guard Base; • Creation of park area at the foot of Princess Street; • Extension of Harbour Passage to West Side; • Development of Partridge Island. As noted in the 2003 Inner Harbour Land Use Plan, "One of the most interesting and intriguing features of the Inner Harbour is the proximity of the commercial port operations to the office, residential and recreational activities of Uptown Saint John. The opportunity to observe the loading or unloading of cargo from a vessel that recently arrived in the Port from an origin half -way around the world, or the arrival of an 18- storey cruise ship carrying thousands of passengers visiting Saint John for the first time — all during a casual lunch hour walk — is a truly unique and truly Saint John experience" Port/ Public Waterfront Interface Policy Direction 1. The "experience" of the commercial waterfront character and industrial heritage of the Inner Harbour is enhanced by the presence of the working port. The SJPA will continue to work with the local community to enhance the port /public waterfront in a manner that is safe and compatible with port operations while considering current and future Port and community needs. First Draft 27 173 Map 2 7361500 I N �11i � �Fs' am � a� 7`,r N f7� W A O O O Z CD oil W A 0 o 0 �° 0 N CR W N O r °' v ca CLN N � v � X CD a n v 0 0) v T (D Q p 7362000 7362500 7363000 J 7363500 7364000 • yN � a N Ro .-Fl_ A N W tai+ o 7361500 7362000 7362500 174 7363000 A '-N( 1 7363500 7364000 -a N N W t1i Co O O 6.0 Planning Areas and Future Land Use Designations The future land use designations for each of the Port Planning Areas will be identified on a short, medium and long term basis and either a low or high priority: Short Term Uses: 0 -5 Years Medium Term Uses: Short term uses of Port lands must be considered during the phases leading up to the eventual long term land use designation. Due to long lead times involved in planning for anticipated future needs for major port infrastructure, it is possible that some Port lands may lie temporarily vacant prior to ultimate development. It is important that these lands, or those surrounding Port lands, not be sterilized by long term vacancy or short -term uses that are divergent from the land's intended strategic purpose. Assessment for short -term uses should consider establishing'sunset periods, requirements relating to removal of goods, establishing appropriate buffers from surrounding uses and restoration of the land. Port Planning Areas Upper West Side (Navy Island — Rodney Terminal) Context The Upper Westside Port land (Map 4 Port Land Use Plan) uses focus on heavy industrial use permitting a wide variety of industrial and non - industrial uses including commercial, institutional, manufacturing and light and heavy industrial uses. Both Rodney Terminal and Navy Island currently have surplus capacity but limited space for expansion as they are bounded to the west by a well established residential area. The West Side Port lands, including the rail marshalling yard, would benefit from a transitional land use buffer along Market Place West abutting the Lower West Side neighbourhood. This buffer could include enhancements to the existing open space West Side Port Lands First Draft 29 175 buffer and recreational area along Market Place West or the development of port- oriented commercial properties that would provide residents with relief from the operational aspects of port activity. Recognizing the reduced volumes of rail traffic, the Port in conjunction with the railway and its stakeholders, will assess rail track needs to support its present and future business and subject to rail infrastructure needs, consider alternate uses of this area. The SJPA will: Intent The use of the marine terminals in the Upper West 3. Side is critical to the Port's viability and integrity. The long term intent for this planning area is to maintain existing terminals and facilities that contribute to the 4. Port's function as a major transportation asset having: • Large scale industrial port uses, port logistics, project and break bulk cargo; 5. • Cargo assembly, storage and marshalling • Intermodal operations; and • Warehousing, fabrication and manufacturing operations. The area also provides opportunities for further port development that considers transitions between the heavy industrial uses and the surrounding residential community by way of: Medium scale light industrial and commercial businesses to provide transition between the established heavier port industrial uses and non -port residential areas; and Procedure to mitigate noise and visual impacts from heavy port industrial uses. Upper West Side Policy Direction 1. It is critical that key Port industrial parcels and infrastructure be retained as a key component of the economic and business development strategy for the Port and Saint John Region; 2. Land use and market development strategies will include a focus on opportunities for growth in niche containerized cargo markets. Implement the following framework for the selection of potential marine terminal projects based on the objective of maximizing utilization of existing terminals before building new Port facilities: a. increase utilization of existing terminals; and b. where feasible, convert existing under- utilized terminals and associated sheds for other cargoes. Develop new leasing opportunities for alternative business approaches; Work with transportation stakeholders and terminal users to plan for road and rail infra- structure improvements; Encourage all levels of government to take advantage of the strategic importance of public lands well located to benefit from port activity; Work with all levels of government to examine the feasibility and conceptual planning for increased Port - and - public waterfront interface. Initiatives A. Evaluate the Port's rail marshalling yard to determine long -term rail needs in the port area; B. Explore development opportunities to maximize use of the rail yard area, including commercial opportunities to enable the SJPA to attract new businesses and promote the expansion of existing local marine and transportation related businesses that could contribute to enhanced transitional activities between the Port and the adjacent areas. 30 Saint John Port Authority 2011 Land Use Plan 176 2532200 2533100 2534000 2534900 2535800 253220000°` 2533100 2534000 177 2534900 2535800 178 Lower West Side (Piers 10, 11, 12) Context This planning area is a continuation of the Upper West Side (Map 4 Port Land Use Plan). Activities include recycled metals, cargo assembly and storage, Autoterm auto distribution centre (non- marine), imports of fish oil and molasses by portable pipeline to an on -site tank farm, port logistics and a number of short term leases. Having many of the attributes as the Upper West Side including good road and rail access, the Lower West Side facilities require significant redesign and invest- ment including Piers 10, 11 and 12, located within this planning area. The wharves are the oldest in the port dating back nearly a century and present the greatest infrastructure issues: • Pier 10 — limited weight capacity but a viable pier; • Pier 11 - deteriorated and unusable; • Pier 12 — limited use with imposed weight restrictions; deteriorating condition; • Piers 13 and 14, abandoned, serve as breakwaters for Pier 12; • Shed 12 is deteriorating to be demolished in 2011/12; • Shed 8 to be demolished in 2011/12. Pier 12 can only provide nine metres draught, as opposed to ten to twelve metre draughts available at the Upper West Side Terminals. The largest operation in the Lower West Side is the American Iron and Metal (AIM). It is expanding its shredding operation to include the processing work incidental to the handling or shipping of metal goods through the port to the extent compatible with the land -use plan. The Lower West Side planning area usage rate sits at only 50 %, however it is the prime site for intensi- fication of heavy industrial port uses and any future expansion or development. Redevelopment of the entire area will allow for the future use as a marine facility and expansion of port business. Intent The Lower West Side Port area has a significant amount of vacant land for future development as an industrial node to accommodate a variety of liquid bulk, dry bulk and break bulk cargoes and supports a concentration of marine and water- oriented businesses and industries. The short term intent of this planning area is its continued use as an ocean terminal and port industrial uses including: • Continued operation and expansion of the American Iron & Metal facilities; • Continued handling of liquid bulk products; • Large scale industrial port uses, port logistics, bulk cargoes, project and break bulk cargo, storage and movement of goods, distribution and intermodal loading and unloading; • Marine - related services; and • Towing services. The long term intent included continued bulk cargo operations and further redevelopment and restoration of the remaining area as the major heavy industrial component of the Port's land holdings. Land use and development strategies will concentrate on light and heavy industrial uses including shipping, navigation, handling and storage of goods, marine services and the processing of goods to the extent compatible with port operations. Future development will be guided by more detailed planning that focuses on addressing port sustain - ability while taking into consideration land use mitigation measures and techniques that will address environmental concerns such as noise and visual impacts from the heavy port industrial uses. Lower West Side Policy Direction 1. It is critical that key Port industrial parcels and infrastructure be retained as a key component of the economic and business development strategy for the Port and Saint John Region. Initiatives A. Future infrastructure investment in this area to create a heavy industrial node to accommodate heavy types of port land uses; B. Continue working to attract new port and marine uses to increase land use efficiency and maximize land use potential; First Draft 33 179 C. Work with transportation stakeholders and terminal users to develop a plan for the potential re- alignment of both road and rail. The Port Authority will: • Develop a business attraction strategy to in crease marine oriented operations, water oriented business and industries such as shipping, navigation, transportation of goods, handling and storage of goods; • Work with transportation stakeholders and terminal users to plan for road and rail infrastructure improvements required for existing terminal users and new light industrial and commercial users; and • Encourage all levels of government to take advantage of public lands strategically located near the Port to achieve long term economic objectives. 34 Saint John Port Authority 2011 Land Use Plan Main Harbour - Long Wharf Context Long Wharf (Map 4 Port Land Use Plan) plays an important role in the development of cruise markets and provides an essential second berth for cruise vessels calling at the port. The Port Authority upgraded the facility to better serve cruise vessels and further enhancements will be taking place in 2011 to improve mooring arrangements for ships and provide a closer connection to the Uptown area for visiting passengers. Its proximity to the uptown makes Long Wharf a desirable site for a variety of other uses. Stakeholder feedback identified a wide variety of uses beyond traditional cargo for the Long Wharf planning site and will be considered by the SJPA in its seeking development options for this valuable asset. The general consensus of the potential intended use of Long Wharf by the both the SJPA and the various stakeholder distinguishes it for long term strategic development detailed through a Master Plan process. Intent Long Wharf is a strategic development parcel. The short term emphasis shall be on short -term uses that do not impinge upon the long term development opportunities of this site. The medium to long term intent for Long Wharf remains cruise oriented with the undertaking of a Master Plan that looks at port - related activities inter- facing with innovative approaches consistent with the SJPA business strategies and alignment with PlanSJ outcomes to the degree possible. Examples might be: cruise terminal; marine transportation; tourism infra- structure; retail and restaurants; commercial or office; or educational institution. The overall intent of the SJPA is to transform this facility into a significant revenue generator. Long Wharf Policy Direction 1. Commercial passenger vessel uses and clean cargo storage area will continue as the primary use of Long Wharf terminal until presented with an opportunity to implement a detailed Master Plan for the long term redevelopment of the site for mixed use projects, providing that such a project is related to the support of passengers through :1 the Port of Saint John. Initiatives A. Commitment to a Master Plan process to identify the highest and best use of the planning area; B. Consider short term light industrial uses to generate revenue; C. Explore opportunities to accommodate additional cruise requirements in the planning area. Marco Polo Cruise Terminal, Pugsley C Terminal & Pugsley Parking Lot Context The multimillion dollar Marco Polo Cruise Terminal project (Map 4 Port Land Use Plan), announced in June 2003 by the Port Authority, heightened the quality of cruise facilities on the Atlantic East Coast and enhanced the Port's position as a major port of call in the Canada -New England cruise arena. It also provided a boost to the community's waterfront development efforts and provided a new waterfront venue for community events. Pugsley C is being redeveloped (2011) to complement the primary cruise terminal, the Marco Polo, and will allow the Port Authority to accommodate multiple same day calls of larger vessels. The integration of cruise operations in proximity to the Uptown area supports the overall refurbishment of the Water Street area and will complement a high -end residential development on Water Street expected to be completed mid -2011. While the priority will be on cruise operations, the terminal area must remain sufficiently flexible to allow for utilization of the berth and dock apron by cargo vessels for handling cargo over Lower Cove. Other plans include exploring opportunities for complementary development on Pugsley Park such as boutique hotel, retail opportunities and potential restaurant/ entertainment /special event components that will generate revenue opportunities for the SJPA. Intent SJPA's business strategy of expanding its cruise business requires the continued current use of the Marco Polo Terminal as well as the expanded Pugsley C terminal and Long Wharf. A continued customer- oriented entrepreneurial approach will build on recent success. The SJPA will continue strengthening and upgrading operations and facilities and develop strategies to attract new cruise product opportunities. Marco Polo, Pugsley C & Pugsley Park Policy Direction Continue development plans of Pugsley C for cruise and mixed use; Develop land use and development strategies that provide opportunities to expand commercial uses that support cruise and tourism industries; 3. Utilize cruise facilities in a manner that optimises capacity and operations; 4. Encourage efficient transportation linkages between the Port's cruise industry and cruise support services located in the region. Initiatives A. Continue conversion and investment in Pugsley CTerminal; B. In cooperation with public and private sector, explore development opportunities that add support to the intended land uses such as: a. hotel, entertainment centre, retail, restaurants, and commercial uses; b. cruise and tourism services and activities; and C. Public access to waterfront areas where appropriate. Lower Cove Terminal Context Lower Cove Terminal (Map 4 Port Land Use Plan), is a large and secured open asphalt area interspersed with high -tower commercial lighting. Lower Cove is ideally situated as a marine cargo facility and most recently has been used for lumber and project cargo. Road access to this terminal utilizes the municipal designated truck route. There is currently no rail access due to the removal of trackage around the south end peninsula by the railway, however, if this was re- established, the area would benefit from direct rail access to the CN Rail system. With the increased use of Long Wharf for cruise and the subsequent displacement of cargo space, increased pressure will be brought onto Lower Cove as a marine cargo facility. First Draft 35 181 Intent The Lower Cove terminal represents one of few under- developed areas remaining on the waterfront that can accommodate Port growth. The long term environmental and socio- economic benefits of inner city berths and waterborne trade and traffic are significant and therefore dockside infrastructure should be retained as such. Therefore, it is the Port Authority's intent to continue to use this facility for marine cargo operations. The Saint John Port Authority understands that consideration must be given to the co- existence of Port uses and the surrounding residential neighbourhoods. The ultimate intent is the long term sustainability of both and the SJPA will therefore endeavour to develop mitigation techniques and policies that minimize negative impacts on the liveability of the adjacent South End community. Lower Cove Policy Direction 1. Continue marine and port industrial handling and storage of cargo; 2. Develop land use and development strategies that provide opportunities to expand port commercial uses. Initiatives A. Follow the traditional use of Lower Cove Terminal as a marine and port industrial area for the handling and storage of cargo; B. Install appropriate buffers where possible to provide a transition between the port and the community; C. Work with transportation stakeholders and port users to re- establish rail service to the terminal and to explore the potential development of a port access road; D. Pursue the acquisition through exchange or lease arrangement of the sugar refinery site to complement and expand the available cargo area at the terminal. (see "Areas for possible Expansion "& "Lands of Interest "). 36 Saint John Port Authority 2011 Land Use Plan Possible Port Expansion Areas on the Central Peninsula :. Barrack Point Potash Terminal Context Potash and salt are handled through Barrack Point Potash Terminal (Map 4 Port Land Use Plan), under a long term lease agreement with the Potash Corporation of Saskatchewan. Already the world's largest potash producer, the Potash Corporation is positioning itself to capture a significant share of future demand growth. Capital expansions in New Brunswick will result in the doubling of exports through the Port of Saint John with annual capacity reaching 2 million tonnes. Intent Courtenay Bay will continue to be used for dry and liquid bulk cargoes. The storage and movement of potash is an important contributor to the longevity and financial sustainability of the Port. Expansion of the terminal may be required in the long -term and must be taken into consideration in this land use plan Should this occur, consideration will be given to the impacts on the surrounding residential area. Barrack Point Policy Direction 1. Monitor forecasted growth in potash and the capacity of the Potash Terminal and when ap propriate, plan for expansion via conversion, redevelopment, acquisition or infilling. Initiatives A. Working with PotashCorp, the SJPA will identify future facility upgrades and additional land requirement and when appropriate, engage in detailed site design to meet the client needs in a way that support the business of the Port and mitigates impact on surrounding area. Port and City Property Anomalies There are a number of property anomalies between port and city property which occurred throughout the development stages of City and Port. The SJPA wishes to work with the Municipality to reach an agreement on the necessary adjustments and future ownership of these properties. Lands of Interest There are a number of land parcels contiguous to port property which, if they became available, would be of interest to the Port Authority (Map 4 Port Land Use Plan), for the long -term development and include: Federal Lands at Ferry Terminal West Side; Federal Lands South End under Department of National Defence; 3. Sugar Refinery Site; and 4. Former site of Imperial Oil Tank Farm adjacent to potash terminal. Areas for Possible Expansion Planning Area A — Piers 12,13, 14 Future redevelopment in this area (Map 4 Port Land Use Plan), should be examined in terms of the necessary infrastructure required to accommodate the heavy industrial use envisioned for the dockside area. The original Port plan proposed the demolition of Pier 13 and 14, extension of Rodney Terminal South towards the Ferry Terminal, and in- filling the previous slip area. This approach would provide an extra 600 metres of berths, and twenty hectares of land. This is a site surrounded by existing Port infrastructure and is not located near any non - compatible land uses and involves no land acquisition. Planning Area B — Former Sugar Refinery Lands The site is located at the southern extremity of the City's central peninsula and currently owned by the City of Saint John (Map 4 Port Land Use Plan). The land has remains unused and undeveloped since the refinery's 2002 closure and subsequent demolition. The dock apron and the berth continue to be owned by the Federal Government and under the control of the SJPA. This site is strategically located between Lower Cove Terminal and Barrack Point Potash Terminal. The capacity and functional operation of the Lower Cove Terminal could easily be doubled through the leased acquisition of the Sugar Refinery site. The property is of interest for the purposes of enhancing the Port's ability to expand the existing Lower Cove terminal and linking it to the potash terminal in the future. Thus, the Sugar Refinery is First Draft 37 183 strategically important to the long term operational development of Port lands in this area. Planning Area C - Round Reef Round Reef is a Crown water lot located at the southern tip of the Central Peninsula south of the Sugar Refinery site (Map 4 Port Land Use Plan). It is contiguous with Lower Cove by way of a pier on the Sugar Refinery site and contiguous with Barrack Point Potash Terminal. It is a prime site for future port development. This is a good site for construction with bedrock relatively near the surface and the potential to be served by rail and road connections and utili- ties. It is reasonably distant from existing residential and other uses and is suitable for expansion of current facilities or development of new facilities. It will accommodate berth arrangements in the main harbour, providing a berth the access to which would not be influenced by the tides or incur any significant dredging costs. Depending on future Port business and land use requirements either infilling or construction of a dolphin system would be required. Other Port Property The Port Authority owns land inside the Partridge Island breakwater and immediately south of the Ferry Terminal lands (Map 1.0 Port Land Use Plan). It is located in the vicinity of Fort Dufferin, a site of historical significance in the Lower West Side and lies between the main rail access into the port and the foreshore in that area. The Port Authority considers this as marketable land and would be prepared to enter into negotiations with interested parties for its future use. The Outer Harbour SJPA has jurisdictional authority for waters in the outer harbour and needs to be cognizant of potential future opportunities to develop port activities along both the eastern and western shorelines contained within the harbour limits. General Land Use Directions SJPA wishes to maximize use of its existing facilities consistent with its Business Plan goals and objectives. Although not subject to the City of Saint John Zoning By -Law, the SJPA is aware of the various classifications of port lands as expressed through the City's Land Use By -Law. Being aware of the dominance of the commercial marine function of the waterfront, the Port Authority will remain cognizant and responsive of the potential for functional change or alternate use in certain sectors of the waterfront. 38 Saint John Port Authority 2011 Land Use Plan 184 7.0 Implementation The Port Land Use Plan reflects SJPA's commitment to direct and manage the long term planning and development of its land and water resources. The SJPA has the responsibility of implementing the policy directions and initiatives outlined in this document. In doing so, the SJPA may need to undertake more detailed land use studies from time to time and participate in land use studies in cooperation with the City of Saint John and other participating municipalities. Project Review Process The SJPA has land use authority on the lands that it manages and has adopted a review process to ensure that development meets applicable standards, minimizes environmental impacts and supports its land use and related policies and objectives. The SJPA evaluates proposals utilizing Project and Environmental Review procedures. These review processes are designed to be comprehensive, yet flexible enough to respond to the unique circumstances of individual projects and proposals. Applications are reviewed to determine that proposed developments will meet or exceed federal legislative requirements, including, but not limited to, the Canadian Environment Protection Act (CEPA), the Fisheries Act and National Building Code. Monitoring the Plan In order to keep the Saint John Land Use Plan relevant, amendments or variances to it may be required. An amendment to the Port Land Use Plan may be warranted when the SJPA initiates a master plan that provides more detailed direction than the current policy directions and initiatives included in the Port Land Use Plan. A master plan area may be a specific site or area of the Port, such as Long Wharf, or may constitute an entire new future planning area or development and expansion strategy. Given the current limited land base, the SJPA may also need to acquire additional land holdings from time to time. As such, land acquisition by the SJPA or land added to its management may require this Port Land Use Plan to be amended to include these additional lands into the scope of the Plan. Implementation Strategy • Undertake a comprehensive review of Port assets and develop a life cycle management plan; • Undertake more detailed land use plans for master planning areas within the Port's planning areas, as and when identified; • Work with the City of Saint John and municipal neighbours to ensure meaningful input and to address areas of concern; • Undertake a review of the Port Land Use Plan when and where deemed necessary. First Draft 39 185 8.0 Summary The SJPA Land Use Plan charts the future direction of the SJPA over the next 10 to 15 years. It establishes the basis for decision making for the future development and use of lands and provides the necessary direction needed to manage the Port of Saint John in support of Canada's international trade and strategic development for the future, as well as short term uses for non - marine trade. It also allows for the complementary development of the harbour waterfront for public access and municipal development. The provisions of this Land Use Plan allow the SJPA to use and develop facilities and support the community in accordance with its mandate established by the Canada Marine Act. The SJPA within the framework of this multi -year planning exercise, and based on the established criteria, must strive to retain or re- purpose all of its existing facilities and infrastructure: -The SJPA will continue to use its major terminals and cargo areas for their designated use: Cargo operations will be focused throughout the West Side Port and at Lower Cove and the Potash terminal on the East Side; Cruise operations will be concentrated on the area from Long Wharf to Pugsley C; Long Wharf will be the subject of a Master Plan process to determine the highest and best use of the facility including cruise, tourist and marine related development, to provide an appropriate rate of return on the facility for the Port Authority and subject to prerequisite conditions, allow for the revitalization of the public waterfront; In the Lower West side, the recyclable metals facility will be established in terminal 12 and the liquid bulk operations will be sustained. In the long -term, the balance of the area will be restored and upgraded into a modern and functional port facility including realignment and modernization of the pier structure; In respect to lands of interest to the port, the Port Authority will continue to work with the City of Saint John to encourage the utilization of the sugar refinery site for marine - related business activities; • Significant public waterfront access in the Uptown area can be provided with existing plans and accommodations including the future development of the Coast Guard Base; • The western shore of Courtenay Bay will be used for transportation access; • While not part of its mandate, the Port Authority is cognizant of the desire for a small craft facility in the harbour; • The SJPA will implement an Asset Life Cycle Plan to address investments and the longevity of its facilities and assist in the planning of future investments; • In the long term and within its own strategic objectives, the SJPA will encourage development of new replacement facilities 40 Saint John Port Authority 2011 Land Use Plan 186 on identified sites and consider alternate use of those sites which will energize the public waterfront. Glossary Anchorage: Designated area where a vessel may safely anchor. Berthing: A place where marine vessels can dock. Bulk cargo: Unpackaged goods shipped in bulk carriers. Break bulk cargo: Generalized cargo that is not containerized but may be bundled into specific units. Typical break bulk cargoes include goods such as lumber, steel, pulp and machinery. Canada Marine Act (CMA) 1998: The Federal Act introduced to make the system of Canadian ports competitive, efficient and commercially oriented by providing for the establishment of port authorities and the divesture of certain harbours and ports. Canadian Environmental Assessment Act (CEAA) 1992: Establishes the federal environmental assessment pro- cess. Canadian Environmental Protection Act (CEPA) 1999: Outlines legislation that seeks to prevent pollution and protect the environment and human health in order to contribute to sustainable development. Central Business District (CBD): The main commercial and business district of the City. Channel: A primary shipping fairway that is marked with buoys and dredged to maintain depth within the har- bour. Coastal shipping: Shipping within coastal waters of Canada and the U.S. Commodity: A product having an economic value. Containers: A single shipping unit used to contain bulk and break -bulk cargoes (see TEU). Dry bulk cargo: Dry cargo that is poured or placed into ships in bulk, such as potash, recyclable metal, wood by- products and minerals. Fill: Material used to raise the level of land for flood control or construction purposes. Foreshore area: Those lands located between the ordinary or mean high water mark and the ordinary or mean low water mark. Green Buffer: Designed planting scheme that separate non - compatible uses and mitigate unsightly and obnox- ious noise, views and odours. High -water mark:The highest tidal influence on the bank. Intermodal: The trans - shipment of cargo by means of multiple interconnected methods including rail, water, air and road. Jurisdiction: A defined area which a government or its agent is empowered to administer and regulate. 