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2011-07-18_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, July 18, 2011 Committee of the Whole 1. Call to Order 4:30 p.m. 8th Floor Boardroom City Hall 1.1 Approval of Minutes 1.2 Nominating Committee 10.2(4)(b) 1.3 Financial Matter 10.2(4)(c) 1.4 Legal Opinion 10.2(4)(f,g) 1.5 Legal Opinion 10.2(4)(f,g) Regular Meeting 1. Call to Order — Prayer 6:00 p.m. Council Chamber 2. Approval of Minutes 2.1 Minutes of June 20, 2011 2.2 Minutes of July 4, 2011 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Proposed Public Hearing Date - 1035 Burchill Road and 194 St. James Street West (Recommendation in Report) 5.2 Tender for Highway Salt (Recommendation in Report) 5.3 Digital Imaging Equipment (Recommendation in Report) 5.4 Microsurfacing - 2011 (Recommendation in Report) 5.5 Unidirectional Flushing (Recommendation in Report) 5.6 Street Naming (Recommendation in Report) 5.7 Responsibilities of the Saint John Development Corp. (Recommendation in Report) 5.8 Easement Acquisition for Municipal Storm and Sanitary Sewer Lines - 130 River Hill Drive (Recommendation in Report) 5.9 Thorne Avenue Lift Station #4 Project - Easement Requirement PID 55027759 (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations/ Presentations 4 8.1 Organizational Re- Alignment 8.2 2012 Service -Based Budget Format and Process 8.3 Customer Service Update 9. Public Hearings 10. Consideration of By -laws 10.1 Proposed Zoning By -Law Amendment - Lands Adjacent to 460 Latimore Lake Rd (tabled from July 4, 2011) 10.2 Third Reading Zoning By -Law Amendment - 1429 Loch Lomond Rd 10.3(a) Third Reading Zoning By -Law Amendment - 1515 Loch Lomond Rd 10.3(b) Section 39 Conditions 10.4(a) Third Reading Zoning By -Law Amendment - 2797 Loch Lomond Rd 10.4(b) Section 39 Conditions 10.5 Third Reading - Traffic ByLaw Amendment - Speed Limits on Main Street 10.6 Public Presentation - Proposed Municipal Plan Amendment 109 -113 Prince Edward St and 27 Richmond St 11. Submissions by Council Members 11.0 Letter re Royal Charter (Mayor Court) 11. Letter of Support for Canadian Blood Services (Mayor Court) 11.1 Dorchester Street Parking (Mayor Court) 11.2 Quinton Heights Playground / Green Space Investment (Councillor McGuire) 11.3 Possible NB Power Above - Ground Power Transmission Corridor Entering West Saint John Neighbourhoods (Councillor McGuire) 11.4 Rationalization of Commissions (Councillor Sullivan) 11.5 Grade 3 Council Chamber Visit (Councillor Sullivan) 12. Business Matters — Municipal Officers 12.1 City Manager: Peel Plaza Update 12.2 City Manager: Bleury Street / Danells Drive / Molson Avenue - Watermain, Sanitary Sewer and Storm Sewer Installation and Street Reconstruction 12.3a) Common Clerk: Possible Impact of a Reduction of Council Members 12.3b) City Solicitor: Council Composition By -Law Amendment 13. Committee Reports 13.1 Parking Commission: Designation / Authorization to Lay Information in the Provincial Court of New Brunswick for Violations of the Parking Meter and Traffic By -Laws 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment 5 City of Saint John Seance du conseil communal Le lundi 18 juillet 2011 Comite pl6nier 1.Ouverture de la seance 16 h 30 — Salle de conference, 8e etage, hotel de ville 1.1 Approbation du proces- verbal 1.2 Comite des candidatures — alinea 10.2(4)b) 1.3 Question financiere — alinea 10.2(4)c) 1.4 Avis juridique — alinea 10.2(4)f,g) 1.5 Avis juridique — alinea 10.2(4)f,g) Seance ordinaire 1.Ouverture de la seance, suivie de la priere 18 h — Salle du conseil 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 20 juin 2011 2.2 Proces- verbal de la seance tenue le 4 juillet 2011 3. Adoption de Pordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 11approbation du conseil 5.1 Date propos6e pour les audiences publiques visant le 1035, chemin Burchill et le 194, rue St. James Ouest (recommandation figurant au rapport) 5.2 Soumission relative a Acquisition de sel de voirie (recommandation figurant au rapport) 5.3 Appareils d'imagerie num6rique (recommandation figurant an rapport) 5.4 Microsurfagage — 2011 (recommandation figurant au rapport) 5.5 Ringage unidirectionnel (recommandation figurant au rapport) 5.6 Nom de rue (recommandation figurant au rapport) 5.7 Responsabilit6s de la Saint John Development Corporation (recommandation figurant au rapport) 5.8 Acquisition d'une servitude relative au r6seau municipal d'6gout sanitaire et d'6gout pluvial visant le 130, promenade River Hill (recommandation figurant au rapport) 5.9 Projet de la station de relevement ri 4 de Pavenue Thorne — Exigence de servitude des terrains portant les NID 55027759 (recommandation figurant au rapport) 6. Commentaires presentes par les membres 7. Proclamation 8. D616gations et pr6sentations 8.1 Harmonisation organisationnelle 8.2 Format et processus du budget fonde sur les services pour 2012 8.3 Mise a jour du service a la clientele 9. Audiences publiques 10. Etude des arrWs municipaux 10.1 Projet de modification de 1'Arrete de zonage visant les terrains contigus au 460, chemin Latimore Lake (report6 de la seance du 4 juillet 2011) 10.2 Troisieme lecture du projet de modification de 1'Arret6 de zonage visant le 1429, chemin Loch Lomond 10.3a) Troisieme lecture de la modification de 1'Arret6 de zonage visant le 1515, chemin Loch Lomond 10.3b) Conditions impos6es par Particle 39 10.4a) Troisieme lecture de la modification de 1'Arret6 de zonage visant le 2797, chemin Loch Lomond 10.4b) Conditions impos6es par Particle 39 10.5 Troisieme lecture de la modification de 1'Arrete relatif a la circulation concernant les limites de vitesse sur la rue Main 10.6 Presentation publique relative a la modification propos6e du plan municipal visant le 109 -113, rue Prince Edward et 27, rue Richmond 11. Interventions des membres du conseil 11.0 Lettre concernant la charte royale (maire Court) 11. Lettre d'appui a la Soci6t6 canadienne du sang (maire Court) 11.1 Stationnement sur la rue Dorchester (maire Court) 11.2 Terrains de jeux Quinton Heights /investissement dans les espaces verts (conseiller McGuire) 11.3 Am6nagement possible d'un couloir de transport d'6nergie a6rien d'Anergie Nouveau - Brunswick dans des quartiers de Saint John Ouest (conseiller McGuire) 11.4 Rationalisation des commissions (conseiller Sullivan) 11.5 Visite de la salle du conseil par une classe de la troisieme ann6e (conseiller Sullivan) 12. Affaires municipales &oqu6es par les fonctionnaires municipaux 12.3a) Greffiere communale : Incidence possible d'une r6duction du nombre de membres du conseil 12.3b) Avocat municipal : Modification de 1'arret6 sur la composition du conseil 12.1 Directeur g6n6ral : Mise a jour concernant la place Peel 12.2 Directeur general : Rue Bleury/Promenade Dannels /Avenue Molson — Installation de la conduite d'eau principale et des egouts sanitaires et pluviaux et travaux de r6fection 13. Rapports d6pos6s par les comit6s 13.1 Commission sur le stationnement : D6signation/Autorisation concernant le d6p6t des sommations a la Cour provinciale du Nouveau - Brunswick pour les infractions lilies aux parcometres et aux arretes sur la circulation 14. ktude des sujets &art& des questions soumises a Papprobation du conseil 15. Correspondance g6n6rale 16. Lev& de la seance 96 -249 COMMON COUNCIL / CONSEIL COMMUNAL JUNE 20, 2011/LE 20 JUIN 2011 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JUNE 20, 2011 - 7:15 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Higgins, McGuire, Mott, Norton, Snook, Sullivan, and Titus - and - J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; P. Groody, Commissioner of Municipal Operations / Acting City Manager; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; W. Reid, Chief of Police; 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 20 JUIN 2011 A 19 H 15 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, McGuire, Mott, Norton, Snook, Sullivan, Titus et la conseillere Higgins -et - J. Nugent, avocat municipal; G. Yeomans, commissaire aux finances et tresorier; P. Groody, commissaire aux Operations municipales /directeur general par interim; K. Forrest, commissaire au service Urbanisme et developpement; A. Poffenroth, commissaire adjoint aux Services d'inspection et des batiments; W. Reid, chef de police, E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. 1. Call To Order — Prayer Mayor Court called the meeting to order and Councillor Snook offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court, et le conseiller Snook recite la priere d'ouverture. 2. Approval of Minutes On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the minutes of the meeting of Common Council, held on June 6, 2011, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le proces- verbal de la seance du conseil communal tenue le 6 juin 2011 soit approuve. A I'issue du vote, la proposition est adoptee. A 96 -250 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 20, 201 VLE 20 JUIN 2011 3. Approval of Agenda On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the agenda of this meeting, with the addition of items 12.2b) A By -Law to Amend A By -Law Respecting Unsightly Premises and Hazardous Buildings and Structures Within The City of Saint John and 13.1 Committee of the Whole: Recommended Appointment to a Committee, be approved. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller McGuire Appuy6e par le conseiller Titus RESOLU que I'ordre du jour de la pr6sente s6ance soit adopt6, moyennant I'ajout des points 12.2b) Arret6 modifiant un arretb sur les lieux inesth6tiques et les batiments ou constructions dangereux dans The City of Saint John et 13.1 Comit6 pl6nier : recommandation de nominations pour si6ger a un comit6. A ('issue du vote, la proposition est adopt6e. 4. Disclosures of Conflict of Interest Councillor Sullivan declared a conflict of interest with item 11.5 Morna Heights School Preservation. Councillor Court declared a conflict with item 10.2 Proposed Municipal Plan Amendment — Sandy Point Road Area. 4. Divulgations de conflits d'interets Le conseiller Sullivan d6clare titre en conflit d'int6r6ts avec le point 11.5 Sauvegarde de I'Ecole Morna Heights. Le conseiller Court d6clare titre en conflit d'int6r6ts avec le point 10.2a) Projet de modification du plan municipal visant le secteur du chemin Sandy Point. 5. Consent Agenda 5.1 That the submitted report M &C 2011 -148: Public Information Session Drinking Water Treatment Facility, be received for information. 5.2 That as recommended by the City Manager in the submitted report M &C 2011- 159: Green Municipal Funding Agreement — Canada Games Aquatic Centre, the City enter into a Combined Loan and Grant Agreement with the Federation of Canadian Municipalities for the Canada Games Aquatic Centre Energy Efficiency Retrofit in the form and upon the terms and conditions as submitted with said report, and further that the Mayor and Common Clerk be authorized to execute the said agreement. 5.3 That as recommended by the City Manager in the submitted report M &C 2011- 154: Littler River Pipe Structure Rehabilitation at Champlain Drive, The City of Saint John enter into the agreement with the Province of New Brunswick, as represented by the Minister of Transportation, as submitted with said report and further that the Mayor and Common Clerk be authorized to sign the agreement. 5.4 That as recommended by the City Manager in the submitted report M &C 2011- 160: Tender for Traffic Signal Materials, the tender for the supply of Traffic Signal Material for a two year term be awarded to the lowest compliant bidder in each case as indicated on the submitted summary of bids. 5.5 That as recommended by the City Manager in the submitted report M &C 2011- 158: Tender for Lighting Upgrade — Hilton Belyea Arena, Tender No. 2011- 082302T: Lighting Upgrade — Hilton Belyea Arena be awarded to the low bidder, New Wave Electric Co. Ltd., at the tax - excluded tendered price of $36,500.00. 7 96 -251 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 20, 2011/LE 20 JUIN 2011 5.6 That as recommended by the City Manager in the submitted report M &C 2011- 157: Highway Usage Permit Infrastructure Installation and Drainage Swale — Molson Avenue, Common Council approve the "Highway Usage Permit (HUP) — 2011 -004 City of Saint John, N.B. — Storm Sewer Installation and Drainage Swale at the end of Molson Avenue" submitted with said report and that the Mayor and Common Clerk execute the HUP. 5.7 That as recommended by the City Manager in the submitted report M &C 2011- 153: Design and Construction Management: Prince William Street (Civic #221 to Civic #270) — Watermain, Sanitary and Storm Sewer Renewal and Street Reconstruction, the 2011 General Fund Capital Program budget be increased by $900,000 for the reconstruction of Prince William Street from civic #221 to civic #270 as it was not included in the original approved 2011 General Fund Capital Program; and the proposal from GENIVAR Inc. for engineering services (design and construction management) for Prince William Street (Civic #221 to Civic #270) in the amount of $149,768.01 after HST rebate, for Watermain, Sanitary and Storm Sewer Renewal and Street Reconstruction be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.8 That as recommended by the City Manager in the submitted report M &C 2011- 151: Ches /ey Drive — Emergency Asphalt Repairs Request for Funding Support, Common Council authorize the Mayor to submit a formal request for financial support to the Minister, with a copy to the Director of Design and the District Engineer for the New Brunswick Department of Transportation. 5.9 That as recommended by the City Manager in the submitted report M &C 2011- 141: Consulting Engineering Agreements with ADI Limited, Common Council authorize the following Agreements be assigned from ADI Limited to exp Services Inc. / Les services exp Inc.: 1) Engineering Services: Loch Lomond Road (Russell Street to Westmorland Road) Water and Sanitary Sewer Main Renewal and Road Reconstruction; 2) Engineering Design and Inspection Services: Spar Cove Road — Wastewater Pumping Station. 5.10 That the June 13, 2011 letter from Francois Vanier requesting assistance for a World's Strongest Man Competition in Saint John, be referred to the City Manager. 5.11 Refer to item 14.1. 5.12 That as recommended by the City Manager in the submitted report M &C 2011- 156: Engineering Design and Construction Management: Beach Crescent, Meadowbank Avenue and Kennebecasis Drive, the proposal from CBCL Limited for engineering services (design and construction management) for Beach Crescent Sanitary Lift Station Upgrade, Kennebecasis Drive No. 2 Sanitary Lift Station Upgrade & Beach Crescent, Meadowbank Avenue and Kennebecasis Drive Sanitary Sewer Installations be accepted and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the recommendation set out for each consent agenda item respectively, with the exception of item 5.11 Engagement of Architectural Consultant / Peel Plaza Project — Public Plaza, which has been identified for debate, be adopted. Question being taken, the motion was carried. 5. Questions soumises a I'approbation du conseil 5.1 Que le rapport soumis intitule M/C 2011 -148 : Seance informative publique relative a 1'installation de traitement de 1'eau potable, soit accepte a titre d'information. 5.2 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -159: Entente de financement municipal pour 1'environnement — Centre aquatique des Jeux du Canada, la Ville conclue un accord combine de pret et de subvention avec la Federation canadienne des municipalites relativement a la modernisation de 1'efficacite energetique du Centre aquatique des Jeux du Canada dans 96 -252 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 20, 201 VLE 20 JUIN 2011 la forme et selon les modalites soumises avec ledit rapport, et que le maire et la greffiere communale soient autorises a signer ledit accord. 5.3 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -154 : R6habilitation de la structure des conduites du r6servoir Little River au niveau de la promenade Champlain, The City of Saint John conclue une entente avec la province du Nouveau - Brunswick, representee par le ministre des Transports, telle qu'elle a ete soumise avec ledit rapport, et que le maire et la greffiere communale soient autorises a signer 1'entente. 5.4 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -160: Soumission relative au mat6riel pour feux de circulation, la soumission relative a la fourniture de materiel pour feux de signalisation pour une duree de deux ans soit accordee au soumissionnaire conforme moins - disant dans chaque cas, comme I'indique le sommaire des soumissions presente. 5.5 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -158: Soumission relative a la modernisation de 1'6clairage a 1'ar6na Hilton Belyea, soumission n° 2011- 082302T, modernisation de I'eclairage a I'arena Hilton Belyea, soit accordee au soumissionnaire le moins - disant, New Wave Electric Co. Ltd., au prix offert de 36 500 $, taxes en sus. 5.6 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -157: Installation de 1'infrastructure et dune rigole de drainage dans /e cadre du permis d'utilisation de I'autoroute — Avenue Molson, le conseil communal approuve le s permis d'utilisation de I'autoroute — 2011 -004 The City of Saint John (N. -B.) — Installation des egouts pluviaux et d'une rigole de drainage a 1'extremite de I'avenue Molson » soumis avec ledit rapport, et que le maire et la greffiere communale signent le permis d'utilisation de I'autoroute. 5.7 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -153 : Gestion de la conception et de la construction sur la rue Prince William (des numeros de voirie 2216 270) — Renouvellement de la conduite d'eau principale, de I'6gout sanitaire, des 6gouts pluviaux et travaux de refection de la rue, le budget du programme d'immobilisations du fonds d'administration pour 2011 soit augmente de 900 000 $ aux fins de reconstruction de la rue Prince William, des numeros de voirie 221 a 270, puisque Celle -ci n'a pas ete incluse dans le programme d'immobilisations du fonds d'administration initial approuve pour 2011; que la proposition de GENIVAR Inc. relative a des services d'ingenierie (gestion de la conception et de la construction) pour la rue Prince Willian (des numeros de voirie 221 a 270) de 149 768,01 $, aprbs remboursement de la taxe de vente harmonisee, pour le renouvellement de la conduite d'eau principale, de I'egout sanitaire, des egouts pluviaux et les travaux de refection de la rue soit acceptee, et que le maire et la greffiere communale soient autorises a signer la documentation exigee a cet egard. 5.8 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -151 : Demande de soutien financier dans le cadre des travaux d'asphaltage d'urgence de la promenade Chesley, le conseil communal autorise le maire a presenter une demande officielle d'aide financiere au ministre, avec copie au directeur de la conception et a I'ingenieur de district du ministere des Transports du Nouveau - Brunswick. 5.9 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -141 : Consultation de la convention relative aux services d'ingenierie conclue avec ADI Limited, le conseil communal autorise que les contrats suivants passent de ADI Limited a exp Services Inc. /Les services exp Inc. : 1) Services d'ingenierie : renouvellement de la conduite d'eau principale et refection du chemin Loch Lomond (de la rue Russell au chemin Westmorland); 2) Services de conception technique et d'inspection : poste de pompage des eaux usees sur le chemin Spar Cove 5.10 Que la lettre de Frangois Vanier datee du 13 juin 2011 concernant une demande d'aide pour organiser un concours de I'homme le plus fort au monde a Saint John soit transmise au directeur general. 5.11 Voir le point 14.1 9 96 -253 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 20, 2011/LE 20 JUIN 2011 5.12 Que, comme le recommande le directeur g6n6ral dans le rapport soumis intitule M/C 2011 -156: Conception technique et gestion de la construction — croissant Beach, avenue Meadowbank et promenade Kennebecasis, la proposition pr6sent6e par CBCL Limited relative aux services d'ing6nierie (gestion de la conception et de la construction) pour la modernisation de la station de relevement du croissant Beach, la modernisation de la station de relevement no 2 de la promenade Kennebecasis, et les installations des egouts sanitaires de ('avenue Meadowbank et de la promenade Kennebecasis soit acceptee, et que le maire et la greffiere communale soient autorises a signer la documentation pertinente a cet egard. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la recommandation formul6e pour chacune des questions soumises a I'approbation du conseil, a 1'exclusion du point 5.11 Embauche d'un arch itecte- conseil pour le projet de la place Peel — Place publique, qui a ete selectionne aux fins de discussion, soit adoptee. A ('issue du vote, la proposition est adopt6e. 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 7.1 The Mayor Proclaimed June 21, 2011 as National Aboriginal Day in the City of Saint John. 7. Proclamation 7.1 Le maire declare que le 21 juin 2011 est la Journee nationale des Autochtones dans The City of Saint John. 8. Delegations /Presentations 8. Delegations et presentations 9. Public Hearings 9. Audiences publiques 10. Consideration of By -laws 10.1(a)Third Reading Peddlers and Hawkers By -Law On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Respecting the Licensing of Peddlers and Hawkers in the City of Saint John ", by amending Appendix E to include Fallsview Park, be read. Question being taken, the motion was carried. The by -law entitled "A By -Law to Amend a By -Law Respecting the Licensing of Peddlers and Hawkers in the City of Saint John" was read in its entirety. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Respecting the Licensing of Peddlers and Hawkers in the City of Saint John ", by amending Appendix E to include Fallsview Park, be read a third time, enacted, and the Corporate Common Seal affixed thereto. 10 96 -254 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 20, 201 VLE 20 JUIN 2011 Read a third time by title, the by -law entitled "A By -Law to Amend a By -Law Respecting the Licensing of Peddlers and Hawkers in the City of Saint John ". 10. Etude des arretes municipaux 10.1a) Troisieme lecture de I'Arrete concernant les colporteurs et les revendeurs Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant I'arrete concernant I'octroi de permis aux colporteurs et aux revendeurs dans The City of Saint John » en modifiant I'annexe E par I'ajout du secteur Fallsview Park fasse ('objet d'une lecture. A Tissue du vote, la proposition est adoptee. L'arrete intitule « Arrete modifiant I'arrete concernant l'octroi de permis aux colporteurs et aux revendeurs dans The City of Saint John » est lu integralement. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant 1'arrete concernant I'octroi de permis aux colporteurs et aux revendeurs dans The City of Saint John » en modifiant I'annexe E par l'ajout du secteur Fallsview Park fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. Troisieme lecture par titre de 1'arnM6 intitule « Arrete modifiant 1'arrete concernant I'octroi de permis aux colporteurs et aux revendeurs dans The City of Saint John >>. (Councillor Court withdrew from the meeting) 10.2(a,b) Proposed Municipal Plan Amendment — Sandy Point Road Area On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the proposed Municipal Plan By- law Amendment regarding the Sandy Point Road area be referred to the Planning Advisory Committee for a report and recommendation and the necessary advertising be authorized with a Public Hearing to be held on Tuesday, August 2 "d, 2011 in the Council Chamber. Question being taken, the motion was carried. (Councillor Court reentered the meeting) (Le conseiller Court quitte la reunion.) 10.2a, b) Projet de modification du plan municipal — secteur du chemin Sandy Point Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le projet de modification du plan municipal visant le secteur du chemin Sandy Point soit transmis au Comite consultatif d'urbanisme en vue de 1'etablissement d'un rapport et de la presentation de recommandations, que la publication des avis exiges soit autorisee et qu'une audience publique soit fixee au mardi 2 aout 2011, a 19 h, dans la salle du conseil. A ('issue du vote, la proposition est adoptee. (Le conseiller Court se joint de nouveau a la seance.) 11 96 -255 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 20, 2011/LE 20 JUIN 2011 11. Submissions by Council Members 11.1 Rainbow Park Splash Pad (Councillor Snook) On motion of Councillor Snook Seconded by Councillor Sullivan RESOLVED that Common Council receive for information Councillor Snook's submission Rainbow Park Splash Pad. Question being taken, the motion was carried. 11. Interventions des membres du conseil 11.1 Fontaine a jets douchants du parc Rainbow (conseiller Snook) Proposition du conseiller Snook Appuyee par le conseiller Sullivan RESOLU que le conseil communal accepte a titre de renseignement la presentation du conseiller Snook relative a la fontaine a jets douchant du parc Rainbow. A I'issue du vote, la proposition est adoptee. 