187 Liquid Bulk Cargo: Liquid cargo that is poured or pumped into ships such as crude petroleum, refined petro- leum, edible oils and petrochemicals. Low -water mark: The lowest tidal influence on the bank. Master Planning Process: Examination of a parcel of land that has significance within the planning context and requires special consideration and in -depth analysis to determine its best and highest use. Marine Terminal: A wharf where vessels dock to receive and off -load cargo and include both deep sea terminals and non -deep sea terminals. NB Southern Rail (NBSR): The primary rail service provider around the Port of Saint John. A short -line operator owned and managed by J.D. Irving Limited. Navigation: In the context of this plan, responsibility for navigation refers to the Port Authority's responsibility to ensure the effective, efficient and safe movement of vessels within its jurisdiction. Ro -Ro ( Roll -on /Roll -off): Cargo that is driven or transported on and off a ship by vehicle. TEU: The standard measurement of 20'x 8'x 8'for containers which stands for twenty foot equivalent units. Con- tainers or'boxes' can come in different lengths - 20 feet, 40 feet and 45 feet units. A forty foot container would equate to two TEUs. Throughput: the movement of cargo and passengers through a marine terminal over a given period of time. Upland: Land above the high -water mark. Value- added: Carrying out procedures or services that add to the original value of a product. Water Lot: A property that is wholly or partially covered by water. Zoning Areas: Light Industrial, Heavy Industrial, Transportation, and other. im Appendix A: Canada Marine Act A -1 Section 4 National Marine Policy A -2 Section 25 Appropriations A -3 Section 28 Capacity & Powers (Activities) A -4 Section 48 Land Use Plan Requirements A -5 Section 62 Regulations 190 Same meaning Aboriginal rights Maritime du Canada — 26 fevrier 2011 (2) Unless a contrary intention appears, words and expressions used in this Act have the same meaning as in the Canada Business Cor- porations Act. 1998, c. 10, s. 2; 2001, c. 4, s. 133; 2008, c. 21, s. 1. ABORIGINAL RIGHTS 3. For greater certainty, nothing in this Act shall be construed so as to abrogate or derogate from the application of section 35 of the Con- stitution Act, 1982 to existing aboriginal or treaty rights of the aboriginal peoples of Canada. PURPOSE Purpose of the 4. In recognition of the significance of ma- Act rine transportation to Canada and its contribu- tion to the Canadian economy, the purpose of this Act is to (a) implement marine policies that provide Canada with the marine infrastructure that it needs and that offer effective support for the achievement of national, regional and local social and economic objectives and will pro- mote and safeguard Canada's competitive- ness and trade objectives; (a.1) promote the success of ports for the purpose of contributing to the competitive- ness, growth and prosperity of the Canadian economy; (b) base the marine infrastructure and ser- vices on international practices and ap- proaches that are consistent with those of Canada's major trading partners in order to foster harmonization of standards among ju- risdictions; (c) ensure that marine transportation ser- vices are organized to satisfy the needs of voie maritime» La voie en eau profonde entre le port de Montreal et les Grands Lacs construite et entretenue en conformite avec Faccord du 19 mars 1941 entre le Canada et les bats-Unis pour le developpement de la naviga- tion et Famenagement de 1'energie dans le bas - sin des Grands Lacs et du Saint - Laurent; la pre- sente definition vise egalement les ecluses, canaux et installations entre le port de Montreal et le lac Erie dont Fensemble est connu sous 1'appellation de voie maritime du Saint - Laurent. (2) Sauf indication contraire, les autres termes de la presente loi s'entendent an sens de la Loi canadienne sur les societes par actions. 1998, ch. 10, art. 2; 2001, ch. 4, art. 133; 2008, ch. 21, art. 1. DROITS DES AUTOCHTONES 3. Il est entendu que la presente loi ne porte pas atteinte a 1'application de Particle 35 de la Loi constitutionnelle de 1982 aux droits exis- tants — ancestraux ou issus de traites — des peuples autochtones. OBJET DE LA LOI 4. Compte tenu de Fimportance du transport maritime an Canada et de sa contribution a 1'economie canadienne, la presente loi a pour obj et de : a) mettre en oeuvre une politique maritime qui permette an Canada de se doter de Fin - frastructure maritime dont i1 a besoin, qui le soutienne efficacement dans la realisation de ses objectify socioeconomiques nationaux, regionaux et locaux aussi bien que commer- ciaux, et Faide a promouvoir et preserver sa competitivite; a. l) promouvoir la vitalite des ports dans le but de contribuer a la competitivite, la crois- sance et la prosperite economique du Canada; b) fonder Finfrastructure maritime et les ser- vices sur des pratiques internationales et des approches compatibles avec celles de ses principaux partenaires commerciaux dans le but de promouvoir Fharmonisation des normes qu'appliquent les differentes autori- tes; 191 u voie maritime » ••seaway„ Terminologie Droits des autochtones Objectifs Canada Marine — February 26, 2011 users and are available at a reasonable cost to the users; (d) provide for a high level of safety and en- vironmental protection; (e) provide a high degree of autonomy for local or regional management of components of the system of services and facilities and be responsive to local needs and priorities; (f) manage the marine infrastructure and ser- vices in a commercial manner that encour- ages, and takes into account, input from users and the community in which a port or harbour is located; (g) provide for the disposition, by transfer or otherwise, of certain ports and port facilities; and (h) promote coordination and integration of marine activities with surface and air trans- portation systems. 1998, c. 10, s. 4; 2008, c. 21, s. 3. PART 1 CANADA PORT AUTHORITIES INTERPRETATION Definitions 5. The definitions in this section apply in this Part. "airport" "airport" means an airport situated in a port. a aeroport» "letters patent" "letters patent" means letters patent as amended lettres by supplementary letters patent, if any. patentes » "port" "port" means the navigable waters under the ju- « port » risdiction of a port authority and the real prop- erty and immovables that the port authority manages, holds or occupies as set out in the let- ters patent. "user" "user ", in respect of a port, means a person that utilisateur» makes commercial use of, or provides services at, the port. 1998, c. 10, s. 5; 2001, c. 4, s. 134. c) veiller a ce que les services de transport maritime soient organises de fagon a satis- faire les besoins des utilisateurs et leur soient offerts a un cout raisonnable; d) fournir un niveau eleve de securite et de protection de 1'environnement; e) offrir un niveau eleve d'autonomie aux administrations locales on regionales des composantes du reseau des services et instal- lations portuaires et prendre en compte les priorites et les besoins locaux; J) gerer Pinfrastructure maritime et les ser- vices d'une fagon commerciale qui favorise et prend en compte 1'apport des utilisateurs et de la collectivite oA un port on havre est situe; g) prevoir la cession, notamment par voie de transfert, de certains ports et installations portuaires; h) favoriser la coordination et l'integration des activites maritimes avec les reseaux de transport aerien et terrestre. 1998, ch. 10, art. 4; 2008, ch. 21, art. 3. PARTIE 1 ADMINISTRATIONS PORTUAIRES CANADIENNES D$FINITIONS 5. Les definitions qui suivent s'appliquent a la presente partie. aeroport» Aeroport situe dans un port. << lettres patentes >> Les lettres patentes telles que modifiees par lettres patentes supplementaires, le cas echeant. port» L'ensemble des eaux navigables qui re- levent de la competence d'une administration portuaire ainsi que les immeubles et les biens reels dont la gestion lui est confiee, qu'elle de- tient ou qu'elle occupe en conformite avec les lettres patentes. utilisateur» A 1'egard d'un port, personne qui utilise le port a des fins commerciales on y fournit des services. 1998, ch. 10, art. 5; 2001, ch. 4, art. 134. 4 192 Definitions u aeroport » "airport" u lettres patentes letters patent" u port » "port" u utilisateur» "user" Liability arising when not acting as agent of Crown Insurance required Financial Administration Act No appropria- tion Maritime du Canada — 26 fevrier 2011 unsatisfied by the port authority or subsidiary at least thirty days after the judgment or decision becomes final. (2) If a port authority or a wholly -owned subsidiary of a port authority is not acting as agent of Her Majesty in right of Canada, an obligation or liability in respect of the port au- thority or subsidiary, as the case may be, aris- ing from its exercise of, or its failure to exer- cise, a power or right or arising by operation of law is an obligation or liability of the port au- thority or subsidiary, as the case may be, and not an obligation or liability of Her Majesty. (3) A port authority and a wholly -owned subsidiary of a port authority shall fully main- tain in good standing at all times the insurance coverage required by any regulations made un- der paragraph 27(1)(e). 24. The Financial Administration Act, other than subsection 9(3) and sections 155, 155.1 and 156, does not apply to a port authority or a wholly -owned subsidiary of a port authority. 25. Even if the port authority or subsidiary is an agent of Her Majesty in right of Canada as provided under section 7, no payment to a port authority or a wholly -owned subsidiary of a port authority may be made under an appropria- tion by Parliament to enable the port authority or subsidiary to discharge an obligation or lia- bility unless (a) the payment (i) is made under the Emergencies Act or any other Act in respect of emergencies, (ii) is a contribution in respect of the capi- tal costs of an infrastructure project, (iii) is a contribution in respect of envi- ronmental sustainability, or (iv) is a contribution in respect of securi- ty, or (b) the authority for the funding of Her Majesty's obligations is an agreement that was in existence before March 1, 1999. 1998, c. 10, s. 25; 2008, c. 21, s. 14. tisfaire a toute partie de la decision on du juge- ment A laquelle it n'a pas ete satisfait. (2) Dans les cas ou elle n'agit pas A titre de mandataire de Sa Majeste du chef du Canada, une administration portuaire ou une filiale a cent pour cent d'une administration portuaire est tenue d'executer les obligations dont elle est responsable en vertu de la loi ou qui decoulent de Pexercice de ses attributions ou du defaut de les exercer, A Pexclusion de Sa Majeste. (3) L'administration portuaire et toute filiale A cent pour cent de Padministration portuaire doivent maintenir Passurance exigee par les re- glements d'application de Palinea 27(1) e). 24. La Loi sur la gestion des finances pu- bliques, a Pexception du paragraphe 9(3) et des articles 155, 155.1 et 156, ne s'applique ni aux administrations portuaires ni aux filiales A cent pour cent des administrations portuaires. 25. Sauf dans les cas ci- apres, it ne peut &re accorde A une administration portuaire ou A une filiale A cent pour cent d'une administration portuaire aucune somme par voie de credit af- fecte par le Parlement pour lui permettre d'exe- cuter ses obligations, et ce meme si Padminis- tration portuaire ou la filiale est mandataire de Sa Majeste du chef du Canada au titre de Par- ticle 7: a) la somme : (i) est versee au titre de la Loi sur les me- sures d'urgence ou de toute autre loi en matiere de situation d'urgence, (ii) est une contribution au coot en capital d'un projet d'infrastructure, (iii) est une contribution versee pour la durabilite environnementale, (iv) est une contribution versee pour re- pondre a des exigences liees A la surete; b) Pautorisation de financement visant A permettre A Sa Majeste d'executer les obliga- tions decoule d'un accord conclu avant le 1- mars 1999. 1998, ch. 10, art. 25; 2008, ch. 21, art. 14. 17 193 Responsabilite a titre de non- mandataire Assurance Loi sur la gestion des finances publiques Interdiction de credits Contribution No guarantee Regulations Canada Marine — February 26, 2011 25.1 The Minister may, with the approval of the Governor in Council given on the recom- mendation of the Treasury Board and on any terms and conditions specified by the Governor in Council on the recommendation of the Trea- sury Board, make a contribution under subpara- graph 25(a)(iv). 2008, c. 21, s. 15. 26. No guarantee may be given under the authority of Parliament by or on behalf of Her Majesty for the discharge of an obligation or li- ability of a port authority or a wholly -owned subsidiary of a port authority. This section ap- plies even if the port authority or subsidiary is an agent of Her Majesty in right of Canada as provided under section 7. 27. (1) For the purposes of this Part, the Governor in Council may make regulations for the corporate management and control of port authorities or wholly -owned subsidiaries of port authorities, including regulations (a) adapting any provision of the Canada Business Corporations Act and any regula- tions made under that Act, including provi- sions imposing punishment, for the purpose of applying those provisions as adapted to port authorities; (b) prescribing, for the purposes of section 32, categories of investments in which a port authority may invest; (c) respecting the preparation, form and con- tent of the documents referred to in para- graphs 37(2)(a) to (d) and the information re- ferred to in subsection 37(3); (d) prescribing the remuneration threshold for the purposes of paragraph 37(3)(c) and the method of determining that threshold; (e) respecting the insurance coverage that a port authority and a wholly -owned sub- sidiary of a port authority must maintain; (f) respecting the imposition of obligations on a port authority or a wholly -owned sub- sidiary of a port authority, as an agent of Her Majesty in right of Canada, including any re- quirements for a port authority or a wholly - owned subsidiary of a port authority to in- demnify Her Majesty; 25.1 Le ministre pent, avec 1'approbation du gouverneur en conseil donne sur recommanda- tion du Conseil du Tresor et selon les modalites precisees par le gouverneur en conseil sur re- commandation du Conseil du Tresor, verser toute contribution visee au sous- alinea 25a)(iv). 2008, ch. 21, art. 15. 26. Il ne peut etre accorde de garantie four - nie avec 1'approbation du Parlement, par Sa Majeste on en son nom pour 1'execution d'une obligation d'une administration portuaire on d'une filiale a cent pour cent d'une administra- tion portuaire meme si Fadministration por- tuaire on la filiale est mandataire de Sa Majeste du chef du Canada an titre de Particle 7. 27. (1) Pour l'application de la presente partie, le gouverneur en conseil pent prendre des reglements en vue de la gestion et du controle des administrations portuaires on de leurs filiales a cent pour cent, notamment: a) pour adapter la Loi canadienne sur les so- cietes par actions et ses reglements, y com- pris leurs dispositions repressives, en vue de leur application aux administrations por- tuaires; b) pour preciser, pour Papplication de Par- ticle 32, les categories de valeurs mobilieres dans lesquelles une administration portuaire peut investir; c) en cc qui touche le contenu et la forme des documents a etablir conformement au paragraphe 37(2) et les renseignements vises au paragraphe 37(3); d) pour fixer le plancher de remuneration vi- se a 1'alinea 37(3) c) et la methode pour 1'etablir; e) en cc qui touche Fassurance que Fadmi- nistration portuaire ou ses filiales a cent pour cent doivent maintenir; J) pour regir Fimposition d'obligations a une administration portuaire on a ses filiales a cent pour cent a titre de mandataire de Sa Majeste du chef du Canada, notamment Fin - demnisation par elles de Sa Majeste; g) pour prevoir les renseignements et docu- ments qu'une administration portuaire doit fournir au ministre a sa demande; 18 194 Contribution Interdiction de garanties Reglements Maritime du Canada — 26 fevrier 2011 (g) respecting the information and docu- ments to be provided by a port authority to the Minister at the Minister's request; and (h) respecting the amalgamation of port au- thorities. Application (2) A regulation made under subsection (1) may apply to only one port authority or wholly - owned subsidiary of a port authority. Binding onHer (3) A regulation made under subsection (1) Majesty may be made binding on Her Majesty in right of Canada or a province. Capacity and powers Activities Carrying on activities Restrictions Contracts 1998, c. 10, s. 27; 2008, c. 21, s. 16. CAPACITY AND POWERS 28. (1) A port authority is incorporated for the purpose of operating the port in respect of which its letters patent are issued and, for that purpose and for the purposes of this Act, has the powers of a natural person. (2) The power of a port authority to operate a port is limited to the power to engage in (a) port activities related to shipping, navi- gation, transportation of passengers and goods, handling of goods and storage of goods, to the extent that those activities are specified in the letters patent; and (b) other activities that are deemed in the letters patent to be necessary to support port operations. (3) The activities that a port authority may engage in under paragraph (2)(b) may be car- ried on by the port authority directly or through a wholly -owned subsidiary of the port authori- ty. The port authority and the subsidiary are not agents of Her Majesty in right of Canada for the purpose of engaging in those activities. (4) A port authority shall not carry on any activity or exercise any power that it is restrict- ed by its letters patent from carrying on or exer- cising, nor shall it carry on any activity or exer- cise any power in a manner contrary to its letters patent or this Act. (5) A port authority or wholly -owned sub- sidiary of a port authority that enters into a con- tract other than as agent of Her Majesty in right h) en ce qui touche les fusions d'administra- tions portuaires. (2) Les reglements pris en vertu du para- graphe (1) peuvent ne s'appliquer qu'A une seule administration portuaire ou une seule de ses filiales a cent pour cent. (3) Les reglements pris en vertu du para- graphe (1) peuvent titre rendus obligatoires pour Sa Majest6 du chef du Canada on d'une province. 1998, ch. 10, art. 27; 2008, ch. 21, art. 16. CAPACITE ET POUVOIRS 28. (1) Une administration portuaire est constitu6e pour 1'exploitation du port vise par ses lettres patentes et a, A cette fin et pour l'ap- plication de la pr6sente loi, la capacit6 d'une personne physique. (2) L'autorisation donn6e a une administra- tion portuaire d'exploiter un port est restreinte aux activit6s suivantes : a) les activit6s portuaires lilies a la naviga- tion, an transport des passagers et des mar - chandises, et a la manutention et 1'entrepo- sage des marchandises, dans la mesure pr6vue par les lettres patentes; b) les autres activit6s qui sont d6sign6es dans les lettres patentes comme 6tant n6ces- saires aux operations portuaires. (3) L'administration portuaire pent exercer directement ou par l'interm6diaire d'une de ses filiales A cent pour cent les activit6s vis6es A l'alin6a (2) b); ni 1'administration portuaire ni la filiale ne sont mandataires de Sa Majest6 du chef du Canada dans le cadre de ces activit6s. (4) L'administration portuaire n'exerce que les pouvoirs et activit6s pr6vus par ses lettres patentes; elle ne peut les exercer d'une fagon incompatible avec ces derrieres ou avec la pre - sente loi. (5) L'administration portuaire ou la filiale A cent pour cent d'une administration portuaire qui conclut un contrat autrement qu'A titre de 19 195 Application Obligation de Sa Majest6 Capacity et pouvoirs Activit6s portuaires Exercice des activit6s R6serves Capacity contractuelle Compliance with code Canada Marine — February 26, 2011 of Canada shall do so in its own name. It shall expressly state in the contract that it is entering into the contract on its own behalf and not as agent of Her Majesty in right of Canada. For greater certainty, the contracts to which this subsection applies include a contract for the borrowing of money. (5.1) If a port authority that is subject to a code governing its power to borrow enters into a contract, or executes any other document, for the borrowing of money, the document shall in- clude an express statement that the borrowing complies with the code. Duty of directors (6) The directors of a port authority shall take all necessary measures to ensure Borrowing limitations may be imposed No effect on status (a) that the port authority and any wholly - owned subsidiary of the port authority com- ply with subsections (5) and, if applicable, (5.1); and (b) that any subcontract arising directly or indirectly from a contract to which subsec- tion (5) applies expressly states that the port authority or subsidiary, as the case may be, enters into the contract on its own behalf and not as agent of Her Majesty in right of Canada. (7) If a port authority or a wholly -owned subsidiary of a port authority fails to comply with subsection (5) or (5. 1), or the directors of a port authority fail to comply with subsection (6) or section 30. 1, the Minister of Finance, on the recommendation of the Minister of Trans- port, may impose any limitations that the Min- ister of Finance considers to be in the public in- terest on the power of the port authority or subsidiary to borrow money, including limita- tions on the time and terms and conditions of any borrowing. (8) For greater certainty, the imposition un- der subsection (7) of limitations on the power of a port authority or subsidiary to borrow money or the imposition of other limitations or controls by the Minister, any other member of the Queen's Privy Council for Canada or the Governor in Council, through the issuance of letters patent, the granting of any approval or any other means, does not expand the extent, if any, to which the port authority or subsidiary is an agent of Her Majesty in right of Canada be- yond that described in section 7. mandataire de Sa Majeste du chef du Canada, y compris un contrat visant a emprunter des fonds, doit le faire sous son propre nom et indi- quer expressement dans le contrat qu'elle le conclut pour son propre compte et non a titre de mandataire de Sa Majeste. (5.1) L'administration portuaire assujettie a un code regissant le pouvoir d'emprunt qui, par contrat on autre 6crit, emprunte des fonds doit y indiquer expressement que Femprunt est fait en conformite avec ce code. (6) Les administrateurs d'une administration portuaire doivent prendre toutes les mesures necessaires pour veiller a ce que celle -ci et ses filiales a cent pour cent se conforment aux pa- ragrapher (5) et, s'il y a lieu, (5.1), et a ce que tout contrat de sous - traitance resultant directe- ment on indirectement d'un contrat vise an pa- ragraphe (5) mentionne expressement que l'ad- ministration portuaire on la filiale, selon le cas, conclut le contrat pour son propre compte et non a titre de mandataire de Sa Majeste du chef du Canada. (7) En cas de violation des paragraphes (5), (5.1) ou (6) on de Particle 30.1, le ministre des Finances pent, sur recommandation du ministre des Transports, imposer au pouvoir d'emprunt de 1'administration portuaire on de la filiale concern6e les limites qu'il estime dans l'interet public, notamment quant aux modalites de temps et aux conditions de l'operation d'em- prunt. (8) Il demeure entendu que l'imposition de limites an pouvoir d'emprunt de 1'administra- tion portuaire on de la filiale en vertu du para- graphe (7) on l'imposition de toute autre forme de limite ou de controle par le ministre, un autre membre du Conseil priv6 de la Reine pour le Canada on le gouverneur en conseil, no- tamment par voie de lettres patentes ou d'une autre forme d'autorisation, n'a pas pour effet d'etendre la port6e de leur designation even - tuelle de mandataires de Sa Majeste du chef du Canada an dela de ce que prevoit Particle 7. PA 196 Code regissant le pouvoir d'emprunt Responsabilit6 des administra- teurs Limites an pouvoir d'emprunt Statut de non- mandataire de Sa Majest6 Maritime du Canada — 26 fevrier 2011 Obligation when (9) A port authority, or a wholly -owned sub- contracting as sidiary of a port authority, that enters into a agent of the Crown contract as an agent of Her Majesty in right of Canada is bound by the contract and is respon- sible to Her Majesty for the performance of obligations to other parties under the contract. Existing uses (10) Except for a use authorized under this Act, a port authority may continue to use any real property or immovable that it manages, holds or occupies for any purpose for which the real property or immovable was used on June 1, 1996 in the case of a port authority referred to in section 12, or the date of issuance of its let- ters patent in any other case, but, if the port au- thority ceases to use it for that purpose at any time, the port authority may not reinstitute the use. Restrictions — (11) The directors of a port authority shall subsidiaries take all necessary measures to ensure that its wholly -owned subsidiaries Provisions applicable to subsidiary Existing activities Restriction on corporate activities (a) have and exercise only the powers au- thorized in the letters patent of the port au- thority; (b) carry on only the activities authorized in the letters patent; and (c) do not exercise any power or carry on any activity in a manner contrary to the let- ters patent or this Act. (12) The Governor in Council may declare that any provision of this Part that applies only to port authorities applies to a wholly -owned subsidiary of a port authority. In that case, the provision applies to the subsidiary as if it were a port authority, with such modifications as the circumstances require. (13) A wholly -owned subsidiary of a port authority may continue to carry on any activity or exercise any power that it carried on or exer- cised on December 1, 1995 but, if the sub- sidiary ceases to carry on the activity or exer- cise the power at any time, it may not recommence it unless the activity or power is authorized in the letters patent. (14) Unless the letters patent of a port au- thority provide otherwise, the port authority or a wholly -owned subsidiary of the port authority shall not (9) L'administration portuaire ou la filiale a cent pour cent d'une administration portuaire qui conclut un contrat a titre de mandataire de Sa Majeste du chef du Canada est liee par le contrat et responsable envers Sa Majeste de 1'execution des obligations a 1'egard des autres parties au contrat. (10) Exception faite des utilisations autori- sees sous le regime de la presente loi, 1'admi- nistration portuaire peut continuer a utiliser les immeubles et les biens reels qu'elle gere, de- tient ou occupe aux fins auxquelles ils etaient utilises le J,r juin 1996 dans le cas des adminis- trations portuaires visees A Particle 12 ou le jour de la delivrance de ses lettres patentes, dans les autres cas; la cessation de 1'utilisation rend impossible sa reprise. (11) Les administrateurs d'une administra- tion portuaire sont tenus de prendre toutes les mesures necessaires pour veiller A ce que les fi- liales A cent pour cent de 1'administration n'aient et n'exercent que les pouvoirs et activi- tes autorises dans les lettres patentes de celle -ci et de plus A ce qu'elles n'exercent aucun de ces pouvoirs ou activites d'une fagon incompatible avec les lettres patentes ou la presente loi. (12) Le gouverneur en conseil peut rendre applicable aux filiales A cent pour cent des ad- ministrations portuaires, comme s'il s'agissait d'administrations portuaires, avec les adapta- tions necessaires, toute disposition de la pre- sente partie qui s'applique uniquement aux ad- ministrations portuaires. (13) La filiale A cent pour cent d'une admi- nistration portuaire peut continuer A exercer les pouvoirs et les activites qu'elle exergait le let decembre 1995; les pouvoirs et les activites qu'elle cesse d'exercer apres cette date ne peuvent etre exerces de nouveau que si les lettres patentes le lui permettent. (14) Sous reserve de ses lettres patentes, it est interdit A une administration portuaire ou A toute filiale A cent pour cent de celle -ci : a) de demander la constitution d'une societe dont les actions, au moment de sa constitu- 21 197 Capacit6 contractuelle Utilisation anterieure des immeubles et des biens reels Responsabilite des administra- teurs Application de certaines dispositions Activit6s anterieures Restrictions Powers of port authority re railways Application of other Acts Airport operation Canada Marine — February 26, 2011 (a) cause the incorporation of a corporation whose shares on incorporation would be held by, on behalf of or in trust for the port au- thority or subsidiary; (b) acquire shares of a corporation to be held on behalf of or in trust for the port authority or subsidiary; (c) acquire all or substantially all of the as- sets of another corporation; (d) sell or otherwise dispose of shares of a wholly -owned subsidiary of the port authori- ty; or (e) cause the dissolution or amalgamation of a wholly -owned subsidiary of the port au- thority. 