11.2 Vacant and Derelict Buildings (Councillor Snook) On motion of Councillor Snook Seconded by Councillor Norton RESOLVED that items 12.1 and 12.2 be moved forward on the agenda. Question being taken, the motion was carried. The City Solicitor advised that Council does not have the authority, under the existing legislation, to establish time limits under which buildings can remain vacant. He added that the recently enacted Provincial legislation allows municipalities to deal with buildings that, by virtue of being vacant or unoccupied, constitute a hazard to the safety of the public. He further explained that if a building does not cause a hazard to the public, then it could be unoccupied indefinitely. Referring to the submitted letter from Councillor Snook, Mr. Nugent advised that Council does not presently have the authority to adopt a bylaw that incorporates all of the provisions of the Derelict Buildings Proposed Bylaw that was presented to Council in the staff report dated April 23, 2009. Responding to a question, Ms. Poffenroth explained that as a result of the additional resources that Council provided to the Buildings and Inspections Department, it has committed to processing approximately 15 vacant and derelict building files annually. On motion of Councillor Snook Seconded by Councillor Norton RESOLVED that the City Manager be directed to proceed with appropriate and immediate action with respect vacant and derelict buildings by taking advantage of the authority that has been granted to the municipality by virtue of the Act to Amend the Municipalities Act, Bill 42. Question being taken, the motion was carried. 11.2 Batiments vacants et abandonnes (conseiller Snook) Proposition du conseiller Snook Appuyee par le conseiller Norton RESOLU que les points 12.1 et 12.2 soient avances dans I'ordre du jour. A I'issue du vote, la proposition est adoptee. L'avocat municipal indique que le conseil n'a pas I'autorite, en vertu de la legislation existante, d'etablir des limites de temps selon lesquelles des batiments peuvent demeurer vacants. II ajoute que la loi provinciale recemment promulguee permet aux 12 96 -256 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 20, 201 VLE 20 JUIN 2011 municipalites de traiter les cas de batiments qui constituent un danger pour la securite du public parce qu'ils sont vacants. II explique egalement que si un batiment ne constitue pas un danger pour le public, celui -ci peut demeurer inoccupe indefiniment. Se reportant a la lettre du conseiller Snook, M. Nugent indique que le conseil n'a pas actuellement I'autorite d'adopter un arrete qui comprendrait toutes les dispositions du projet de I'arrete concernant les batiments vacants et abandonnes qui a ete presente au conseil dans le rapport du personnel du 23 avril 2009. En reponse a une question, Mme Poffenroth explique que, par suite des ressources supplementaires accordees par le conseil aux Services d'inspection et des batiments, ceux -ci se sont engages a traiter environ quinze dossiers de batiments vacants et abandonnes parannee. Proposition du conseiller Snook Appuyee par le conseiller Norton RESOLU que le directeur general soit charge d'entreprendre des mesures appropriees et immediates concernant les batiments vacants et abandonnes en se prevalant du pouvoir qui lui confere le projet de Ioi 42, Loi modifiant la Loi sur les municipalites. A I'issue du vote, la proposition est adoptee. 12.2a) City Solicitor: Saint John Unsightly Premises and Dangerous Buildings By- Law - Resolution On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that whereas, paragraph 190.01(3) of the Municipalities Act, supra, provides that an officer appointed by council may notify the owner or occupier of a building or structure by notice in the form prescribed by regulation when a condition exists pursuant to paragraph 190.01(1.1) of the said Act: NOW THEREFORE BE IT RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth and Pamela Bentley, is hereby appointed and authorized to notify owners and occupiers with respect to buildings or structures that are a hazard to the safety of the public by reason of being vacant or unoccupied, as set out in the Saint John Unsightly Premises and Dangerous Buildings By -law, and these appointments and authorizations shall continue until they cease to be employees of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that each of William Edwards, David G. M. Crawford, Amy Poffenroth, and Pamela Bentley, is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Unsightly Premises and Dangerous Buildings By -law, and these designations and authorizations shall continue until they cease to be employees of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. Question being taken, the motion was carried. 12.2b) A By -Law to Amend A By -Law Respecting Unsightly Premises and Hazardous Buildings and Structures Within The City of Saint John On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Respecting Unsightly Premises and Hazardous Buildings and Structures Within the City of Saint John ", by repealing and replacing section 2, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled, "A By -Law to Amend a By -Law Respecting Unsightly Premises and Hazardous Buildings and Structures within The City of Saint John." 13 96 -257 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 20, 2011/LE 20 JUIN 2011 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Respecting Unsightly Premises and Hazardous Buildings and Structures Within the City of Saint John ", by repealing and replacing section 2, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A By -Law to Amend a By -Law Respecting Unsightly Premises and Hazardous Buildings and Structures Within the City of Saint John ". 12.2a) Avocat municipal : Resolution relative a I'Arrete sur les lieux inesthetiques et les batiments ou constructions dangereux de The City of Saint John Proposition du conseiller Farren Appuyee par le conseiller Sullivan ATTENDU que le paragraphe 190.01(3) de la Loi sur les municipalites, supra, prevoit que lorsqu'une situation mentionnee au paragraphe 190.01(1.1) existe, un fonctionnaire nomme par un conseil peut aviser le proprietaire ou I'occupant du batiment ou de la construction par avis selon la formule prescrite par reglement; POUR CES MOTIFS, IL EST RESOLU que William Edwards, David G. M. Crawford, Amy Poffenroth et Pamela Bentley soient, par les presentes, nommes et autorises a emettre les avis necessaires aux proprietaires et aux occupants de batiments et de constructions dangereux pour la securite du public du fait qu'ils sont vacants ou inoccupes, en vertu de I'Arrete sur les lieux inesthetiques et les batiments ou constructions dangereux de The City of Saint John. Ces nominations et Ieur autorisation correspondante demeureront en vigueur aussi longtemps que ces personnes seront a 1'emploi du Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que Ieur nomination soit revoquee par le conseil communal, selon la premibre eventualite; IL EST DE PLUS RESOLU que William Edwards, David G. M. Crawford, Amy Poffenroth et Pamela Bentley soient, par les presentes, nommes et autorises a deposer auprbs de la Cour provinciale du Nouveau - Brunswick des denonciations relatives aux infractions commises a 1'encontre de I'Arrete sur les lieux inesthetiques et les batiments ou constructions dangereux de The City of Saint John. Ces nominations et Ieur autorisation correspondante demeureront en vigueur aussi longtemps que ces personnes seront a 1'emploi du Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que Ieur nomination soit revoquee par le conseil communal, selon la premiere eventualite. A I'issue du vote, la proposition est adoptee. 12.2b) Arrete modifiant un arrete sur les lieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant un arrete sur les lieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John », abrogeant et remplagant I'article 2, fasse I'objet d'une premibre lecture. A I'issue du vote, la proposition est adoptee. Premiere lecture par titre de I'arrete intitule « Arrete modifiant un arrete sur les lieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John ». Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant un arrete sur les lieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John », abrogeant et remplagant I'article 2, fasse I'objet d'une deuxieme lecture. 14 96 -258 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 20, 201 VLE 20 JUIN 2011 A Tissue du vote, la proposition est adopt6e. Deuxi6me lecture par titre de 1'anrW intitul6 « Arr6t6 modifiant un arr6t6 sur les lieux inesth6tiques et les batiments ou constructions dangereux dans The City of Saint John ». 12.3 City Manager: An Act to Amend the Municipalities Act, Bill 42 Receives Royal Assent on June 10, 2011 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the submitted report M &C 2011- 161: An Act to Amend the Municipalities Act, Bill 42 Receives Royal Assent on June 10, 2011, be received for information. Question being taken, the motion was carried. 12.3 Directeur g6n6ral : Le projet de loi 42, Loi modifiant la Loi sur les municipalites, a requ la sanction royale le 10 juin 2011 Proposition du conseiller Titus Appuy6e par le conseiller McGuire RESOLU que le rapport soumis intitul6 M/C 2011- 161 : Le projet de loi 42, Loi modifiant la Loi sur les municipalites a requ la sanction royale le 10 juin 2011, soit accept6 6 titre d'information. A Tissue du vote, la proposition est adopt6e. 11.3 Publishing a Listing of Committees (Councillor Sullivan) On motion of Councillor Sullivan Seconded by Councillor Snook RESOLVED that The Common Clerk's Office publish a comprehensive listing of appointments that Common Council makes to committees. The listing is to include (at a minimum) the name of the organization, terms of reference for the organization, expected time commitments, regular meeting times and any remuneration (monetary or in -kind) received by the appointee for the work done on that particular committee on behalf of the City. Question being taken, the motion was carried. 11.3 Publication d'une liste de comit6s (conseiller Sullivan) Proposition du conseiller Sullivan Appuy6e par le conseiller Snook RESOLU que le bureau de la greffibre communale publie la liste complete des nominations que le conseil communal effectue pour si6ger aux comit6s. La liste doit comprendre (au moins) le nom de I'organisme, le mandat de I'organisme, le temps pr6vu 6 consacrer, Moraire des s6ances ordinaires et toute remuneration (p6cuniaire ou en nature) accord6e a la personne nomm6e pour le travail effectu6 au nom de la municipalit6 au sein du comit6 en question. A Tissue du vote, la proposition est adopt6e. 11.4 Economic Development Specialist for The City of Saint John On motion of Councillor McGuire Seconded by Councillor Sullivan RESOLVED that the City Manager, through collaboration with key staff, recommend a means of funding the position of economic development specialist with The City of Saint John. Question being taken, the motion was carried. 15 96 -259 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 20, 2011 /LE 20 JUIN 2011 11.4 Specialiste en developpement economique pour The City of Saint John Proposition du conseiller McGuire Appuyee par le conseiller Sullivan RESOLU que le directeur general, en collaboration avec des membres cles du personnel, recommande un moyen pour financer le poste de specialiste en developpement economique au sein de The City of Saint John. A ('issue du vote, la proposition est adopt6e. (Councillor Sullivan withdrew from the meeting) 11.5 Morna Heights School Preservation On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that Councillor McGuire's submission Morna Heights School Preservation, be received for information. Question being taken, the motion was carried. (Councillor Sullivan reentered the meeting) (Le conseiller Sullivan quitte la seance.) 11.5 Sauvegarde de I'Ecole Morna Heights Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que la soumission du conseiller McGuire intitulee Sauvegarde de I'Ecole Morna Heights soit acceptee a titre d'information. A ('issue du vote, la proposition est adopt6e. (Le conseiller Sullivan se joint de nouveau a la seance.) 12. Business Matters - Municipal Officers 12.1 City Solicitor: Traffic By -Law Amendment — Schedule R Champlain Street On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that the by -law entitled "A By -law to Amend a By -law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto," amending Schedule R regarding Champlain Street West, be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A By -law to Amend a By -law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto." On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled "A By -law to Amend a By -law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto," amending Schedule R regarding Champlain Street West, be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A By -law to Amend a By -law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto." 16 96 -260 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 20, 201 VLE 20 JUIN 2011 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 Avocat municipal : Modification de I'Arrete relatif a la circulation — rue Champlain dans I'annexe R Proposition du conseiller Titus Appuy6e par le conseiller Farren RESOLU que I'arret6 intitul6 « Arret6 modifiant I'arret6 relatif a la circulation dans les rues de The City of Saint John 6dict6 en vertu de la Loi sur les v6hicules a moteur (1973) et modifications aff6rentes », modifiant I'« annexe R » concernant la rue Champlain Ouest, fasse ('objet d'une premiere lecture. A I'issue du vote, la proposition est adopt6e. Premi6re lecture par titre de I'arret6 intitul6 « Arret6 modifiant I'arret6 relatif a la circulation dans les rues de The City of Saint John 6dict6 en vertu de la Loi sur les v6hicules a moteur (1973) et modifications aff6rentes ». Proposition du conseiller Titus Appuy6e par le conseiller McGuire RESOLU que I'arret6 intitul6 « Arret6 modifiant I'arret6 relatif a la circulation dans les rues de The City of Saint John 6dict6 en vertu de la Loi sur les v6hicules a moteur (1973) et modifications aff6rentes », modifiant I'« annexe R » concernant la rue Champlain Ouest, fasse ('objet d'une deuxi6me lecture. A ('issue du vote, la proposition est adopt6e. Deuxi6me lecture par titre de I'arr6t6 intitul6 « Arret6 modifiant I'arret6 relatif a la circulation dans les rues de The City of Saint John 6dict6 en vertu de la Loi sur les v6hicules a moteur (1973) et modifications aff6rentes ». 12.4 City Manager: Marsh Creek — New Collector Sewer and 600mm Sanitary Force Main Installation On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 -152: Marsh Creek New Collector Sewer and 600mm Sanitary Force Main Installation, Contract No. 2011 -11: Marsh Creek — New Collector Sewer and 600mm Sanitary Force Main Installation be awarded to the low tenderer, Gulf Operators Ltd., at the tendered price of $4,575,736.12 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.4 Directeur general : Installation d'un nouvel 6gout collecteur et d'une nouvelle conduite de refoulement sanitaire de 600 mm pour le ruisseau Marsh Proposition du conseiller Titus Appuy6e par le conseiller McGuire RESOLU que, comme le recommande le directeur g6n6ral dans le rapport soumis intitul6 M/C 2011 -152 : Installation d'un nouvel 6gout collecteur et dune nouvelle conduite de refoulement sanitaire de 600 mm pour le ruisseau Marsh, le contrat no 2011 -11 relatif a ('installation d'un nouvel 6gout collecteur et d'une nouvelle conduite de refoulement sanitaire de 600 mm soit accord6 au soumissionnaire moins - disant, Gulf Operators Ltd., au prix offert de 4 575 736,12 $, 6tabli a partir de quantit6s estimatives et, que le maire et la greffibre communale soient autoris6s a signer les documents contractuels n6cessaires. A I'issue du vote, la proposition est adopt6e. 12.5 City Manager: Glen Falls Flooding and Residential Relocation Referring to a submitted report, Shayne Galbraith, Director of Works, provided background information on the flooding situation in Glen Falls and he outlined the recommendations appearing in the report. 17 96 -261 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 20, 2011/LE 20 JUIN 2011 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 -149: Glen Falls Flooding and Residential Relocation, Common Council: 1) Recognizes that periodic flooding will continue to occur on the Marsh Creek Flood Plain; 2) Continues the process regarding design and reconstruction of a new outlet control structure for Mystery Lake; 3) Reviews the Flood Risk By -law as it may be applied to the flood risk area identified in the forebay; reviews By -law for changes to prevent further residential construction in the flood risk areas; revises flood risk areas based on Stormwater Management Strategy model; 4) Follows up to determine the current storage space available in the forebay area; 5) Prepares a comprehensive program of inspection and maintenance for Marsh Creek Drainage system; 6) Updates a flood response contingency plan in the event of flooding with warnings and public communications for severe events — through Saint John EMO; 7) Engages the services of a consultant to determine the benefit and feasibility of constructing detention reservoirs on Kelly Lake and Ashburn Lake and models the performance of Majors Brook; 8) Consults with the YMCA (owners) concerning Ashburn Lake to determine interest in possibly re- building an outlet control structure for the dual purposes of the recreation facility and flood water storage; 9) Consults with appropriate staff of other government levels (eg NBEMO) regarding flood assistance and other programs that may be pertinent to this situation; 10) Consults with owners of the forebay lands to determine current status; 11) Develops a feasible assistance program for private property owner based on an appropriate cost sharing model and pursue tri -level government support; 12) Directs the City Solicitor to review the legal ownership of the creek system and physical structures and responsibilities arising therefrom for maintenance and efficiency performance in carrying flows. Question being taken, the motion was carried. 12.5 Directeur general : Inondations de Glen Falls et reinstallation residentielle Se rapportant a un rapport depose anterieurement, Shayne Galbraith, directeur des travaux publics, donne des renseignements generaux sur la situation des inondations a Glen Falls et it souligne les recommandations figurant dans le rapport. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -149 : Inondations de Glen Falls et reinstallation residentielle, le conseil communal 1) reconnaisse que des inondations periodiques surviendront de nouveau sur la plaine inondable du ruisseau Marsh; 2) poursuive le processus concernant la conception et la reconstruction d'une nouvelle structure de regulation de sortie pour la promenade Mystery Lake; 3) revise I'Arrete concernant les zones exposees aux inondations, car it peut titre applique a la zone exposee aux inondations determinee dans le bassin d'admission; revise 1'arrete aux fins de modifications pour eviter d'autres constructions residentielles dans les zones exposees aux inondations; examine les zones exposees aux inondations en fonction du modele de la Strategie de gestion des eaux pluviales; 4) effectue un suivi pour determiner 1'espace d'entreposage actuellement disponible dans la zone du bassin d'admission; 5) prepare un programme complet d'inspection et d'entretien du reseau d'evacuation des eaux usees du ruisseau Marsh; 6) mette a jour un plan d'intervention d'urgence en cas d'inondation ainsi que des avertissements et des communications publiques pour les phenomenes violents par 1'entremise de I'OGSU de Saint John; 7) retienne les services d'un consultant en vue de determiner les avantages et la faisabilite de la construction de reservoirs d'ecretement des crues au lac Kelly et au lac Ashburn, et prenne exemple sur les resultats obtenus avec la promenade Majors Brook; 8) consulte le YMCA (proprietaires) au sujet du lac Ashburn pour savoir s'il y a un interet in 96 -262 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 20, 201 VLE 20 JUIN 2011 a 1'eventuelle reconstruction d'une structure de regulation de sortie pour ('installation de loisirs et 1'emmagasinement des eaux de crue; 9) consulte le personnel approprie d'autres ordres de gouvernement (p. ex., ('Organisation des mesures d'urgence du Nouveau - Brunswick) au sujet de programmes d'aide en cas d'inondation et d'autres programmes qui peuvent titre pertinents dans cette situation; 10) consulte Ies proprietaires des terres du bassin d'admission pour determiner la situation actuelle; 11) elabore un programme d'aide plausible pour les proprietaires prives selon un modele de partage des couts approprie et poursuive le soutien des trois ordres de gouvernement; 12) ordonne a I'avocat municipal d'examiner la propriete en droit du reseau des ruisseaux et des structures physiques, ainsi que Ies responsabilites qui en decoulent en matiere d'entretien et de rendement effectif des flux de transport. A ('issue du vote, la proposition est adoptee. 12.6 City Manager: Community Solid Waste Management Service On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Council receive for information the submitted report M &C 2011 -150: Community Solid Waste Management Service. Question being taken, the motion was carried. 12.6 Directeur general : Service communautaire de gestion des dechets solides 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 -150: Service communautaire de gestion des dechets solides. A ('issue du vote, la proposition est adoptee. 12.7 City Manager: Solid Waste Management Service — Outsource Decision On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Council receive for information the submitted report M &C 2011 -89: Solid Waste Management Service — Outsource Decision. Question being taken, the motion was carried. 12.7 Directeur general : Service de gestion des dechets solides — Decision live a I'impartition 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 -89 : Service de gestion des dechets solides — Decision liee a 1'impartition A ('issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Committee of the Whole: Recommended Appointment to a Committee On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Police Chief Bill Reid be appointed to Saint John Emergency Management Organization Advisory Committee for a term of two years from June 20, 2011 until June 6, 2013 Question being taken, the motion was carried. 19 96 -263 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 20, 2011 /LE 20 JUIN 2011 13. Rapports deposes par les comites 13.1 Comite plenier : Recommandations de nominations pour sieger au comite Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que le chef de police Bill Reid soit nommb au Comitb consultatif de I'Organisme de gestion des services d'urgence de Saint John pour un mandat de deux ans allant du 20 juin 2011 au 6 juin 2013 A ('issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14.1 Engagement of Architectural Consultant /Peel Plaza Project — Public Plaza On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 -155: Engagement of Architectural Consultant/ Pee/ Plaza Project Public Plaza, notwithstanding the City's Procurement Policy for engagement of professional services, Common Council authorize staff to conduct negotiations for the engagement of Glenn Group Ltd. for the design and construction management services required for the Public Plaza component of Peel Plaza. Question being taken, the motion was carried with Councillor Higgins and Snook voting nay. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Nomination d'un arch itecte-conseil pour le projet de la place Peel — Place publique Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -155: Nomination d'un architecte- conseil pour le projet de la place Peel — Place publique, le conseil communal, nonobstant la politique d'approvisionnement de la Ville relativement au recours a des services professionnels, autorise le personnel a entreprendre des negociations avec Glenn Group Ltd. en vue de fournir les services de gestion de la conception et de la construction necessaires pour la place publique dans le cadre du projet de la place Peel. A ('issue du vote, la proposition est adoptee. La conseillbre Higgins et le conseiller Snook votent contre la proposition. 15. General Correspondence 15. Correspondance generale 16. Adjournment The Mayor declared the meeting adjourned at 9:15 p.m. 16. Levee de la seance Le maire d6clare que la seance est levee a 21 h 15. 20 96 -264 COMMON COUNCIL /CONSEIL COMMUNAL JUNE 20, 2011/LE 20 JUIN 2011 Mayor / maire Common Clerk / greffiere communale 21 96 -265 COMMON COUNCIL / CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — JULY 4, 2011 - 5:15 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Higgins, McGuire, Mott, Norton, Sullivan, and Titus - and - P. Woods, City Manager; J. Nugent, City Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; B. Keenan, Engineering Manager /Municipal Operations; K. Forrest, Commissioner of Planning and Development; A. Poffenroth, Deputy Commissioner of Buildings and Inspection Services; J. Fleming, Police Staff Sergeant; 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 4 juillet 2011 A 17 H 15 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, McGuire, Mott, Norton, Sullivan, Titus et la conseillere Higgins -et - P. Woods, directeur general; J. Nugent, avocat municipal; G. Yeomans, commissaire aux finances et tresorier; B. Keenan, directeur des services d'ingenierie, Service des operations municipales K. Forrest, commissaire au service Urbanisme et developpement; A. Poffenroth, commissaire adjoint aux Services d'inspection et des batiments; J. Flemming, sergent d'etat -major du Service de police; E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. 