1998, c. 10, s. 28; 2001, c. 4, s. 138; 2008, c. 21, s. 17. 29. (1) Subject to its letters patent, to any other Act and to any regulations made under any other Act, a port authority may (a) construct, purchase, lease, operate and maintain railways on lands it manages, holds or occupies; (b) enter into agreements with any person for the maintenance of the railways referred to in paragraph (a) and for their operation, in a manner that will provide all railway com- panies whose lines reach the port with the same facilities for traffic as those enjoyed by that person; and (c) enter into arrangements with any person for facilitating traffic to, from or within the limits of the port. (2) A railway referred to in paragraph (1)(a) is not subject to Part III of the Canada Trans- portation Act but the Governor in Council may make regulations applying any provision of the Railway Safety Act and any regulations made under that Act to such a railway. (3) Subject to its letters patent, to any other Act, to any regulations made under any other Act and to any agreement with the Government of Canada that provides otherwise, a port au- thority that operates an airport shall do so at its own expense. tion, seraient detenues par elle, en son nom ou en fiducie pour elle; b) d'acquerir des actions d'une societe qui, au moment de 1'acquisition, seraient dete- nues par elle, en son nom on en fiducie pour elle; c) d'acquerir la totalite on la quasi - totalite des elements d'actif d'une autre societe; d) de vendre ou, de fagon generale, ceder les actions d'une filiale a cent pour cent d'une administration portuaire; e) de demander la dissolution ou la fusion d'une filiale a cent pour cent d'une adminis- tration portuaire. 1998, ch. 10, art. 28; 2001, ch. 4, art. 138; 2008, ch. 21, art. 17. 29. (1) Sous reserve de ses lettres patentes, des autres lois federales et de leurs reglements d'application, une administration portuaire peut: a) construire, acheter, louer, exploiter et en- tretenir un chemin de fer sur des terrains dont la gestion lui est confiee on qu'elle de- tient ou occupe; b) conclure des contrats relatifs a 1'entretien et a 1'exploitation de ce chemin de fer, veillant a ce que toutes les compagnies de chemin de fer dont les lignes aboutissent an port jouissent des memes avantages en ma- tiere de mouvement que ceux dont jouit le cocontractant; c) conclure des arrangements destines a faci- liter la circulation dans le perimetre portuaire on dans ses voies d'acces. (2) Le gouverneur en conseil peut, par regle- ment, rendre applicable toute disposition de la Loi sur la securite ferroviaire et de ses regle- ments d'application a un chemin de fer vise a 1'alinea (1) a); toutefois, la partie III de la Loi sur les transports au Canada ne lui est pas ap- plicable. (3) Sous reserve de ses lettres patentes, des autres lois federales et de leurs reglements d'application ou d'une entente contraire avec le gouvernement du Canada, 1'administration por- tuaire qui exploite un aeroport doit le faire a ses frais. 22 •m Construction de chemins de fer Application d'autres lois Exploitation d'un aeroport Acquisition, lease or license of real property and immovables Temporary use Application of provincial law Navigable Waters Protection Act Land -use plan Contents of plan Canada Marine — February 26, 2011 (2.1) The port authority may acquire, lease as lessee or license as licensee real property or immovables other than federal real property or federal immovables, if supplementary letters patent have been issued. (2.2) A port authority may lease or license any real property or immovable it holds, other than federal real property or federal immov- ables, for temporary use under paragraph 28(2)(b). (3) A grant may be effected by any instru- ment by which an interest in real property or a right in an immovable may be granted by a pri- vate person under the laws in force in the province in which the federal real property or federal immovable is situated. 1998, c. 10, s. 46; 2001, c. 4, s. 141; 2008, c. 21, s. 25. 47. The Navigable Waters Protection Act does not apply to a work, within the meaning of that Act, that has been exempted by a regula- tion made under section 62. 1998, c. 10, s. 47; 2008, c. 21, s. 26. 48. (1) A port authority shall, within twelve months after the issuance of its letters patent, develop a detailed land -use plan that contains objectives and policies for the physical devel- opment of the real property and immovables that it manages, holds or occupies and that takes into account relevant social, economic and environmental matters and zoning by -laws that apply to neighbouring lands. (2) The land -use plan may (a) prohibit the use of some or all of the real property and immovables for, or except for, certain purposes; (b) prohibit the erecting of structures or works or certain types of structures or works; and (c) subject to any regulations made under section 62, regulate the type of structures or works that may be erected. (2.1) Toute administration portuaire peut ac- qu6rir ou loner a titre de locataire un immeuble ou un bien r6el, autre qu'un immeuble f6d6ral ou un bien r6el f6d6ral, on acqu6rir un permis a leur 6gard, si elle y est autoris6e au pr6alable par lettres patentes suppl&mentaires. (2.2) L'administration portuaire pent an titre de 1'alin6a 28(2)b) louer tout immeuble on bien r6el, autre qu'un immeuble f6d6ral ou bien r6el f6d&ral, qu'elle d6tient ou accorder des permis A leur 6gard pour une utilisation temporaire. (3) Les concessions peuvent &re faites par un acte qui, en vertu des lois de la province de situation de l'immeuble f6d6ral on du bien r6el f6d6ral, pent servir A faire des concessions entre sujets de droit priv6. 1998, ch. 10, art. 46; 2001, ch. 4, art. 141; 2008, ch. 21, art. 25. 47. La Loi sur la protection des eaux navi- gables ne s'applique pas aux ouvrages, au sens de cette loi, exempt6s par r6glement pris en vertu de Particle 62. 1998, ch. 10, art. 47; 2008, ch. 21, art. 26. 48. (1) Dans les douze mois suivant la d6li- vrance de leurs lettres patentes, les administra- tions portuaires sont tenues d'avoir un plan d6- tai116 d'utilisation des sols faisant 6tat des objectifs et politiques 6tablis pour 1'am&nage- ment physique des immeubles et des biens reels dont la gestion leur est confi6e ou qu'elles oc- cupent ou d6tiennent, compte tenu des facteurs d'ordre social, 6conomique et environnemental applicables et des r6glements de zonage qui s'appliquent aux sols avoisinants. (2) Les plans d'utilisation des sols peuvent: a) interdire 1'utilisation de la totalit6 ou d'une partie des immeubles et des biens reels A certaines fins ou la limiter A certaines fins d6termin6es; b) interdire la construction de batiments ou d'ouvrages ou d'un certain type de batiments ou d'ouvrages; c) sous r6serve des r6glements d'application de Particle 62, r6glementer les caract&ris- tiques des batiments on ouvrages qui peuvent titre construits. Existing (3) A land -use plan shall not have the effect (3) Un plan d'utilisation des sols ne pent structures of preventing avoir pour effet d'empecher: 32 199 Acquisition d'immeuble on de bien r6el Utilisation temporaire Application du droit provincial Loi sur la protection des eaux navigables Plan d'utilisa- tion des sols Contenu des plans Batiments existants Publication of notice Content of notice Maritime du Canada — 26 fevrier 2011 (a) the use of any real property or immov- able existing on the day on which the land - use plan comes into force for the purpose for which it was used on that day, so long as it continues to be used for that purpose; or (b) the erecting or alteration of a structure or work that was authorized before the day on which the land -use plan comes into force if the erecting or alteration is carried out in ac- cordance with the authorization. (4) A port authority shall, at least sixty days before the coming into force of a land -use plan, have notice of the plan published in a major newspaper published or distributed in the place where the port is situated. (5) The notice shall include information as to where a copy of the plan, including any re- lated documents necessary to understand it, may be obtained and an invitation to any inter- ested person to make representations to the port authority with respect to the proposed plan within those sixty days and to attend a public meeting at a specified time and place. Adoption ofplan (6) After the port authority considers any representations made by interested persons with respect to a proposed plan, it may adopt the plan. Notice of adopted plan Exception (7) The port authority shall have notice of each land -use plan that it adopts, together with notice of the place at which a copy of the plan may be obtained, published in a major newspa- per published or distributed in the place where the port is situated. (8) A port authority need not comply with subsections (4) to (7) in respect of a proposed land -use plan that (a) has previously been published pursuant to subsection (4), whether or not it has been changed as a result of representations made pursuant to subsection (5); or (b) makes no substantive change to an exist- ing plan. Statutory (9) Land -use plans are not regulations with- Instruments Act in the meaning of the Statutory Instruments Act. 1998, c. 10, s. 48; 2001, c. 4, s. 142. a) 1'utilisation d'un immeuble on d'un bien reel existant, dans la mesure ofu 1'utilisation demeure celle qui en etait faite le jour de 1'entr6e en vigueur du plan; b) la construction ou la modification d'un batiment on d'un ouvrage qui a ete autoris6e avant cette entree en vigueur dans la mesure ou la construction on la modification est conforme a 1'autorisation. (4) An moins soixante jours avant la date d'entr6e en vigueur du plan d'utilisation des sols, 1'administration portuaire est tenue d'en faire publier un avis dans un journal A grand ti- rage du lieu ofi est situ6 le port. (5) L'avis donne le lieu ofi it est possible de se procurer un exemplaire du projet de plan et des documents connexes n6cessaires A sa com- pr6hension complete, et invite les int6ress6s A faire parvenir leurs observations sur le projet A 1'administration avant 1'expiration de ce d6lai de soixante jours et A assister A la r6union pu- blique dont les date, heure et lieu sont 6gale- ment mentionn6s dans 1'avis. (6) L'administration portuaire peut adopter le projet de plan d'utilisation des sols apr&s avoir pris connaissance des observations qui ont pu lui titre presentees. (7) L'administration portuaire est tenue de faire publier dans un journal A grand tirage du lieu ofx est situ& le port un avis de 1'adoption de son plan d'utilisation des sols; 1'avis donne le lieu ofx it est possible de se procurer un exem- plaire du plan. (8) L'administration portuaire n'a pas A se conformer aux paragrapher (4) A (7) A 1'6gard du projet de plan d'utilisation des sols qui, se- Ion le cas : a) a d&jA fait 1'objet d'un avis publi6 en conformite avec le paragraphe (4), m6me si le plan a 6t6 modifi6 A la suite d'observations presentees conform6ment au paragraphe (5); b) n'apporte pas de modification de fond an plan en vigueur. (9) Les plans d'utilisation des sols ne sont pas des r6glements an sens de la Loi sur les textes reglementaires. 1998, ch. 10, art. 48; 2001, ch. 4, art. 142. 33 200 Publication d'un avis Contenu de 1'avis Adoption du plan Avis d'adoption Exception Lot sur les textes reglementaires Defence available in certain cases Proof of offence by ship Application to military and police ships Order and safety Marine transportation security Maritime du Canada — 26 fevrier 2011 (2) It is a defence to a charge under subsec- tion (1) that the master, the person in charge of the deck watch or other person in charge of the ship or the pilot (a) had reasonable grounds to believe that compliance would have imperilled life, the ship or any other ship or any property; and (b) in the case of a charge under paragraph (1)(b), had notified the person designated un- der subsection 58(1) of the non - compliance and of the reasons for it as soon as possible after it took place. (3) Where a ship is prosecuted for an of- fence under this section, it is sufficient proof that the ship has committed the offence to es- tablish that the act or omission that constitutes the offence was committed by the master of the ship or any person on board the ship, whether or not the person on board has been identified. 1998, c. 10, s. 59; 2008, c. 21, s. 32. 60. For greater certainty, Canadian war- ships, naval auxiliary ships and other ships un- der the command of the Canadian Forces, ships of a visiting force within the meaning of the Visiting Forces Act and any other ships while they are under the command of the Royal Canadian Mounted Police have access to Cana- dian ports. ORDER AND SAFETY 61. (1) Subject to any regulations made un- der section 62, a port authority shall take appro- priate measures for the maintenance of order and the safety of persons and property in the port. (2) Subject to any regulations made under the Marine Transportation Security Act, a port authority shall take appropriate measures for the maintenance of marine transportation secu- rity. 1998, c. 10, s. 61; 2008, c. 21, s. 33. REGULATIONS (2) Constitue un moyen de d6fense a une ac- cusation pour une infraction vis6e an para- graphe (1) le fait, pour le capitaine, l'officier de quart a la passerelle on toute autre personne responsable du navire on pour le pilote : a) d'avoir eu des motifs raisonnables de croire qu'ob6ir aurait mis en danger des vies, le navire, un autre navire on tout autre bien; b) dans le cas d'une accusation pour une in- fraction vis6e a 1'alin&a (1) b), d'avoir avis6 la personne nomm&e en vertu du paragraphe 58(1) aussit6t que possible de la contraven- tion et de ses motifs d'agir ainsi. (3) Lorsqu'un navire est poursuivi pour in- fraction au pr6sent article, it suffit pour 6tablir Finfraction de prouver que Facte on Fomission qui la constitue est le fait du capitaine ou d'une autre personne a bord du navire, que celle -ci soit identifiee on non. 1998, ch. 10, art. 59; 2008, ch. 21, art. 32. 60. Il est declar6 pour plus de certitude que les navires de guerre canadiens, les navires auxiliaires de la marine, les navires plac6s sous le commandement des Forces canadiennes, les navires de forces 6trangeres pr6sentes an Canada au Sens de la Loi sur les forces &ran - geres presentes au Canada et les navires plac6s sous le commandement de la Gendarmerie royale du Canada ont acces aux ports cana- diens. MAINTIEN DE CORDRE ET DE LA SECURITE DES PERSONNES ET DES BIENS 61. (1) Sous r6serve des reglements d'appli- cation de Particle 62, les administrations por- tuaires sont tenues de prendre les mesures ne'- cessaires en vue du maintien de l'ordre et de la s6curit6 des personnel et des biens dans le port. (2) Sous r6serve des reglements pris en ver- tu de la Loi sur la surete du transport maritime, les administrations portuaires sont tenues de prendre les mesures n6cessaires en vue du maintien de la suret6 du transport maritime. 1998, ch. 10, art. 61; 2008, ch. 21, art. 33. R$GLEMENTS Regulations 62. (1) For the purposes of this Part, the 62. (1) Pour 1'application de la pr6sente Governor in Council may make regulations re- partie, le gouverneur en conseil peut prendre specting des reglements concernant : 41 201 Moyen de d6fense Preuve d'une infraction par un navire Navires militaires Maintien de Fordre et de la s6curit6 des personnes et des biens S&W du transport maritime R6glements Application Application to Crown Transitional Canada Marine — February 26, 2011 (a) the navigation and use by ships of the navigable waters in a port, including the mooring, berthing and loading and unloading of ships and equipment for the loading and unloading of ships; (b) the use and environmental protection of a port, including the regulation or prohibition of equipment, structures, works and opera- tions; (c) the removal, destruction or disposal of any ship, part of a ship, structure, work or other thing that interferes with navigation in a port and provision for the recovery of the costs incurred; (d) the maintenance of order and the safety of persons and property in a port; (d.1) the information or documents that must be provided by the owner or the person in charge of a ship to the port authority; (e) the regulation of persons, vehicles or air- craft in a port; (f) the regulation or prohibition of the exca- vation, removal or deposit of material or of any other action that is likely to affect in any way the navigability of a port or to affect any of the lands adjacent to a port; (g) the regulation or prohibition of the trans- portation, handling or storing, in a port, of explosives or other substances that, in the opinion of the Governor in Council, consti- tute or are likely to constitute a danger or hazard to life or property; and (h) the obligations of a port authority in re- spect of federal real property and federal im- movables under the management of the port authority. (2) A regulation made under subsection (1) may apply to only one port. (3) A regulation made under subsection (1) may be made binding on Her Majesty in right of Canada or a province. a) la navigation et l'usage des eaux navi- gables par les navires dans le port, y compris le mouillage, 1'amarrage, le chargement et le d6chargement de ceux -ci, ainsi que 1'6quipe- ment de chargement et de d6chargement; b) l'usage du port, la protection de son envi- ronnement, y compris la r6glementation ou l'interdiction de 1'6quipement, de batiments, d'ouvrages on d'activit&s; c) Penlevement ou la disposition, notam- ment par destruction, de navires on de toutes parties s'en &tant d6tach6es, de batiments, d'ouvrages on d'autres choses qui g6nent la navigation dans le port, et le recouvrement des couts aff6rents; d) le maintien de l'ordre et la s6curit6 des personnes et des biens dans le port; d.1) les renseignements et documents que doit fournir le propri6taire ou la personne responsable du navire a Padministration por- tuaire; e) la r6glementation des personnes, v6hi- cules et a6ronefs dans le port; J) la r6glementation y compris Pinterdic- tion — de Pexcavation, de 1'enl&vement on du d6p6t de mat6riaux ou de toute autre acti- vit6 de nature a avoir un effet quelconque sur la navigability d'un port ou sur les terrains voisins; g) la r6glementation — y compris Pinterdic- tion — du transport, de 1a manipulation et du stockage dans le port d'explosifs ou d'autres substances qui, a son avis, constituent un danger — r6el ou potentiel — pour les per - sonnes ou les biens; h) les obligations d'une administration por- tuaire a 1'&gard des immeubles f6d6raux et des biens r6els f6d6raux plac6s sous sa ges- tion. (2) Les r6glements pris en vertu du para- graphe (1) peuvent ne s'appliquer qu'a un seul port. (3) Les reglements pris en vertu du para- graphe (1) peuvent titre rendus obligatoires pour Sa Majesty du chef du Canada ou d'une province. (4) Subject to subsection 49(6), any regula- (4) Sous r6serve du paragraphe 49(6), les r6- tions made before the coming into force of this glements pris avant Pentr6e en vigueur du pr6- 42 202 Application Obligation de Sa Majestk Mesure transitoire Powers re airport regulations Regulating airports Regulations Application to Crown Transitional Maritime du Canada — 26 fevrier 2011 section with respect to a port in respect of which letters patent are issued to a port authori- ty shall, to the extent that they are compatible with this Act, continue in force for a period ending on the earlier of the expiration of twelve months after the letters patent are issued and the date on which regulations to replace them are made under subsection (1) with respect to that port. 1998, c. 10, s. 62; 2001, c. 4, s. 143; 2008, c. 21, s. 34. 63. (1) A port authority has, in respect of the operation of an airport, the power to enforce regulations made by the Minister for the pur- pose of providing unobstructed airspace for the landing and taking off of aircraft at the airport. (2) Subject to its letters patent, a port au- thority (a) shall make regulations in accordance with any agreement entered into by it with respect to an airport before the coming into force of this subsection; and (b) may make regulations with the approval of the Governor in Council if there is no such agreement. (3) The regulations referred to in subsection (2) are for the regulation and control of the air- port and all persons engaged in the operation of aircraft at the airport, including regulations pro- hibiting the landing or taking off of aircraft of a certain type or aircraft exhibiting a certain char- acteristic. (4) A regulation made under subsection (2) may be made binding on Her Majesty in right of Canada or a province. (5) Subject to subsection 49(6), any regula- tions made with respect to an airport before the coming into force of subsection (2) by a body that becomes a port authority under section 12 shall, to the extent that they are compatible with this Act, continue in force for a period ending on the earlier of (a) the expiration of 12 months after letters patent are issued in respect of the port au- thority, and sent article relativement a un port vise par les lettres patentes d6livrees a une administration portuaire sont, dans la mesure de leur compati- bilitb avec la pr6sente loi, maintenus en vigueur pour une p6riode prenant fin a la date du pre- mier anniversaire de la prise d'effet des lettres patentes ou, si elle est ant6rieure, a la date a la- quelle de nouveaux reglements sont pris en ver- tu du paragraphe (1) relativement a ce port en remplacement des premiers. 1998, ch. 10, art. 62; 2001, ch. 4, art. 143; 2008, ch. 21, art. 34. 63. (1) L'administration portuaire a le droit, en ce qui a trait a 1'exploitation d'un a6roport, de mettre en application les reglements pris par le ministre afin d'assurer un eepace a6rien sans obstacles pour le d6collage et 1'atterrissage des a6ronefs a 1'a6roport. (2) Sous r6serve de ses lettres patentes, 1'ad- ministration portuaire prend les reglements pr6- vus par toute entente qu'elle a conclue avant 1'entrbe en vigueur du pr6sent paragraphe; elle peut aussi, avec 1'agr6ment du gouverneur en conseil, prendre des reglements lorsqu'il n'y a pas d'entente. (3) Les reglements pr6vus au paragraphe (2) sont ceux pris pour r6glementer et contr6ler 1'a6roport et les personnel qui utilisent un a6ro- nef a 1'a6roport, y compris pour interdire Fat - terrissage et le d6collage d'a6ronefs d'un cer- tain type ou d'a6ronefs pr6sentant certaines caract6ristiques. (4) Les reglements pris en vertu du para- graphe (2) peuvent titre rendus obligatoires pour Sa Majesty du chef du Canada ou d'une province. (5) Sous r6serve du paragraphe 49(6), tout reglement concernant un a6roport, pris avant 1'entr6e en vigueur du paragraphe (2) par un or- ganisme qui devient une administration por- tuaire sous le r6gime de Particle 12, reste en vi- gueur pendant les douze mois qui suivent la d6livrance des lettres patentes de 1'administra- tion portuaire ou, si elle est ant6rieure a 1'expi- ration de cette p6riode, jusqu'a la date a la- quelle un reglement le remplarant est pris en vertu du paragraphe (2) relativement a cet a6ro- port. 43 203 Pouvoir d'application des r6glements R6glementation des a6roports Rbglements Obligation de Sa Majest6 Mesures transitoires 204 Appendix B: Saint John Port Authority Letters Patent 205 206 152 Supplement to the Canada Gazette, Saint John Port Authority May 1, 1999 investigation or review by the Minister contemplated by sec- tion 6.7 discloses amounts owed by the Minister to the Authority, the Authority shall be entitled to set -off such amount against any payment owed to the Minister by the Authority. 6.9 Interest on Outstanding Amounts. Interest shall accrue an- nually on any outstanding balance owing to the Minister in re- spect of a Gross Revenue Charge payment or any payment to be made by the Authority or the Minister in connection with a read- justment of a Gross Revenue Charge payment, at the interest rate equal to the prime rate of interest established by the Bank of Can- ada from time to time plus 2 %. 6.10 Certificate of Good Standing. Forthwith, upon receipt from the Authority of the full amount of the Gross Revenue Charge for a particular Fiscal Year, the Minister shall issue to the Authority a certificate of good standing in a form to be determined by the Minister confirming that the Letters Patent are in good standing as of the date of the certificate. Provided there are no amounts owing to the Minister by the Authority under this Article 6, in- cluding any amounts owed pursuant to an adjustment of the Gross Revenue Charge under section 6.7, the Minister shall, upon re- quest by the Authority at any time during a Fiscal Year, issue a certificate of good standing to the Authority confirming the Let- ters Patent are in good standing as of the date of the certificate. ARTICLE 7 ACTIVITIES AND POWERS OF THE AUTHORITY AND SUBSIDIARIES 7.1 Activities of the Authority Related to Certain Port Opera- tions. To operate the port, the Authority may undertake the port activities referred to in paragraph 28(2)(a) of the Act to the extent specified below: (a) development, application, enforcement and amendment of rules, orders, bylaws, practices or procedures and is- suance and administration of authorizations respecting use, occupancy or operation of the port and enforcement of Regulations or making of Regulations pursuant to section 63(2) of the Act; (b) creation, imposition, collection, remission or reim- bursement or other fixing or acceptance of fees or charges authorized by the Act including the fixing of the interest rate that the Authority charges on overdue fees; (c) management, leasing or licensing the federal real prop- erty described in Schedule B or described as federal real property in any supplementary letters patent, subject to the restrictions contemplated in sections 8.1 and 8.3 and provided such management, leasing or licensing is for, or in connection with, the following: (i) those activities described in sections 7.1 and 7.2; (ii) those activities described in section 7.3 provided such activities are carried on by Subsidiaries or other third parties pursuant to leasing or licensing arrangements; (iii) the following uses to the extent such uses are not described as activities in sections 7.1, 7.2 or 7.3: (A) uses related to shipping, navigation, trans- portation of passengers and goods, handling of goods and storage of goods, including the following uses to or for users of the port in connection with their use of the port and its une verification, une enquete on un examen du ministre prevu an paragraphe 6.7 revele des montants que doit le ministre a 1'Administration, 1'Administration est habilitee a operer compen- sation entre ce montant et tout paiement qu'elle doit au ministre. 