1. Call To Order — Prayer Mayor Court called the meeting to order and Reverend Renee Embree of Main Street Baptist Church, offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court. La reverende Renee Embree, pasteure de 1'Eglise baptiste sur la rue Main, recite la priere d'ouverture. 2. Approval of Minutes 2.1 Minutes of June 13, 2011 On motion of Councillor Sullivan Seconded by Councillor McGuire RESOLVED that the minutes of the meeting of Common Council held on June 13th, 2011, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal 2.1 Proces- verbal de la seance tenue le 13 juin 2011 Proposition du conseiller Sullivan Appuyee par le conseiller McGuire RESOLU que le proces- verbal de la seance du Conseil communal tenue le 13 juin 2011 soit approuve. A I'issue du vote, la proposition est adoptee. 22 96 -266 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 3. Approval of Agenda On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the agenda of this meeting, with the addition of item 13.4 Committee of the Whole: Boyle Real Estate Development Inc. Victoria Gardens Subdivision of Claim Re Municipal Services Easement, be approved. Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente reunion soit approuve, moyennant I'ajout du point 13.4 Comite plenier : Reclamation deposee par Boyle Real Estate Development Inc. relativement a la servitude pour services municipaux dans le cadre du lotissement Victoria Gardens, soit approuve. A Tissue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest Councillor Sullivan declared a conflict of interest with agenda items 11.3 and 11.5. Councillor Higgins disclosed a conflict of interest with agenda items 9.2, 9.4, and 9.5. 4. Divulgations de conflits d'interets Le conseiller Sullivan declare titre en conflit d'interets avec les points 11.3 et 11.5. La conseillere Higgins declare titre en conflit d'interets avec les points 9.2, 9.4 et 9.5. 5. Consent Agenda 5.1 That the J. Steele letter requesting a guard rail between 89 and 111 Hillcrest Road, be referred to the City Manager. 5.2 That as recommended by the City Manager in the submitted report M &C 2011- 173: Designation of By -Law Enforcement Officer, the following resolutions be adopted: WHEREAS the Common Council of The City of Saint John has enacted certain by -laws pursuant to the authority of the Municipalities Act, supra, including the Saint John Unsightly Premises and Dangerous Buildings By -law, By -law Number M -30, and amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By -law; AND WHEREAS, paragraph 14(1) of the Police Act, supra, provides that a council may appoint persons as By -law Enforcement Officers for a municipality; AND WHEREAS, paragraph 190.01(3) of the Municipalities Act, supra, provides that an officer appointed by council may notify the owner or occupier of premises, a building or structure by notice in the form prescribed by regulation when a condition exists pursuant to paragraphs 190.01(1), 190.01(1.1) or 190.01(2) of the said Act; AND WHEREAS, section 101 of the Municipalities Act, supra, provides that proceedings for breach of a by -law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: NOW THEREFORE BE IT RESOLVED, that Stewart Handrahan is hereby appointed as a By -law Enforcement Officer with respect to the enforcement of the Saint John Unsightly Premises and Dangerous 23 96 -267 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 Buildings By -law, effective immediately, and this appointment shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Stewart Handrahan is hereby appointed and authorized to notify owners and occupiers with respect to premises, buildings or structures that are unsightly; buildings or structures that are a hazard to the safety of the public by reason of being vacant or unoccupied; buildings or structures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, as set out in the Saint John Unsightly Premises and Dangerous Buildings By -law, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Stewart Handrahan is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Unsightly Premises and Dangerous Buildings By -law, effective immediately, and this designation and authorization shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 2. WHEREAS, the Common Council of The City of Saint John has enacted certain by -laws pursuant to the authority of the Municipalities Act, R.S.N.B 1973, c. M -22, and amendments thereto, including the Saint John Minimum Property Standards By -law, By -law Number M -14, and amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By -law; AND WHEREAS, paragraph 14(1) of the Police Act, S.N.B. 1977, c. P -9.2, and amendments thereto, provides that a council may appoint persons as By -law Enforcement Officers for a municipality; AND WHEREAS, paragraph 23(1) of the Saint John Minimum Property Standards By -law, supra, provides that where a condition of a premise, dwelling, dwelling unit or structure does not comply with the said By -law, an officer appointed by council may notify the owner or occupier of a premise, dwelling unit or structure by notice in the form prescribed by regulation; AND WHEREAS, section 101 of the Municipalities Act, supra, provides that proceedings for breach of a by -law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: NOW THEREFORE BE IT RESOLVED, that Stewart Handrahan is hereby appointed as a By -law Enforcement Officer with respect to the enforcement of the Saint John Minimum Property Standards By -law, effective immediately, and this appointment shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Stewart Handrahan is hereby appointed and authorized to notify owners and occupiers with respect to premises, dwellings, dwelling units or structures that do not meet the standards that are set out in the Saint John Minimum Property Standards By -law, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; 24 96 -268 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201VLE 4 JUILLET 2011 AND BE IT FURTHER RESOLVED, that Stewart Handrahan is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Minimum Property Standards By -law, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 3. WHEREAS, the Common Council of The City of Saint John has enacted certain by -laws pursuant to the authority of the Municipalities Act, supra, including the Saint John Animal Control By -law, By -law Number M -13, Mobile Home Parks By -law, By -law Number M -20, City of Saint John Flood Risk Areas By -law, By -law Number C.P. 11, Saint John Building By -law, By -law Number C.P. 101, and The Zoning By -law, By -law Number C.P. 110, including all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By -law; AND WHEREAS, paragraph 14(1) of the Police Act, supra, provides that a council may appoint persons as By -law Enforcement Officers for a municipality; AND WHEREAS, section 101 of the Municipalities Act, supra, provides that proceedings for breach of a by -law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council: NOW THEREFORE BE IT RESOLVED, that Stewart Handrahan is hereby appointed as a By -law Enforcement Officer with respect to the enforcement of the Saint John Animal Control By -law, supra, Mobile Home Parks By -law, supra, City of Saint John Flood Risk Areas By -law, supra, Saint John Building By -law, supra, and The Zoning By -law, supra, effective immediately, and this appointment shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Stewart Handrahan is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Animal Control By -law, supra, Mobile Home Parks By -law, supra, City of Saint John Flood Risk Areas By -law, supra, Saint John Building By -law, supra, and The Zoning By -law, supra, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 4. WHEREAS, paragraph 100.2(a) of the Municipalities Act, supra, provides that offences under paragraph 94.2(3) or 102.1(1.2) of the said Act or offences in respect of a by -law under paragraph 94(1) or 94(3) or section 190 of the Municipalities Act, supra, are prescribed offences for the purposes of section 9 of the Provincial Offences Procedure Act, S.N.B. 1987, c. P -22.1, and amendments thereto; AND WHEREAS, paragraph 100.2(b) of the Municipalities Act, supra, provides that a by -law enforcement officer appointed under section 14 of the Police Act, supra, and designated by resolution of the council is an authorized person who may serve tickets in respect to offences referred to in paragraph 100.2(a) of the Municipalities Act, supra: NOW THEREFORE BE IT RESOLVED, that Stewart Handrahan is hereby designated and authorized as a person to serve tickets in respect to offences referred to in paragraph 100.2(x) of the Municipalities Act, supra, effective immediately, and this designation and authorization shall continue until he ceases to be an employee of the Buildings and 25 96 -269 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 5. WHEREAS, the Common Council of The City of Saint John has enacted certain by -laws pursuant to the authority of the Municipalities Act, supra, and it may from time to time be necessary to make an application to The Court of Queen's Bench of New Brunswick under paragraph 106.1(1) of the Municipalities Act, supra, when a person has contravened or failed to comply with such by -laws: NOW THEREFORE BE IT RESOLVED, that David G. M. Crawford is hereby designated and authorized, when there is no Building Inspector or when the Building Inspector is unable to act or is absent, to make application to The Court of Queen's Bench of New Brunswick or a judge thereto, for any of the orders described in paragraph 106.1(2) of the Municipalities Act, supra, effective immediately, and this designation and authorization shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 5.3 That as recommended by the City Manager in the submitted report M &C 2011- 171: Easement Acquisition for Municipal Storm and Sanitary Sewer Lines — 142 River Hill Drive, Council authorize the acquisition of an easement for municipal services in and through the lands at civic number 142 River Hill Drive, as per the submitted agreement of purchase and sale and as illustrated on the submitted easement sketch, titled "Milford Drainage Basin Stormwater System Improvements" and further that the Mayor and Common Clerk are authorized to sign any documents necessary to finalize this transaction. 5.4 That as recommended by the City Manager in the submitted report M &C 2011- 170: Easement Acquisition for Municipal Storm and Sanitary Sewer Lines — 140 River Hill Drive, Council authorize the acquisition of an easement for municipal services in and through the lands at civic number 140 River Hill Drive, as per the submitted agreement of purchase and sale and as illustrated on the submitted easement sketch, titled "Milford Drainage Basin Stormwater System Improvements" and further that the Mayor and Common Clerk are authorized to sign any documents necessary to finalize this transaction. 5.5 That as recommended by the City Manager in the submitted report M &C 2011- 168: Proposed Public Hearing Date, Common Council schedule the public hearings for the rezoning and Section 39 amendment applications of Hughes Surveys & Consultants Inc., on behalf of Barsa Ventures Ltd. (350 Ashburn Road), North Star Holdings Ltd. (50 Heather Way) and James Bustard & Freddy's New Frenchy's Ltd. (303 Westmorland Road) for Tuesday, August 2, 2011 at 7:00 pm in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. 5.6 That as recommended by the City Manager in the submitted report M &C 2011- 169: Extension of Police Lease, Common Council enter into the submitted Lease Amendment Agreement with Se -Fish Associates Limited and 058854 N.B. Ltd., and further that the Mayor and Common Clerk be authorized to execute the Lease Amendment Agreement as submitted. 5.7 That as recommended by the City Manager in the submitted report M &C 2011- 165: Revised Sale of Land Formerly an Unnamed Street in Glen Falls, Common Council rescind its resolution dated March 28, 2011 as contained in M &C 2011 -55 pertaining to the sale of an unnamed street in Glen Falls; that The City of Saint John sell its fee simple interest in Parcel "A" having an area of approximately 727 square metres to Harry William Rowe and Claudette Mary Theresa Rowe for $1,000 plus HST (if applicable) as per the submitted Offer of Purchase and Sale agreement; and to sell Parcel "B ", having an area of approximately 268 square metres to Robert K. Janes for $500.00 plus HST (if applicable) as per the submitted Offer of Purchase and Sale agreement, both parcels as shown on the submitted Tentative Plan of subdivision; and that the Mayor and Common Clerk be authorized to sign any documents required to finalize the land transfers. 5.8 That the report submitted by the Saint John Board of Police Commissioners entitled Saint John Police Force 2011 Operating Budget — April YTD Financial Results, be received for information. 26 96 -270 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 5.9 That the report submitted by The Saint John Jeux Canada Games Foundation Inc. entitled Financial Statements December 31, 2010 be received for information. 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 J. Steele relative a ('installation d'un muret de securite entre le 89 et le 111, chemin Hillcrest soit transmise au directeur general. 5.2 Que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -173: Nomination dun agent d'execution des arretes municipaux, les resolutions suivantes soient adoptees : ATTENDU que le conseil communal de The City of Saint John a edicte certains arretes municipaux en vertu de la Loi sur les municipalites, supra, y compris I'Arrete sur les locaux dangereux et inesthetiques, I'Arrete N° M -30, ainsi que les modifications afferentes, et qu'il serait necessaire, de temps a autre, d'entamer des procedures judiciaires a la Cour provinciale du Nouveau - Brunswick, lorsqu'une personne viole les conditions de ces arretes ou neglige de les respecter; ET ATTENDU que le paragraphe 14(1) de la Loi sur la police, supra, prevoit qu'un Conseil municipal est habilite a nommer des personnes a titre d'agents charges de 1'execution des arretes municipaux; ET ATTENDU que I'alinea 190.01(3) de la Loi sur les municipalites, supra, prevoit que Iorsqu'une situation mentionnee aux alineas 190.01(1), 190.01(1.1) ou 190.01(2) existe, un fonctionnaire nomme par un conseil peut aviser le proprietaire ou I'occupant des lieux, du batiment ou de la construction par avis selon la formule prescrite par reglement; ET ATTENDU que I'article 101 de la Loi sur les municipalites, supra, prevoit que les procedures relatives a une infraction a 1'encontre de I'arrete doivent titre entamees au nom du greffier de la municipalite ou de toute autre personne designee a ces fins par le conseil : POUR CES MOTIFS, IL EST RESOLU que Stewart Handrahan soit nomme, par les presentes, pour agir en qualite d'agent charge de 1'execution des arretes municipaux visant I'application de I'Arrete sur les lieux inesthetiques et les batiments ou constructions dangereux de The City of Saint John. Cette nomination prendra effet immediatement et demeurera en vigueur aussi longtemps que cette personne sera employee par le Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que sa nomination soit revoquee par le conseil communal, selon la premiere eventualite; IL EST DE PLUS RESOLU que Stewart Handrahan soit, par les presentes, immediatement nomme et autorise a emettre les avis necessaires aux proprietaires et aux occupants de lieux, de batiments ou de constructions inesthetiques ou de batiments et de constructions dangereux pour la securite du public du fait qu'ils sont vacants, delabres ou qu'ils presentent un manque de solidite, en vertu de I'Arrete sur les lieux inesthetiques et les batiments ou constructions dangereux de The City of Saint John. Cette nomination et son autorisation correspondante demeureront en vigueur aussi longtemps que cette personne sera employee par le Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que sa nomination soit revoquee par le conseil communal, selon la premiere eventualite; IL EST DE PLUS RESOLU que Stewart Handrahan soit, par les presentes, immediatement nomme et autorise a deposer auprbs de la Cour provinciale du Nouveau - Brunswick des denonciations relatives aux infractions commises a 1'encontre de I'Arrete sur les lieux inesthetiques et 27 96 -271 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 2011/LE 4 JUILLET 2011 les batiments ou constructions dangereux de The City of Saint John. Cette nomination et son autorisation correspondante demeureront en vigueur aussi longtemps que cette personne sera employee par le Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que sa nomination soit revoquee par le conseil communal, selon la premiere eventualite. 2. ATTENDU que le conseil communal de The City of Saint John a edicte certains arretes municipaux en vertu de la Loi sur les municipalites, L.R.N. -.B. 1973, c. M -22, et des modifications afferentes, y compris l'arrete sur les normes minimales regissant les residences, I'Arrete n° M -14, et les modifications afferentes, et qu'il serait necessaire, de temps a autre, d'entamer des procedures judiciaires a la Cour provinciale du Nouveau - Brunswick, Iorsqu'une personne viole les conditions de ces arretes ou neglige de les respecter; ET ATTENDU que le paragraphe 14(1) de la Loi sur la police (Chapitre P -9.2, L.R.N. -B., 1977), ainsi que les modifications afferentes, prevoit qu'un conseil municipal est habilite a nommer des personnes a titre d'agents charges de 1'execution des arretes municipaux; ET ATTENDU que le paragraphe 23(1) de I'Arrete sur les normes minimales regissant les residences, supra, prevoit que lorsqu'une situation relative a une habitation, un logement, une structure ou aux lieux nest pas conforme a 1'arrete, un agent des normes nomme par le conseil peut aviser le proprietaire ou ('occupant de I'habitation, du logement, d'une structure ou des lieux par avis selon la formule prescrite par reglement; ET ATTENDU que I'article 101 de la Loi sur les municipalites, supra, prevoit que les procedures relatives a une infraction a 1'encontre de 1'arrete doivent titre entamees au nom du greffier de la municipalite ou de toute autre personne designee a ces fins par le conseil : POUR CES MOTIFS, IL EST RESOLU que Stewart Handrahan soit nomme, par les presentes, pour agir en qualite d'agent charge de 1'execution des arretes municipaux visant I'application de I'Arrete sur les normes minimales regissant les residences. Cette nomination prendra effet immediatement et demeurera en vigueur aussi longtemps que cette personne sera employee par le Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que sa nomination soit revoquee par le conseil communal, selon la premiere eventualite; POUR CES MOTIFS, IL EST RESOLU que Stewart Handrahan soit, par les presentes, immediatement nomme et autorise a emettre les avis necessaires aux proprietaires et aux occupants de lieux, d'habitations, de logements jumeles ou de constructions qui ne repondent pas aux normes etablies en vertu de I'Arrete sur les normes minimales regissant les residences. Cette nomination et son autorisation correspondante demeureront en vigueur aussi longtemps que cette personne sera employee par le Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que sa nomination soit revoquee par le conseil communal, selon la premiere eventualite; IL EST DE PLUS RESOLU que Stewart Handrahan soit, par les presentes, immediatement nomme et autorise a deposer aupres de la Cour provinciale du Nouveau - Brunswick des denonciations relatives aux infractions commises a 1'encontre de I'Arrete sur les normes minimales regissant les residences. Cette nomination et son autorisation correspondante demeureront en vigueur aussi longtemps que cette personne sera employee par le Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que sa nomination soit revoquee par le conseil communal, selon la premiere eventualite. 3. ATTENDU QUE le conseil communal de The City of Saint John a edicte certains arretes municipaux en vertu de la Loi sur les municipalites, supra, comprenant I'Arrete relatif aux animaux domestiques, I'Arrete No M -13, I'Arrete sur les pares pour maisons mobiles, I'Arrete N° M -20, I'Arrete 96 -272 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 2011/LE 4 JUILLET 2011 concernant les zones exposees aux inondations, I'Arrete N° C.P. 11, I'Arrete relatif a la construction de Saint John, I'Arrete No C.P. 101, ainsi que I'Arrete de zonage, I'Arrete N° C.P. 110, et les modifications afferentes, et qu'il serait necessaire, de temps a autre, d'entamer des procedures judiciaires a la Cour provinciale du Nouveau - Brunswick, lorsqu'une personne viole les conditions de ces arretes ou neglige de les respecter; ET ATTENDU que le paragraphe 14(1) de la Loi sur la police, supra, prevoit qu'un conseil municipal est habilite a nommer des personnes a titre d'agents charges de 1'execution des arretes municipaux; ET ATTENDU que I'article 101 de la Loi sur les municipalites, supra, prevoit que les procedures relatives a une infraction a 1'encontre de 1'arrete doivent titre entamees au nom du greffier de la municipalite ou de toute autre personne designee a ces fins par le conseil : POUR CES MOTIFS, IL EST RESOLU que Stewart Handrahan soit, par les presentes, immediatement nomme pour agir en qualite d'agent charge de 1'execution des arretes municipaux visant ('application de I'Arrete relatif aux animaux domestiques, supra, I'Arrete sur les pares pour maisons mobiles, supra, l'Arrete concernant les zones exposees aux inondations, supra, I'Arrete relatif a la construction de Saint John, supra, et I'Arrete de zonage, supra. Cette affectation demeurera en vigueur aussi longtemps que cette personne sera employee par le Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que sa nomination soit revoquee par le conseil communal, selon la premiere eventualite; POUR CES MOTIFS, IL EST RESOLU que Stewart Handrahan soit, par les presentes, immediatement nomme et autorise a deposer aupres de la Cour provinciale du Nouveau - Brunswick des denonciations relatives aux infractions commises a 1'encontre de l'Arrete relatif aux animaux domestiques, supra, I'Arrete sur les pares pour maisons mobiles, supra, I'Arrete concernant les zones exposees aux inondations, supra, I'Arrete relatif a la construction de Saint John, supra, et I'Arrete de zonage, supra. Cette nomination et son autorisation correspondante demeureront en vigueur aussi longtemps que cette personne sera employee par le Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que sa nomination soit revoquee par le conseil communal, selon la premiere eventualite. 4. ATTENDU QUE I'alinea 100.2a) de la Loi sur les municipalites, supra, prevoit que les infractions prevues a I'alinea 94.2(3) ou 102.1(1.2) ou les infractions relativement a un arrete pris en vertu du paragraphe 94(1) ou (3) ou de I'article 190 de la Loi sur les municipalites, supra, sont des infractions prescrites pour ('application de I'article 9 de la Loi sur la procedure applicable aux infractions provinciales (Chapitre P -22.1, L.R.N. -B., 1987) et modifications afferentes; ET ATTENDU QUE I'alinea 100.2b) de la Loi sur les municipalites, supra, prevoit que les agents charges de 1'execution des arretes municipaux nommes en vertu de I'article 14 de la Loi sur la Police, supra, et designes par resolution du conseil d'une municipalite sont des personnes autorisees qui peuvent signifier des billets de contravention relativement aux infractions mentionnees a I'alinea 100.2a) de la Loi sur les municipalites, supra : POUR CES MOTIFS, IL EST RESOLU que Stewart Handrahan soit, par les presentes, immediatement nomme comme personne autorisee a signifier des billets de contravention relativement aux infractions mentionnees a I'alinea 100.2a) de la Loi sur les municipalites, supra. Cette nomination et son autorisation correspondante demeureront en vigueur aussi longtemps que cette personne sera employee par le Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que sa nomination soit revoquee par le conseil communal, selon la premiere eventualite. 5. ATTENDU que le conseil communal de The City of Saint John a edicte certains arretes municipaux en vertu de la Loi sur les municipalites, supra, et 29 96 -273 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 qu'il serait n6cessaire, de temps a autre, de d6poser une requete d'ordonnance aupres de la Cour du Banc de la Reine du Nouveau - Brunswick conform6ment a I'alin6a 106.1(1) de la Loi sur les municipalit6s, supra, lorsqu'une personne viole les conditions de ces arr6t6s ou n6glige de les respecter; POUR CES MOTIFS, IL EST RESOLU que dans le cas ou it n'y aurait pas d'inspecteur des constructions ou bien si celui -ci 6tait dans I'incapacit6 d'exercer ses fonctions ou absent, David G. M. Crawford soit, par les pr6sentes, imm6diatement nomm6 et autoris6 a d6poser une requete d'ordonnance aupres de la Cour du Banc de la Reine du Nouveau - Brunswick ou d'un de ses juges en vue d'obtenir I'un des jugements d6crits dans I'alin6a 106.1(2) de la Loi sur les municipalit6s, supra. Cette nomination et son autorisation correspondante demeureront en vigueur aussi longtemps que cette personne sera employ6e par le Service d'inspection et des batiments de The City of Saint John ou jusqu'a ce que sa nomination soit r6voqu6e par le conseil communal, selon la premiere 6ventualit6. 