6.9 Interet sur les montants en souffrance. Des interets s'accumulent annuellement sur les soldes impayes an ministre relativement aux frais sur les revenus bruts ou tout autre paiement que doit faire 1'Administration on le ministre a titre de rajuste- ment au paiement des frais sur les revenus bruts an taux d'interet correspondant an taux d'interet preferentiel etabli par la Banque du Canada de temps a autre plus 2 %. 6.10 Certificat de conformite. Des reception du montant total des frais sur les revenus bruts de l'Administration pour un exer- cise donne, le ministre doit delivrer a 1'Administration un certifi- cat de conformite, en la forme qu'il determine, confirmant que les lettres patentes sont maintenues en vigueur a la date indiquee sur le certificat. A condition qu'il n'y ait aucun montant du an minis- tre par 1'Administration en vertu du present article 6, notamment tout montant du par suite d'un rajustement des frais sur les reve- nus bruts prevu an paragraphe 6.7, le ministre doit, sur demande de 1'Administration et en tout temps an cours de 1'exercice, deli - vrer un certificat de conformite a 1'Administration confirmant que les lettres patentes sont maintenues en vigueur a la date indiquee sur le certificat. ARTICLE 7 ACTIVITES ET POUVOIRS DE L'ADMINISTRATION ET DES FILIALES 7.1 Activites de 1'Administration liees a certaines operations portuaires. Pour exploiter le port, 1'Administration peut se livrer aux activites portuaires mentionnees a 1'alinea 28(2)a) de la Loi dans la mesure precisee ci- dessous : a) elaboration, application, contr6le d'application et modi- fication de regles, d'ordonnances, de reglements admi- nistratifs, de pratiques et de procedures; delivrance et administration de permis concernant Futilisation, 1'oc- cupation on 1'exploitation du port; contr6le d'appli- cation des reglements on prise de reglements confor- mement an paragraphe 63(2) de la Loi; b) creation, imposition, perception, remise ou rembourse- ment, on autre etablissement on acceptation de droits on de frais autorises par la Loi, notamment 1'etablissement du taux d'interet impose par 1'Administration sur les droits impayes; 207 c) sous reserve des restrictions prevues aux paragra- phes 8.1 et 8.3, gestion, location on octroi de permis relativement aux immeubles federaux decrits a 1'annexe « B » on dans des lettres patentes supplemen- taires comme etant des immeubles federaux, a condition que la gestion, la location on Foctroi de permis vise ce qui suit : (i) les activites decrites aux paragraphes 7.1 et 7.2; (ii) les activites decrites an paragraphe 7.3 pourvu qu'elles soient menees par des filiales on des tierces parties conformement aux arrangements de location on d'octroi de permis; (iii) les utilisation suivantes dans la mesure oii elles ne figurent pas dans les activites decrites aux pa- ragraphes 7.1, 7.2 on 7.3 : (A) utilisations liees a la navigation, an transport des passagers et des marchandises et a la Le 1" mai 1999 Supplement d la Gazette du Canada, Administration portuaire de Saint -Jean 153 facilities: marine and marina services; ferry operations; towing services; research ser- vices or facilities; processing work inciden- tal to the handling or shipping of goods through the port to the extent compatible with the land -use plan for the port; restau- rants, retail operations, tourist services and similar tourism- related activities located in passenger terminal facilities provided such uses are related to the transportation of pas- sengers through the port and are compatible with the land -use plan for the port; and movement of utilities; (B) provision of municipal services or facilities in connection with such federal real prop- erty; the Saint John Harbour Bridge; public parks, recreation and social services; and marine related activities carried on by gov- ernment departments or agencies; (C) processing of goods to the extent compatible with port operations and the land -use plan for the port and without compromising the ability of the port to operate port facilities over the long term; food, beverage and retail services in support of the local tourism in- dustry; media productions; residual office premises; and (D) government sponsored economic develop- ment initiatives approved by Treasury Board; provided such uses are carried on by Subsidiaries or other third parties pursuant to leasing or licens- ing arrangements; (d) exchanging federal real property described in Sched- ule B or described as federal real property in any supplementary letters patent for other real property of comparable market value subject to the issuance of supplementary letters patent that describe the other real property as federal real property; (e) granting over federal real property described in Sched- ule B or described as federal real property in any sup- plementary letters patent, road allowances or easements, rights of way or licences for utilities, service or access; (f) mortgaging, pledging or otherwise creating a security interest in any fixture on federal real property described in Schedule B or as federal real property in any supple- mentary letters patent provided that: (i) such mortgage, pledge or other security interest charges only the fixture or fixtures which is ac- quired, built, restored, enhanced or replaced with proceeds received by the Authority and secured by such mortgage, pledge or other security inter- est; and (ii) the party receiving such mortgage, pledge or other security interest agrees that upon the exercise of the right to remove such fixture from the federal real property such exercise shall be conducted in a manner that causes no greater damage or injury to such federal real property and to the other prop- erty situated on it or that puts the occupier of the federal real property or the Authority to no greater inconvenience than is necessarily incidental to the removal of the fixture; (g) disposition of any fixtures on federal real property de- scribed in Schedule B or as federal real property in any 1: manutention et a 1'entreposage des mar - chandises, notamment les utilisations sui- vantes a Pintention des utilisateurs du port, relativement a 1'utilisation qu'ils font du port et de ses installations : services mari- times et de marina; services de traversier; services de remorquage; services on instal- lations de recherche; travaux de traitement accessoires a la manutention on a 1'exp6di- tion de marchandises transitant par le port dans la mesure ofx ces utilisations sont com- patibles avec le plan d'utilisation des sols pour le port; restaurants, commerces an d&- tail, services de tourisme et activit &s li &es au tourisme semblables situ &es dans des instal- lations terminates pour passagers pourvu que ces utilisations soient li &es an transport des passagers dans le port et qu'elles soient compatibles avec le plan d'utilisation des sols pour le port; et d &placement de services publics; (B) prestation de services ou d'installations municipaux relativement a ces immeubles f &d&raux; du pont du port de Saint John; de pares et de services r&cr&atifs; de services sociaux; et d'activit &s maritimes exer- c &es par des minist&res on organismes gouvernementaux; (C) traitement de marchandises dans la mesure ou ces utilisations sont compatibles avec les activit &s du port et le plan d'utilisations de sols pour le port et ou elles n'empechent pas 1'Administration d'exploiter les installations portuaires a long terme; services alimen- taires et de commerce an detail a 1'appui de 1'industrie touristique locale; production des m&dias; et location d'espace a bureaux r&siduel; (D) projets de d&veloppement &conomique &ma- nant du gouvernement et approuv &s par le Conseil du Tr&sor; pourvu qu'elles soient men &es par des filiales ou des tierces parties conform&ment aux arrange- ments de location on d'octroi de permis; d) &change d'immeubles federaux d&crits a 1'annexe « B » on dans des lettres patentes suppl&mentaires comme &tant des immeubles f&d&raux pour d'autres immeubles, dont la valeur marchande est comparable, sous r &serve de la d&livrance de lettres patentes suppl&mentaires qui d&crivent les autres immeubles comme &tart des im- meubles f&d&raux; e) octroi d'emprises routi&res, de servitudes on de permis pour des droits de passage on d'acc &s on des services publics visant des immeubles f&d&raux decrits a 1'an- nexe « B » on dans des lettres patentes suppl&mentaires comme &tant des immeubles f&d&raux; f) fait d'hypoth&quer, de donner en gage on autrement de cr&er une suret& relativement a tout accessoire fix& a demeure sur les immeubles f&d&raux decrits a 1'an- nexe « B » on dans des lettres patentes suppl&mentaires comme &tant des immeubles f&d&raux a condition que (i) 1'hypotUque, le gage ou la suret& ne vise que 1'acquisition, la construction, la restauration, 1'am6lioration ou le remplacement d'un tel 154 Supplement to the Canada Gazette, Saint John Port Authority May 1, 1999 supplementary letters patent whether by way of removal, accessoire fix6 a demeure an moyen des produits demolition, sale, lease, license or exchange; financiers que regoit 1'Administration et qui sont (h) construction, establishment, repair, maintenance, opera- garantis par 1'hypoth&que, le gage on la suret6; tion, dredging, removal or demolition of: (ii) la partie qui regoit cette hypoth&que, ce gage on (i) disposal sites for carrying out the activities con- cette suret6 convient que, lorsqu'elle exercera son templated by section 7.1U)(ii); droit d'enlever 1'accessoire fix6 a demeure sur les (ii) berths, wharves, piers, anchorages, breakwaters, immeubles f6d6raux, elle proc6dera de fagon a ne waterways, or fill sites; causer aux immeubles f6d6raux et aux autres (iii) facilities or equipment for finish or assembly biens s'y trouvant on a 1'occupant des immeubles f6d6raux on a 1'Administration que le dommage work incidental to the handling or shipping of ou les inconv6nients n6cessairement accessoires a goods; 1'enl6vement de 1'accessoire fix6 a demeure; (iv) transportation, terminal, warehousing and port g) ali6nation de tout accessoire fix6 a demeure sur des im- facilities or equipment; or meubles fM&aux d6crits a 1'annexe « B » ou dans des (v) office premises to be utilized by the Authority in lettres patentes suppl6mentaires comme 6tant des im- the conduct of their activities; meubles f6d6raux, soit par enlevement, demolition, within the port or for users of the port in connection vente, location, octroi de permis on 6change; with their use of the port and its facilities; h) construction, 6tablissement, r6paration, entretien, ex- (i) operation or maintenance of a seaport, marina, or ploitation, dragage, enlevement ou demolition de : railway: (i) d6charges pour effectuer les activit6s d6crites an (i) within the port; or sous- alin6a 7.1j)(ii); (ii) within the municipality named in section 4.6(b) of (ii) mouillages, quais, jetties, postes d'amarrage, these Letters Patent if for users of the port in con- brise - lames, voies navigables, ou sites nection with their use of the port and its facilities; d'enfouissement; (j) the provision of services or carrying out of activities (iii) installations on 6quipements pour travaux de fini - within the port or to or for users of the port in connec- tion ou d'assemblage accessoires a la manutention tion with their use of the port and its facilities as on a 1'exp&dition de marchandises; follows: (iv) installations on 6quipements de transport, de gare, (i) environmental assessment, audit, remediation, re- d'entrep6t ou de port; habilitation of port habitat or other services; (v) locaux devant We utilis6s par 1'Administration ou (ii) waste and dredgeate disposal (except that con- ses utilisateurs dans 1'exercice de leurs activites; taminated waste and dredgeate disposal services dans le p6rimetre du port on pour les utilisateurs du port can be provided only for users of the port in relativement a leur utilisation du port et de ses connection with their use of the port and its installations; facilities); i) exploitation on entretien d'un port de mer, d'une marina (iii) navigational services and aids; ou d'un chemin de fer : (iv) stevedoring services; (i) dans le p6rimetre du port, on (v) building, design, maintenance, engineering, repair (ii) dans les limites de la municipalit6 mentionn6e a and operation of vessels owned by the Authority 1'alin6a 4.6b) des lettres patentes, si ces installa- or leased by the Authority from third parties; tions visent les utilisateurs du port relativement a (vi) emergency planning and response including the leur utilisation du port et de ses installations; training of personnel in respect thereto; j) fourniture des services suivants, on ex6cution des activi- (vii) vehicle parking, control or marshalling facilities; t6s suivantes, dans le p6rimetre du port ou aux utilisa- (viii) manufacture or redistribution of utilities, includ- teurs du port on pour ceux -ci, relativement a leur utili- ing communication facilities, and telecommuni- sation du port et de ses installations : cation services; (i) services d'6valuation, de Wrification et d'assai- (ix) multi -modal facilities and services; niseement environnementaux, de r6habilitation du (x) transport services within the port or, within the milieu marin ou autres services; municipality named in section 4.6(b) of these (ii) enlevement des d6chets et des d6blais de dragage Letters Patent, to provide access to or from the (sauf que les services d'61imination des d6chets port and its facilities; contamin6s et des d6blais de dragage peuvent &re (xi) providing information and information technol- offerts uniquement aux utilisateurs du port dans le ogy to users of the port; cadre de l'utilisation qu'ils font du port et de ses (xii) salvage and seizure; installations); (xiii) warehousing and distribution of goods and (iii) services et aides a la navigation; services; (iv) services d'arrimage; (xiv) security services and dispatching services; (v) construction, conception, entretien, m6canique, (xv) harbour patrol services for the navigable waters of r6paration et exploitation de navires que possede the port; and ou que loue 1'Administration aupres de tiers; (xvi) providing expertise in connection with software (vi) planification et intervention d'urgence, notam- or know -how developed in the course of conduct- ment la formation du personnel qui en est charg6; ing the activities described in the provisions of (vii) stationnements, installations de contr6le on de this section 7.1; triage; 209 Le 1" mai 1999 Supplement d la Gazette du Canada, Administration portuaire de Saint -Jean 155 (k) undertaking research and development related to the ac- tivities described in this section 7.1; (Z) promoting, marketing, and undertaking public or gov- ernmental relations to promote use of the port; (m) producing, co- ordinating, sponsoring and hosting of public or civic events; (n) in pursuing or exercising the remedies available to it as lessor or licensor of premises on federal real property described in Schedule B or described as federal real property in any supplementary letters patent, the conduct of any business or activity from such premises for a pe- riod limited to one year unless supplementary letters patent are issued; and (o) carrying on activities described in section 7.1 on real property other than federal real property described in Schedule C or described as real property other than fed- eral real property in any supplementary letters patent, provided that in conducting such activities the Authority shall not enter into or participate in any commitment, agreement or other arrangement whereby the Authority is liable jointly or jointly and severally with any other person for any debt, obligation, claim or liability. 7.2 Activities of the Authority Necessary to Support Port Op- erations. To operate the port, the Authority may undertake the following activities which are deemed necessary to support port operations pursuant to paragraph 28(2)(b) of the Act: (a) subject to the provisions of Article 9 below: (i) borrowing money upon the credit of the Authority; (ii) limiting or increasing the amount to be borrowed; (iii) issuing bonds, debentures or other securities of the Authority; (iv) pledging or selling such bonds, debentures or other securities for such sums and at such prices as may be deemed expedient; (v) securing any such bonds, debentures or other se- curities, or any other present or future borrowing or liability of the Authority, by mortgage, charge, pledge or other security interest relating to all or any currently owned or subsequently acquired real and personal, movable and immovable, property and leasehold interests and reversionary interests (viii) production on redistribution des services publics, y compris les installations de communication et de telecommunication; (ix) installations et services multimodaux; (x) services de transport dans le perimetre du port on dans les limites de la municipalite mentionnee a 1'alinea 4.6b) des presentes lettres patentes, a destination ou en provenance du port et de ses installations; (xi) fourniture de services d'information et d'informa- tique aux utilisateurs du port; (xii) sauvetage et saisie; (xiii) entreposage et distribution de biens et services; (xiv) services de surete et de repartition; (xv) service de patrouille portuaire pour les eaux navi- gables du port; (xvi) fourniture d'expertise relativement a des logiciels ou du savoir -faire mis an point dans le cadre des activites decrites dans les dispositions du present paragraphe 7.1; k) recherche et developpement lies aux activites decrites dans les dispositions du present paragraphe 7.1; Z) promotion, marketing, relations publiques on gouver- nementales pour promouvoir 1'utilisation du port; m) production, coordination, parrainage et accueil d'eve- nements publics et civils; n) dans 1'exercice des recours qu'elle a en sa qualite de lo- cateur ou de concedant des lieux sur des immeubles federaux decrits a 1'annexe « B » on dans des lettres patentes supplementaires comme etant des immeubles federaux, execution de toute activite depuis ces lieux on utilisation de ces lieux pour une periode d'un an, sauf si des lettres patentes supplementaires sont delivrees; o) execution des activites decrites an paragraphe 7.1 sur des immeubles, autres que des immeubles federaux, de- crits a 1'annexe « C » on decrits dans des lettres patentes supplementaires comme etant des immeubles autres que des immeubles federaux; pourvu que 1'Administration ne s'engage pas de fagon conjointe ou solidaire avec toute autre personae a une dette, obligation, reclamation on exigibilite lorsqu'elle prend un engagement, con - clut une entente on participe a un arrangement dans 1'exercice de ses activites. 7.2 Activites necessaires aux operations portuaires. Pour ex- ploiter le port, 1'Administration pent se livrer aux activites sui- vantes jugees necessaires aux operations portuaires conformement a 1'alinea 28(2)b) de la Loi : a) sous reserve des dispositions de Particle 9 ci -apres (i) emprunt de fonds sur le credit de 1'Administration; (ii) limitation ou augmentation du montant a emprunter; (iii) emission d'obligations, de bons on d'autres titres de creance de 1'Administration; (iv) fait de donner en gage on de vendre ces obliga- tions, bons on autres titres de creance pour les montants et les prix juges opportuns; (v) fait de garantir les obligations, bons ou autres ti- tres de creance, on autre emprunt on obligation present ou futur de 1'Administration au moyen d'hypotheque, de charge, nantissement on autre surete visant tout ou partie des biens meubles et immeubles, les interets a bail et les interets rever- sifs qu'elle possede actuellement on dont elle fait 210 156 Supplement to the Canada Gazette, Saint John Port Authority May 1, 1999 of the Authority, and the undertaking and rights of the Authority; provided, however, that the Authority may not mortgage, hypothecate, pledge or otherwise create a security interest in federal real property described in Schedule B or as fed- eral real property in any supplementary letters patent other than to: (A) pledge the revenues of the federal real prop- erty described in Schedule B or as federal real property in any supplementary letters patent; or (B) create, pursuant to the exercise of the pow- ers of the Authority contemplated by sec- tion 7.1(f), a mortgage, pledge or other se- curity interest in fixtures on federal real property described in Schedule B or as fed- eral real property in any supplementary let- ters patent; and (vi) issue a Permitted Indemnity or Guarantee, pro- vided that the cumulative amount of all such Permitted Indemnities or Guarantees shall at no time exceed one -tenth of the aggregate Borrowing maximum amount specified in section 9.2; provided that any contract, bond, debenture or financial assistance related to such borrowing, issuance, pledging or securing shall contain a covenant, proviso or acknow- ledgement from the lender or counterparty that the lender or counterparty shall have no recourse against Her Majesty or any assets of Her Majesty; (b) acquisition or disposition of real property other than federal real property subject to the issuance of supple- mentary letters patent; (c) acquisition of real property from Her Majesty subject to the issuance of supplementary letters patent describing such property as real property other than federal real property; (d) occupying or holding real property other than federal real property; (e) granting over real property other than federal real prop- erty road allowances or easements, rights of way or li- cences for utilities, service or access; (f) renting equipment; (g) developing, leasing or licensing real property other than federal real property, for, or in connection with the ac- tivities described in this Article 7; (h) carrying on activities described in section 7.2 on federal real property described in Schedule B or described as federal real property in any supplementary letters patent or on real property other than federal real property de- scribed in Schedule C or described as real property other than federal real property in any supplementary letters patent; (i) acquisition, disposition, holding, leasing or licensing of personal property; (j) investing moneys in the Authority's reserves or that it does not immediately require subject to the provisions of the Act, the Regulations and these Letters Patent; (k) incorporate a corporation all of whose shares on incor- poration would be held by, on behalf of or in trust for the Authority provided that the Authority does not, at any time, make a Capital Investment in a Subsidiary such that the Authority's cumulative Capital Investment in all Subsidiaries exceeds an amount equal to: 211 1'acquisition ult6rieurement, et 1'engagement et les droits de 1'Administration, sous r6serve toute- fois que l'Administration ne pent grever les im- meubles f6d&raux d6crits a Pannexe « B » ou dans des lettres patentes suppl6mentaires comme 6tant des immeubles f6d6raux d'une surW, notamment d'une hypoth&que, sauf pour: (A) donner en gage une Somme 6gale an revenu qu'elle retire des immeubles f6d6raux d6- crits a l'annexe « B » on dans des lettres patentes suppl6mentaires comme 6tant des immeubles f6d6raux; (B) conform6ment a 1'exercice des pouvoirs de 1'Administration mentionn&s a l'alin6a 7.1j), grever d'une hypoth&que, d'un gage on d'une suret6 les accessoires fix6s a demeure sur des immeubles f6d6raux d6crits a 1'annexe « B » ou dans des lettres patentes suppl6mentaires comme 6tant des immeu- bles f6d&raux; (vi) fait de donner une indemnit6 ou garantie autori- s6e, a condition que le montant cumulatif de toutes les indemnit&s ou garanties autoris6es ne d6passe en aucun temps un dixi6me du montant maximal d'emprunt pr6vu au paragraphe 9.2; sous r6serve que tout contrat, obligation, bon ou aide fi- nanci6re lib a tout emprunt, Emission on mise en gage doit comporter une clause, une disposition ou une re- connaissance du preteur on du cocontractant attestant que le pr6teur ou le cocontractant n'aura aucun recours contre Sa Majest6 on ses 616ments d'actif, b) acquisition on ali6nation d'immeubles autres que des immeubles f6d6raux sous r6serve de la d6livrance de lettres patentes suppl6mentaires; c) acquisition d'immeubles de Sa Majest6 sous r6serve de la d6livrance de lettres patentes suppl6mentaires d6cri- vant ces immeubles comme 6tant des immeubles autres que des immeubles f6d6raux; d) occupation ou d6tention d'immeubles autres que des immeubles f6d6raux; e) octroi d'emprises routi&es, de servitudes ou de permis pour des droits de passage ou d'acc6s ou des services publics visant des immeubles autres que des immeubles f6d6raux; j) location d'6quipement; g) d6veloppement, location ou octroi ou obtention de permis visant des immeubles autres que des immeubles f6d6raux en vue des activit6s d6crites au pr6sent arti- cle 7; h) ex6cution d'activit6s d6crites au paragraphe 7.2 sur des immeubles f6d6raux d6crits a 1'annexe o B » ou dans des lettres patentes suppl6mentaires comme 6tant des immeubles f6d6raux ou sur des immeubles d6crits a 1'annexe « C » on dans des lettres patentes suppl6men- taires comme 6tant des immeubles autres que des im- meubles f6d6raux; i) acquisition, ali6nation, d6tention, location ou octroi on obtention de permis visant des biens meubles; j) investissement de fonds que 1'Administration a en r6- serve ou de fonds dont elle n'a pas un besoin imm6diat sous r6serve des dispositions de la Loi, des r6glements et des pr6sentes lettres patentes; k) constitution d'une soci6t6 dont toutes les actions, au moment de la constitution, seraient d6tenues par Le 1" mai 1999 Supplement d la Gazette du Canada, Administration portuaire de Saint -Jean 157 (i) 50% of the net income of the Authority as shown in the last annual audited financial statements of the Authority submitted to the Minister prior to the making of such Capital Investment, before deducting from such net income the amounts shown in such statements for depreciation and/or amortization and excluding extraordinary items; or (ii) if such statements have not yet been submitted, then 50% of the net income of the predecessor of the Authority as shown in the financial statements included in the last annual report of such prede- cessor submitted to the Minister prior to the making of such Capital Investment, before de- ducting from such net income the amounts shown in such statements for depreciation and/or amorti- zation and excluding extraordinary items; and (1) in pursuing or exercising the remedies available to it as lessor or licensor of premises on real property other than federal real property described in Schedule C or de- scribed as real property other than federal real property in any supplementary letters patent, the conduct of any business or activity from such premises. 7.3 Activities of Subsidiaries Necessary to Support Port Op- erations. A Subsidiary may undertake the following activities which are deemed necessary to support port operations pursuant to paragraph 28(2)(b) of the Act: (a) borrowing money on the credit of a Subsidiary; (b) limiting or increasing the amount to be so borrowed; (c) issuing bonds, debentures or other securities of the Subsidiary; (d) pledging or selling such bonds, debentures or other se- curities for such sums and at such prices as may be deemed expedient; (e) securing any bonds, debentures or other securities, or any other present or future borrowing or liability of the Subsidiary, by mortgage, charge, pledge or other secu- rity interest relating to all or any currently owned or subsequently acquired real and personal, moveable and immovable property and leasehold interests and rever- sionary interests of the Subsidiary and the undertaking and rights of the Subsidiary; (f) participating as a partner, shareholder or co- venturer in a partnership, corporation, joint venture or similar ar- rangement in connection with the activities outlined in this section 7.3 and pledging, selling or securing such participation, interest or investment by mortgage, charge, pledge or other security interest; (g) providing expertise to third parties for use outside the boundaries of the port in connection with software or know -how developed in carrying out the activities specified in section 7.1U)(xvi) ; h) acquisition, disposition, occupying, holding, develop- ing, (leasing or licensing, real property other than fed- eral real property, for, or in connection with, the activi- ties described in this Article 7; (i) carrying on activities described in section 7.3 on real property other than federal real property; 1'Administration, en son nom on en fiducie, a condition que 1'Administration ne mette a aucun moment du capi- tal engage dans une filiale, dont 1'effet serait que le capital engage cumulatif dans les filiales serait superieur A un montant egal A: (i) 50 % du revenu net de 1'Administration selon les demiers etats financiers verifies de 1'Adminis- tration presentes an ministre avant cet apport de capital engage, avant deduction de la depreciation on de 1'amortissement, en excluant les postes ex- traordinaires, on (ii) si ces etats financiers Wont pas encore ete presen- tes, 50 % du revenu net du predecesseur de 1'Administration selon les etats financiers compris dans le demier rapport annuel de ce predecesseur presente au ministre avant cet apport de capital engage, avant deduction sur le revenu net des montants figurant dans les etats financiers pour la depreciation on 1'amortissement, en excluant les postes extraordinaires; Z) dans 1'exercice des recours qu'elle a en sa qualite de lo- cateur on de concedant des lieux sur des immeubles de- crits a 1'annexe « C » on dans des lettres patentes sup - plementaires comme etant des immeubles autres que des immeubles federaux, execution de toute activite depuis ces lieux on utilisation de ces lieux. 