5.3 Que, comme le recommande le directeur gdn6ral dans le rapport soumis intitu16 M/C 2011 -171 : Acquisition dune servitude relative au r6seau municipal d'6gout sanitaire et d'69out pluvial visant le 142, promenade River Hill, le conseil communal autorise I'acquisition d'une servitude pour services municipaux sur les terrains situ6s au 142, promenade River Hill, tels qu'ils sont repr6sent6s sur le croquis soumis aux fins de servitude et qui s'intitule « Modernisation du r6seau d'6gout pluvial du bassin versant de Milford », et ce, conformement a la convention d'achat -vente soumise. II est en outre r6solu que le maire et la greffibre communale soient autoris6s a signer tous les documents n6cessaires a la conclusion de cette transaction. 5.4 Que, comme le recommande le directeur g6n6ral dans le rapport soumis intitu16 M/C 2011 -170: Acquisition dune servitude relative au r6seau municipal d'6gout sanitaire et d'69out pluvial visant le 140, promenade River Hill, le conseil communal autorise I'acquisition d'une servitude pour services municipaux sur les terrains situ6s au 140, promenade River Hill, tels qu'ils sont repr6sent6s sur le croquis soumis aux fins de servitude et qui s'intitule « Modernisation du r6seau d'6gout pluvial du bassin versant de Milford », et ce, conformement a la convention d'achat -vente soumise. II est en outre r6solu que le maire et la greffibre communale soient autoris6s a signer tous les documents n6cessaires a la conclusion de cette transaction. 5.5 Que, comme le recommande le directeur g6n6ral dans le rapport soumis intitu16 M/C 2011 -168: Date propos6e pour la tenue dune audience publique, le conseil communal fixe la date de I'audience publique relativement aux demandes de rezonage et de modification en vertu de I'article 39 soumises par Hughes Surveys & Consultants Inc., au nom de Barsa Ventures Ltd. (350, chemin Ashburn), par North Star Holdings Ltd. (50, voie Heather), et par James Bustard & Freddy's New Frenchy's Ltd. (303, chemin Westmorland) au mardi 2 aout 2011, a 19 h, dans la salle du conseil, et qu'il transmette les demandes au Comit6 consultatif d'urbanisme aux fins de pr6sentation de rapport et de recommandations. 5.6 Que, comme le recommande le directeur g6n6ral dans le rapport soumis intitule M/C 2011 -169: Prolongation du bail du Service de police, le conseil communal conclue 1'entente soumise de modification au bail avec Se -Fish Associates Limited et 058854 N.B. Ltd., et que le maire, et la greffibre communale soient autorise's a signer ladite entente telle que pr6sent6e. 5.7 Que, comme le recommande le directeur g6n6ral dans le rapport soumis intitu16 M/C 2011 -165: Vente modifi6e de terrain, anciennement une rue publique sans nom a Glen Falls, le conseil communal annule la r6solution adopt6e le 28 mars 2011 et contenue dans la rapport M/C 2011 -55 relativement a la vente d'une rue sans nom a Glen Falls, a savoir que The City of Saint John vende I'int6ret en fief simple de la parcelle « A >), dont la superficie est de 727 metres carres, a Harry William Rowe et a Claudette Mary Theresa Rowe pour la somme de 1 000 $ (TVH en sus, le cas 6ch6ant) conformement a la convention d'achat -vente soumise, et que The City of Saint John vende I'int6ret en fief simple de la parcelle « B » d'une superficie d'environ 268 metres carr6s a Robert K. Janes pour la somme de 500 $ (TVH en sus, le cas 6ch6ant) conformement a la convention d'achat -vente soumise, ces deux parcelles en question 6tant repr6sent6es sur le plan provisoire de lotissement soumis. II est en outre r6solu 30 96 -274 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 que le maire et la greffiere communale soient autorises a signer toute documentation requise pour conclure le transfert des parcelles. 5.8 Que le rapport presente par le Bureau des commissaires de la police de Saint John et qui s'intitule Service de police de Saint John — Budget de fonctionnement de 2011 — Bilan financier jusqu'au mois d'avril, soit accepte a titre informatif. 5.9 Que le rapport soumis par Saint John Jeux Canada Games Foundation Inc. et qui s'intitule Etats financiers en date du 31 decembre 2010, soit accepte a titre informatif. RESOLU que la recommandation formulee pour chacune des questions soumises a I'approbation du conseil soit adoptee. A I'issue du vote, la proposition est adoptee. 6. Members Comments 6. Commentaires presentes par les membres 7. Proclamation 7. Proclamation 8. Delegations /Presentation 8. Delegations et presentations 10. Consideration of By -laws 10.1 Third Reading — Unsightly Premises and Dangerous Buildings By -Law On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Respecting Unsightly Premises and Hazardous Buildings and Structures Within the City of Saint John ", be read. Question being taken, the motion was carried. The By -Law entitled "A By -Law to Amend a By -Law Respecting Unsightly Premises and Hazardous Buildings and Structures Within the City of Saint John ", was read in its entirety. On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Respecting Unsightly Premises and Hazardous Buildings and Structures Within the City of Saint John ", be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled "A By -Law to Amend a By -Law Respecting Unsightly Premises and Hazardous Buildings and Structures Within the City of Saint John ". 10. Etude des arretes municipaux 10.1 Troisieme lecture de I'Arrete sur les lieux inesthetiques et les batiments ou constructions dangereux Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que I'arrete intitule « Arrete modifiant I'Arrete sur les lieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John » fasse I'objet d'une lecture. 31 96 -275 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 A Tissue du vote, la proposition est adoptee. L'arrete intitule « Arrete modifiant I'Arrete sur les lieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John » est lu integralement. Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete sur les Iieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John » fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal soit appose. A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete sur les Iieux inesthetiques et les batiments ou constructions dangereux dans The City of Saint John ». 10.2 Third Reading — Traffic By -Law Amendment Re: Champlain Street West On motion of Councillor Farren Seconded by Councillor Titus RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments thereto ", be read. Question being taken, the motion was carried. The By -Law entitled "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments thereto ", was read in its entirety. On motion of Councillor Farren Seconded by Councillor Titus RESOLVED that the by -law entitled "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments thereto ", be read a third time, enacted, and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled "A By -Law to Amend a By -Law Respecting Traffic on Streets in The City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments thereto ". 10.2 Troisieme lecture de la modification de I'Arrete relatif a la circulation concernant la rue Champlain Ouest Proposition du conseiller Farren Appuyee par le conseiller Titus RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » est lu integralement. Proposition du conseiller Farren Appuyee par le conseiller Titus RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » fasse ('objet d'une troisieme lecture, qu'il soit edicte et que le sceau communal y soit appose. 32 96 -276 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 A Tissue du vote, la proposition est adoptee. Troisieme lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». 11. Submissions by Council Members 11.1 High Voltage Lines on West Side (Councillor Farren) The City Solicitor advised that his department is currently examining the nature and extent of the legal title that the City has on the right of way and what bearing that has upon the capacity of the city to consent to, or impose, conditions upon the proposed construction and operation of high voltage power transmission lines along the right of way corridor. On motion of Mayor Court Seconded by Councillor Titus RESOLVED that the letter from Councillor Farren entitled High Voltage Lines on West Side be referred to the City Manager and City Solicitor for a report and recommendation in two weeks time. Question being taken, the motion was carried with Councillor Farren voting nay. 11. Interventions des membres du conseil 11.1 Ligne a haute tension dans le quartier West Side (conseiller Farren) L'avocat municipal declare que son service examine actuellement la nature et 1'etendue du titre juridique que la Ville possede sur le droit de passage et la maniere dont it influence la capacite de la Ville a approuver ou a imposer des conditions dans le cadre du projet visant a installer et a exploiter des lignes de transmission de haute tension le long de 1'emprise. Proposition du maire Court Appuyee par le conseiller Titus RESOLU que la lettre du conseiller Farren intitulee Ligne a haute tension dans le quartier West Side soit transmise au directeur general aux fins de redaction d'un rapport d'ici deux semaines. A ('issue du vote, la proposition est adoptee. Le conseiller Farren vote contre la proposition. 11.2 Seaside Park Stairs (Councillor Farren) On motion of Councillor Farren Seconded by Councillor Sullivan RESOLVED that the City Manager be directed to examine every option to find the funds for the noted repairs at Seaside Park and report back to Council as soon as possible so these repairs can move ahead in 2011. Question being taken, the motion was carried with Councillor Higgins voting nay. 11.2 Escaliers du parc Seaside (conseiller Farren) Proposition du conseiller Farren Appuyee par le conseiller Sullivan RESOLLI que le directeur general soit charge d'examiner toutes les options permettant de trouver les fonds necessaires pour mener les travaux de reparation indiques dans le parc Seaside et qu'il fasse part de ses conclusions au conseil le plus tot possible pour que ces travaux puissent avoir lieu en 2011. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. 33 96 -277 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 11.3 Morna Heights School (Councillor Farren) (Councillor Sullivan withdrew from the meeting) On motion of Councillor Farren Seconded by Councillor Norton RESOLVED that Common Council send a letter to the Education Board, the Minister of Education, the Minister of Finance, MLA Dr. Parott and "Save the Morna Heights School" that spells out very clearly that The City of Saint John is opposed to the closure of the school and the effects of the pending closure of the Morna Heights School to our community. Question being taken, the motion was carried with Councillor Higgins voting nay. (Councillor Sullivan re- entered the meeting) 11.3 Ecole Morna Heights (conseiller Farren) (Le conseiller Sullivan quitte la seance.) Proposition du conseiller Farren Appuyee par le conseiller Norton RESOLU que le conseil communal fasse parvenir une lettre au conseil d'education, au ministre de 1'Education, au ministre des Finances et au Dr Jim Parott, depute, dans Iaquelle it leur demande de « sauver 1'Ecole Morna Heights ». La lettre devra tres clairement preciser que The City of Saint John s'oppose a la fermeture de 1'ecole et elle devra faire etat des repercussions qu'a la fermeture imminente de I'Ecole Morna Heights sur notre collectivite. A ('issue du vote, la proposition est adoptee. La conseillere Higgins vote contre la proposition. (Le conseiller Sullivan se joint de nouveau a la reunion.) 11.4 Council Reduction (Councillor Titus) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the City Solicitor be directed to prepare a draft bylaw amendment which would reduce the number of Councillors elected by four. Question being taken, the motion was carried with Councillors Court, Higgins, Mott and Sullivan voting nay. 11.4 Reduction de la taille du conseil (conseiller Titus) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'avocat municipal soit charge de rediger une modification provisoire a 1'arrete permettant de reduire le nombre de conseillers 6lus. Quatre sieges seraient ainsi perdus. A ('issue du vote, la proposition est acceptee. La conseillere Higgins et les conseillers Court, Mott et Sullivan votent contre la proposition. 11.5 Preservation of Morna Heights School (Councillor McGuire) (Councillor Sullivan withdrew from the meeting) On motion of Councillor McGuire Seconded by Councillor Titus RESOLVED that the submitted report be received for information. Question being taken, the motion was carried. (Councillor Sullivan re- entered the meeting) 34 96 -278 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 11.5 Sauvegarde de I'Ecole Morna Heights (conseiller McGuire) (Le conseiller Sullivan quitte la seance.) informatif. Proposition du conseiller McGuire Appuyee par le conseiller Titus RESOLU que le rapport soumis soit accepte a titre A Tissue du vote, la proposition est adoptee. (Le conseiller Sullivan se joint de nouveau a la reunion.) 11.6 Implementation of Live Webcam Program for The City of Saint John (Councillor Norton) On motion of Councillor Norton Seconded by Councillor Farren RESOLVED that Council refer to the City Manager for a review, recommendation (and, if recommended, implementation prior to the end of September 2011) on a trial basis the installation and broadcast of a live webcam feed from Rockwood Park and Rainbow Park with a view to establishing similar webcam feeds from other popular Saint John locations. Question being taken, the motion was carried with Councillors Court and Higgins voting nay. 11.6 Mise en oeuvre du programme relatif aux cameras Web en direct pour The City of Saint John (conseiller Norton) Proposition du conseiller Norton Appuyee par le conseiller Farren RESOLU que le conseil consulte le directeur general aux fins d'examen et de recommandations (et, dans le cas ou une recommandation serait emise, la mise en ceuvre du projet avant la fin du mois de septembre 2011) relativement a ('installation d'une camera Web en direct depuis le parc Rockwood et le parc Rainbow eta la diffusion des images, et ce, a titre d'essai. L'objectif vise a installer d'autres cameras Web dans plusieurs endroits tres frequentes de Saint John. A ('issue du vote, la proposition est acceptee. Le conseiller Court et la conseillere Higgins votent contre la proposition. 11.7 Development of an Annual City of Saint John Award for Property Rehabilitation / Renovation (Councillor McGuire) On motion of Councillor McGuire Seconded by Councillor Norton RESOLVED that the City Manager, working with key City staff, submit a report to Council suggesting a model that would establish an annual City of Saint John award for property rehabilitation / renovation. Question being taken, the motion was carried. 11.7 Mise en place d'un prix annuel de The City of Saint John pour la rehabilitation et la renovation des proprietes (conseiller McGuire) Proposition du conseiller McGuire Appuyee par le conseiller Norton RESOLU que le directeur general, en collaboration avec le personnel municipal cle, soumette un rapport au conseil dans lequel it suggere un modele pour la mise en place d'un prix annuel de The City of Saint John pour la rehabilitation et la renovation des proprietes. A ('issue du vote, la proposition est adoptee. 35 96 -279 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 12. Business Matters - Municipal Officers 12.1(a,b,c) Common Clerk: Update on Information / Records Management On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the submitted update from the Common Clerk on Information / Records Management, be received for information. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1 a), b), c) Greffiere communale : Mise a jour relative a la gestion de ('information et des documents Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que ('information transmise par la greffiere communale relativement a la gestion de ('information et des documents soit acceptee a titre informatif. A I'issue du vote, la proposition est adoptee. 12.2 City Manager: Safe Clean Drinking Water Program, Preliminary Submission (2011) to PPP Canada On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 -164: Safe Clean Drinking Water Program, Preliminary Submission (2011) to PPP Canada, Common Council authorize the submitted preliminary funding Submission (2011) to PPP Canada for the fifteen projects referred to under the Program Structuring and Implementation Plan for the Safe Clean Drinking Water Program; and further authorize the Mayor and Council's Drinking Water Committee to continue exploring other funding opportunities that would be in the best financial and service interests of ratepayers of the water utility. Question being taken, the motion was carried with Councillors Court and Higgins voting nay. 12.2 Directeur general : Programme sur la salubrite et proprete de I'eau potable — Soumission preliminaire (2011) a PPP Canada Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011 -164 : Programme surla salubrit6 et proprete de 1'eau potable — Soumission preliminaire (2011) a PPP Canada, le conseil communal autorise la presentation d'une soumission preliminaire (2011) a PPP Canada pour les quinze projets definis dans le document Organisation du programme et plan de mise en oquvre dans le cadre du Programme sur la salubrite et proprete de ('eau potable; et qu'il autorise le maire et le Comite de gestion de I'eau potable a rechercher d'autres occasions de financement, et ce, dans le meilleur interet financier des contribuables pour qu'ils beneficient des meilleures prestations relativement aux services d'eau. A ('issue du vote, la proposition est acceptee. Le conseiller Court et la conseillbre Higgins votent contre la proposition. 12.3 City Manager: Rodney Terminal Outfall Renewal — Phase 1, Contract Number 2010 -26 On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 -172, Contract 2010 -26: Rodney Terminal 36 96 -280 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 Outfall Renewal — Phase 1 be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $1,476,438.79 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.3 Directeur general : Contrat no 2010 -26 relatif a la phase 1 du renouvellement de 1'emissaire du terminal Rodney Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general dans le rapport presente M/C 2011 -172, le contrat no 2010 -26 relatif a la phase 1 du renouvellement de 1'emissaire du terminal Rodney soit accorde au soumissionnaire le moins - disant, Galbraith Construction Ltd., au prix offert de 1 476 438,79 $, etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. A Tissue du vote, la proposition est adoptee. 12.4 City Solicitor: Main Street Bike Lane (Councillor Farren withdrew from the meeting) On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled "A By -law to Amend a By -law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto," amending Appendix A regarding the speed limit on Main Street: Chesley Drive to Harbour Bridge Ramp "C ", be read a first time. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "A By -law to Amend a By -law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto." On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the by -law entitled "A By -law to Amend a By -law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto," amending Appendix A regarding the speed limit on Main Street: Chesley Drive to Harbour Bridge Ramp "C ", be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "A By -law to Amend a By -law Respecting Traffic on Streets in the City of Saint John made under the Authority of the Motor Vehicle Act, 1973, and amendments thereto." 12.4 Avocat municipal : Voie cyclable de la rue Main (Le conseiller Farren quitte la seance.) Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes », modifiant N< annexe A » relativement a la limitation de vitesse sur la rue Main, de la promenade Chesley a la bretelle « C » du pont du port, fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. 37 96 -281 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 Premiere lecture par titre de 1'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arrete intitule « Arrete modifiant I'Arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes », modifiant I'« annexe A » relativement a la limitation de vitesse sur la rue Main, de la promenade Chesley a la bretelle « C » du pont du port, fasse ('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 relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». 12.5 City Manager: Land for Public Purposes (LPP) Trust Fund Applications On motion of Councillor Sullivan Seconded by Councillor Higgins RESOLVED that as recommended by the City Manager in the submitted report M &C 2011: Land for Public Purposes (LPP) Trust Fund Applications, Common Council: 1) Support the development of the Anglin Drive Neighbourhood Association Playground Project in the amount of $5,000; and that such funding is contingent upon the equipment and installation being CSA approved and that a letter from the equipment supplier stating this fact is sent to the City's Leisure Services Department; and 2) Support the Romeo & Juliet Park Committee Green Space Project in the amount of $5,000; that such funding is contingent upon the Romeo & Juliet Park Committee receiving matching funding through other sources; The Romeo & Juliet Park neighbourhood committee be responsible for mowing the newly established green space and organize neighbourhood maintenance / clean -up activities toward the sustainability of the park; and the Romeo & Juliet Park Committee receives the appropriate approval from the Department of Environment to complete the project. Question being taken, the motion was carried. 12.5 Directeur general : Demandes en vertu du fonds en fiducie relatif aux terrains d'utilite publique Proposition du conseiller Sullivan Appuyee par la conseillere Higgins RESOLU que, comme le recommande le directeur general dans le rapport soumis intitule M/C 2011: Demandes en vertu du fonds en fiducie relatif aux terrains d'utilite publique, le conseil communal : 1) soutienne la mise en oeuvre du projet de terrain de jeu propose par la Anglin Drive Neighbourhood Tenants Association (associations des residents du quartier de la promenade Anglin) a hauteur de 5 000 $; et que ce financement soit assujetti a I'approbation par I'Association canadienne de normalisation (CSA) de 1'equipement et de ('installation et qu'une lettre du fournisseur de 1'equipement etablissant ce fait soit envoyee aux Services des loisirs de la ville; 2) soutienne le projet d'espaces verts du comite du parc Romeo & Juliet a hauteur de 5 000 $, a la condition que le comite du parc Romeo & Juliet obtienne un financement egal de la part d'autres sources; que le comite du parc Romeo & Juliet soit charge de tondre 1'espace vert recemment installe et d'organiser des activites de quartier pour 1'entretien et le nettoyage du parc (en vue de sa preservation), et qu'il regoive I'approbation du ministere de I'Environnement pour la mise en oeuvre du projet. A ('issue du vote, la proposition est adoptee. (Councillor Farren re- entered the meeting) 96 -282 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 12.6 City Manager: Asphalt Concrete Resurfacing — 2011, Contract Number 2011 -15 On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 -175, Contract Number 2011 -15: Asphalt Concrete Resurfacing — 2011, be awarded to the low tenderer, Classic Construction Ltd., at the tendered price of $2,289,210.71 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. Le conseiller Farren se joint de nouveau a la seance. 12.6 Directeur general : Contrat no 2011 -15 relatif au resurfagage au moyen de beton asphaltique pour 2011 Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLLI que, comme le recommande le directeur general dans le rapport presente M/C 2011 -175, le contrat no 2011 -15 relatif au resurfagage au moyen de beton asphaltique pour 2011 soit accorde au soumissionnaire le moins - disant, Classic Construction Ltd., au prix offert de 2 289 210,71 $, etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. A Tissue du vote, la proposition est adoptee. 12.7 City Manager: Crown Street SLS Number 8 & Force Main, Contract 2011 -09 On motion of Councillor Titus Seconded by Councillor Farren RESOLVED that as recommended by the City Manager in the submitted report M &C 2011 -174, Contract Number 2011 -09: Crown Street SLS Number 8 and Force Main be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of $3,437,208.01 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Question being taken, the motion was carried. 12.7 Directeur general : Contrat no 2011 -09 relatif au poste de relevage des eaux usees no 8 et aux conduites de refoulement de la rue Crown Proposition du conseiller Titus Appuyee par le conseiller Farren RESOLLI que, comme le recommande le directeur general dans le rapport presente M/C 2011 -174, le contrat no 2011 -09 relatif au poste de relevage des eaux usees no 8 et aux conduites de refoulement de la rue Crown soit accorde au soumissionnaire le moins - disant, Fairville Construction Ltd., au prix offert de 3 437 208,01 $, etabli a partir de quantites estimatives, et que le maire et la greffiere communale soient autorises a signer les documents contractuels necessaires. A Tissue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Planning Advisory Committee: Cedar Point Anchorage Subdivision Phase 7 - 554 Woodward Avenue The City Solicitor recommended that Council refer this matter to him for further review, noting that he would submit a report to Council outlining its options. 39 96 -283 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 On motion of Councillor Sullivan Seconded by Councillor Titus RESOLVED that the report from the Planning Advisory Committee dated June 22, 2011 entitled Cedar Point Anchorage Subdivision, Phase 7 - 554 Woodward Avenue, be referred to the City Solicitor for a report in two weeks' time. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Comite consultatif d'urbanisme : Phase 7 du projet de lotissement Cedar Point Anchorage visant le 554, avenue Woodward L'avocat municipal recommande que le conseil lui transmette ce dossier aux fins d'examen approfondi et precise qu'il soumettrait au conseil un rapport contenant les solutions qu'il propose. Proposition du conseiller Sullivan Appuyee par le conseiller Titus RESOLU que le rapport du Comite consultatif d'urbanisme en date du 22 juin 2011 et qui s'intitule Phase 7 du projet de lotissement Cedar Point Anchorage visant le 554, avenue Woodward, soit transmis a I'avocat municipal aux fins de redaction d'un rapport d'ici deux semaines. A ('issue du vote, la proposition est adoptee. 13.2 Planning Advisory Committee: Cedar Point Anchorage Subdivision Phase 7 - 554 Woodward Avenue (Proposed Review of Subdivision Bylaw) On motion of Councillor Sullivan Seconded by Councillor Higgins RESOLVED that as recommended by the Planning Advisory Committee, a review of the Subdivision By -Law be undertaken to determine if it is appropriate to introduce by -law provisions respecting alternate means of access to development as well as further defining the term cul -de -sac. Question being taken, the motion was carried with Councillor McGuire voting nay. 13.2 Comite consultatif d'urbanisme : Phase 7 du projet de lotissement Cedar Point Anchorage visant le 554, avenue Woodward (projet de revision de I'Arrete de lotissement) Proposition du conseiller Sullivan Appuyee par la conseillbre Higgins RESOLU que, comme le recommande le Comite consultatif d'urbanisme, une revision de I'Arrbte de lotissement soit effectuee en vue de decider de la pertinence de ('introduction de dispositions d'arrbte concernant d'autres voies d'accbs au lotissement et de definir davantage le terme « cul -de -sac ». A ('issue du vote, la proposition est adoptee. Le conseiller McGuire vote contre la proposition. 13.3 Leisure Services Advisory Board: Priorities to Move Our Community Forward On motion of Deputy Mayor Chase Seconded by Councillor Norton RESOLVED that the submitted letter from the Leisure Services Advisory Board be referred to the City Manager for a report and recommendation. Question being taken, the motion was carried. .N 96 -284 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 13.3 Conseil consultatif des services des loisirs : Priorites dans le cadre du projet visant a faire evoluer la collectivite Proposition du maire suppleant Chase Appuyee par le conseiller Norton RESOLU que la lettre du Conseil consultatif des services des loisirs soit transmise au directeur general aux fins de preparation d'un rapport et d'une recommandation. A I'issue du vote, la proposition est adoptee. 13.4 Committee of the Whole: Victoria Garden Subdivision On motion of Councillor Sullivan Seconded by Councillor Titus RESOLVED that the Committee of the Whole recommends that The City of Saint John pay an amount of $13,143.00 to Boyle Real Estate Development Inc. in full satisfaction of its interest in and / or claim relating to the Municipal Services Easement shown on the Subdivision Plan titled Victoria Gardens Subdivision — Phase 2 dated the 7t" day of April, 2008 and filed in the Saint John County Registry Office as Number 25497745 on May 2 "d, 2008 in exchange for a full release; and further that this item be added to Council's open session agenda. Question being taken, the motion was carried. 13.4 Comite plenier : Lotissement Victoria Gardens Proposition du conseiller Sullivan Appuyee par le conseiller Titus RESOLU que le Comite plenier recommande que The City of Saint John verse la somme de 13 143 $ a Boyle Real Estate Development Inc. en reglement integral des interets et /ou de la demande a I'egard de la servitude pour services municipaux telle qu'elle est indiquee sur le plan de lotissement intitule « Phase no 2 du lotissement Victoria Gardens », lequel est date du 7 avril 2008 et a ete depose au bureau de 1'enregistrement pour le comte de Saint John sous le numbro 25497745 en date du 2 mai 2008, en echange d'une quittance complete. II est en outre resolu que ce point figure a I'ordre du jour de la seance publique du conseil. A I'issue du vote, la proposition est adoptee. 9. Public Hearings 7:00 P.M. 9.1(a) Proposed Zoning By -Law Amendment 1429 Loch Lomond Rd. 9.1(b) Planning Advisory Committee Report Recommending denial of Re- Zoning 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 located at 1429 Loch Lomond Road, having an area of approximately 8.2 hectares, also identified as PID number 00312900 from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential, with written 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 June 21st, 2011 meeting at which the Committee recommended that the proposed re- zoning be denied. The Mayor called for members of the public to speak against the amendment with Seamus Hanley of 56 Old Lake Trail, Norman Ganong of 77 Norman Drive, David Fischer of 31 Ganong Road, Chris Bartlett of 223 Bon Accord Drive and Mr. Kevin McDonald of 16 Roatan Way appearing before Council. Concerns were raised with respect to an increase in traffic, the smaller lot sizes of the proposed development, the increased density of the neighbourhood, the local school's capacity for additional students, and buffers between the proposed development and adjacent development. The Mayor called for members of the public to speak in favour of the amendment with Mr. Rick Turner, the applicant, advising that he was in agreement with the staff recommendation. Mr. Turner explained that the application was submitted to the City in 41 96 -285 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 December 2010, which he noted was prior to the adoption of the Growth Strategy by Common Council in March 2011. Mr. Turner advised that the development would create new street connections which he noted would assist with traffic. He gave an overview of the potential phasing, adjacent roadway connections and proposed lot sizes and density. 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 located at 1429 Loch Lomond Road, having an area of approximately 8.2 hectares, also identified as PID number 00312900 from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential, be read a first time. Question being taken, the motion was carried with Councillors Court and Norton voting nay. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Titus Seconded by 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 located at 1429 Loch Lomond Road, having an area of approximately 8.2 hectares, also identified as PID number 00312900 from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential, be read a second time. Question being taken, the motion was carried Councillors Court and Norton voting nay. Read a second time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." 9. Audiences publiques a 19 h 9.1 a) Projet de modification de I'Arrete de zonage visant le 1429, chemin Loch Lomond 9.1b) Rapport du Comite consultatif d'urbanisme recommandant le rejet du rezonage La greffiere communale indique que les avis requis ont ete publies en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 8,5 hectares situee au 1429, chemin Loch Lomond et portant le NID 00312900 afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 », et que des objections par ecrit ont ete regues a cet egard. Examen d'un rapport presente par le Comite consultatif d'urbanisme accompagne d'un exemplaire du rapport du personnel d'urbanisme, etudie lors de la seance du 21 juin 2011 au cours de Iaquelle le comite a recommande que le projet de rezonage soit rejete. Le maire invite le public a se prononcer contre la modification. Seamus Hanley du 56, sentier Old Lake, Norman Ganong du 77, promenade Norman, David Fischer du 31, chemin Ganong, Chris Bartlett du 223, promenade Bon Accord, et M. Kevin McDonald du 16, chemin Roatan, se presentent devant le conseil. Des preoccupations sont soulevees quant a une augmentation de la circulation, aux terrains d'une plus petite dimension dans le cadre du projet d'amenagement, a la densite accrue du quartier, A la capacite de 1'ecole locale a accueillir davantage d'eleves, et a I'amenagement de zones tampons entre le lotissement propose et le lotissement adjacent. Le maire invite les membres du public A exprimer leur appui quant A la modification proposee. M. Rick Turner, le requerant, souligne qu'il est d'accord avec les recommandations du personnel. M. Turner explique que la demande a ete presentee A 42 96 -286 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 la Ville en d6cembre 2010, soit avant I'adoption de la strat6gie de croissance par le Conseil communal en mars 2011. M. Turner precise que de nouveaux croisements verraient le jour dans le cadre du projet d'am6nagement et qu'ils contribueraient a d6congestionner la circulation. 11 donne un aperqu des eventuelles 6tapes du projet, des raccordements routiers adjacents, ainsi que des dimensions et de la densite des terrains. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'arrete intitule « Arrete modifiant I'Arret6 de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en proc6dant au rezonage d'une parcelle de terrain situ6e au 1429, chemin Loch Lomond, d'une superficie approximative de 8,2 hectares, inscrite sous le NID 00312900, afin de la faire passer de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » A zone r6sidentielle — habitations unifamiliales et bifamiliales « R -2 », fasse ('objet d'une premiere lecture. A I'issue du vote, la proposition est acceptee. Les conseillers Court et Norton votent contre la proposition. Premiere lecture par titre de I'arret6 intitule « Arrete modifiant I'Arret6 de zonage de The City of Saint John >>. Proposition du conseiller Titus Appuy6e par le conseiller McGuire RESOLU que I'arret6 intitule « Arrete modifiant I'Arret6 de zonage de The City of Saint John », modifiant I'annexe A, plan de zonage de The City of Saint John, en proc6dant au rezonage d'une parcelle de terrain situ6e au 1429, chemin Loch Lomond, d'une superficie approximative de 8,2 hectares, inscrite sous le NID 00312900, afin de la faire passer de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » A zone r6sidentielle — habitations unifamiliales et bifamiliales « R -2 », fasse ('objet d'une deuxieme lecture. A I'issue du vote, la proposition est accept6e. Les conseillers Court et Norton votent contre la proposition. Deuxieme lecture par titre de I'arrete intitule « Arrete modifiant I'Arrete de zonage de The City of Saint John ». (Councillor Higgins withdrew from the meeting) 9.2(a) Proposed Zoning By -Law Amendment 1515 Loch Lomond Rd. 9.2(b) Planning Advisory Committee Report Recommending denial of Re- Zoning 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 located at 1515 Loch Lomond Road, having an area of approximately 15 hectares, also identified as PID number 55210413 from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential, with written 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 June 21st 2011 meeting at which the Committee recommended that the proposed re- zoning be denied. The Mayor called for members of the public to speak against the amendment with Seamus Hanley of 56 Old Lake Trail, Norman Ganong of 77 Norman Drive, appearing before Council and raising concerns with respect to the suitability of the proposed Lands for Public Purposes, increased traffic and the smaller lot sizes of the proposed development. The Mayor called for members of the public to speak in favour of the amendment with Scott Fash and Gary Vincent stating that they are in agreement with the staff recommendation. It was noted that the proposed subdivision would have homes in the $250,000.00 price range and that it would blend in with existing homes in the area. On motion of Councillor Titus 43 96 -287 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 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 located at 1515 Loch Lomond Road, having an area of approximately 15 hectares, also identified as PID number 55210413 from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential, be read a first time. Question being taken, the motion was carried with Councillors Court, Farren, Norton and Sullivan voting nay. Read a first time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." On motion of Councillor Titus Seconded by 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 located at 1515 Loch Lomond Road, having an area of approximately 15 hectares, also identified as PID number 55210413 from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential, be read a second time. Question being taken, the motion was carried with Councillors Court, Farren, Norton and Sullivan voting nay. Read a second time by title, the by -law entitled "A Law to Amend the Zoning By -Law of The City of Saint John." (La conseillere Higgins quitte la seance.) 9.2a) Projet de modification de I'Arrete de zonage visant le 1515, chemin Loch Lomond 9.2b) Rapport du Comite consultatif d'urbanisme recommandant le rejet du rezonage La greffiere communale indique que les avis requis ont ete publies en modifiant a I'annexe A, plan de zonage de The City of Saint John, le zonage d'une parcelle de terrain d'une superficie d'environ 15 hectares situee au 1515, chemin Loch Lomond et portant le NID 55210413 afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales a RS -2 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 », et que des objections par ecrit ont ete regues a cet egard. Examen d'un rapport presente par le Comite consultatif d'urbanisme accompagne d'un exemplaire du rapport du personnel d'urbanisme, etudie lors de la seance du 21 juin 2011 au cours de Iaquelle le comite a recommande que le projet de rezonage soit rejete. Le maire invite le public a se prononcer contre la modification. Seamus Hanley du 56, sentier Old Lake, et Norman Ganong du 77, promenade Norman, se presentent devant le conseil et font part de leurs inquietudes concernant la pertinence du projet d'amenagement sur les terrains d'utilite publique, I'augmentation de la circulation et les terrains de plus petite dimension dans le cadre du projet d'amenagement. Le maire invite les membres du public a exprimer leur appui quant a la modification proposee. Scott Fash et Gary Vincent se prononcent en faveur de la recommandation emise par le personnel. On precise que le Iotissement propose comprendrait des maisons d'une valeur de 250 000 $ et qu'elles s'integreraient parfaitement a celles deja presentes dans le secteur. 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 1515, chemin Loch Lomond, d'une superficie approximative de 15 hectares, inscrite .. 96 -288 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 sous le NID 55210413, afin de la faire passer de zone residentielle de banlieue — habitations unifamiliales et bifamiliales a RS -2 v a zone residentielle — habitations unifamiliales et bifamiliales « R -2 », fasse ('objet d'une premiere lecture. A ('issue du vote, la proposition est adoptee. Les conseillers Court, Farren, Norton et Sullivan votent contre la proposition. Premiere lecture par titre de 1'arr6te intitule « Arr6te modifiant I'Arr6te de zonage de The City of Saint John >). Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que 1'arr6te intitule « Arrete modifiant I'Arr6te 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 1515, chemin Loch Lomond, d'une superficie approximative de 15 hectares, inscrite sous le NID 55210413, afin de la faire passer de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone residentielle — habitations unifamiliales et bifamiliales « R -2 », fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Les conseillers Court, Farren, Norton et Sullivan votent contre la proposition. Deuxieme lecture par titre de 1'arr6te intitule « Arrete modifiant I'Arr6te de zonage de The City of Saint John » . (Councillor Higgins re- entered the meeting) 9.3(a) Proposed Zoning By -Law Amendment 2797 Loch Lomond Rd 9.3(b) Planning Advisory Committee Report Recommending Re- Zoning with Section 39 Condition. 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 located at 2797 Loch Lomond Road, having an area of approximately 48 hectares, also identified as being a portion of PID number 00326223 from "RS -1" One and Two Family suburban Residential to "RR" One Family Rural Residential, with one objection 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 June 21st 2011 meeting at which the Committee recommended the rezoning of a parcel of land located at 2797 Loch Lomond Road as described above with Section 39 Conditions. 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 Joe Mallette, Penny Forward and Mr. Gerry Roberts advising that they were in agreement with the staff recommendations. 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 located at 2797 Loch Lomond Road, having an area of approximately 48 hectares, also identified as being a portion of PID number 00326223 from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural 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." 45 96 -289 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 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 located at 2797 Loch Lomond Road, having an area of approximately 48 hectares, also identified as being a portion of PID number 00326223 from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural 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." (La conseillere Higgins se joint de nouveau a la reunion.) 9.3a) Projet de modification de I'Arrete de zonage visant le 2797, chemin Loch Lomond 9.3b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par I'article 39 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 48 hectares situee au 2797, chemin Loch Lomond, inscrite en partie sous le NID 00326223 afin de la faire passer de zone residentielle de banlieue — habitations unifamiliales et bifamiliales RS -1 » a zone residentielle rurale — habitations unifamiliales « RR », et qu'une objection a ete reque 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 Tors de la seance du 21 juin 2011, au cours de Iaquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain situee au 2797, 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 exprimer son opposition quant a la modification, mais personne ne prend la parole. Le maire invite les membres du public a exprimer leur appui quant a la modification proposee. Joe Mallette, Penny Forward et M. Gerry Roberts se prononcent en faveur des recommandations du personnel. 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 2797, chemin Loch Lomond, d'une superficie approximative de 48 hectares, inscrite en partie sous le NID 00326223, afin de la faire passer de zone residentielle de banlieue — habitations unifamiliales et bifamiliales a RS -1 » a zone residentielle rurale — habitations unifamiliales « RR », fasse ('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 2797, chemin Loch Lomond, d'une superficie approximative de 48 hectares, inscrite en partie sous le NID 00326223, afin de la faire passer de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -1 » a zone residentielle rurale — habitations unifamiliales « RR », fasse ('objet d'une deuxieme lecture. EN 96 -290 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 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 ». (Councillor Higgins withdrew from the meeting) 9.4(a) Proposed Zoning By -Law Amendment 1925 Bayside Drive 9.4(b) Planning Advisory Committee Recommending Denial of Re- Zoning 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 located at 1925 Bayside Drive, having an area of approximately 12.4 hectares, also identified as being a part of PID Number 55188353, from "RF" Rural to "PQ" Pits and Quarries. Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its June 21S`, 2011 meeting at which the Committee recommended denial of the rezoning of a parcel of land located at 1925 Bayside Drive as described above. The Mayor called for members of the public to speak against the amendment with David Griffin of Red Head Road citing concerns with the possible strain that the development would pose on the water table. The Mayor called for members of the public to speak in favour of the amendment with Scott Fash, the applicant, stating that he was not in favour of the recommendation from Planning staff or the Planning Advisory Committee. He advised that the intention of the application is to have a gravel pit that is active only for certain times during the year, noting that the property owner would like to have a site that could generate work when the his primary construction business is not busy. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that Council deny the rezoning request for a parcel of land located at 1925 Bayside Drive, having an area of approximately 12.4 hectares, also identified as being a part of PID Number 55188353, from "RF" Rural to "PQ" Pits and Quarries. Question being taken, the motion was carried. (La conseillere Higgins quitte la seance.) 9.4a) Projet de modification de I'Arrete de zonage visant le 1925, promenade Bayside 9.4b) Comite consultatif d'urbanisme recommandant le rejet du 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 vue du rezonage d'une parcelle de terrain d'une superficie d'environ 12,4 hectares situee au 1925, promenade Bayside, inscrite en partie sous le NID 55188353 afin de faire passer la classification s'y rapportant de zone rurale « RF » a zone de gravieres et de sablieres « PQ ». 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 21 juin 2011, pendant laquelle le Comite a recommande de rejeter le projet de rezonage de la parcelle de terrain situee au 1925, promenade Bayside, telle qu'elle est decrite ci- dessus. Le maire invite le public A se prononcer contre la modification. David Griffin, resident du chemin Red Head, evoque les inquietudes liees aux eventuelles repercussions du projet d'amenagement sur la nappe phreatique. Le maire invite les membres du public a exprimer leur appui quanta la modification proposee. Scott Fash, le requerant, se dit oppose a la recommandation du personnel d'urbanisme et du Comite consultatif d'urbanisme. II declare que la demande vise A ce 47 96 -291 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 2011/LE 4 JUILLET 2011 qu'une graviere soit uniquement exploit6e durant certaines p6riodes de I'ann6e et que le propri6taire souhaiterait qu'un site soit am6nag6 en vue de lui procurer du travail lorsque I'activit6 de construction est au ralenti. Proposition du conseiller Titus Appuy6e par le conseiller McGuire RESOLLI que le conseil rejette la demande de rezonage visant une parcelle de terrain d'une superficie d'environ 12,4 hectares situ6e au 1925, promenade Bayside, inscrite en partie sous le NID 55188353, voulant faire passer la classification s'y rapportant de zone rurale a RF » a zone de gravieres et de sablibres « PQ ». A I'issue du vote, la proposition est adopt6e. 9.5(a) Proposed Zoning By -Law Amendment Lands Adjacent 460 Latimore Lake Rd 9.5(b) Planning Advisory Committee Report Recommending Re- Zoning with Section 39 Conditions. 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 located adjacent to 460 Latimore Lake Road, having an area of approximately 35 hectares, also identified as being a portion of PID number 00333385, 00334599 and 00333419 from "RF" Rural to "PQ" Pits and Quarries, with written 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 June 21St, 2011 meeting at which the Committee recommended the rezoning of a parcel of land located adjacent to 460 Latimore Lake Road as described above with Section 39 Conditions. The Mayor called for members of the public to speak against the amendment with Margaret Dubee of 1313 Grandview Avenue, Richard Hachey of 1239 Latimore Lake Road, Kimberly Wilson of Latimore Lake Road, Odette McGrath of 31 Lackie Road, Stephen O'Brian of 841 Latimore Lake Road, Mr. Tim McGrath of 31 Lackie Road, Carolyn Burtin of 1089 Latimore Lake Road, Tracey Hasselman of 7 Susan Drive, and Calvin Currie of 25 Estate Drive appearing before Council. The following concerns were raised: stormwater runoff, wetland disruptions, siltation, dust, negative health impacts from pollution and dust, potential negative effects on well- water, truck traffic, safety of children and residents, noise, impacts to the on -going residential development in the area, decreased quality of life, wildlife disruption, and decreased property value for the homes in the area. The Mayor called for members of the public to speak in favour of the amendment with with Scott Fash, Steve Langille and Mike Boyle appearing before Council. Mr. Fash indicated he was in agreement with the recommendation contained in the Staff report and the Planning Advisory Committee report. He noted that the proposed extraction area has been reduced from 86 acres to 23.5 acres based on concerns expressed at a community open house held by the proponent. He added that Latimore Lake Road will be accessed via the existing driveway to the gravel pit at 460 Latimore Lake Road, and that development of the proposed pit would be occurring from west to east. It was also noted that the proponent would be extending the length of pavement on the existing access road / driveway at 460 Latimore Lake Road. Mr. Langille stated that the proposed gravel pit would help create jobs. He noted that his proposal exceeds the requirements of the Pit and Quarry by -law. He advised that he has done significant remediation work on his existing gravel pit by transforming it back to a green space. Mr. Boyle stated that he plans to eventually develop the proposed gravel pit site into a subdivision once the gravel has been extracted from the area and the lot has been leveled. Responding to a question about the permit process for pits and quarries, Ms. Poffenroth advised that the Buildings and Inspection services department issues said permit and enforces the by -law by conducting site visits. .