7.3 Activites des filiales necessaires aux operations portuaires. Une filiale pent se livrer aux activites suivantes jugees necessai- res aux operations portuaires conformement a 1'alinea 28(2)b) de la Loi : a) emprunt de fonds sur son credit; b) limitation ou augmentation du montant a emprunter; c) emission d'obligations, de bons on d'autres titres de creance de la filiale; 212 d) fait de dormer en gage on de vendre ces obligations, bons ou autres titres de creance pour les montants et les prix juges opportuns; e) fait de garantir les obligations, bons on autres titres de creance, ou autre emprunt ou obligation present ou futur de la filiale an moyen d'hypotheque, de charge, nantis- sement ou autre surete visant tout ou partie des biens meubles et immeubles, les interets a bail et les interets reversifs, qu'elle possMe actuellement ou dont elle fait 1'acquisition ulterieurement, et 1'engagement et les droits de la filiale; J) participation a titre d'associe, d'actionnaire ou de parte- naire dans une societe de personnes, une societe, une co- entreprise ou autre arrangement lie aux activites mentionnees dans le present paragraphe 7.3 et fait de donner en gage, de vendre ou de garantir cette partici- pation, cet interet on investissement an moyen d'hypotheque, de charge, nantissement on autre surete; g) fourniture d'expertise a des tiers pour utilisation a 1'exterieur du perimetre du port, relativement a des lo- giciels on du savoir -faire mis au point conformement a 1'exercice des activites prevues an sous- alinea 7.1j)(xvi); h) acquisition, alienation, occupation, conservation, deve- loppement, location, octroi on obtention de permis a 1'egard d'immeubles autres que des immeubles federaux dans le cadre des activites decrites an present article 7; i) execution d'activites decrites an paragraphe 7.3 sur des immeubles autres que des immeubles federaux; 158 Supplement to the Canada Gazette, Saint John Port Authority May 1, 1999 (j) leasing or licensing real property from the Authority for, or in connection with, the activities described in sec- tion 7.3; (k) operation of freight forwarding, consolidating, trading or brokerage facilities or services and warehousing, load facilities, storage and handling of cargo, freight and goods outside the port or in connection with persons who are not users of the port; (Z) operation of dry dock facilities; (m) operation of an industrial park for activities compatible with port operations and the land -use plan for the port. (n) acquisition, disposition, holding, leasing or licensing of personal property; (o) carrying out of the activities including the provision of services as follows: (i) environmental assessment, audit, remediation or other services; (ii) navigational services and aids; (iii) dispatching services; (iv) building, design, maintenance, engineering, repair and operation of vessels; (v) emergency planning and response; (vi) vehicle parking, control or marshalling facilities; and (vii) multi -modal facilities and services, outside the port or in connection with persons who are not users of the port; (p) providing towing services; and (q) in pursuing or exercising the remedies available to it as lessor or licensor of premises on real property other than federal real property described in Schedule C or de- scribed as real property other than federal real property in any supplementary letters patent, the conduct of any business or activity from such premises. 7.4 Powers of the Authority and Subsidiaries. The Authority has the power to carry out the activities specified in sections 7.1 and 7.2. The Subsidiaries have the power to carry out the activi- ties specified in section 7.3. ARTICLE 8 LEASING AND CONTRACTING 8.1 Restriction on Leasing and Licensing. The Authority shall not grant a lease or licence of federal real property described in Schedule B or as federal real property in any supplementary let- ters patent for a term in excess of 60 years where such lease or licence is granted pursuant to sections 7.1(c)(i), 7.1(c)(iii)(A) or 7. 1 (c)(iii)(B) or for a term in excess of 40 years where such lease or licence is granted pursuant to sections 7.1(c)(ii), 7.1(c)(iii)(C) or 7. 1 (c)(iii)(D) provided however that: (a) with the written consent of the Minister the Authority may lease or license such federal real property for a maximum term of 99 years; and (b) nothing contained in this section shall restrict the ability of the Authority or a Subsidiary to grant a road allow- ance, easement, right of way or licence for utilities, services or access for any term. j) location on obtention de permis visant des immeubles de 1'Administration pour les activit6s d6crites au paragraphe 7.3; k) exploitation d'installations on de services de transit, de groupage, d'6change ou de courtage, et entreposage, installations de chargement, stockage et manutention de cargaisons et de marchandises, a 1'ext6rieur du port ou a 1'intention d'un groupe de personnes qui ne sont pas des utilisateurs du port; l) exploitation d'installations de cale s6che; m) exploitation d'un parc industriel dans le cadre d'acti- vit6s compatibles avec les activites du port et le plan d'utilisation des sols pour le port; n) acquisition, ali6nation, dbtention, location ou octroi on obtention de permis visant des biens meubles; o) execution d'activit6s, notamment prestation des services suivants : (i) services d'6valuation, de verification et d'assainis- sement environnementaux on autres; (ii) services et aides a la navigation; (iii) services de r6partition; (iv) construction, conception, entretien, m6canique, r6paration et exploitation de navires; (v) planification et intervention d'urgence; (vi) stationnements, installations de contr6le ou de groupage; (vii) installations et services multimodaux; a 1'ext6rieur du port ou a 1'intention d'un groupe de personnes qui ne sont pas des utilisateurs du port; p) fourniture de services de remorquage; q) dans 1'exercice des recours qu'elle a en sa qualit6 de lo- cateur ou de conc6dant des lieux sur des immeubles d6- crits a 1'annexe « C » ou dans des lettres patentes sup - pl6mentaires comme 6tant des immeubles autres que des immeubles f6d6raux, execution de toute activit6 depuis ces lieux ou utilisation de ces lieux. 7.4 Pouvoirs de 1'Administration et des Miales. L'Admi- nistration a tons les pouvoirs de se livrer aux activites pr6vues aux paragraphes 7.1 et 7.2. Les filiales ont tous les pouvoirs de se livrer aux activites pr6vues au paragraphe 7.3. ARTICLE 8 BAUX ET CONTRATS 8.1 Restrictions sur les baux et les permis. L'Administration ne doit pas louer les immeubles f6d6raux d6crits a 1'annexe « B » on dans des lettres patentes supplementaires comme 6tant des im- meubles f6d6raux ou octroyer des permis a leur 6gard pour une dur6e sup6rieure a 60 ans, lorsque ces baux ou permis sont octroy6s en vertu du sous- alin6a 7.1c)(i) ou des divi- sions 7.1c)(iii)(A) ou 7.1c)(iii)(B), ou pour une dur6e sup6rieure A 40 ans lorsque ces baux on permis sont octroy6s en vertu du sous - alin6a 7.1c)(ii) ou des divisions 7. 1 c)(iii)(C) on 7. 1 c)(iii)(D), sous r6serve que 213 a) avec 1'autorisation 6crite du ministre, 1'Administration Pent consentir un bail ou un permis a 1'6gard de ces immeubles f6d6raux pour une dur6e maximale de 99 ans; b) rien dans le pr6sent article ne limite la capacit6 de 1'Administration on de la filiale de consentir a leur 6gard des emprises routi&es, des servitudes on permis pour des droits de passage on d'acc6s on des services publics pour quelque dur6e que ce soit. 214 Appendix C: SJPA Facilities Plan 215 216 217 7 D m D 0 %'k �ry A�or ly GJ NC/J z � �o d d o� �c W 0 A O A L -7 O c c— O m Cn Cn O C) z 1111 0 C7 D > j�� 111 m m 90 ° m m m co m � 1111 m I o� C7 I m -4 z m 1111 C) D m m > 11 m D 14 � � \\11 m cn 218 ® POTASH TERMINAL: 12.3 HECTARES COURIVAY BA's POTASH TERMINAL BARRACK POINT TERMINAL R _irvrHI Irirn TITLE: W%r RT POTASH TERMINAL =z Z� J� �O SCALE: N.T.S `IRV NG OIL TERMINAL �r\ O CHECKED BY: DATE: MARCH 2011 REVISED: DRAWN BY: M.M. DWG No.: B -04 -025 220 Appendix D: SJPA Land Use Factors & Guidelines 221 222 The following factors and guidelines have been established by the Saint John Port Authority in determining the most appropriate uses of its lands. These will be considered and applied by the Authority when dealing with transactions involving property and use of port facilities. Factors A. Port land is finite. There is only a limited quantity of waterfront property suitable for the development of marine terminals. Port land, as is the case with many other resources, is in fact a non - renewable resource. B. Land is viewed as a long -term asset and not a vehicle for short -term cash or profits from which the Authority expects to achieve a financial return. C. Once the land use function changes in an urban environment, it is generally unlikely that the original use will reoccur, particularly over the short to medium -term, because a change in land use generally means property development and significant expenditures by a variety of interests. Thus, changes in land use are generally considered irreversible in nature. D. An extension of the irreversible land use position is that once a piece of property is sold, then it cannot be recovered. There will be no recovery of that property by the vendor in most cases. Because of the redevelopment or alternate use potential of urban waterfront property, this hypothesis applies primarily to downtown waterfront property, but the concept applies to all port property. E. The Authority understands and accepts the need for multiple uses of the waterfront, however, it must be understood that these uses must be independent of each other. The very existence of the Port requires adequate facilities for the handling, storage and transfer of cargo; private commercial and industrial sites also exist along the waterfront and there is the need for public access to a portion of the waterfront. A site cannot be designated for both industrial and for recreational use at the same time due to operational requirements and safety factors. The use of each section of the waterfront must therefore be clearly defined. Guidelines Although the Saint John Port Authority is not subject to the City of Saint John Zoning By -Law, the Saint John Port Authority is fully aware of the intent and implication of the By -Law and will bear this in mind where it may apply to the surrounding areas in the vicinity of the port terminals. 2. The mandate and objectives of the Saint John Port Authority will be met, maintained and protected in any land management decisions. 3. The Saint John Port Authority will use its land management plan to achieve its corporate objectives and enhance the port's corporate profile on the waterfront. 4. Land management decisions such as leases and operating agreements will ensure that the Saint John Port Authority receives a commensurate economic return. 5. All land management decisions will be made with emphasis on the long -term benefit of the decision for the Saint John Port Authority as opposed to the short -term, profit -only, orientation. 6. The Saint John Port Authority will consider the strategic value of all land when considering the future well -being of the port, regardless of the current state or use of the land. 7. Proper management of property assets requires that measures be in place to determine the effectiveness of their uses in reaching the overall objectives of the Authority. Appropriate financial targets, including rate of return and similar parameters, must be in place and reviewed on a regular basis. 223 8. The Authority will monitor and review, on a regular basis, all property holdings to ensure that corporate responsibilities and objectives are closely interrelated with land use management decisions. 9. Saint John Port Authority depends heavily on its property to generate revenue and therefore will, in authorizing use of its land, retain overall control of its property through continued "interest /ownership ". If port property is targeted for alternate use, all options for continued involvement in the property through lease or management agreement would be explored. Development proposals for waterfront property that are not marine - oriented will only be considered provided that port facilities or activities are not compromised. 10. In circumstances when sufficient benefits to justify the costs of ownership of a given property are not achievable, a review will be made of the need for continued use of the property in its existing status. If no change or status is foreseen as improving this situation, a review shall be made as to the need for continuing ownership. 11. The Saint John Port Authority will consider the role of the port in the local and regional economy, and its association with the marine community, as part of the decision making process related to land management issues. 12. The Saint John Port Authority, being aware of the dominance of the commercial marine function of the waterfront, will remain cognizant of the potential for functional change or alternate use in certain sectors of the waterfront. 13. Before any property is declared surplus the Saint John Port Authority will review all other options and possibilities for use of that property. 14. The Saint John Port Authority will consider acquisition and disposal of port real estate in a manner which is consistent with fulfilling its corporate mandate. This will include careful consideration of its responsibilities related to maintaining the integrity of the port system, coordinating port development with other marine activities and other modes of transportation and responding to national, regional and local economic and social objectives. 15. Proposals received by the Saint John Port Authority for property transactions, such as acquisition and disposal, will be given full consideration and evaluation from the strategic, long -term perspective of the port. 16. In circumstances where a proponent has suggested the possible sale of port property as part of a development proposal, the possibility of land exchanges between the proponent and the Saint John Port Authority should be explored as an alternative to property sale (Divestiture). 17. Any disposal of property will be in the long -term interest of the Saint John Port Authority and will be consistent with the port's planning guidelines. In analysing a proposal which may involve the potential divestiture of port property, the Authority will fully analyse the potential impact of the proposed sale. Within this analysis, all other property management options will be considered before deciding that divestiture is the only logical course of action. 18. Should the Authority be approached to consider a project that might involve the disposal of port property, the Authority will examine the possibility and advisability of becoming involved in the project through continued ownership of the land. 19. If Saint John Port Authority properties are proposed for alternate (non- marine) use, the Authority will be fully compensated, not only financially at fair market value, but also in terms of terminal capacity and capability. That is to say, the port should not suffer a net loss in terminal capacity potential through the divestiture or transfer of property. 224 Appendix E: Stakeholder Input 225 226 Summary of Stakeholder Feedback Consultation highlighted issues which were presented to the SJPA, January 31 st, 2011, in the report, Summary of Land Use Planning Issues. Stakeholder feedback was summarized into common themes including: Role of the Port The diminishing natural resource and manufacturing base reduced cargo volumes moved through the Port of Saint John, and consequently, port - related employment. Cargo business is primarily petroleum and potash driven with occasional project cargo. Traditional container traffic is unlikely to return to previous business levels but cruise business is growing and profitable. State of Infrastructure Current infrastructure is in need of considerable investment. Rebuilding piers and upgrading facilities, rails, fendering, and equipment is critical in order to compete in today's competitive marine transportation industry. Land Use Efficiency Port lands are underutilized due to low levels of cargo. Current land holdings can accommodate greater throughput. Urban Interface The Port has a high concentration of land within the urban core. The City of Saint John is currently updating its Municipal Plan and there are potential areas of land use conflict. Future Land Use The Port of Saint John has the opportunity to redefine itself as a modern marine facility serving both traditional and new clients. By focusing its land holdings against business strategies and projections, the SJPA can under- take strategic investments to upgrade infrastructure and acquire whatever necessary lands for future growth. Stakeholders also held a common perspective that Port (lands and infrastructure) need both STRATEGIC INVESTMENT and a greater BALANCE in the mix of land uses. Strategic Planning Themes The five port land use themes were distilled into four strategic planning themes that will contribute to land use policy direction and include: • Economic Development; • Infrastructure and Facilities; • Community Interface; and • Environmental Stewardship (Although not highlighted during the Stakeholder Consultations this was added by the SJPA as an important Strategic Planning Theme) Stakeholder Theme #1 Economic Development The Port of Saint John is an important industry contributing economic benefits by way of employment and GDP, locally, provincially and nationally. Critical to maintaining the role of the Port as a key economic driver, development at the Port must result in increased trade and revenue by: Analyzing and responding to global opportunities and trends, user demands and other relevant economic influences; Strengthening the existing Port core activities that are associated with locally produced products; 227 • Organizing current Port land holding into zones where development occurs logically and optimizes infrastructure investment. Areas of ecological value are identified and protected; • Maximizing the efficient use of land including temporary and short term lease agreements where and when appropriate; • Improving established transportation networks (road and rail) with areas of the Port possibly requiring access to Class 1 road and rail; • Preparing a redevelopment plan for the entire Lower West Side area including determining the highest and best use of the property in the long -term (2010 -2014 Business Plan); • Investing strategically to target, serve and grow defined'niche' markets; • Examining the potential of utilizing lands at the Saint John Industrial Park for certain industrial uses with possible rail connection to the West Side Port (any new rail network cannot create a division within existing communities and must take into consideration future residential development); and • Critically assessing the benefit of land exchanges or divesting of lands to serve a Port business strategy. Stakeholder Theme # 2 Infrastructure and Facilities The Port needs to respond to the needs of various tenant and uses. It requires infrastructure and facilities that are sound, in good working order, purpose built and in some case, industry- specific. Infrastructure and facilities must also be as flexible to respond quickly to shift in the economy and the shipping industry. The SJPA must strategically rebuild its infrastructure and facilities by: • Organizing infrastructure components to zones and land configurations and their limitations; • Concentrating development in well serviced zones; • Co- locating common users in appropriate zones and when appropriate, relocating users to create clusters of common uses; • Encouraging complementary land uses and development within the Port's core area; • Ensuring efficient movement of goods with functional road and rail transportation networks to service specific Port zones with the objective of reducing traffic on existing local road networks; and • Ensuring operational integrity of infrastructure and facilities through reinvestment. Stakeholder Theme #3 Community Interface Ports interface with communities. Emerging from an era where the mix of heavy industrial with residential and commercial was necessary to compensate for simplistic road systems and lack of personal automobiles, ports are now being required to consider the impact of their operations on the community around them. The SJPA will strengthen its role within the Saint John community by: • Developing, maintaining and enhancing a cooperative interface between the Port Land Use Planning and City of Saint John Land Use Plan to consider options for adequate buffering, compatible adjoining land uses, protection of the safety and operation of core Port infrastructure and related intermodal transport infrastructure; • Ensuring safe and secure Port operations; • Operating as a'good neighbour'; • Providing and maintaining appropriate green buffers and other necessary buffers between port development and adjoining sensitive environments; • Enclosing certain uses that should be segregated from neighbouring uses; and • Contributing to the community and its'sense of place' by facilitating a port /public waterfront interface where appropriate and as defined by SJPA policy. 228 Stakeholder Theme #4 Environmental Stewardship The environmental aspects and natural resources at the Port and abutting the Port are managed in a sustainable manner to maintain biodiversity and ecological processes by ensuring that Port land use and development: • Protects identified significant natural ecosystems within and adjoining the Saint John Port lands including: • Beaches, reefs, wetlands, marshes, water courses, marine habitats and estuaries; • Valuable environmental features located on Port lands, existing or future. • Manages operations to prevent unlawful environmental harm to water and soils quality; • Effectively manages dredged material disposal, wastes, emissions and pollution sources to minimize environmental impacts; • Complies with water quality, air quality and noise standard regulations of the Environmental Protection Act; • Implements environmental management measures with planning, development and operations on all projects and Port activities; • Protects ecological sensitive areas by provision of appropriate buffer zones between it and the Port activity; and • Planting and landscaping will be predominately of native species. 229 230 Appendix Fee Historical Background of the Port of Saint John 231 232 The St. John River was first associated with First Nations portage and trade routes. On June 24, 1604, French explorer Samuel de Champlain sailed up the Bay of Fundy into the mouth of what was shortly thereafter named the St. John River. Champlain's visit is the earliest written record of the port's history. In 1631, Charles de Sainte - Etienne de La Tour, Governor of Acadia, established a trading post strategically located at the mouth of the River and controlled the largest and the richest river in what was then known as Acadia, establishing one of the earliest centres of French fur trade with the Aboriginal peoples of the region. Its location at the mouth of the St. John River virtually guaranteed control of access and traffic to the interior of what had become New France. In the mid eighteenth century, a Boston fur trading company, Simonds, Hazen and White, established itself in the harbour. The area populated when displaced American colonists loyal to the British crown, known as Loyalists, began settling the region in May of 1783. Two years later, in May of 1785, the City of Saint John was established by Royal Charter. The Loyalists recognized the value of New Brunswick's forests and developed a shipbuilding and lumber trade based at the Port of Saint John. The Port thrived through the 1800s and by the mid nineteenth century, Saint John was the largest shipbuilding city in Canada and the four largest in the British Empire. Simultaneous to the economic growth of the early and mid nineteenth century was an immigration boom, especially from the British Isles. By the end of the nineteenth century steel - hulled ships were replacing wooden vessels and the wooden ship- building boom ended. Westward migration facilitated the building of railways linking Saint John with the rest of Canada which brought new cargoes such as grain, and precipitated the transformation from a regional Port that handled local goods to an international Port shipping product from across Canada to the world. Many supplies, including ammunition, food and clothing, were shipped through the Port of Saint John to Canadian troops during World War I (1914- 1918). In 1927, the federal government took control of port operations. Nationalization came at a time when the Port of Saint John needed financial aid, especially after a devastating fire destroyed the west side of the harbour in 1931. The federal government rebuilt the wharves in concrete and steel that allowed for increased Port traffic. In 1934, Navy Island Terminal was created through a 17 -acre expansion project. Also in 1934, a new channel was completed to replace the original Z- Shaped channel, increasing the navigability of the harbour. Pugsley Terminal berths were constructed between 1948 and 1952. Ten years later, the Long Wharf Terminal was extensively renovated. The essential road network that strengthened the Port's trading position was completed in 1968 with the Saint John Harbour Bridge which spanned the River from Navy Island to Portland. Over the years, port business has evolved in response to changes in the marine industry and in 1970, it entered into the emerging containerized shipping sector, starting with a one -crane terminal at pier 1. As this sector grew, the government invested in port's ability to handle containers with the redevelopment of the area from pier 4 -9 and constructed Rodney Container Terminal. In a partnership between CP Rail and McLean Kennedy, Brunterm was formed and the new terminal complete with two gantry cranes and on -dock rail opened for business in 1975. Crane capacity was increased shortly thereafter and at its height, 14 container lines were calling at the port of Saint John. In the mid - eighties, due to changes in world trading patterns, introduction of larger ships, rational- ization of ports -of -call, this business was all but lost and CP Rail gradually divested its assets in Atlantic Canada. With the continued changes in the container business, the Port of Saint John recognized the fact that its strength and its future in this sector was in niche markets. At the same time, the Port Administration continued to invest in infrastructure to support other growth areas. In 1979, Navy Island Forest Products terminal custom -built for the growing forest products business and comprising of two large transit sheds on Pier 1 opened for business. This facility was considered as state -of -the art and be- came the major forest products load centre on the Atlantic coast, attracting products from the mid -west, Ontario 233 & Quebec, the U.S. and of course the Maritime region. The terminal was expanded twice in 1993 and 1997 with the addition of two transit sheds and an expanded lease area. Barrack Point Potash Terminal was constructed in the late 70s and opened in 1983 to handle exports of potash from the newly - developed mines in the Sussex area. The Port is ideally situated only 40 miles from the mines, providing a very cost - effective gateway to world markets and an efficient and competitive transportation model. A second transit shed was opened in 1985 as a second mine came on line and potash exports increased. While one mine had to close in 1996 due to flooding, the business, though reduced, continued to be strong and ultimately increased once again. A new mine is now under construction and will double potash exports through the port within the next five years. With half of the world's potash found in New Brunswick, it has become a significant commodity for the Port which it ships to Brazil, Central America and other global markets The most recent investment has been in the Marco Polo Cruise Terminal and related cruise infrastructure. This terminal was constructed in support of the growing cruise business at the port and opened in 2009. It has proven extremely beneficial in increasing efficiency in transferring cruise passengers between ship and shore, in meeting international marine security requirements, in providing an attractive gateway for tourists into our region and in providing a new waterfront event venue for the community in the off - season. Port Authority investment in cruise has exceeded $20 million in the past five years, including $18 million in the cruise terminal. Further investment of $18 million is planned to further expand the port's cruise ship capacity in view of the continued projected growth in this sector. Modernization of the industry and the decline of New Brunswick's traditional resource and manufacturing economies have reduced volumes handled at the Port of Saint John. Port employment has responded in kind. The Port has weathered good days and bad over its history. It now faces new challenges and opportunities to evolve thus ensuring a strong future for both itself and the community. 234 REPORT TO COMMON COUNCIL M &C 201166 March 28, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council, SUBJECT: Saint John Water — 2010 Annual Water Report BACKGROUND The City of Saint John Municipalities in New Brunswick operate public drinking water systems under conditions set out in certificates of Approval to Operate drinking water treatment and distribution facilities. Developed by the Department of the Environment (DOE), in collaboration with the Department of Health, these formal approvals set out standards for water treatment facilities, distribution systems and operators that strive to assure safe drinking water. The City of Saint John (as the Approval Holder) provides drinking water services to the public under authority of Approval to Operate W -254 Drinking Water Distribution & Treatment Facilities issued by the Minister of the Environment. The certificate represents formal authorization to the Approval Holder to operate drinking water facilities. It directs that: "The Approval Holder shall keep the operation of the Facilities in compliance with the Water Quality Regulation 82 -126 under the Clean Environment Act and the Potable Water Regulation 93 -203 under the Clean Water Act of the Province of New Brunswick. Violation of this Approval or any condition herein stated constitutes a violation of the Clean Environment Act and/or the Clean Water Act." The certificate of Approval to Operate is a regulatory tool designed around the multi - barrier philosophy. All municipal water systems in New Brunswick are required to abide by the various conditions set out in Approvals to Operate drinking water treatment and distribution facilities. The standards set through the various conditions strive to ensure safe and reliable drinking water for all users. Saint John Water fully endorses the philosophy behind the need for strict regulation of systems supplying such a vital service. 235 M &C2011 -66 March 28, 2011 Page 2 Protective Barriers People must have water to live; good health depends on consuming adequate quantities of safe, clean drinking water. That water must be delivered, at the best cost possible, to Saint John homes, institutions and businesses in a state that is clear, colourless, odourless and free of disease - causing micro - organisms (pathogens) or harmful chemicals. The Drinking Water Service is a public service that provides drinking water to the community and is vital to the economic vitality of the region. This service includes the supply of water, treatment, testing, transmission and distribution, administration of the service, and billing and collections. Saint John Water manages its drinking water service based on the Multi- Barrier Approach from the water source to the user's tap. Drinking water quality must be assured through a series of protective barriers: 1. Source (Watershed) Protection 2. Drinking Water Treatment 3. Operations and Maintenance (including staff training, development and staff levels) a. Monitoring and Alarms (Sampling Plan, SCADA system, and record keeping) 5. Distribution System (residual chlorine, total coliform, E. coli, flushing, storage reservoirs, backflow prevention and cross connection control) 6. Emergency Response (contingency plans, boil order responses, safety training, etc) These barriers are designed to assist in ensuring the delivery of safe drinking water by preventing contamination (from source to tap) from reaching consumers. Annual Report Condition 51 of the certificate requires submission of an Annual Report to the Department of the Environment within 30 days of the end of the year. At the Annual Compliance Evaluation in the fall of 2010, the Department of the Environment indicated that the deadline was extended to the end of March, 2011. The report provides pertinent technical and operating information to the regulator on the City's water systems: Analytical results (microbiological, organic and inorganic); System monitoring plan (including historical data on free chlorine residual, turbidity, pH, temperature, iron, manganese, and other aspects of water quality) Water production data (peak daily and monthly production); Annual chemical consumptions (chlorine and fluoride); Operational highlights (incidents and improvements /changes /additions); Summary of backflow prevention and cross - connection activities; Summary of flushing activities; 236 M &C2011 -66 March 28, 2011 Page 3 Operator information (training, certifications, and staffing changes); and Information to the public. The Annual Report is also in keeping with one of the seven commitments of the Corporate Strategic Plan — Demonstrating Accountability. ANALYSIS The water system in the City of Saint John is by far the largest in the Province of New Brunswick and the Saint John Water — Annual Water Report with all its attachments consists of hundreds of pages of facts and data. Rather than table the full document with Common Council, just the main body of the Annual Water 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. Saint John Water is responsible for the delivery of water and wastewater services on behalf of the City of Saint John. In accordance with condition 51 of the Approval to Operate, the annual water report is intended to provide the Department of Environment (system regulator) with pertinent information relating to operation of the municipal water system. The wastewater service annual report is submitted under separate cover. Analytical Results The City of Saint John obtains its drinking water from two watersheds — Spruce Lake and Loch Lomond. The quality of water in the lakes that make up the watersheds is important to the final quality of treated potable water. Over the course of the year, the City analyzed raw water sources from 14 locations measuring a total of 23 analytical parameters for each of those sampling locations. These samples indicate the quality of water available from lakes throughout the watershed which ultimately provide for the sources of our drinking water. To ensure system water is safe to drink, samples are collected weekly at thirty one locations across the three water systems (the Harbourview wellfield in Red Head is the third system) and microbiologically analyzed. Nineteen of those sites are analyzed for inorganic chemistry semi- annually, and for organic chemistry quarterly. In addition to the testing noted above, several other water parameters are tested routinely to monitor system safety and drinking water quality. These measures include chlorine residual data, pH, fluoride, turbidity, total dissolved solids, iron and conductivity. To continue preparing for the design of the new water treatment facility and to more closely monitor disinfection by- products, the following additional analyses were performed in 2010: • The frequency of trihalomethanes (THMs) sampling remained monthly instead of the Department of Health's requirement of quarterly. 237 M &C2011 -66 March 28, 2011 Page 4 • Haloacetic acids (HAAS) like trihalomethanes are another disinfection by- product that is formed when chlorine reacts with untreated water. Although HAAs are not currently regulated in New Brunswick, it is expected that this will happen in the near future. Saint John will not meet this new regulation with its current treatment facilities as they do not remove the organic precursors from the water prior to disinfection. In anticipation of this new guideline, Saint John Water began monthly sampling for HAAs in 2007. • Dissolved organic carbon (DOC) and total organic carbon (TOC) are precursors to the formation of both THMs and HAAs. These parameters were also monitored monthly during 2010. A goal in the design of new water treatment facility is the reduction of these organic precursors, so that when the disinfectant chlorine is added near the end of the treatment process, the quantities of THMs and HAAs formed will be substantially less than current, and less than the levels regulated by Health Canada. • Collection of samples for ultraviolet transmittance (UVT) began in May of 2007. • Taste and odour sampling was also performed in 2010. The indicator parameters for taste and odour are Geosmin and MIB (2- methylisobomeol); these parameters were not detected in the sampling performed in 2010. Water Production - Spruce Lake Annual water production during 2010 for the Spruce Lake system was approximately 33.9 billion litres, a decrease of 1.9 billion litres from 2009 annual Spruce Lake water production, which was 35.8 billion litres. In 2010 peak monthly production was 3.63 billion litres and comparatively 2009, 2008, 2007, 2006 and 2005 peak monthly production was 3.85, 4.1, 4.2, 3.3 and 4.2 billion litres respectively. Annual treated water production during 2010 for the Spruce Lake system was approximately 4.4 billion litres (or about 13% of total water drawn from the Spruce Lake system), a decrease of 1.5 billion litres. In 2010, peak daily production was 24.9 ML a decrease over 2009 which was 26.6 ML. When the level of water in Spruce Lake dropped to 59.96 in (196.7') on July 8, 2010, staff turned on the 2000 horsepower Musquash pump and began transferring water from the Musquash watershed to Menzies Lake which is part of the Spruce Lake watershed. This interbasin transfer is necessary to provide for the industrial demand on the Spruce Lake system. The pumps were turned off on September 30th at which point the lake elevation was 60.41 in (198.2'). On November 2nd, the water level had dropped to 59.89 in (196.5') and the pumps were operated until November 30th when the water level was 61.20 in (200.8'). A total volume of 14.412 billion litres was transferred during the 114 days of pumping. Improved management of water continued in 2010, with removal of some of the stop logs from the Menzies Lake dam, which allowed water to flow by gravity via Menzies Brook and into Ludgate Lake /Spruce Lake. This reservoir was used during the peak demand period and stop logs returned in the fall to permit natural refilling of this basin and thus reducing pumping requirements. 238 M &C2011 -66 March 28, 2011 Page 5 Water Production - Loch Lomond During 2010, annual water production for the Loch Lomond system was slightly under 42.4 billion litres, an increase of over 5.6 billion litres from 2009 Loch Lomond water production, which was 36.8 billion litres, and closer to the 2008, 2007, 2006 and 2005 production which was 38.3, 45.5, 42.9 and 43.4 billion litres respectively. Annual treated water production for 2010 for the Loch Lomond system was approximately 39.5 billion litres, a slight increase of 2.8 billion litres from 2009 water production, which was 36.7 billion litres. In 2010, peak daily production was 155.7 ML a decrease from 2009 which was 158.3 ML. Water Production - Combined Systems Combining the 2010 average daily water production for both the western and eastern systems shows the overall system production (east and west combined) increased to approximately 209 million litres per day from 199 ML per day in 2009. Production in 2008, 2007, 2006 and 2005 was 215 ML, 224 ML, 201 ML, and 205 ML respectively. Production has therefore returned to historical levels. The reason for the overall system monthly production increase during the July to September period can largely be explained by the annual summer season increase by the larger industrial users; this was approximately 60 million litres per day on average. Chemical Consumption During 2010, a total of 174.8 tonnes of gaseous chlorine were purchased for the Loch Lomond System, 159.8 tonnes of sodium hypochlorite for the Spruce Lake System and 93.1 tonnes of hydrofluorosilicic acid (fluoride) purchased for the combined east and west systems. A slightly lower than expected amount of fluoride was consumed as a result of the Latimer Lake fluoride system not being operational at the beginning of the year. The fluoride system was not in operation due to the capital improvements that were completed and as a result of the many operational safety issues that needed to be attended to before the fluoride system could return to operation. Critical safety issues have been attended and the Latimer Lake fluoride system was returned to operation by the end of January 2010. Operational Highlights Operational highlights are detailed in the body of the attached Annual Report. Topics discussed include the clear- cutting issue near Robertson Lake, the vehicle that overturned at Ratcliff Brook near First Lake, the Watershed Clean -up Day, boil water orders, unidirectional flushing, backflow prevention, watermain breaks, removal of 1280 in of wood stave pipe, demolition of the Gault Road pumping station, the leak on the Reversing Falls Bridge, modelling software, and the draining, cleaning and inspection of the Lancaster and Millidgeville water storage reservoirs. 239 M &C2011 -66 March 28, 2011 Page 6 During 2010, Municipal Operations and Engineering administered a total of 20 water related capital projects designed to renew, clean and line and install new water main. Approved projects included; cleaning and lining of approximately 6,926m of water distribution main, renewal of 14,000m of watermain ranging in size from 200mm to 1200mm, removal of 35 watermain flushing cross - connections between the water distribution and sanitary collection system, as well as construction of the Woodward Avenue PRV and the installation of flow meters on watermains within the distribution system and the creation of a program to monitor and audit the water usage in each district. Also in 2010, a contract was awarded to demolish the existing well house at 103 Ocean Drive, protecting the wellhead, and construct a new building complete with disinfection equipment. It is expected the new system will be commissioned in early spring 2011. Operator Training & Certification Saint John Water continues to make advances in the operation and maintenance of our water and wastewater systems and the pivotal role they play in providing for the protection of public health and the delivery of a vital service. The City of Saint John continues to work with the New Brunswick Community College — Saint John in developing training programs for its water and wastewater operators. The training has been attended by City of Saint John staff, numerous other municipalities from New Brunswick and by private companies. A detailed training and certification summary is included in the annual report. RECOMMENDATION It is recommended that Common Council receive and file this report, and authorize staff to forward the 2010 Saint John Water - Annual Water Report to the Department of Environment and the Department of Health on behalf of the City of Saint John (Approval Holder). Respectfully submitted, Nicole Taylor, M.Eng., P.Eng. Operations Manager, Water Resources & Quality, Saint John Water J. M. Paul Groody, P. Eng. Commissioner, Saint John Water 240 J. Patrick Woods, CGA City Manager John wai 2010 Annual Water Report INTRODUCTION 1 Saint John Water, a division of the City of Saint John, is responsible for the delivery of three public facing services; Drinking Water, Industrial Water and Wastewater. The following annual report covers the Drinking Water and the Industrial Water services. The Wastewater service annual report is submitted under separate cover. The goal of the Drinking Water service is to supply safe, clean potable water reliably to all users. Currently, drinking water simply receives limited treatment; coarse screening, disinfection (chlorine gas at Latimer Lake and sodium hypochlorite at Spruce Lake) and fluoridation. The service is regulated under the Clean Environment Act — Water Quality Regulation and Clean Water Act - Potable Water Regulation and delivered under Approval to Operate W -254: Drinking Water Distribution & Treatment Facilities. This Approval to Operate (a copy is enclosed in Appendix E) was issued by the New Brunswick Minister of the Environment effective April 1, 2006. The City's current certificate is valid for a 5 -year period from April 1, 2006 to March 31, 2011. The certificate represents formal authorization to the City of Saint John (Approval Holder) by the Minister to operate drinking water facilities. It directs that: "The Approval Holder shall keep the operation of the Facilities in compliance with the Water Quality Regulation 82 -126 under the Clean Environment Act and the Potable Water Regulation 93 -203 under the Clean Water Act of the Province of New Brunswick. Violation of this Approval or any condition herein stated constitutes a violation of the Clean Environment Act and/or the Clean Water Act." The Industrial Water service provides some industries in Saint John (namely Irving Pulp & Paper, Coleson Cove and Irving Paper) with raw industrial water to support and carry out their processes. All municipal drinking water systems in New Brunswick are required to abide by the various conditions set out in Approvals to Operate drinking water treatment and distribution facilities. These regulatory tools set standards for water treatment facilities, distribution facilities, system operators and overall operation of facilities that strive to ensure safe and reliable drinking water for all users. Saint John Water fully endorses these standards and the philosophy behind the need for strict regulation of systems supplying such a vital service to the public. Protective Barriers People must have water to live; good health depends on consuming adequate quantities of safe, clean drinking water. That water must be delivered, at the best cost possible, to Saint John homes, institutions and businesses in a state that is clear, colourless, odourless and free of disease - causing micro - organisms (pathogens) or harmful chemicals. 241 John wai 2010 Annual Water Report 2 The Drinking Water Service is a public service that provides drinking water to the community and is vital to the economic vitality of the region. This service includes the supply of water, treatment, testing, transmission and distribution, administration of the service, and billing and collections. Saint John Water manages its drinking water service based on the Multi- Barrier Approach from the water source to the user's tap. Drinking water quality must be assured through a series of protective barriers: 1. Source (Watershed) Protection 2. Drinking Water Treatment 3. Operations and Maintenance (including staff training, development and staff levels) a. Monitoring and Alarms (Sampling Plan, SCADA system, and record keeping) 5. Distribution System (residual chlorine, total coliform, E. coli, flushing, storage reservoirs, backflow prevention and cross connection control) 6. Emergency Response (contingency plans, boil order responses, safety training, etc) Annual Report Condition 51 of the certificate requires submission of an Annual Report to the Department of the Environment within 30 days of the end of the year. At the Annual Compliance Evaluation in the fall of 2010, the Department of the Environment indicated that the deadline was extended to the end of March, 2011. The report provides pertinent technical and operating information to the regulator on the City's water systems: Analytical results (microbiological, organic and inorganic); System monitoring plan (including historical data on free chlorine residual, turbidity, pH, temperature, iron, manganese, and other aspects of water quality) Water production data (peak daily and monthly production); Annual chemical consumptions (chlorine and fluoride); Operational highlights (incidents and improvements /changes /additions); Summary of backflow prevention and cross - connection activities; Summary of flushing activities; Operator information (training, certifications, and staffing changes); and Information to the public. ANALYTICAL RESULTS Raw Water and Distribution System The City of Saint John obtains its drinking water from two watersheds — Spruce Lake (west) and Loch Lomond (east). The quality of water in the lakes that make up the watersheds is important to the final quality of treated potable water. To that end, Saint John Water analyzed 242 John wai 2010 Annual Water Report raw water sources in the eastern water system from ten locations and in the western water system from four locations. This raw water sampling is in addition to the water quality Sampling Plan approved by the Department of Environment. Appendix A includes maps of the east and west systems which note the raw water sample sites. Appendix B provides a summary of all parameters measured for each of the respective raw water sampling locations. The approved Water Sampling Plan from the Department of Environment required that samples be collected weekly at thirty one locations across the three water systems and microbiologically analyzed. Nineteen of the sites are analyzed semi - annually for inorganic parameters and quarterly for organic parameters. Organic and inorganic analytical results are included in Appendix C noting each location where the respective samples were collected. 3 Weekly microbiological results for e.coli (EC), total coliforms (TC) and monthly results for Heterotrophic Plate Counts (HPC) are in Appendix D. In 2010, there were issues with several Sampling Plan locations as follows: ➢ Red Head Convenience Store, 119 Red Head Road (NBSID 15054) — there were many occasions where the owner closed the store and samples could not be collected. It was planned to relocate the sampling point to the new Eastern Western Water Treatment Facility ( EWWTF), as the dead -end along Red Head Road was being extended to this point. However, as it was still under construction with no sampling tap available, it was agreed (verbally) with Departments of Health and Environment to sample at Praxair in the interim period. A new Sample Point ID for the EWWTF was requested from Department of the Environment. ➢ Ocean Well, 103 Ocean Drive (NBSID 15805) — construction began on the upgrade to this wellhouse, including the installation of a chlorine addition system. It is expected to be operational in 2011. ➢ Gault Road Pumping Station, 90 Gault Road (NBSID 15850) — this station was removed from service and demolished in early August of 2010. Sampling was relocated to the nearby Pressure Reducing Station, at 80 Gault Road. A new Sample Point ID was requested from Department of the Environment. The sampling plan adhered to during 2010 is summarized below. 243 John wai 2010 Annual Water Report rd Bacteriological (weekly sampling) Source Source Raw Water Distribution System Loch Lomond 1 18 Spruce Lake 1 9 Red Head 2 0 Total 4 27 Inorganic (semi - annual sampling) Source Source Raw Water Distribution System Loch Lomond 1 9 Spruce Lake 1 6 Red Head 2 0 Total 4 15 Organic (quarterly sampling) Source Raw Water Distribution System Loch Lomond 1 9 Spruce Lake 1 6 Red Head 2 0 Total 4 15 A full copy of the Sampling Plan, developed in conjunction with the Department of the Environment and the Department of Health, is contained in Appendix E. A map showing the various sampling locations is also included in Appendix E. In preparation for the preliminary design of new water treatment facility and to more closely monitor disinfection by- products, the following additional analyses continued through 2010. Given the levels of trihalomethanes (THMs) found at some of the sampling locations, the frequency of THM sampling remained at monthly; well above the Sampling Plan requirements of quarterly analyses. THMs are formed when the disinfectant chlorine reacts with decaying organic material in the untreated water. Results are reported in Appendix T. Haloacetic acids (HAAS) are another disinfection by- product formed when chlorine reacts with organic material in the untreated water. Although HAAs are not currently regulated in New Brunswick, it is expected that this will happen in the near future. Sampling for HAAs was performed monthly during 2010. Results are reported in Appendix T. Dissolved organic carbon (DOC) and total organic carbon (TOC) are precursors to the formation of both THMs and HAAs. These parameters continued to be monitored monthly during 2010. A goal in the design of new water treatment facility is the reduction of these organic precursors, so that when the disinfectant (chlorine) is added near the end of the treatment process, the quantities of THMs and HAAs formed will 244 John wai 2010 Annual Water Report 5 be substantially less than current, and less than the levels regulated by Health Canada. Results are reported in Appendix T. • Collection of samples for ultraviolet transmittance (UVT) began in May of 2007. Starting March 19, 2010, readings were taken at 254 run, as per Standard Methods for the Examination of Water and Wastewater, 21St edition, (2005). Previously, readings were taken at 265 nm. Results for 2010 are reported in Appendix T. • Taste and odour sampling continued to be monitored in 2010. The indicator parameters for taste and odour are Geosmin and MIB (2- methylisoborneol). Results are included in Appendix V. With respect to water testing, Saint John Water utilizes a number of laboratories. Analytical service providers include Saint John Laboratory Services Ltd. for microbiological analyses, Maxxam Analytics for organics, AGAT Laboratories for inorganics and organic carbon (dissolved and total), Maxxam Analytics for THMs and HAAs, Caduceon Environmental Laboratories for benzo[a]pyrene and pentachlorophenol, SGS Lakefield for taste and odour analyses, and AGAT Laboratories for the watershed analyses. Consideration is given to the proximity of the lab to the water system when selecting an analytical service as travel time delays results and could adversely impact the quality of samples being transported. Appendix K contains summaries of the applicable accreditations currently held by each of the laboratories utilized by Saint John Water. Since 2007, Saint John Water has been utilizing the WaterTrax data management service. It allows data to be input directly into the database by contract laboratories as well as field staff, and historical data may be reported via custom templates, plotted on trend screens, or downloaded into spreadsheet format. The Department of Health has access to all data within WaterTrax. Monitoring Results In June of 2004 a chlorine residual assurance program was put in place that manually tested for effective disinfection every 4 hours, every day, in both the east (Lakewood Heights Pumping Station) and west (Gault Road) systems. In the summer of 2010, the Gault Road Pumping Station was de- commissioned and the building was demolished. In lieu of manually sampling inside the underground Pressure Reducing Station six times per day, an on -line (continuous) chlorine analyzer was installed and connected to the SCADA system. In 2011, an on -line chlorine analyzer will be installed at the Lakewood Heights Pumping Station as well. The data collected during 2010 is summarized in tabular format in Appendix F. Residual chlorine is also monitored by on -line chlorine analyzers at the Latimer Lake Facility and Spruce Lake Facility. On -line turbidity monitoring was installed and commissioned at the Latimer Lake Treatment Facility and the Spruce Lake Treatment Facility in 2008. Manual calibration checks are performed to confirm the accuracy of the on -line instruments. The calibration check data collected during 2010 is summarized in Appendix T. 245 John wai 2010 Annual Water Report re The temperature of the raw water sources is also measured regularly. The data collected during 2010 is summarized in Appendix T. Included in Appendix G is the chlorine residual data collected as part of the regular water testing program (including east and west residual sheets) as well as other regularly monitored data, such as pH, temperature, turbidity, fluoride, total dissolved solids, conductivity, and iron. The SCADA system that monitors on -line parameters throughout the water system includes a system for generating alarms when conditions are outside of the pre -set desired operating ranges. Saint John Water continues to verify on a regular basis that this system for chlorination alarms, turbidity alarms, and facility intrusion alarms are operating correctly. During 2008 and 2009, a Safety Audit and a Confined Space Audit of water facilities were performed in conjunction with WorkSafeNB. The audits included the treatment plants, pumping stations, storage tanks, and underground chambers. This audit identified 443 items to be addressed, including, for example, ladders that do not meet current code, insufficient ventilation in some areas, improper labelling, improper storage of some chemicals, improper shielding, lack of Standard Operating Procedures, etc. By the end of 2010, 61% of the items identified had been addressed and others will be addressed in time. WATER PRODUCTION Spruce Lake System Annual water production during 2010 for the Spruce Lake system was approximately 33.9 billion litres, a decrease of 1.9 billion litres from 2009 annual Spruce Lake water production, which was 35.8 billion litres. Water production for 2008 was 40.2 billion litres, 2007 was 36 billion litres, 2006 and 2005 were each less than 32 billion litres. The largest contributor to the lower production as compared to the past few years is that in 2010, seasonal flushings were not required to maintain water quality in the Fundy Heights and Lower West Side zones. Prior to cleaning and lining of these zones (completed in 2009), there were approximately 10 flushing locations running continuously from April to October, for each of 2007, 2008, and 2009. Also, during the summer and fall of 2010, when the Ocean Westway and Dever Road capital projects were underway, Moosehead Breweries and the Milford/Randolf /Greenhead area were supplied water from the east system. The 900mm east transmission main was shut down from October 15 to November 18ffi, in order to attempt to raise the elevation in Latimer Lake following the October boil water order. It was shut down again for maintenance on December 18. All water delivered to Irving Pulp and Paper (IPP) during this period flowed via the 1500mm west raw water transmission main as opposed to a normal operating split of approximately one -third from east and two- thirds from west. In 2010 peak monthly production was 3.63 billion litres and comparatively 2009, 2008, 2007, 2006 and 2005 peak monthly production was 3.85, 4.1, 4.2, 3.3 and 4.2 billion litres respectively. 