• 96 -292 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 201 VLE 4 JUILLET 2011 Responding to a question regarding his interpretation of the submitted section 101 agreement, Mr. Nugent stated that it is an extremely restrictive provision with respect to the operation of the gravel pit. He noted that his understanding of the agreement is that at no time could the total area being excavated on either the existing gravel pit or the proposed new pit ever exceed 40 acres. Mr. Forrest stated that the staff recommendation was for Council to delay the third reading of this application until the section 101 agreement has been executed, noting staff could work out the exact details of the agreement prior to Council giving third reading to the rezoning. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that the meeting time be extended beyond 10:00 p.m. as provided for in the Procedural By -law. Question being taken, the motion was carried. On motion of Councillor Court Seconded by Councillor Mott RESOLVED that Council table 1 st and 2nd readings for the proposed zoning by -law amendment — Lands Adjacent to 460 Latimore Lake Road for 2 weeks time. Question being taken, the motion was carried with Deputy Mayor Chase and Councillor Farren voting nay. 9.5a) Projet de modification de I'Arrete de zonage visant les terrains contigus au 460, chemin Latimore Lake 9.5b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par I'article 39 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 vue du rezonage d'une parcelle de terrain d'une superficie d'environ 35 hectares contigue au 460, chemin Latimore Lake, inscrite en partie sous les NID 00333385, 00334599 et 00333419 afin de faire passer la classification s'y rapportant de zone rurale « RF » a zone de gravieres et de sablieres « PQ ». 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 Tors de la seance du 21 juin 2011, pendant Iaquelle le Comite a recommande de proceder au rezonage de la parcelle de terrain contigue au 460, chemin Latimore Lake, 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. Margaret Dubee du 1313, avenue Grandview, Richard Hachey du 1239, chemin Latimore Lake, Kimberly Wilson du chemin Latimore Lake, Odette McGrath du 31, chemin Lackie, Stephen O'Brian du 841, chemin Latimore Lake, M. Tim McGrath du 31, chemin Lackie, Carolyn Burtin du 1089, chemin Latimore Lake, Tracey Hasselman du 7, promenade Susan, et Calvin Currie du 25, promenade Estate, se presentent devant le conseil. Its font part des preoccupations suivantes : les eaux de ruissellement, la perturbation des milieux humides, 1'envasement, la poussiere, les retombees negatives de la pollution et de la poussiere sur la sante, les eventuelles repercussions negatives sur 1'eau de puits, la circulation des camions, la securite des enfants et des residents, le bruit, les consequences pour le projet continu d'amenagement residentiel ayant lieu dans le secteur, la diminution de la qualite de vie, la perturbation de la faune et la baisse de la valeur fonciere des maisons situees dans le secteur. Le maire invite les membres du public a exprimer leur appui quant a la modification proposee. Scott Fash, Steve Langille et Mike Boyle se presentent devant le conseil. M. Fash se declare en faveur de la recommandation contenue dans le rapport du personnel et it approuve le rapport du Comite consultatif d'urbanisme. II fait remarquer que I'aire d'extraction proposee est passee de 86 acres a 23,5 acres compte tenu des preoccupations soulevees lors de la journee d'accueil communautaire organisee par le requerant. II ajoute que le chemin Latimore Lake sera accessible depuis la voie d'acces actuelle menant a la graviere, soit au 460, chemin Latimore Lake. De plus, it precise que .. 96 -293 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 2011/LE 4 JUILLET 2011 le projet d'amenagement de la graviere serait mene d'ouest en est. On fait egalement remarquer que le requerant prolongerait le revetement de la route /allee d'acces actuelle situee au 460, chemin Latimore Lake. M. Langille declare que le projet relatif a la graviere permettrait de creer des emplois. II souligne que les exigences contenues dans sa proposition depassent celles de 1'arrete relatif aux carrieres et aux sablieres. II signale avoir effectue de nombreux travaux de restauration pour que sa graviere redevienne un espace vert. M. Boyle declare envisager la possibilite d'amenager le site propose pour la graviere afin d'en faire un lotissement, et ce, une fois que les graviers auront ete extraits et que le lot aura ete nivele. En reponse a une question posee au sujet du processus de delivrance des permis pour les gravieres et les sablieres, Mme Poffenroth declare que c'est suite a ('inspection des lieux que les Services d'inspection et des batiments peuvent delivrer les permis ou faire appliquer 1'arrete municipal. En reponse a une question portant sur ('interpretation de 1'entente soumise relative a I'article 101, M. Nugent declare qu'il s'agit la d'une disposition extremement restrictive relativement a 1'exploitation de la graviere. II precise que, d'apres ce qu'il comprend de 1'entente, a aucun moment la surface totale excavee, qu'il s'agisse de la graviere existante ou du projet de construction d'une nouvelle graviere, ne pourra depasser 40 acres. M. Forrest declare que la recommandation du personnel visait a ce que le conseil retarde la troisieme lecture de cette demande jusqu'a ce que 1'entente relative a I'article 101 ait ete signee. A passage, it souligne que le personnel municipal pourrait peaufiner les details de 1'entente avant que le conseil ne procede a la troisieme lecture du projet de rezonage. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que la reunion se prolonge au -dela de 22 h, conformement aux dispositions de 1'arrete procedural. A ('issue du vote, la proposition est adoptee. Proposition du conseiller Court Appuyee par le conseiller Mott RESOLU que le conseil procede aux 1 fe et 2e lectures du projet de modification de 1'arrete de zonage relativement aux terrains contigus au 460, chemin Latimore Lake, dans deux semaines. A ('issue du vote, la proposition est acceptee. Le maire suppleant Chase et le conseiller Farren votent contre la proposition. 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 12:05 a.m. 16. Levee de la seance Le maire declare que la seance est levee a 0 h 5. 50 96 -294 COMMON COUNCIL /CONSEIL COMMUNAL JULY 4, 2011/LE 4 JUILLET 2011 Mayor / maire Common Clerk / greffiere communale 51 REPORT TO COMMON COUNCIL M &C --2011 -186 July 14, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 1035 Burchill Road and 194 St. James Street West 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 applications have been received. n City of Saint John Name of Location Existing Proposed Reason Applicant Zone Zone Saint John Lands adjacent to 9-2" "PQ" To permit the Industrial Parks 1035 Burchill Road expansion of an Ltd. existing quarry site Saied Salamat 194 St. James Street "R -2" "R -4" To recognize an West existing four - family dwelling RECOMMENDATION: That Common Council schedule the public hearings for the rezoning applications of Saint John Industrial Parks Ltd. (lands adjacent to 1035 Burchill Road) and 52 M & C - 2011 -186 - 2 - July 14, 2011 Saied Salamat (194 St. James Street West) for Monday, August 29, 2011 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager 53 REPORT TO COMMON COUNCIL M & C — 2011 -182 July 13, 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Tender for Highway Salt BACKGROUND: Tenders closed on Wednesday June 29, 2011 for the establishment of a two year supply contract for the provision of highway salt for use during the winter months. The City has experienced some difficulties obtaining salt in previous winters and as a result staff of Materials Management has worked closely with staff from Municipal Operations in order to attempt in some tangible way to address some of these difficulties through the tendering process. Of significant difficulty here is the fact that there are only 2 possible sources of supply for highway salt in the region. Some of the items explored include splitting the City's requirements between "Early Season Delivery" ie before winter, and Winter Season Delivery ". The desired outcome is that the early salt would have a lower per tonne cost than that traditionally purchased during the winter. This has proven to be the case, as illustrated below. By structuring the tender in this fashion, not only will the City save a little on the cost of the product, but we will be able to fill both of our salt sheds, the existing one on McAllister Drive and the newly constructed one on Bay Street well before the winter season. ANALYSIS: Traditionally there are only two bidders that respond to this tender to establish a supply agreement and historically the same bidder, Cargill Deicing Technology wins the tender with a lower overall cost. This year both companies' submitted bids. Staff advises that the bid from Cargill Deicing Technology and The Canadian Salt Company was complete in all regards. As in previous years Cargill Deicing Technology and although higher than last year's bid, was once again considerably lower in cost than the bid submitted by The Canadian Salt Company. A summary of both submitted bids is attached for your consideration. 54 PAGE TWO FINANCIAL IMPLICATIONS: It is impossible to predict the kind of winter we can expect, therefore it is difficult to estimate the total cost of salt for the season. Staff of Municipal Operations, based on historical data has estimated that the City will need to purchase approximately 15,000 tonnes of salt for each year of this agreement. Based on that estimated consumption and using the price submitted by Cargill, it is predicted the City will spend approximately $941,550.00 in year one and $1,024,350.00 in year two to purchase highway salt. This is a planned expenditure for which funds are included in the annual operating budget. RECOMMENDATION: It is recommended that the tender from Cargill Deicing Technology, for the establishment of a two year supply agreement for highway salt as per the pricing detailed above, be accepted. Respectfully submitted; David Logan Purchasing Agent Patrick Woods Deputy City Manager 55 City of Saint John Tender Summary 2011- 561002T Highway Salt ( *) Indicates Recommendation ( *) Indicates Recommendation 56 2010 Pricing DESCRIPTION The Canadian Salt Cargill Deicing ( *) (per Tonne) Company Ltd. Technology YEAR 1 YEAR 1 YEAR 1 EARLY DELIVERY ITEM 1 - Up to November 30, 2011 Salt: $ 51.14 - Salt per Tonne $59.20 $53.64 ( *) Trucking: $ 9.25 - Trucking per Tonne $2260 $ 9.13 ( *) Total Cost per tonne $60.39 WINTER DELIVERY ITEM 2 — Dec. 01/11 TO April 30/12 Salt: $ 51.14 - Salt per Tonne $60.70 $55.39 ( *) Trucking: $ 9.25 - Trucking per Tonne $22.60 $ 9.13 ( *) Total Cost per tonne $61.39 YEAR 2 YEAR 2 YEAR 2 ITEM 3 — June 01 to Nov.30, 2012 - Salt per Tonne $60.70 $57.39 ( *) - Trucking per Tonne $23.90 $ 9.40 ( *) ITEM 4 — Dec. 01/12 TO April 30/13 - Salt per Tonne $61.50 $59.64 ( *) - Trucking per Tonne $23.90 $ 9.40 ( *) ( *) Indicates Recommendation 56 REPORT TO COMMON COUNCIL M & C — 2011 -187 15 July 2011 His Worship Ivan Court and Members of Common Council Your Worship and Councillors: vv � SUBJECT: Digital Imaging Equipment BACKGROUND: Proposals closed on Thursday, April 21, 2011 for the replacement of the 20 digital imaging machines (photocopiers) located in various departments throughout the City. The new machines will be leased using an all inclusive "Cost per Copy" charge. This leasing model sees a portion of the cost per copy charge applied by the vendor against their capital cost to supply the machines, while the remaining portion forms a maintenance agreement, which includes the cost of preventative maintenance, service calls, parts and toner. This type of financing arrangement has served the City very well over the course of the last 2 such leases. Not only does it save the need for a significant capital outlay, for equipment with a short life expectancy, but it provides the capability for departments to control their copying costs through the creation of internal management initiatives. The City currently has 29 photocopiers installed throughout various departments and agencies, which are now six years old and in need of replacement. Due to the age of the machines, some have begun to suffer down time caused by an increase in the number of service calls and delays in obtaining repair parts. This situation will only worsen as time goes on. Photocopiers now use digital technology which allows a copier to be connected to a computer network and become a multi - function imaging machine encompassing coping, printing and scanning applications and will eliminate, in some cases, the need for separate machines to copy, print and scan within a department. 57 PAGE TWO ANALYSIS: This proposal call was issued as a two phase project with phase 1 being the replacement 20 of the 29 existing copiers. Phase 2 addressed the need to allow the Police Commission time to replace their current 9 machines in the spring of 2012, at the same costs offered in Phase 1 to all other City departments. The Police Commission will continue using their current copiers until such time. Three Companies responded to the proposal call: Ricoh - Dartmouth, NS Konica Minolta — Saint John, NB Xerox Canada Ltd. — Fredericton, NB A seven member team was put in place to evaluate and rate the proposal submissions. The team consisted of staff from Materials and Fleet Management, Information Systems Services, Leisure Services and the Saint John Police Force. Proposals were evaluated on the bases of the clearly defined criteria contained in the proposal call documents. Upon completion of the initial evaluation, the team opted to short list the proposals to allow further consideration of two of the bids. Each short listed bidder was invited to provide a hands -on demonstration of the machines offered and to participate in a question and answer session. After completion of this phase of the evaluation process the team revisited the proposal submissions to make a final determination and recommendation of the proposal which best addressed all of the needs and concerns of the City of Saint John. It is the unanimous recommendation of the evaluation team that the proposal submitted by Konica Minolta be accepted. This recommendation is based on and takes into consideration the evaluation of the following areas; equipment offered, implementation, training, service and estimated annual cost. Products Offered: Prior to the actual demonstrations the committee had ranked the two short listed bidders fairly close in this area. After the demonstrations the committee found the Minolta machines had a smaller physical footprint and were faster in responding to print requests. As well they found that the finished product quality, for the 10 high end machines, was better with Minolta. RN PAGE THREE ANALYSIS CONT'D: Price: While there were a number of options contained in the proposal call, the City's preference is for the establishment of a 60 month agreement based on a cost per copy charge for a guaranteed number of copies and a reduced cost per copy charge for all copies that exceed the guaranteed amount. The proposal call stated, for the information of bidders, what the City's usage experience had been for the 12 month period prior to the bid, ie; (1,442,908 colour and non - colour copies combined). Minolta offered a guaranteed quantity of 1,170,000 (colour and non - colour combined) while the other bidder quoted a guarantee of 1,442,908 copies per year of which 274,128 must be guaranteed in colour. While it is assumed that the number of copies produced annually will grow, given the flexibility of this equipment, Minolta with the lower guarantee requirement and the lower black and white overage and colour cost, is the lowest bidder. FINANCIAL IMPLICATIONS: While various costing options were requested and submitted, Konica Minolta has offered the following pricing for a 60 month cost per copy lease, which is the lowest price bid and has been deemed by the evaluation team to be the term most favourable to the City; 0.03727 cents per black and white copy for the first 1.17 million copies, 0.0054 cents per black and white copy for any copies over 1.17 million, 0.0520 cents per copy for colour copies This price schedule, based on the previous 12 months experience, translates into the following annual total cost projection: * 1,442,908 copies of black and white or colour copies as follows: 1,174,894 black and white copies 1,170,000 @ .03727 cents (guaranteed copies = $43,605.90 * *4,894 @ .0054 cents per copy = $ 26.43 *268,014 colour copies @ .0520 $13,936.73 Total cost /yr = $57,569.06 * ** * Based on past usage * *This number is expected to grow with the added multifunction capabilities. * ** This represents an approximate 12% reduction in the current annual cost. 59 PAGE FOUR FINANCIAL IMPLICATIONS .... Cont'd; At these new unit costs, and given the actual usage numbers for 2010, this bid represents a net savings to each user department of approximately 12% from their actual 2010 costs. This is an ongoing requirement for which funds are included in the annual operating budget. RECOMMENDATION: It is recommended that Council accept the offer submitted by Konica Minolta, for the supply of digital imaging machines, as per the prices and conditions contained in their proposal for a term of 60 months and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, David J. Logan Purchasing Agent Patrick Woods City Manager A Cost Comparison - Shortlisted Bidders (All Inclusive Cost per Copy) MINOLTA 1,174,894 black and white copies 1,170,000 @ .03727 cents (guaranteed copies) _ $43,605.90 4,894 @ .0054 cents per copy = $26.43 268,014 colour copies @ .0520= $13,936.73 Total cost /yr = $57,569.06 XEROX 1,174,894 black and white copies 1,168,780 @ .03550 cents (guaranteed copies) _ $ 41,491.69 0 @ .0070 cents per copy = 274,128 colour copies @ .0724= Total cost /yr = $ 19,846.87 $ 61,338.56 Estimated annual usage: 1,442,908 copies of black and white and color combined of which 268,014 were color 61 REPORT TO COMMON COUNCIL M &C2011 -184 July 13, 2011 His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Contract No. 2011 -19: Microsurfacing - 2011 BACKGROUND 71n 47 The City of Saint John The 2011 General Fund Operating Budget for Municipal Operations & Engineering includes a provision for the microsurfacing of Westmorland Road between Consumers Drive and Ellerdale Street. Microsurfacing is a thin layer of asphalt emulsion with special aggregates applied to structurally sound asphalt surfaces to preserve and extend their service life. This surface treatment is relatively new to Saint John; it however is widely used by other municipalities and has been proven to be an effective preventative maintenance activity. This work consists generally of the supply of all necessary labour, materials and equipment for the placement of approximately 12,149 square meters of microsurfacing surface treatment including scratch coat and seal course. TENDER RESULTS Tenders closed on July 13, 2011, with the following results: Industrial Cold Milling Ltd., Moncton, N.B. $ 106,574.89 2. Moncton Construction Inc., Saint Jaques, N.B. $ 134,855.33 The Engineer's estimate for the work was $107,398.59 62 M &C2011 -184 July 13, 2011 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS This contract involves work that is to be charged to the 2011 General Fund Operating Budget. Assuming award of this contract to the low tenderer, an analysis has been completed which concluded that a total amount of $100,000.00 was provided in the General Fund Operating Budget and that the projected completion cost is estimated to be $97,547.90, including the City's eligible H.S.T. rebate — a $2,452.10 positive difference in the General Fund Operating Budget. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2011 -19: Microsurfacing - 2011, be awarded to the low tenderer, Industrial Cold Milling Ltd., at the tendered price of $106,574.89 as calculated based upon estimated quantities, and further, that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager 63 REPORT TO COMMON COUNCIL M &C2011 - 177 July 11, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Unidirectional Flushing BACKGROUND ih /IJ The City of Saint John Since 2005 Saint John Water has contracted with Aqua Data Atlantic to develop and execute a unidirectional flushing program for the City's water distribution system. Unidirectional flushing is a scientific method of planning and carrying out fire hydrant flushing to clean water pipes. The key benefit of this method is an efficient and effective use of water; additionally the information collected exposes problem areas in the system and supports plans for future improvements. Our objective, in support of safe, clean, drinking water is to fully implement unidirectional flushing in all areas of Saint John by 2012. As of October 2010, Aqua Data Atlantic has developed a model and flushed water distribution pipes in West Saint John, East Saint John and the South /Central area of the City. Currently, flushing is being carried out in West Saint John under a 5 year agreement approved by Council in 2008. Unidirectional flushing is the maintenance method of choice for the regular cleaning of water pipes and is fully endorsed by the New Brunswick Department of the Environment. PURPOSE The purpose of this report is twofold: 1. To seek Council's approval to engage Aqua Data Atlantic for the provision of unidirectional flushing services in East Saint John and the South /Central area of the City. 2. To seek Council's approval to expand the development and execution of unidirectional flushing in Saint John. The area designated for 2011 will be referred to as "Saint John North" and is that portion of the water distribution system between the Saint John M &C2011 -177 July 11, 2011 Page 2 Throughway and the intersection of Somerset St. and Millidge Ave. The attached map outlines the proposed zone for expansion in 2011. ANALYSIS Unidirectional flushing utilises specialised software to optimise flow velocities for cleaning distribution piping; yielding quantifiable results. The data collected helps to reveal the condition of the water distribution infrastructure and supports decisions made on other programs such as pipe cleaning and lining. Under this contract Aqua Data Atlantic will provide the following services: o Develop a hydraulic model for the new Saint John North zone and design the necessary flushing sequences. o Update the existing model with any changes that have taken place through maintenance or capital construction. o Produce field books for executing the flushing sequences. o Manpower and equipment to execute the flushing sequences. o Document and produce final reports on water quality, flushing times, volumes, and infrastructure. FINANCIAL IMPLICATIONS Aqua Data Atlantic has responded with quotations for their services as follows: 1. East Saint John - $ 51,950.00 2. South/Central - $ 22,450.00 3. Saint John North - $ 39,100.00 This equates to a total of $ 113,500.00 for their services which includes a onetime charge of $12,700.00 for developing the model and designing the flushing sequences in Saint John North. This program is funded through the Saint John Water Operating Budget and sufficient monies are available to cover this expenditure. Working with Aqua Data Atlantic demonstrates our commitment to ensuring that a best practice such as unidirectional flushing is a continued part of Saint John Water's annual operating procedures. 65 M &C2011 -177 July 11, 2011 Page 3 RECOMMENDATION It is recommended that the quotes from Aqua Data Atlantic be accepted for the unidirectional flushing of the water distribution system and for the expansion of the program to the Saint John North zone. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering J. Patrick Woods, CGA City Manager .. C:3 ffl] 0 t4 67 IN. ON REPORT TO COMMON COUNCIL M &C- 2011 -176 July 7, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: STREET NAMING Background 7, .A.9 city of Saint John A request was received, from the Canadian Forces, asking that the private access connecting Chesley Drive and Fort Latour Drive, around HMCS Brunswicker (see map below), be named Navy Way in honour of the Canadian Navy's 100th anniversary. M & C - 2011 - 176 - 2 - July 18, 2011 This proposed street name meets NB 9 -1 -1 guidelines; therefore Staff has no objection to this street name. RECOMMENDATION It is recommended that Common Council amend the list of Official Street Names and approve the following change: 1. Add the name vole Navy Way. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J trick Woods, CGA Manager .