246 John wai 2010 Annual Water Report 7 Spruce Lake System 2010 Combined - Treated and Raw Water Production MONTH PEAK DAILY PRODUCTION (Mega Litres MONTHLY PRODUCTION (Mega Litres January 118.8 2,220.8 February 78.0 1,788.3 March 97.4 2,155.1 April 84.1 2,058.8 May 105.8 2,613.5 June 133.3 2,687.0 July 144.7 3,610.3 August 136.9 3,631.2 September 138.7 3,086.6 October 163.3 3,548.8 November 165.8 3,579.8 December 150.4 2,926.3 TOTAL 33,906.5 2010 Spruce Lake System Monthly Production 4,000 3,500 3,000 L 2,500 2,000 1,500 1,000 500 0 - Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. 247 John wai 2010 Annual Water Report poc Annual treated water production during 2010 for the Spruce Lake system was approximately 4.4 billion litres, a decrease of 1.5 billion litres. In 2010, peak daily production was 24.9 ML a decrease over 2009 which was 26.6 ML. Spruce Lake System 2010 Treated Water Production' MONTH PEAK DAILY PRODUCTION (Mega Litres MONTHLY PRODUCTION (Mega Litres January 23.8 306.1 February 11.6 276.3 March 15.5 321.1 April 20.0 352.0 May 20.5 359.8 June 23.1 462.3 July 13.4 316.6 August 17.3 320.4 September 18.5 310.5 October 17.5 438.8 November 24.9 480.6 December 18.5 420.3 TOTAL 4,364.8 `(excludes raw water to Coleson Cove and IPP) 2010 Spruce Lake System Monthly Treated Water Production 600 y 500 L c� 400 a� 300 200 100 0 Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. EM ohn Wd IP 2010 Annual Water Report W When the level of water in Spruce Lake dropped to 59.96 m (196.7') on July 8, 2010, staff turned on the 2000 horsepower Musquash pump and began transferring water from the Musquash watershed to Menzies Lake which is part of the Spruce Lake watershed. This interbasin transfer is necessary to provide for the industrial demand on the Spruce Lake system. The pumps were turned off on September 30, 2010 at which point the lake elevation was 60.41 m (198.2'). On November 2, 2010 the water level had dropped to 59.89 m (196.5') and the pumps were operated until November 30, 2010 when the water level was 61.20 m (200.8'). A total volume of 14.412 billion litres was transferred during the 114 days of pumping. During 2009 and 2008, the Musquash pump operated for a total of 26 and 48 days, with total volumes of 3.875 and 3.84 billion litres, respectively. Improved management of water continued in 2010, with removal of some of the stop logs from the Menzies Lake dam, which allowed water to flow by gravity via Menzies Brook and into Ludgate Lake /Spruce Lake. This reservoir was used during the peak demand period and stop logs returned in the fall to permit natural refilling of this basin and thus reducing pumping requirements. Map of Western Watersheds (Musquash and Spruce Lake) The Spruce Lake watershed is 20.4 km2 and the surface of the lake and City land total 18.9 km2 or 92.6% of the total Spruce Lake Watershed area. Loch Lomond System During 2010, annual water production for the Loch Lomond system was slightly under 42.4 billion litres, an increase of over 5.6 billion litres from 2009 Loch Lomond water production, which was 36.8 billion litres, and closer to the 2008, 2007, 2006 and 2005 production which was 38.3, 45.5, 42.9 and 43.4 billion litres respectively. 249 John wai 2010 Annual Water Report 10 Loch Lomond System 2010 Combined - Domestic and Industrial Water Production MONTH PEAK DAILY PRODUCTION (Mega Litres) MONTHLY PRODUCTION (Mega Litres) January 142.1 3,604.3 February 145.5 3,301.4 March 139.5 3,617.5 April 132.9 3,419.7 May 185.8 3,764.8 June 157.2 3,740.2 July 168.2 4,227.7 August 175.0 4,384.9 September 164.3 4,360.1 October 149.0 2,778.5 November 119.3 2,199.6 December 129.8 2,988.0 TOTAL 42,386.7 2010 Loch Lomond System Monthly Production 5,000 4,500 4,000 Ln 3,500 a� 3,000 2,500 2,000 1,500 1,000 500 0 Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. Annual treated water production for 2010 for the Loch Lomond system was approximately 39.5 billion litres, a slight increase of 2.8 billion litres from 2009 water production, which was 250 John wai 2010 Annual Water Report 11 36.7 billion litres. In 2010, peak daily production was 155.7 ML a decrease from 2009 which was 158.3 ML. Loch Lomond System 2010 Treated Water Production MONTH PEAK DAILY PRODUCTION (Mega Litres ) MONTHLY PRODUCTION (Mega Litres January 142.1 3,604.3 February 145.5 3,301.4 March 139.5 3,617.5 April 132.9 3,419.7 May 155.7 3,573.2 June 129.6 3,489.1 July 145.4 3,620.3 August 135.2 3,561.4 September 128.4 3,501.2 October 131.9 2,585.8 November 119.3 2,199.6 December 129.8 2,988.0 TOTAL 39,461.5 `(excludes raw water spillage to Irving Paper) 2010 Loch Lomond System Monthly Treated Water Production 4,000 3,500 3,000 ca 2,500 2,000 1,500 1,000 500 0 Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. 251 John wai 2010 Annual Water Report d` � D nt a X Map of Eastern Watersheds (Latimer and Loch Lomond) 12 The Latimer Lake watershed is 2 km2. The surface of the lake is 0.84 km2 (42 %) and the City owned land totals 0.85 km2 or 42.5% of the total Latimer Lake Watershed area. The Loch Lomond watershed is 104 km2. The surface of the lake is 9.9 km2 (9.5 %) and the City owned land totals 43.8 km2 or 42.1 %. Combined Systems Combining the 2010 average daily water production for both the western and eastern systems shows the overall system production (east and west combined) increased to approximately 209 million litres per day from 199 ML per day in 2009. Production in 2008, 2007, 2006 and 2005 was 215 ML, 224 ML, 201 ML, and 205 ML respectively. Production has therefore returned to historical levels. The reason for the overall system monthly production increase during the July to September period can largely be explained by the annual summer season increase by the larger industrial users; this was approximately 60 million litres per day on average. 252 John 1,, 2010 Annual Water Report 13 2010 Combined Systems (Spruce & Loch Lomond) Average Daily Production (by month including industrial flows) 300 250 m a n 200 150 CM 100 50 0 Jan. Feb. Mar. Apr. May Jun. Jul. Aug. Sep. Oct. Nov. Dec. Chemical Consumption During 2010, a total of 174.8 tonnes of gaseous chlorine were purchased for the Loch Lomond System, 159.8 tonnes of sodium hypochlorite for the Spruce Lake System and 93.1 tonnes of hydrofluorosilicic acid (fluoride) purchased for the combined east and west systems. A slightly lower than expected amount of fluoride was consumed as a result of the Latimer Lake fluoride system not being operational at the beginning of the year. The fluoride system was not in operation due to the capital improvements that were completed and as a result of the uiau y operational safety issues that needed to be attended to before the fluoride system could return to operation. Critical safety issues have been attended and the Latimer Lake fluoride system was returned to operation by the end of January 2010. 253 s 2010 Annual Water Report OPERATIONAL HIGHLIGHTS Watersheds During watershed patrols on Sunday, January 10, 2010, Saint John Water staff discovered that someone had created a roadway and had been cutting wood within the watershed boundary, off Clover Valley Road and near Robertson Lake. The Department of Environment was notified and visited the site. Following the evaluation of the affected area, for several months water quality samples were collected from the streams leading into Robertson Lake, with no adverse results. 14 Following further investigations, it was determined that approximately 8.1 hectares (20 acres) had been clear -cut, and that the Saint John Airport Authority had hired someone to cut trees that were in the line of sight for the airport runway. This contractor had removed more wood than the Airport Authority had instructed him to cut, however they had no legal contract in place. In the fall, the City and the Saint John Airport Authority settled out -of -court. 254 John wai 2010 Annual Water Report 15 On July 24, 2010, a vehicle over - turned at Ratcliff Brook, a tributary to First Lake, with an estimated maximum of 60 L of gasoline possibly released to the environment. Gasoline contamination was mitigated to a large extent by the spill containment booms provided by Department of the Environment. Saint John Water met with officials at Departments of Health and Environment, and it was agreed that more booms (further downstream) would be installed and monitored by Saint John Water staff, and that BTEX compounds (benzene, toluene, and xylenes) should be monitored regularly to confirm that the drinking water supply "+ was not contaminated by the gasoline. All r samples collected showed no detection of any BTEX compounds. On November 10, 2010, Saint John Water held its first Watershed Clean -up Day. In a four - hour period, fifty volunteers gathered over 23.5 metric tonnes (approximately 52,000 pounds) of garbage and litter from the areas near First Lake, Second Lake, Robertson Lake, and Latimer Lake. Nine loads (8 tandems and one packer) of garbage were hauled to the landfill. The garbage included 35 tires, various car parts, a pool table, couches /chairs, scrap metal, mattresses, water tanks, heating oil tanks, drumsibarrels, roofing and other construction materials, countertops, carpeting, appliances, oil containers, and general litter (including diapers, coffee cups, food wrap, bottles and cans, clothing, and mini propane tanks). 255 John wai 2010 Annual Water Report Water Ouality M1 The total cost of the Watershed Clean -up Day was approximately $12,000, which included labour and equipment costs, landfill tipping fees, clean -up supplies (gloves, garbage bags, etc), and a barbeque lunch for the volunteers. Another Watershed Clean -up Day will be planned for 2011. Several boil order notifications were issued during 2010. The following locations were affected: • April 23, 2010 — all users east of the Reversing Falls Bridge, excluding sections of Millidgeville - north of 106 Spar Cove Road, north of 183 Millidge Avenue, as well as Somerset Street north of the Atlantic Superstore. • July 28, 2010 — Mary's Place — civic numbers 9 and 10. On July 30, 2010, this boil order was extended to Tippett Drive, West of Mary's Place, and including Mary's Place, Mackie Lane, and Cove Roadway. On August 3, 2010, this boil order extended again, to include all residents after and including 537 Green Head Road. • October 7, 2010 —all users east of the Reversing Falls Bridge • November 21, 2010 —McAllister Industrial Park. The boil order in April was due to an error in operations, with a result that no chlorine was added into the system for a period of 15 minutes. A reduction in chlorine injection levels of this magnitude and duration reduces the effectiveness of the disinfection process and therefore the safety of the drinking water cannot be guaranteed; for this reason a boil water order was issued. The boil water order in July originated from a customer request for water testing. As part of the routine testing that is performed, chlorine residuals and microbiological parameters were tested. The chlorine levels were unacceptably low, and the microbiological testing was positive for total coliforms. A boil water order was issued. Additional samples taken in the vicinity resulted in the expansion of the boil water area by July 30th, and as testing continued, it was further expanded on August 3rd. 256 John wai 2010 Annual Water Report 17 Two conditions were required to be met before the boil water order could be lifted: negative microbiological results and satisfactory chlorine levels at all sampling locations. Normally, flushing at fire hydrants improves chlorine residuals; however, in this zone, sufficient flows to increase the chlorine residual could not be maintained without the homes located on high ground having no water. With approval from Department of Health and Department of Environment, a temporary chlorine injection system was set up on Church Avenue. By August 16, 2010, the boil order was rescinded. During the testing, it was found that there was a restriction in the cast iron main feeding the affected area, and that the chlorine residual was dropping by about 1 mg/L in this 400 m section of pipe. On August 23, 2010, cleaning and lining work began on 760 m of 200 mm cast iron pipe; following this work there was negligible reduction in chlorine along this section of pipe. Cleaning and lining of the remaining pipes in this zone is planned for the future. The boil order in October was the result of high turbidity in the east raw water supply, likely as a result of heavy rains, high winds, and low water elevation in Latimer Lake. An increase in turbidity can interfere with the effectiveness of the disinfection process and therefore the safety of the drinking water cannot be assured. A boil water order was therefore issued. The boil water order in November was issued following 2 positive total coliform results found during regular weekly sampling in the McAllister Industrial Park. A "Do Not Consume" order was issued for Simms Street on May 26, 2010. During the cleaning and lining of the water main along Simms Street, it was discovered that the water main contained an existing bituminous (coal tar) lining. Coal tar linings may produce poly aromatic hydrocarbons (PAHs), and for this reason, as a preventative measure, a "Do Not Consume" order was issued. A temporary water service was installed and disinfected, in order to provide water to affected residents until such time as the main could be cleaned and lined and returned to service. Copies of the boil order notices, the "do not consume" notice, the rescind notices, as well as information notices to the public are included in Appendix Q. The process of flushing watermains has a twofold purpose; it moves fresh water through areas of low flow and expels sediment and loose particles out of the distribution system. In areas that can't be flushed, problems compound with the inability to introduce fresher water. While it is important to strive to reduce the amount of water flushed, Saint John Water operates and manages the water system with public health, safety and quality of drinking water as its foremost priorities. 257 John 1,, 2010 Annual Water Report In order to flush as efficiently and effectively as possible Saint John Water has adopted unidirectional flushing (UDF) as the standard for routine pipe cleaning. This method controls the flow of water by strategically closing valves, thereby increasing flushing velocities and reducing water disturbances in the immediate area. After six (6) years of sector by sector development, Saint John now has the entirety of the city flushed with the UDF method except for those pipes predominantly north of the Saint John Throughway. Through these years Saint John Water has engaged the services of Aqua Data Atlantic to design and execute this service. Starting at the source of water, the science based sequences step through the vast network of pipes, pulling fresh water along the way to the extremities of the system. For 2010 we continued to move forward in the Loch Lomond Water System, expanding the flushed areas to the remaining portions of East Saint John and the South - Central Peninsula. The UDF sequences for Saint John were performed by two Aqua Data technicians between July 5, 2010 and October 20, 2010. With a significant number of infrastructure projects around the city it necessitated some sequence changes and at times Aqua Data relocated to a different area of the city, returning to finish the zone under construction at a later time. The following information highlights the results of this year's unidirectional flushing program. Table 3 -1: Statistics from the 2010 UDF Program Description Zone Total New West Sand Cove Carleton Lakewood Cottage Hill Central Low East Gravity City Center 2010 Jul V - Aug 171" - Aug 24'" - July 30`" - July 141" - July 27'" - Sept 7'" - Sept 22 "" - July 5`" - Date Aug 16 tl 24 m Sept 2 "a Aug 5 w 26 m 30 m 22 ' Oct 20 m Oct 20 m Number of 153 83 106 45 125 4�_ 127 176 861 sequences Total length of pipe (km) 76 22 33 21 56 21 85 59 373 Length of pipe 46 19 21 14 36 16 33 27 212 flushed (km) Total number of fire 323 113 176 79 223 99 308 295 1616 hydrants Number of fire 104 54 70 35 83 37 89 94 566 hydrants used Total number of 656 239 370 a74 450 196 643 711 3439 valves Number of valves 146 88 136 38 119 25 122 259 933 used Average number of valves operated per 4 5 5 1 3 1 2 5 4 sequence 258 ohn Wd IP 2010 Annual Water Report Table 3 -2: WDS Comparative Flushing Statistics 19 Description 2005 2006 2007 2008 2009 2010 Number of sequences 114 205 377 3 - 544 861 Total length of pipe (km) 35 51 137 130 224 373 Length of pipe flushed (km) 21 42 92 89 183 212 Total number of fire hydrants 1.58 278 608 594 987 1616 Number of fire hydrants used 71 131 252 234 368 566 Total number of valves 377 634 1298 1251 2057 3439 Number of valves used 137 228 407 402 570 933 Average number of valves operated per sequence 4 4 4 3 4 Given the age and condition of some sections of our infrastructure the targeted turbidity was to be less than or equal to 3.0 Nephelometric Turbidity Units (NTU). The average count achieved over the entire program was 1.7 NTU with 98% of the sequences measuring below 3.0 NTU. With an emphasis on UDF as an annual maintenance program, the past practice of flushing hydrants the conventional way has been discontinued. However from time to time conventional flushing is executed on dead ends and in response to areas where water quality problems are reported. In the summer of 2010 Saint John Water performed extensive continuous water quality flushing around the City. At its peak during the warm summer weather, 22 separate water quality flushings (see Appendix W) were active throughout the city; twelve were located on the east water system and ten on the west system. Eight of the flushings are year- round, the remainder are seasonal (temperature related). Flushings that are presently required will not necessarily be needed indefinitely. The need to flush water across the system will reduce over time as pipes are cleaned and lined, renewed, systems are looped, organics are removed through full treatment and the unidirectional flushing program is further advanced. 259 John wai 2010 Annual Water Report 20 The planned UDF program for 2011 will see a continuation of flushing in the established zones as well as the development and execution of sequences in the north end of the Saint John between the throughway and the intersection of Millidge Avenue and Somerset Street. Saint John Water is committed to unidirectional flushing and plans to continue expansion of the program until 2012 when it is predicted that the entire water system will have been modeled, and sequences designed and executed using the unidirectional method. Saint John Water laboratory staff calibrate the portable chlorine detection units to ensure reading accuracy. The HACH Chlorine Pocket Colorimeters calibration check is targeted to be performed on a quarterly basis, or more often if requested from the user. The units are compared against HACH standards to ensure their reliability. The results from these regular calibration checks are recorded and are included in Appendix J. In 2006 two portable turbidimeters were purchased for each water system and a calibration check frequency of quarterly was identified. Annually a HACH customer service representative is contracted to check the portable turbidimeters and on a rotational basis the HACH Chlorine Pocket Colorimeters. Functional Check Record sheets for the portable turbidimeters are also located in Appendix J. Backflow Prevention and Cross - Connection Control A cross - connection means any actual or potential connection between a potable water system and any source of pollution or contamination. A backflow prevention device is used to protect water systems from non potable connections, for example: water boilers, sprinkler systems, commercial and industrial equipment. As of December 31, 2010 there were 2,346 testable backflow prevention devices registered with the City of Saint John Cross- 1 Connection Control Program. Of these 346 were installed in 2010; 49 of which are premise isolation devices in buildings used for commercial, institutional, and multi - residential purposes. The Plumbing Inspector and the Manager, Water Use Management remain active members of the New Brunswick Backflow Prevention Association and the Cross - Connection Control Sub- committee of the Atlantic Canada Water Works Association ( ACWWA). Locally they represent the ACWWA as proctors overseeing certification examinations for the testers of backflow prevention devices. 260 John wai 2010 Annual Water Report Water Distribution 21 In 2010, Saint John Water staff responded to 63 watermain breaks, the mains ranged in size from 50 mm to 600 mm in diameter, this is one more than in 2009. A detailed listing of the breaks is located in Appendix M. The most significant break occurred on March 3rd at the intersection of Loch Lomond Road and Hickey Road, a catastrophic failure of a 600 mm transmission main. The repair required two and a half days to complete which included the replacement, disinfection, and the re- commissioning of a 3 m section of the main that had been installed in 1857. See Appendix Q for the Public Service Announcement associated with the above mentioned break. In the summer of 2010, a section of 900 mm diameter wood stave transmission watermain that was approximately 1280m long was taken out of active service and abandoned. This wood stave water transmission main, located along Pipeline Road East, ran from Phinney Hill to just past the Little River crossing. When the excavation began, petroleum hydrocarbon odours and staining were identified in the soil and the surface water in the area immediately surrounding the uncovered line. The pipeline, which had been constructed in 1948, had been coated with a dark - coloured wood preservative to extend the life of the pipe. Current utility staff was unaware of this until the pipeline was exposed during construction. The wood stave water transmission line was capped and abandoned. In 2009 the Parks Street Pump Station Upgrade project began, and continued into 2010. The project includes the replacement of one diesel pump with one diesel generator capable of operating both pumps. In addition, the roof of the station was replaced, the electrical conduit was renewed, and a magmeter installed to measure flow. As of the end of 2010, it remains for the diesel generator to be commissioned. 261 John 1,, 2010 Annual Water Report 22 In August of 2010, the Gault Road Pumping Station was demolished. It had not been used as a pumping station since the commissioning of the Churchill Heights Water Storage Reservoir in 2006; water was simply passing through the station. As the building itself required an extensive maintenance upgrade, and there was no foreseeable future use for the station, it was decided that the building should be demolished. Gault Road Pumping Station, Before and During Demolition On December 18th, 2010 the 475 mm water main crossing under the Reversing Falls Bridge was taken out of service due to a leak within the west end bridge abutment. After reviewing the options and the cost of a repair it was decided to leave the pipe out of service as it is scheduled for replacement in 2012. In the winter of 2010, Saint John Water did not receive a single frozen service call. This can be attributed to the lowering of water services program. This program saw Saint John Water crews excavate, lower and insulate all services that had frozen in previous winters. In 2008 Saint John Water purchased WaterGems water modeling software. A portion of 2008 and all of 2009 was been spent developing a model that accurately reflects the piping infrastructure and system demands. In 2010, the remaining smaller diameter pipes on the east side were entered, completing all loops in the system. Demands have been redistributed and controls have been added and adjusted. The uses for the water model include verification of new watermain sizing as well as numerous water system simulations. Major water model additions in 2010 include the new transmission mains on Beaverbrook Avenue, Ocean Westway, and Dever Road. Nineteen water modeling projects were carried out in 2010 which dealt with pressure, flow, water age, fire flow, and tank analyses. 262 John wai 2010 Annual Water Report As part of a routine water storage reservoir maintenance program Saint John Water drained, inspected, chlorinated, microbiologically tested and put back into service the 5,100,000 litre (1,129,000 Imperial Gallon) Lancaster water storage reservoir. 23 Saint John Water had initially planned to drain, clean, inspect and disinfect the 4,500,000 litre (1,000,000 Imperial gallon) Millidgeville Water Storage Reservoir during 2008. A Capital Project was also scheduled to install a mixing system within the tank at the same time. However, during preliminary test runs, it was discovered that there was insufficient suction pressure at Somerset and University Avenue Pumping Stations to isolate this tank from service. The major risk factor was that one fire hydrant operating at half - capacity would be available in the entire Millidgeville zone for the two -week shut -down of the tank. This was considered an unacceptable risk by Saint John Water. There was already a Capital Project listed that included installation of more piping on the suction side of Somerset Pump Station (Beaverbrook Avenue, Visart Street, and Somerset Street) specifically to improve service and pressure to this zone, and it was decided to postpone tank maintenance until this Capital project was completed. In early fall of 2010, the Capital work was completed, and after verifying the suction pressure conditions at Somerset Street Pumping Station, the Millidgeville water storage reservoir was removed from service, drained, cleaned, inspected, the new mixing system was installed, and the tank was disinfected and returned to service. Under the Infrastructure Stimulus Fund Program, a project to rehabilitate the Cottage Hill and Rockwood Park water storage reservoirs was approved. This project began in the fall of 2010, and will be completed by the end of March 2011. Condition 57 of the Approval to Operate requires submission of a report listing all sources of cross- connections between potable water and sewer systems. The report is to provide a listing of such connections, a detailing of mitigation measures to be taken, and an implementation schedule. Staff reviewed records and completed field investigations to identify the locations and types of such cross - connections. In the 2006 Annual report it was noted that staff of Saint John Water identified a total of 115 cross - connections. Field evaluations of each location were completed and a plan established to remove the cross - connections. In June 2007 Saint 263 John wai 2010 Annual Water Report 24 John Water staff informed the Department of Environment there were now 114 cross - connections still remaining and a comprehensive document complete with sketches of all 114 connections was submitted. It was proposed, that the work estimated at $1 million, be completed over a two -year period as part of the Water & Sewerage Utility Fund Capital Program. The first - $500,000 (Phase 1) of the work was approved in December 2007 as part of the 2008 Water & Sewerage Utility Fund Capital Program. The project included the removal of flushing cross - connections and the installation of new fire hydrants for future flushing capabilities. Phase I of the program was completed in 2008; of the 57 cross - connections identified, 29 were removed, 4 were deferred to 2009 and 24 had been removed by Saint John Water maintenance crews in previous' years. The second - $500,000 (Phase 2) of the a: r work was approved as part of the 2009 Water & Sewerage Utility Fund Capital Program. This project like Phase 1 also included the removal of flushing cross - connections and the installation of new fire hydrants for future flushing capabilities. Phase 2 of the program was tendered in ` September 2009 and awarded in October 2009, however work was not able to commence given the lateness of the construction season, and was undertaken during the 2010. In addition, another $100,000 was allocated in the 2010 Water & Sewerage Utility Fund Capital Program as more cross - connections were recently identified during the water system record (map) updating that is underway. Work to be completed during the 2011 construction season is included in Appendix U. The record updating will continue and any new cross - connections identified will be tracked separately to allow for continued budgeting, design and construction work to eliminate all cross - connections. CAPITAL WATER SYSTEM IMPROVEMENTS During 2010, Municipal Operations and Engineering administered a total of 20 water related capital projects designed to renew, clean and line and install new water main. Appendix H provides a detailed listing of the projects that were included in the 2010 Water and Sewerage Utility Fund Capital Program approved by Common Council. In 2010, the utility share of capital funding to water related categories (which are made up of infrastructure renewal - water, the safe clean drinking water program, and watershed protection) totalled over $20.1 million or as can be seen by the pie chart on the first page in the Appendix H, 54.5% of the utility share of capital expenditures. In summary, 2010 approved projects included; cleaning and lining of approximately 6,926m of water distribution main, renewal of 14,000m of watermain ranging in size from 200mm to 1200mm, removal of 35 watermain flushing cross - connections between the water distribution and sanitary collection system, as well as construction of the Woodward Avenue PRV and the 264 John wai 2010 Annual Water Report 25 installation of flow meters on watermains within the distribution system and the creation of a program to monitor and audit the water usage in each district. In 2010, a contract was awarded to demolish the existing well house at 103 Ocean Drive, protecting the wellhead, and construct a new building complete with disinfection equipment. The project also involved a piping component to install a 300 mm pipe loop to act as a contact chamber and allow adequate mixing of chlorine with the well water in advance of the first customer. The new well house is now complete; the pump has been reinstalled in the well with a new pump starter, a new sodium hypochlorite disinfection system, residual analyzer and SCADA monitoring ability. It is expected the new system will be commissioned in early spring 2011, and that the well, which has been isolated from the subdivision distribution system, will be tied back into the distribution system shortly after. On Monday August 17, 2009 it was announced publicly that all six projects which had been submitted for funding consideration under the Infrastructure Stimulus Fund Program had been approved to receive funding support. The six projects that received funding support, all essential projects of the Action Plan for Safe, Clean Drinking Water were: 1. Pipeline Road West ($5,700,000) - The project generally consisted of renewing 3400m of 600mm transmission main (circa 1890's) and installation of 1700m of 200mm distribution main. The distribution main would permit the transfer of services from the transmission main to the distribution main. 2. Beaverbrook Avenue ($2,195,000) — This project consisted of the installation of 1000m of 400mm watermain on Beaverbrook Avenue between Dufferin Avenue and Pugsley Avenue and the installation of 200m of 300mm watermain on Somerset Street. Benefits included; sufficient flow and pressure to the Somerset Street Pumping Station during a downstream fire, and as well provide the ability to remove from service for maintenance purposes the Millidgeville Water Storage Tank. 3. Dever Road ($3,900,000) - The project included the installation of 1800m of 600mm diameter (or smaller) water transmission main from Manchester Ave to Main Street along Dever Road. This would replace the existing transmission main that was installed in 1898. It also included the installation of 500m of 300mm diameter distribution main to provide a redundant water supply to the Milford/Randolf /Greenhead area. 4. East — Phinney Hill Transmission Mains ($7,000,000) - The project generally consisted of the installation of 3200m of 1200mm (approximately) water transmission main from Phinney Hill to Lakewood Heights Pump Station. This replaced a critical transmission main in preparation for the new water treatment facility. 265 John 1,, 2010 Annual Water Report 961 5. District Metering Program ($1,400,000) - The project consisted of the installation of flow meters on watermains in various sections of the water system. The flow data will be used to audit the water demands in each district /subdivision to identify high usage and possible water system leakage, a critical tool to manage water demands. 6. Reversing Falls Bridge Transmission Mains ($3,800,000) - The project involves the complete replacement of the existing single 480mm pipe with two new 500mm diameter watermains. This will provide for security and reliability of the supply. The total cost of the six projects was $23,995,000. The contribution approved through the Infrastructure Stimulus Fund Agreement amounted to $15,996,667 or approximately 66.7% of the total eligible project costs. Upon preliminary meetings for the Reversing Falls Bridge Transmission Mains project, the Department of Transportation indicated that the bridge requires a structural assessment, relating to the addition of the watermain. This additional requirement would have delayed the project beyond the March 31, 2011 deadline for project completion. Also, major refurbishment work on the Saint John Harbour Bridge was scheduled for 2010. This project was therefore replaced with three smaller projects, all approved under the Infrastructure Stimulus Fund Program, one of which was related to asphalt pavements, and two of which were related to Saint John Water, as follows: 1. Rehabilitation of the Cottage Hill and Rockwood Park Water Storage Reservoirs ($600,000) - The project consists generally of rehabilitation of the interior lining, external coating, and metal works at both of the storage reservoirs, as well as welding repairs, installation of a new access hatch, installation of a cathodic protection system, and fencing, at the Rockwood Park reservoir. 2. Spruce Lake Industrial Park Watermain Installation ($900,000) - Isolate 900mm diameter transmission main, and install 980m of 250mm diameter watermain along King William Road and Water Tower Road to service the Spruce Lake Industrial Park. The above seven projects were either completed in 2010, or are scheduled to be completed in early 2011. Pipeline Road West Project — 600mm cast iron (installed in 1898), replaced with PVC 266 John 1,, 2010 Annual Water Report 27 The Water & Sewerage Business Plan Review that was completed in 2002 determined significant investments in infrastructure renewal were necessary to ensure the future sustainability of the system. As shown in the following graph, significant infrastructure improvements have been made and continue to be made. In 2010 a significant amount of new pipe installation was budgeted and designed with construction to occur in 2011. Approved Capital Water Main Improvement Plans 25000 20000 a) is 15000 J C 10000 M 5000 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Year ■Renewal ONew Install ORehabilitation Within Appendix I is a list of the projects approved as part of the 2011 Water and Sewerage Utility Fund Capital Program. OPERATOR TRAINING & CERTIFICATION Saint John Water continues to make advances in the operation and maintenance of our water and wastewater systems and the pivotal role they play in providing for the protection of public health and the delivery of a vital service. Since 2001, the City of Saint John through a partnership with the New Brunswick Community College (NBCC) - Saint John has developed training programs for its water and wastewater operators. The training has been attended by City of Saint John staff, numerous other municipalities from across New Brunswick and by private companies. Saint John Water continues to pursue the creation of a 2 year Water and Wastewater Technician Program. 267 John wai 2010 Annual Water Report Employees have continued to make progress in 2010, working towards meeting specific training and certification requirements as required within the Approvals to Operate. It is recognized that training is integral to improving the quality, efficiency and effectiveness of water and wastewater services. A number of formal training courses were offered to staff during 2010. These courses provide employees with CEUs (Continuing Education Units) and contribute to an environment of continuous learning. While ongoing CEU requirements are not necessary according to the Approval to Operate; Saint John Water strongly believes in improved competencies and skills through continuous learning. Listed below are all formal courses that were offered, complete with a short descriptor. 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 .: John wai 2010 Annual Water Report 29 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, and tertiary treatment. CFS Water Distribution - General Knowledge Water Supply Fundamentals: provides knowledge and skills related to safety, mathematics and basic science as it applies to Water 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. Water Quality Fundamentals: provides knowledge and skill related to potable water quality assurance and quality control, including water sampling and quality, public health implications and regulatory requirements. Water Supply Process: provides knowledge and skill related to water supply system operation and maintenance. CFS Water 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. Water Quality Fundamentals: provides knowledge and skill related to potable water quality assurance and quality control, including water sampling and quality, public health implications and regulatory requirements. Water Treatment Process: provides knowledge and skill related to water treatment system operation and maintenance, including water treatment overview, primary treatment, secondary treatment, disinfection processes. 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, 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. 269 John wai 2010 Annual Water Report 30 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 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. 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. 270 John wai 2010 Annual Water Report 31 Natural Gas Salty - Participants learn safe work practices for carrying out street construction operations near natural gas pipelines. The lecture also includes complying with regulations for natural gas pipelines, regulatory authority, notification procedure, penalties associated with non- compliance, required work method and emergency procedures and hazards associated with natural gas. Occupation Health and Safety 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 Salty 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. Water Craft 0 perato - In -class safe boating course that last 3 hours on average. All the necessary material you need to obtain your "Pleasure Craft Operator Card" is covered. Included in the 3 hour course is a 45 minute exam which participants must pass in order to get their operator card. Professional Driver Improvement - Participants develop skills to prevent collisions by learning a positive approach to driving. Resource Mana em�ent - 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. 271 John wai 2010 Annual Water Report Taa Out Lock Out — According to New Brunswick 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. Temporary Services Install & Disinfection — Participants learn to apply safe work methods for installing and disinfecting temporary services. Training materials used include the drinking water standards, transportation of dangerous goods, backflow prevention, safe work procedures and emergency procedures. Transportation of Dangerous Goods (TDG) — Participants learn about the Transportation of Dangerous Goods Act and become legally certified to transport materials covered by this legislation. Topics include: TDG classifications, packing requirements, TDG symbols, shipping documents and dangerous occurrences. Trenching Safe - Its purpose is to teach safe trenching practices, introduce the dangers of construction excavations, the mechanics of trench cave -ins, potential hazards to workers, requirements under the Occupational Health and Safety Act and protective systems used to avoid trench cave -ins. Vibration Analysis — Participants learn how to diagnose malfunctions in pumps, motors and related equipment with course goals including; strengthening of preventative maintenance programs, minimizing repair expenses and extending infrastructure life. Supervisory Training — The objective is to develop supervisory personnel by providing a series of training modules focusing on key supervisory competencies. WHMIS (Workplace Hazardous Materials Information System) — A system in Canada that provides information on the safe use of hazardous materials in the workplace. Information is provided by means of product labels, material safety data sheets (MSDS) and worker education programs. Work Zone Safety - This course is to protect employees from vehicular traffic passing through construction sites. It teaches control procedures, personal protective equipment, general design instructions and emergency procedures. 32 Appendix N provides a comprehensive summary in tabular form of the Saint John Water team members who attended the various aforementioned courses during 2010. 272 John 1,, 2010 Annual Water Report 33 As summarized in the table below, in 2010 several members of the Saint John Water team challenged and achieved class I, II, III or IV certification. In addition to the new certifications achieved by staff over the past year, Appendix L provides comprehensive summary of all staff certifications achieved to -date. Certifications Achieved in 2010 e H U U U U U U U U U U U U U NAME Rodrigue Comeau ' Brenda MacKinnon ' Ed Crowley ' Joey St. Coeur ' Randy Benson ' Mike Martin ' Peter Fudge ' John Perry ' Mark McKenzie ' Sean Seaward ' Darren Boudreau ' Jeremy Fader ' Richard Graves ' Nicole Taylor ' 'Water Distribution, 'Water Treatment, 'Wastewater Collection, 'Wastewater Treatment Operator Training — Water Treatment The Approval to Operate requires that an operator (operator in direct responsible charge) complete, as appropriate, either, the "Water Distribution System Operation and Maintenance" course or the "Water Treatment Plant Operation, Volumes I & II ", California State University correspondence course or alternatively, either the "New Brunswick Community College Water Distribution Fundamentals Program" or the "New Brunswick Community College Water Treatment Operation Fundamentals Program ". 273 John wai 2010 Annual Water Report Condition 41 34 The Approval Holder shall ensure that all water treatment system operators meet the following, as per the Water Quality Regulation 82 -126, article 19: a) completion of the California State University Water Treatment Plant Operation (Volumes I and II) course, or the New Brunswick Community College Water Treatment Operation Fundamentals Program, or an approved equivalent. The Approval Holder shall also ensure that all new operators employed at the facilities complete the above - mentioned course within I year following the commencement of work at the facilities; and b) Atlantic Canada Water and Wastewater Voluntary Certification Program (ACWWVCP) Constitution's education and experience requirements to write a CLASS I Water Treatment System Operator Exam within 2 years following the commencement of work at the facilities. Ms. Nicole Taylor, P.Eng., M.Eng., Operations Manager, Water Resources and Quality, is the overarching operator with direct responsible charge for both water treatment facilities and Ms. Taylor has completed the Water Quality & Water Treatment Fundamentals. Chris Petrie, Superintendent, Water Treatment Facilities (new hire), will be completing Water Quality & Water Treatment Fundamentals in 2011. As identified below, all water treatment operators have completed the NBCC Water Treatment Operations Fundamentals Program. In addition, all four operators have also completed the more advanced Water Quality & Water Treatment Intermediate Program. Stephen Breen Water Quality & Water Treatment Fundamentals — Completed June 2005 Common Intermediate — Completed May 2006 Water Quality & Water Treatment Intermediate — Completed December 2007 James Duke Water Quality & Water Treatment Fundamentals — Completed June 2005 Common Intermediate — Completed March 2006 Water Quality & Water Treatment Intermediate — Completed December 2007 Leroy Graham Water Quality & Water Treatment Fundamentals — Completed June 2005 Common Intermediate — Completed March 2007 Water Quality & Water Treatment Intermediate — Completed December 2007 Peter Kierstead Water Quality & Treatment Fundamentals — Completed March 2005 Common Intermediate — Completed May 2006 Water Quality & Water Treatment Intermediate — Completed December 2007 In summary, all treatment operators meet Condition 41 of the Approval to Operate. 274 John wai 2010 Annual Water Report Operator Certification — Water Treatment Condition 43 /Condition 44 35 The Approval Holder shall ensure that the certification level of the Operator in charge is equivalent to the classification of the water treatment facility. The Approval Holder shall employ, as a minimum, one (1) Class II Water Treatment Certified Operator and one (1) and one (1) Class I Water Treatment Certified Operator. Through discussions with the DOE Drinking Water Approvals Engineer in 2008, it was clarified that Ms. Taylor being the operator with direct responsible charge of the overall water treatment system is the individual who should be certified to Class II water treatment. Ms. Taylor attained Class IV certification in 2010. Chris Petrie, Superintendent, Water Treatment Facilities (new hire), will be writing CLASS I certification following completion of the Water Quality & Water Treatment Fundamentals training, and following one year of experience. With respect to certification requirements, as noted below, in each instance the certification level of the operator is equivalent to the system classification. As well, Saint John Water employs more certified operators than the minimum required. Saint John Water is in compliance with Conditions 43 and 44. TREATMENT Operator Name Operator Certification Level System Classification Stephen Breen Water Treatment Level II Class II James Duke Water Treatment Level II Class II LeRoy Graham Water Treatment Level II Class II Peter Kierstead Water Treatment Level II Class II Operator Training -Water Distribution Condition 36 The Approval Holder shall ensure that all water distribution system operators meet the following, as per the Water Quality Regulation 82 -126, article 19: a) completion of the California State University Water Distribution System Operation and Maintenance course, or the New Brunswick Community College Water Distribution Fundamentals Program, or an approved equivalent. The Approval Holder shall also ensure that all new operators employed at the facilities complete the above - mentioned course within 1 year following the commencement of work at the facilities; and b) Atlantic Canada Water and Wastewater Voluntary Certification Program (ACWWVCP) Constitution's education and experience requirements to write a CLASS I Water Distribution System Operator Exam within 2 years following the commencement of work at the facilities. 275 John wai 2010 Annual Water Report U61 Mr. Jeremy Howley, P.Eng., Operations Manager, Water & Sanitary Systems, is the overarching operator with direct responsible charge for the water distribution system. Mr. Howley completed the Water Distribution Fundamentals level training in January 2009. As identified below, all water distribution system operators have completed the NBCC Water Distribution Fundamentals Program and all with the exception of two have completed the more advanced Water Quality & Water Distribution Intermediate Program. Clyde Carpenter - has completed the fundamentals training Common Intermediate — Completed spring 2007 Patrick Hogan Common Intermediate — Completed winter 2005 Water Quality & Water Distribution Intermediate — Completed spring 2007 Frederick McGrath — has completed the fundamentals training Common Intermediate - Completed winter 2005 Water Quality & Water Distribution Intermediate — Completed spring 2007 Gary Melanson — has completed the fundamentals training Common Intermediate — Completed spring 2006 William Melanson Common Intermediate — Completed winter 2005 Water Quality & Water Distribution Intermediate — Completed spring 2007 George Payne — has completed the fundamentals training Common Intermediate — Completed May 10, 2006 Water Quality & Water Distribution Intermediate — Completed spring 2007 In summary, all distribution system operators meet Condition 36 of the Approval to Operate. Operator Certification - Water Distribution Condition 39 1Condition 40 The Approval Holder shall ensure that the certification level of the Operator in charge is equivalent to the classification of the water distribution facility. The Approval Holder shall employ, as a minimum, one (1) Class IV Water Distribution Certified Operator and one (1) and one (1) Class III Water Distribution Certified Operator. Considering the classification of drinking water distribution facilities is Class IV it is understood there should be as a minimum one Class III and one Class IV operator. Through discussions with the DOE Drinking Water Approvals Engineer in 2008, it was clarified that Mr. Howley being the operator with direct responsible charge of the overall water distribution system is the individual who should be certified to Class IV water distribution. Mr. Howley challenged and attained his Class IV Water Distribution in December of 2009, in addition, 276 John wai 2010 Annual Water Report 37 Mr. Pat Hogan, an operator with Saint John Water also has a Class IV water distribution certification. Saint John Water employees that have attained Class III certification in water distribution include; Mr. Frederick McGrath, Mr. Calvin MacKinnon, Mr. Mike Martin and Mr. Art Hovey. Saint John Water is in compliance with Conditions 39 and 40. DISTRIBUTION Operator Name Operator Certification Level System Classification Patrick Hogan Water Distribution Class IV Class IV (for WD) Certified Operator II Water Treatment Wastewater Collection Class II Frederick McGrath Water Distribution Class III Class IV (for WD) Certified Operator II Water Treatment Wastewater Collection Class II Clyde Carpenter Clyde Carpenter Water Distribution Class II Class IV (for WD) Distribution/Wastewater Collection Wastewater Collection Class II William Melanson Gary Melanson Water Distribution Class II Class IV (for WD) Distribution/Wastewater Collection Wastewater Collection Class II Gary Melanson William Melanson Water Distribution Class II Class IV (for WD) Distribution/Wastewater Collection Wastewater Collection Class II George Payne George Payne Water Distribution Class II Class IV (for WD) Distribution/Wastewater Collection (Wastewater Collection Class II) HUMAN RESOURCES Responsible Staff Patrick Woods, CGA Leroy Graham City Manager Certified Operator I Water Treatment Paul Groody, P. Eng. Stephen Breen Commissioner, Municipal Operations & Certified Operator II Water Treatment Engineering (responsible for Saint John Water) Brent McGovern, P.Eng. Peter Kierstead Deputy Commissioner, Saint John Water Certified Operator II Water Treatment Brian Keenan, P. Eng. Clyde Carpenter Engineering Manager, Municipal Certified Operator I Water Engineering Distribution/Wastewater Collection Nicole Taylor, M.Eng., P.Eng William Melanson Operations Manager, Certified Operator II Water Water Resources & Quality Distribution/Wastewater Collection Jeremy Howley, P.Eng. Gary Melanson Operations Manager, Certified Operator I Water Water & Sanitary Systems Distribution/Wastewater Collection John Clack George Payne Manager, Certified Operator II Water Water Use Management Distribution/Wastewater Collection 277 John wai 2010 Annual Water Report Graham Huddleston, P.Eng. Fred McGrath Operations Manager, Certified Operator II Water Environmental Protection Distribution/Wastewater Collection James Duke Pat Hogan Certified Operator II Water Treatment Certified Operator II Water Distribution New Hires During 2010, the City of Saint John hired 5 new employees within Saint John Water operations. Each new hire is listed in the table that follows. Name Status Christopher Petrie New hire — Superintendent, Water Treatment Facilities James Margaris New hire — Superintendent, Wastewater Treatment Facilities Goeff Kelly Skilled Labourer Jordy Hickey Skilled Labourer Wade St. Coeur Instrumentation Journeyman Staffing Changes In addition to the new employees hired during 2010, there were numerous Saint John Water staffing changes which are summarized in the table below. Name Status Daniel Melanson Retired Ralph Joudrey Retired Walter Gilbert Retired Rod Comeau Promoted from Water Treatment Maintenance Technician to Water Treatment Maintenance Specialist Kevin Ayles Promoted from Water Treatment Maintenance Technician to Water Treatment Maintenance Specialist Brian Marr Promoted from Water Treatment Maintenance Technician to Water Treatment Maintenance Specialist Scott Foley Progressed from Labourer to Skilled Utility Worker, and later resigned. Peter Kierstead Promoted Certified Operator I Water Treatment to Certified Operator II Water Treatment Stephen Breen Promoted Certified Operator I Water Treatment to Certified Operator II Water Treatment 278 John wai 2010 Annual Water Report 39 Jeremy Fader Resigned Ed Crowley Progressed from Labourer to Skilled Utility Worker Joey St. Coeur Progressed from Labourer to Skilled Utility Worker Trent Mercer Progressed from Labourer to Skilled Utility Worker PUBLIC INFORMATION Communications During the 2010 capital construction season communication (bilingual) was regularly provided to citizens by means of weekly construction updates, an example of which can be seen in Appendix P. 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. In addition to the construction updates the City continued with its Work Zone Safety campaign that had been started in 2009. This consisted of bus boards reminding motorists to reduce speed and drive with caution in construction zones, an example of this advertisement can be found within Appendix R. Corporate Communications staff have provided invaluable support. In addition to regular weekly update notices there was also information regularly sent out during the summer season with respect to watermain flushing. This information is advertised regularly in the local newspaper as well as on the City of Saint John website to provide citizens with information relating to when and where the flushing is being carried out, noting that there may be some discoloration of water and providing a contact number for further information. A hydrant flushing notice is included within Appendix Q. Further to the regular public information, there are also instances where media releases or special communications are required from time to time. In November the Watershed Clean - Up Day was advertized in the newspaper. Another example of special communications was during the boil water orders of 2010; see Appendix Q for notices issued. Appendix R provides some examples of Saint John Water media coverage in 2010. Customer Service Among the hundreds of customer requests /inquiries received during 2010, a total of 110 were related to water quality and pressure problems that were received through Service Support. Each of the 110 requests were logged as the call was received; included in Appendix S are the list of requests summarized by area (east, west, north, south) and complete with the civic address, a brief description detailing the reason for the job order and any comments relating to the issue or water quality. 279 John wai 2010 Annual Water Report .o Additional calls were referred to the Saint John Water Environmental Laboratory. In total, the Saint John Water Laboratory responded water quality concerns at 87 locations as can be seen on each of the Customer Action Forms enclosed in Appendix S. The forms note the results of each customer analyses and the corrective action undertaken in each instance. COMMITMENT Saint John Water is committed to service excellence and seeks to continuously improve its operations to meet the diverse needs of its customers. However, Saint John Water has significant infrastructure challenges; old infrastructure and inadequate levels of treatment which present known and unacceptable risks to the user. The Saint John public water system was first established in 1837; the first public water system in Canada and it still has in service today major system components that date back over 155 years, well beyond their useful life. To address the present unacceptable risks, Saint John Water has developed an Action Plan for Safe, Clean Drinking Water. The Action Plan is being updated to set forth a path to renew system infrastructure, construct a modern drinking water treatment facility, reduce system demand, monitor system usage and provide necessary storage; all to assure that safe, clean drinking water will be delivered reliably and sustainably. Understanding the immeasurable value of drinking water to the community Saint John Common Council has made safe, clean drinking water its foremost priority. WE