• Headquarters 3 Area Support Group Canadian Forces Base /Area Support Unit Gagetown PO Box 17000 Stn Forces Oromocto NB E2V 4J5 1000 -1 (Comd) From Colonel M.J. Pearson, MSC, CD v)V June 2011 Dear f-100 Quartier general 3e Groupe de soutien de secteur Base des Forces canadiennes / Unite de soutien de secteur Gagetown BP 17000 Succ Forces Oromocto NB E2V 4J5 Just a short note to inform you with regards to our efforts to officially name a previously unnamed street that runs parallel to HMCS Brunswicker in the City of Saint John. Last year, HMCS Brunswicker's Commanding Officer wrote me a letter requesting authorization to call this street "Navy Way in recognition of the Canadian Navy's Centennial anniversary. As we have discussed it is a good name and one entirely appropriate to the Port City. Also, according to Defence Department regulations I am fully authorized to take such a decision as long as the Municipal officials are in agreement. As we spoke last week, everything has been done on our side, and the request has been sent to your staff. This request must now pass through your Council and staff who, upon approving it, will also ensure the numbering and registration of the new address with 911 services is complete. I write you simply to inform yourself of the status of the request and to ensure a quick expedient staffing process. It would be an honour for me to stand next to you and the Commanding Officer of HMCS Brunswicker to officially unveil the sign before I depart for my new appointment in the USA in mid August. We have worked together on numerous initiatives in the past and have no doubt this will go as smoothly. Yours sincerely, His Worship Ivan Court Mayor of Saint John 15 Market Square PO Box 1971 Saint John NB E21, 4L ] 70 REPORT TO COMMON COUNCIL 13 July 2011 His Worship Ivan Court and Members of Common Council city of Saint John Your Worship and Councillors: SUBJECT: Responsibilities of the Saint John Development Corp. Common Council has over the previous six years adopted a series of resolutions authorizing the SJDC to pursue various aspects of the Coast Guard site acquisition on behalf of Council. A summary of these resolutions is attached. With the purchase of the Canada Coast Guard site, the efforts of the City must now focus on the re- development of the site. This in turn raises the question of the scope of authority that Council has delegated and what it wishes to delegate to the SJDC in order to secure the planned developments on this site on a timely basis. The nature and extent of assistance which the SJDC might provide the City in achieving development of the Coast Guard site will be governed by Council Resolutions which clearly identify and delineate the SJDC's role in that regard. It is therefore appropriate to clarify the mandate of the SJDC on a go- forward basis. The SJDC plays a valuable role in the ongoing development of the waterfront and has exercised a Ieadership role in the negotiations and acquisition of the Coast Guard site. Given their familiarity with the development objectives as well as their first hand knowledge of the negotiations and subsequent agreements it is beneficial for the SJDC to continue to assist the City on matters relating to the development of the Coast Guard site. Recommendation That Common Council direct the City Solicitor and City Manager to develop appropriate resolutions to clarify the mandate of the Saint John Development Corporation in order to facilitate future development of the Coast Guard site. Respectfully submitted, L v atrick Woods, CGA Y MANAGER 71 SAINT JOHN DEVELOPMENT CORPORATION L 1 L 1 CONSEIL DE DEVELOPPEMENT DE SAINT JOHN Common Council Resolutions Canadian Coast Guard Site There have been 5 occasions where Resolutions of Common Council have been associated with authorization and permission for Saint John Development Corporation to proceed with acquisition /development of the Canadian Coast Guard Site and Water Street Parking Lot property. These five occasions have been verified through Jonathan Taylor (City Clerk's Office) as the only Resolutions pertaining to the CCG site. #1 Resolution of Council: November 2005 RESOLVED that; a) endorse the recommendation of the Saint John Development Corp. for the Saint John Coast Guard Site; b) give permission for the SJ Development Corp. to negotiate an agreement with the developer, The Hardman Group c) give permission to seek an agreement with the Federal Government on the transfer of Coast Guard land at Peters' Wharf (PID Number 00011569), and buildings thereon; d) endorse a Knowledge Centre Task Force a) This was the concept plan that has since been refined, and will encounter further adjustments in the coming months b) SJDC is working to finalize negotiations, with the Hardman Group, regarding the Purchase and Sale of the "Water Street Parking Lot ". As well, with "transfer of the lands ", there is a requirement for further planning of the overall master plan for the CCG site. 72 #2 Resolution of Council: July 2006 RESOLVED that the Saint John Development Corporation be directed to pursue the objectives of the next phase as follows: "To develop and reach a mutually beneficial business and financial solution acceptable to all parties sufficient to advance the proiect to the `Construction Ready' state for Phase One. This will include resolutions on existing site conditions, securing all forms of financing, design approvals, and achieving a signed agreement with the Federal Government for acquisition of the lands." Question being taken, the motion was carried. SJDC is meeting, corresponding and dealing with Hardman and. , on a regular basis. Now that the CCG lands have been acquired, advancing the negotiations to a more dedicated productive state will quickly follow. As this unfolds, it will mean increased discussions with Ken Forrest and his team, and City Legal. As well, Urban Strategies will play a part in the design approval process for the build -out of the site. #3 Resolution of Council: October 9, 2007 RESOLVED that Common Council: (1) accept the submitted plan including the proposed negotiations framework as outlined; (2) acquire the Coast Guard propert y irrespective of the current negotiation with the Hardman Group; and (3) approve funding for the Saint John Development Corporation to hire outside expert advice (principal negotiator and legal advice), this amount not to exceed $200,000 without prior approval from Council, on the understanding that Council have some type of contingency for maintenance and the long term replacement cost of the seawall. As the CCG site is developed in parcels, costs related to designated portions of the seawall will be incorporated in the related Purchase and Sale Agreements with developer(s). Expert advice (legal and property analytical) will be necessary. A new allocation of funds will be required for these action steps. RESOLVED that the City Manager confirm with Public Works that the offer dated September 27, 2007, in the amount of $2.8 million closing December 31, 2008, has been accepted by Common Council and that the City Manager be directed to continue to negotiate any unresolved issues; and this matter be ratified in open session of Common Council when confirmation is received from Public Works. The CCG acquisition negotiations have been completed and Common Council has ratified the Purchase and Sale Agreement. 2 73 #4 Resolution of Council: October 16, 2007 RESOLVED that the resolution of the Committee of October 9, 2007 respecting the potential acquisition and development of the Coast Guard Site so- called be amended by deleting Recommendation No. 3 and replacing it with: The City shall engage a principal negotiator and the appropriate legal counsel, with such persons to work directly with the Saint John Development Corporation. SJDC has a good working relationship with City Legal and our principal negotiator /advisor (Colliers International). In past years, approxtngaWy.$150,000 was expended to Colliers to handle several aspects of the site assessment process. In the last year, Colliers was utilized to assist in preparation and participation in negotiations with the Hardman Group at a cost of approximately $45,000. Therefore, since 2006, the allocated $200,000 has essentially been expended. Going forward, expert advice will be utilized for selected property valuations and analysis regarding designated parcels of the CCG site. It may be necessary to have Council approve new funding to permit SJDC to access expert services as negotiations proceed. #5 Resolution of Council: April 28, 2008 RESOLVED that as recommended by the City Solicitor C &W Realty Advisors Inc., carrying a business under the firm name and style of Colliers International (Atlantic) Realty Advisors, be retained as the real estate consulting group to assist in the structuring of a deal with the Hardman Group, including the financial arrangement and the development agreement of the redevelopment of the Saint John Coast Guard Site and that the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. Discussion Points: Although City Management and Common Council have directed and authorized Saint John Development Corporation to handle the development matters at the Canadian Coast Guard site it is SJDC's opinion that additional clarification is necessary to ensure consistency and determining permission to proceed, for example; 1. The Resolution of Council dated July 2006 indicates direction regarding Phase One. Through time, the CCG Phased development has altered with SJDC discussing and negotiating for all Phases — a resolution to include the entire site development may be more advantageous and appropriate. 74 2. The previous Resolutions did not authorize SJDC to proceed with negotiations with DFO, PWGSC and other tenants in relation to leasing /selling arrangements regarding on -site buildings. 3. The Resolution of Council dated October 16, 2007 indicates responsibility for acquisition and development of the CCG site. SJDC believes this includes the entire site. Clarification is required. 4. SJDC fully understands the nuances and complex details of property management; SJDC would like direction and authority to provide property managements services, if /when required. 2 75 REPORT TO COMMON COUNCIL ►fT[:?��r.01110 F.R. July 14, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Easement Acquisition for Municipal Storm and Sanitary Sewer Lines - 130 River Hill Drive BACKGROUND: As part of the City's 2011 Capital Budget, Municipal Operations has targeted a number of new storm pipe lines and replacement of existing sanitary sewer pipes that are to be installed in the Milford area. The Milford sanitary system is overburdened with combined storm and sanitary sewer. This project will assist in splitting the combined sewers into separate pipe lines, therefore reducing the flooding in this area. City of Saint John One project involves running new storm and sanitary pipes beginning at the Saint John River off Greenhead Road and running them along the northerly side of the Denis Morris Community Centre. Easements from four different property owners will be necessary for this specific pipe installation; this report to Council is for their consideration of one of the four required for this project. Two other Agreements were adopted by Council at its July 4'h,2011 meeting. It is expected the last remaining easement required for this project will be forthcoming in short order. The following recommendation will secure the necessary easement. RECOMMENDATION: 1. That The City of Saint John acquire an Easement for Municipal Services in and through the lands at civic #130 River Hill Drive, as per the attached Agreement of Purchase and Sale, and as illustrated on the attached Easement Sketch, titled "Milford Drainage Basin Stormwater System Improvements "; and 2. Authorize the Mayor and Common Clerk to sign any document(s) necessary to finalize this transaction. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development Attachments 76 J. Patrick Woods, C.G.A. City Manager �o 77 The Purchaser agrees tn purchase fromtheVendprandthe Vendor agrees to sell 1othe Purchaser an easement for municipal services in and through the Vendor's lands bearing PID# 405969 as hereinafter set out upon the following terms and conditions: _ Vendor: George Dennis Cormier 130 River Hill Drive Saint John, NB E2M 4T7 Purchaser THE CITY (JF SAINT JOHN P.O. Box 197I 15 Market Square Saint John, N8 E2L41_1 Attention: Common Clerk Premises: An Easement for Municipal Services in and through a parcel of land identified as PID # 405969 (civic address 130 River Hill Drive), comprising 122 square metres +/- asshown on a drawing titled "MILFORD DRAINAGE BASIN STORMVVATER SYSTEM IMPROVEMENTS PROPQPSED EASEMENT (hereinafter called the "Lands"), e photo-reduced copy of said drawing is attached hereto as Schedule "A". Purchase Price: $G1O.00+ HST ifapplicable Early Access Fee + HST ifapplicable Deposit: $2OO.O0 payable upon the adoption of the Common Council Resolution Balance: $61O.00+ HST if applicable payable onClosing Closing Date: on or before October 31, 2011. 1. The Purchaser shall acquire from the Vendor on easement and rights at the cost risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Lands with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground water mains orpipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, promptly restoring an far as is practical the surface of the Lands to the same conditions as it was prior to the commencement nfthe work or excavation, together with the right by action or otherwise et any time to. enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Lands any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle. 0 Agreement m Purchase and Sale George Dennis Cormier and The City mSaint John 2. The Purchaser may examine the title to the Lands at its own expense until closing. if within that time any valid objection to the title 0o the Lands is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or damages. 3. In the event that the Vendor's title in encumbered, and the determination that any encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor shall obtain from each encunnbrancera Postponement, in reQsUerab|e form, of such encumbrance to the Purchaser's easement provided that the Purchaser shall reimburse the Vendor for all administration (including appraisal) fees required by each encumbrancer to give the Postponement. 4. U\ The Purchaser shall prepare at its cost any Plan of Survey required 0m effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor upto$5UO.00for legal fees (including HST) expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for all administration (including appraisal) fees required by the mortgagee (if applicable) to postpone the mortgage, and (iv) The Purchaser shall pay for registration and filing fees at SNB for the plan, Grant of Easement and Postponement. S. If the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunder shall be forfeited to the Vendor by way of liquidated damages and the Vendor shall have no further recourse. 6. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on August 3, 2011 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 7. The Purchaser, by its authorized representatives, with such equipment as may be necessary, have a right of access to, in and upon the Lands at any time provided such right is exercised with as |h1|e disturbance as possible 10 the Vendor and does not unduly interfere with the Vendor's use of the Lands at such time and for such purposes hereinafter set out: 79 Z Agreement v, Purchase and Sale George Dennis Cormier and The City m Saint John (a) the right of access is to allow the Purchaser to install municipal works on the Lando; /b\ the right of access to, in and upon the Lands shall terminate at 11:59 p.m., local time, nn the 31stof October, 2U11; /d any entry to and upon the Lands shall require twenty-four (24) hours prior notice to the Vendor; (d) any entry by or on behalf ofthe Purchaser shall be at its risk, cost and expense and the Purchaser shall make good any and all damage caused to the Lands; /e\ the Purchaser, for itself and its authorized representatives, hereby indemnifies and saves harmless the Vendor from and against all matters arising by reason of the exercise by the Purchaser or by its authorized representatives of the rights given by this right of access. 8. This Agreement shall be binding upon the parties hereto, their respective heirs, executors, administrators, successors �!Ad-etsstris—, I%ZS WHEREOF the Vendor has this _____ day of_ 00 AND the Purchaser has caused these presents to be executed this day of Mayor Common Clerk Common Council Resolution: 91 DRAWN: JOB No.: KMJ MILFORD DRAINAGE BASIN STORMWATER SYSTEM IMPROVEMENTS PROPOSED EASEMENT SKETCH 130 RIVER HILL DRIVE M & C —2011 -180 July 15, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Thorne Ave Lift Station #4 Project - Easement Requirement PID 55027759 On September 26, 2006 Common Council accepted funding from the Municipal Rural Infrastructure Program (MRIP) for Harbour Cleanup and entered into an agreement for the funding. On April 14, 2008 Common Council resolved that the City Manager be directed to proceed to negotiate the acquisition by agreement, of all land interests required in connection with the proposed Lift Station #4, associated force mains and gravity sewers to a maximum of 125 per cent of the appraised value. Pursuant to this resolution, negotiations with the various affected land owners were initiated towards acquisition by agreement of all land interests so required by the City of Saint John. Staff have, subject to Common Council approval, successfully negotiated an agreement with G.M.G. Investments Ltd. and 503602 NB Inc for the City's purchase of the required easement through PID 55027759. deStetcher Appraisals Ltd. determined the market value of the easement requirement to be $3,506.00. The negotiated price for the easement is $4,382.00, being 125% of the appraised value. The Agreement of Purchase and Sale document also includes a provision whereby the City can have early access to the lands, such that the construction work can be completed during the 2011 construction season. The cost for this early access is $600.00: the same fee paid for the same rights for a number of other recent transactions in 2010 for the Westfield Road Reconstruction Project. M Therefore the total price for both the required easement and the early access rights is $4,982.00 + HST (if applicable) RECOMMENDATION: 1. That The City acquire from G.M.G. Investments Ltd. and 503602 NB Inc. an easement for municipal services in and through PID# 55027759 together with a right of early access for $4,982.00 (plus HST if applicable) upon the terms and conditions set out in the Agreement of Purchase and Sale document attached to M &C 2011 - 180; and 2. That the Mayor and Common Clerk be authorized to sign all necessary documents. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, C.G.A. City Manager PW /P attachments W Description of Plan: 61 Marsh Street (Munro Electronics) area N PTD: 55027759 PAN: 01637973 Date: 13 July, 2011 AGREEMENT OF PURCHASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser an easement for municipal services in and through the Vendor's Lands PID# 55027759 as hereinafter set out upon the following terms and conditions: Vendor: G.M.G. INVESTMENTS LTD. and 503602 NB INC P.O Box 604 Saint John, NB E2L 4A5 Attention: Michael O'Brien Purchaser: THE CITY OF SAINT JOHN P.O. Box 1971 15 Market Square Saint John, NB E2L 41.1 Attention: Common Clerk Premises: Easement in and through PID 55027759 comprising 183 sq. m. +/- Designated as Easement "D" on a Plan of Survey Dwg. No. S071311`1 prepared by Hughes Surveys and Consultants Inc., hereinafter called the Real Property. (Photo- reduced copy of said plan attached hereto) Purchase Price: $4,382.00 + HST if applicable Early Access: $600.00 Total: $4,982.00 Deposit: $1,982.00 payable upon adoption of Common Council Resolution Balance: $3,000.00 on closing Closing Date: On or before September 29, 2011. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Real Property with machinery, materials, vehicles and equipment and to construct, alter, maintain, inspect and repair underground water mains or pipelines, storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, promptly restoring as far as is practical the surface of the Real Property to the same conditions as it was prior to the commencement of the work or excavation, together with the right by action or otherwise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the Real Property any building, structure or other obstacle which could impair the free and full use of the easement or permitting the erection or location thereon of any such building, structure or other obstacle. 1 Agreement of Purchase and Sale G.M.G. Investments Ltd. & 503602 N8 Inc. and The City of Saint John 2. The Purchaser may examine the title to the Real Property at its own expense until the Closing Date. If within that time any valid objection to the title to the Real Property is made in writing by the Purchaser to the Vendor which the Vendor shall be unable or unwilling to remove within twenty (20) days of notification of such objection or objections and which the Purchaser will not waive, this agreement shall, notwithstanding any intermediate acts or negotiations in respect of such objections, be null and void and any deposit shall be returned by the Vendor without interest and the Vendor shall not be liable for any costs or damages_ Save as to any valid objection so made within such time, the Purchaser shall be conclusively deemed to have accepted the title of the Vendor to the Real Property. 3. (1) The Purchaser shall prepare at its cost any Plan of Survey required to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $500.00 for legal fees expended by the Vendor to finalize this conveyance; and (iii) The Purchaser shall pay for all administration (including appraisal) fees required by the mortgagee (if applicable) because the Purchaser requires the Postponement; and (iv) The Purchaser shall pay for registration & filing fees at SNB, if applicable, for the plan, and the Postponement. 4. The Vendor shall provide, in registrable form, all postponements of any encumbrances as required by the Purchaser. 5. If the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunto shall be forfeited to the Vendor by way of liquidated damages and the Vendor shall have no further or other recourse. 6. This offer shall be irrevocable by the Vendor until 4:00 p.m. local time on August 05, 2011 and upon acceptance by the Purchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto. 7. This offer when accepted shall be read with all changes of gender or number required by the context shall be binding upon the parties hereto, their respective heirs, executors, administrators, and assigns, and time shall in all respects be of the essence hereof. 8. AND FURTHER, the parties agree that, upon acceptance by the Purchaser, the Purchaser, by its authorized representatives, and with such equipment as may be necessary has a right of access to, in and upon the Real Property at any time provided such right is exercised with as little disturbance as possible to the Vendor and the Tenant for such purposes and pursuant to the terms hereinafter set out: a) The right of access is to allow the Purchaser to make improvements to the City of Saint John sewerage system; b) Any entry to, in and upon the Real Property shall require 14 days prior written notice to the 2 :• Agreement of Purchase and Sale G. M.G. Investments Ltd. & 503602 NB Inc. and The City of Saint John Vendor; c) Any entry by or on behalf of the Purchaser shall be at its risk, cost and expense; d) The Purchaser for itself and its authorized representatives hereby indemnifies and saves harmless the Vendor from and against all matters arising by reason of the Purchaser exercising its right of access granted herein. In witness whereof, the Vendor has caused these presents to be executed this day of July, 2011. G.M.G. INVESTMENTS LTD. Per: Vendor Please sign and affix corporate seal 503602 NB INC. Per: Vendor Please sign and affix corporate seal And the Purchaser has caused these presents to be executed this day of 2011. THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 3 I! , s • 7 30 100 7 7® 1 SURVEY a 3 Key Plan 5ww •15AN a ' Resi.tro6on Data ~ w $ P frwnw Sgt 2 V3 t b V.LL till U Pt Finav �UWM 11 R.S. wG z r D.c V. 1s" . 5634M k/ bola rf t ) Ob.cf.s _ N 4 6rLM t- ab-.H. w M RL swop& W4L 3814. 3647. 22M rd.26 . C - oc A �- {b..46 - MAD63 CM P4t.6Irr Ww d kA M.a U141) J U 11 2) IN /.!.now N w ,MFG . 1. --t w Inwb br 0.1046 . 3) A- d .4..q ...1•..98 0... Pwk* -.1 M4o...dwa ♦ t .w rr w ..- a4.b7 Dr S dt 4098 Cwy . 6 MY ."W w AFK A 2004D e: . sd cbwdhctw vh r w tl/s Pa 5036D2 503602 N.D- Ire. 1 ` e. IMDn{ISns)�"6ry6dd w d.4 D"" P••fK�^ .w 1 N.B. Inc. Properly t ct °b, M.. , R.L -756.n Property wr_ 412113 1 Dec. 4t2tt3 IIpL rr75 P9. 521 vd. 1873 Pq. 321 R44. D.c 11. tM PAD. 000100!2 d -L„ 0� 11, I6M a. A.-" aY b• ... Fib 25 M.. n Unilrereat Sales psi Lim x M. ,.. Limited Property -� rrM a Dx !46407 1k1. 1270 Po- n Easement R.y JP 15. 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Smul 2007 • ........ ........0 c `' q, R.. �.1 REPORT TO COMMON COUNCIL ce!r qt 15 July 2011 City of Saint John His Worship Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Organizational Re- Alignment The City of Saint John operates in a dynamic economic, political and legislative environment. We must contend with several challenges including demanding fiscal realities, a changing legislative landscape and we must respond effectively to the ever evolving service expectations of our citizens. Our organization is also facing an unprecedented number of retirements in the next few years which brings with it the loss of corporate knowledge and the need to attract qualified individuals to the organization. The organizational structure of the City must be positioned to be able to respond effectively to these challenges, meet the service expectations of our citizens and take advantage of new opportunities as they occur. The current organizational structure reflects a lengthy period of incremental change (Appendix A). While the changes were designed to achieve specific purposes the organization as a whole is no longer established around clearly established objectives. The Purpose The City of Saint John engaged Knightsbridge Robertson Surrette to work with a project team to assess the current structure and to recommend a structure that supports our goal of establishing the City of Saint John as a service based, results oriented, high performance public service organization. Building a high performance organization means being responsive to the needs of our citizens in both an efficient and effective manner. In practice, it also means being resource conscious and accountable for results. The Current Gaps The structural review identified several gaps with the current structure including; • Work is not organized consistent with how citizens expect to receive services • Difficulty in meeting service expectations because work processes and communications cross functional organizational silos • Inconsistent service levels where several groups maintain city properties, enforce by -laws, interact with citizens • Unbalanced distribution of work and resources across departments • Too many direct reports to the City Manager • Hierarchical decision making slows decisions and dilutes accountability • Decisions tend to be tactical rather than strategic • Insufficient policy planning and intergovernmental affairs support • Accountability of the ABCs to the City is unclear The consultant's review considered various approaches to re- aligning the organization to address these gaps and to achieve the established goal of creating a high performance organization. Internal and external interviews were undertaken and current practices in 13 other communities were considered. The preferred model is designed to achieve the stated objective, within available resources and to provide stability for a reasonable multi -year period. Minor amendments to the proposed model (e.g. by -law enforcement) were made to ensure successful implementation. The Recommended Model The recommended new service based organizational model (Appendix B) establishes; • Four service based organization units — growth and development, urban environment, transportation and environment, and Saint John Water — each of which are citizen facing • Two enabling organization units — strategic services (human resources, corporate planning, communications and information technology systems) and financial /administrative services (finance, asset management) — each of which provide internal support services The Features The new structure builds on the results of the Community Vision report, the Integrated Sustainability Plan, the City's strategic plan, the Plan SJ process and positions the City to achieve Council's priorities. Some noteworthy features include; • Groups the related growth and development functions to create a one stop shop for development related matters • Includes support for economic development activities to provide better coordination and alignment with City objectives • Creates an explicit responsibility for developing the City's urban environment by establishing a department focused on creating a safe, livable community. • Brings together front door services for roads, sidewalks, drainage, and green spaces in one department allowing us to better respond to citizen needs and better allocate resources • Establishes a stand -alone water utility to ensure clear accountability and a • responsibility for harbour clean -up /clean water and links rates to services received • Links all asset management functions (cash, payroll, buildings, fleet, inventories etc) in one department to better ensure that they are protected and managed in an effective and efficient manner • Introduces a strategic services support group that addresses the policy, planning, human resource, information technology and communication needs of the organization in a coordinated and forward looking manner • Creates a dedicated role for intergovernmental affairs to focus the City's efforts on policy, legislative and financial matters with the other levels of government The new structure will also be reinforced by establishing four key cross departmental /multi - disciplinary service delivery working groups; • Budget Working Group • Property Management Working Group • By -Law Enforcement Working Group • Infrastructure Development Working Group The establishment of these groups will improve cross - departmental communication, optimize the use of available resources, and enhance the coordination of functions across the organization. The formal creation of the working groups will also serve to counteract any tendency towards the creation of departmental silos. ABCs The recommended model also `provides an opportunity to align the City's ABCs and various committees (Appendix C) with specific organizational units.' This positioning sets the stage for better communication, improved accountability, enhanced strategic alignment and ultimately better service outcomes for our citizens. The Benefits The new structure offers several advantages; • Addresses key Council priorities • Service Based Organization — organized around the way citizens approach the City for services • Groups Work by Services — more effective coordination and communication will lead to improved service delivery • Provides flexibility to assign staff to better meet service expectations and increase utilization • Allows for better allocation of resources to meet service objectives • Provides clarity around roles and responsibilities • Creates a flatter structure with a strategically focused leadership team • Better supports proactive long -term planning • Creates more leadership, succession and development opportunities • Fewer direct reports to City Manager allows City Manager to better focus on interacting with external stakeholders and other levels of government 91 • Model is sustainable over a multi -year period • Accountability for service results is clearly aligned in the organization • Supports building relationships between the City and the various ABCs to ensure alignment of priorities and strategic direction • Provides better management of assets and a more strategic decision making approach to service delivery Starting Point It should be recognized that the proposed structure will not in itself address all the organizational issues that have been identified. The benefits of the reorganization will only be fully realized by putting the right people in the right positions to accomplish the right things. Staff have now completed the development of job profiles for the senior positions in the new organizational structure that define the scope of the authority that each position will exercise and in effect establishes clear accountability for outcomes. Six Commissioner level positions have been identified (Appendix DI -D6) each with specific roles and responsibilities. The core competencies for each of the positions are also set out in the profiles. These are strategic leadership positions that require appointment by Common Council. It is anticipated that recommendations for appointment to several of the positions will be forthcoming shortly. Cost Analysis Staff prepared a detailed analysis of the cost impact of the proposed realignment using different hiring assumptions. The lowest cost alternative arises if the senior positions identified are filled mainly from within the organization and shows a projected saving of approximately $150,000 annually. Filling key positions externally would result in an annual cost savings of approximately $20,000. The reality is that the actual cost/savings will fall somewhere within that range depending on the outcome of the hiring process. There is merit to internal reassignment as it creates new opportunities for existing employees. Alternatively, the organization also benefits by bringing in new leaders with new ideas and perspectives. There is no benefit to assigning positions to individuals who do not have the requisite experience and skills to be successful. Priorities Structure alone leads nowhere. The attached list of priorities will serve as key initiatives for each of the new departments while operating within a service based environment. Clearly established priorities will assist in setting the direction of the individual departments, ensure that Council priorities are being addressed, establish a base for measuring outcomes and allow the organization to operate with a common sense of purpose. 92 Next Steps With the pending appointment of the Commissioner positions the actual implementation of the new organizational structure will be initiated over the next 6 -8 months. Each appointee will be tasked with creating a personal development plan and a service improvement plan for their respective departments. Certain departments will also be required to develop `Service Accountability Agreements' with key ABCs to ensure de -facto alignment with City priorities, establish meaningful performance metrics and demonstrate value for money. The City will also be transitioning to a Service Based Budget approach for the 2012 budget year. This new approach will also serve to support the new service based organizational approach by linking resources to outcomes, encouraging a better allocation of resources and ultimately more informed decision making. Conclusion The re- alignment of the organizational structure builds on the work of the Community Vision process and will focus the organization on achieving a clearly identified objective — establishing the City of Saint John as a service based, results oriented high performance public service organization. The new structure will support the delivery of Common Council's objectives and serve as a building block for additional initiatives designed to improve decision making, enhance accountability and ensure that services meet taxpayers expectations in an efficient and cost effective manner. Recommendation That Common Council approve the new service based organizational structure as shown in Appendix B and further, That Common Council approve the attached job descriptions (D -1 to D -6) for each of the Commissioner of Growth and Development Services, Commissioner of Finance and Administrative Services, Commissioner of Strategic Services, Commissioner of Urban Environment Services and Commissioner of Saint John Water. Respectfully submitted, atrick Woods, CGA CITY MANAGER 93 Conmcis ;HYY ArfrN ACU;nrst --� I nirlo/:tMce L A511tfM Rr¢otds Narmalian rannnr Ckvk Mlnagar MiriHlptin'OtG{at council I� Man ger II Ceputr Clry mW41.r (rrmll,lu�er. :umms.uner trffwrca aupth,gsE l:Ipsctlms fcrpid(cr QaprNCartmiultrcr, eUnonal g n1j C1ipB G F,HHnPnrg Pncdtici hmaIgt COmpJLnlr 1JlAat /IiJ!(41j (7raution,J Ircptttur lei,n,:al RUVINrtaditr. Snrvlcee frylneN IAZi¢cr INOIeIiNYI 6ilGryi tdNtenlnoc Menil M—gei Enerm Grficn [--A1mni:{iaUK Maru(tt Drojecr h,sna. 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CIJrr ` HYrUa PRGOY(lit t G¢Pl:A Cc— Llwn¢r Wri 3 c L'slillti I 1 1 mafalustift rb OwabprrJru {.e Chse' 1 { artlOcv¢FYlmv,t i�ll0ilr T —t Otltkt CIvN(0J 1 1 cumin liWWCec admiwl mr G—Ptl PU rls utns (5 rarmrtl � 1 1 tM»iger rtEirillH r�4�' aJAncn:l CF.ef Trir.rgdrroliitlaNl 1 1 j MBntrM(kgmitahcrl E40LV.crcss lMStrvCR Pim¢r DcNeicpn¢nt i i cIN,.B¢r I 4ala& GIS tksiridWe{ S {ecnl CPertilans 1 1 Masyer gietif DNky srtafbn Managc 1 1 r Mrae{Dr SN'A:es P:.ai kSlie nurnuawet Prexntl¢R 1 1 t I Music, gairl,l(5:t nan4nCatarGrcupB MarwL'> INruLy�ltvirBSek:r 1 I 1 ta,lrM nvwnce 4eJ icria amcwc;7S ldiinl3Vehe 011ic¢r 1 1 Fuman leswM15 Azlma r>tci .11 1 li Pcathnt) 1 IsrvQr mean I neeiry{ Wrxlx 1 I i Fngna¢r Sim) MM)g4r I I DAIDtlreAiuss � uYr,KIP= f In8lneer •d Gtv YYHltor r SGlrnn5 11 Dc:itipai apniNCtrAlw Asslit t 1bnllFl F WI; mat #1Uc MSig¢mct T htantjv rlmtAlmn6Veam tAln:bvr F4.et Malrtrnrsrr City of Saint John Service Alignment Growth & Planning Neighbourhood Roadway Drinking Financial Management Human Resources Services Improvement Maintenance . Water Permitting & Recreation and Sidewalk Industrial Pension Corporate Inspection Services Cultural Programming Maintenance Water Administration Planning Development Fire and Rescue Pedestrian and Traffic Asset Intergovernmental Support Services Management Wastewater Management Affairs r Geographic Emergency Stormwater Utility Business Corporate Information Systems Management Management Management Communications Solid Waste Water & Sanitary Information Technology Collection Engineering Systems Transportation & Envir- onment Engineering Parks and Public Spaces July 14, 2011 OR Service Area Mandates —July 12, 2011 The Growth and Development Services team delivers services that support the community in achieving its long- term vision of having a diverse, vibrant, resilient, and environmentally sound economy. Services include providing guidance, direction and support for development that enhances quality of life for our residents by working to create new and renewed places where people want to live, work and invest. The Urban Environment Services team delivers services that support the community in achieving its long -term vision of being a safe, livable community where people have a sense of belonging. Services are delivered to help improve the quality of life and social well -being of all citizens with a focus on creating safe neighbourhoods that provide opportunities for individuals to develop and grow together through recreation, cultural and leisure activities and community involvement. The Transportation and Environment Services team delivers services that support the community in achieving its long -term vision and goal of creating a green, attractive city where people can get around safely and easily. Services are delivered to provide an evolving array of convenient, comfortable, affordable and efficient modes of transportation. Services also focus on protecting our natural environment with the maintenance of outstanding parks, green and other public spaces, while promoting a shared commitment to environmental stewardship and keeping Saint John clean. The Saint John Water team delivers services that support the community in achieving its long -term vision and goal for clean, safe drinking water. Services are delivered to enhance the quality of drinking water and protect the natural environment with the treatment of wastewater. The Finance and Administrative Services team enables the delivery of municipal services that are effective and efficient in meeting the needs of our community. Service delivery focuses on responsible financial management and sustainable life -cycle management of the City's physical assets (including fleet, facilities, real estate, purchasing and materials management). The Strategic Services team supports the organization in responding to the constant changes in our environment, economy and society. Organization and service goals are achieved by employing a strategic approach to effective communication; facilitating collaborative service delivery planning and policy development that engages the public in the decision - making process; managing relationships with other levels of government, communities and organizations; maximizing the use of information technology to support continuous improvement of service delivery; and building a high performance public service. Recommended Organization Model: ABC Alignment Uroan Emrrwrrwot Trwmpwawn d • .NN•.12::. &I III I, swwwsa. 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As a member of the team, ensure the collaborative and collective management of the organization by promoting change and innovation, fostering a culture around providing quality customer service, achieving results efficiently, building high performance teams, and enabling others to act. As the Commissioner of the Growth and Development Services team, provide strategic leadership in nurturing a positive, productive and collegial workplace focused on service excellence. This is accomplished by promoting the skills, coaching, mentoring and collaborative leadership required to inspire employees and produce a unified effort in quality service to our customers (public and internal). The Growth and Development Services team delivers services that support the community in achieving its long- term vision of having a diverse, vibrant, resilient, and environmentally sound economy. Services include providing guidance, direction and support for development that enhances quality of life for our residents by working to create new and renewed places where people want to live, work and invest. Key Result Areas As a member of the senior management team, enhance the ability of the City of Saint John to fulfill its service mandates; working collaboratively across the organization to ensure service delivery continues to address the needs of the community and is efficient. • Consider Council's priorities in recommending corporate strategic priorities and directions for the organization; evaluating the extent to which progress is being made to ensure service delivery is customer focused and resource conscious, • Ensure that Common Council, through the City Manager, is provided with professional advice and options concerning emerging issues and policies to achieve their priorities. • Review all major corporate initiatives, policy changes, and changes to service delivery to ensure Common Council's priorities and corporate objectives can be achieved. • Endorse and provide leadership in the implementation of major organizational policy changes and other key initiatives; effectively communicating opportunities and issues impacting the organization across all service delivery areas. • Champion a service -based approach to the operating and capital budget process that incorporates long- term planning and measurement of outcomes to assist Council in making policy decisions about service offerings. • Strengthen ties between the Corporation, the City's agencies, boards and commissions (ABCs) and other organizations that share a commitment to the sustainable development of Saint John and the delivery of quality public service; ensuring there is alignment between the activities of these organizations and Council's priorities. • Strategically build organizational capacity to achieve corporate objectives through analysis, coordination, and innovation. Commissioner, Growth and Devefopment Position Profile (July 8, 2011) • Encourage personal and professional development activities that foster a culture of collaboration and creativity; focusing on building relationships across the organization, external agencies (including ABCs), other levels of government, and the public in support of a positive, productive and collegial workforce. As the Commissioner of Growth and Development, build, lead and manage teams of professional, technical and administrative employees who deliver service in the areas of growth and community planning, permitting and inspection, and development support. • Foster a commitment to quality customer service in the delivery of municipal services; ensuring courteous, knowledgeable, and responsive interactions with citizens that help to demonstrate the value of public investments (tax dollars) into the community. • Provide balanced direction and attention to all areas of responsibility within the organization unit. • Promote a collaborative and coordinated approach to service delivery, working with service areas across the organization as required, to more effectively and efficiently achieve community and organizational goals. • Fulfill regulatory requirements of the position in accordance with all relevant legislation. • Ensure service objectives, policies and systems are aligned to efficiently address community needs. • Act as the lead contact with the City's relevant agencies, boards and commissions to coordinate strategic direction and service activities. • Approve the annual work plan for each service area in accordance with Council's Priorities and corporate strategic objectives; ensuring services can be delivered effectively within available resources. • Demonstrate accountability for service results by ensuring clear outcomes for service delivery are established, performance is measured and publically reported, and service improvement strategies are implemented. • Establish a comprehensive policy planning framework for Saint John that will guide the development and integration of community planning policies (inclusive of land -use, transportation, recreation and infrastructure planning). • Lead an aggressive planning policy program that strives to build strong and vibrant communities that considers the implications of a wide range of social, economic, physical and environmental issues; balancing the historic character of the community with future needs; constructing safe, accessible buildings and municipal infrastructure; and supporting diverse recreation opportunities. • Develop plans, policies and services that support land development, use and growth management in support of the community's long -term vision and goals for Saint John. • Manage future growth and change on a city wide basis by ensuring development processes support the City's planning policies and can be efficiently and consistently applied. • Establish linkages with the City's budget to ensure municipal investment supports the long term objectives of the City's municipal plan. Commissioner, Growth and Development Position Profile (July 8, 2011) •• • Ensure permitting and inspection processes are developed to confirm that building environments are safe and healthy for occupancy and proposed use; making sure standards identified in codes and related by- laws are applied consistently. • Ensure municipal infrastructure investments and servicing requirements for sustainable development is in accordance with community and neighbourhood plans, strategic direction and policies of the City of Saint John, Provincial regulations and sound engineering standards. • Provide advice and support to the development and business community that will help foster growth; supporting the economic viability of the community. Service Areas of Responsibility • Growth and Planning (policy and current planning (including land -use, transportation, recreation and infrastructure), heritage conservation, and development engineering) • Permitting and Inspection (permitting and inspection, by -law enforcement) • Development Support • Geographical Information Systems (GIS) Essential Qualifications Certification: The incumbent should possess an appropriate professional designation or certification that will add value to the strategic nature of the position and meets essential legislative requirements. Experience: A minimum of ten years of progressively responsible and relevant experience in government or a large corporation is essential. Education: A university degree, preferable at the graduate level (i.e., Masters degree), in a related discipline is required. Competencies As a member of the strategic leadership team the incumbent must demonstrative the following competencies: Strategic Leadership: Developing and inspiring commitment to a vision of success; supporting, promoting and ensuring alignment with the organization's vision and values. More specifically, the incumbent provides leadership in the development of the vision and strategic objectives for the organization and aligns change initiatives with organizational values. Customer - Focus: Identifying and responding to current and future public needs; providing service excellence to both internal and external customers. More specifically, champions a strategic direction of being a customer - focused organization. Commissioner, Growth and Development Position Profile (July 8, 2011) 100 Accountability: Understanding scope and responsibility in the delivery of public service. More specifically, charts the future direction of major components of municipal service and ensures alignment with strategic directions set by Common Council as well as stewardship of the best long term interests of the community. Collaboration: Building working relationships with others (including internal and external) to achieve common goals and positive results. More specifically, the incumbent facilitates collaboration across the organization and with other organizations. Innovation: Questioning status quo, exploring alternatives and responding to challenges with creativity using intuition, experimentation and fresh perspectives. This involves encouraging leadership and fostering creativity in others. More specifically, develops an environment that nurtures creative thinking, questioning and experimentation. Results- Orientation: Focusing personal and team efforts on achieving results consistent with the organization's strategic objectives. Communication: Listening to others and communicating in an effective manner that fosters open communication within the service stream and across the organization to foster a collaborative and productive workplace. More specifically, the incumbent communicates strategically to achieve specific objectives. Influence: Gaining support from and convincing others to advance the objectives of the organization. More specifically, the incumbent designs strategies that position and promote ideas and concepts to stakeholders. Developing Others: Providing a supportive environment for enhanced performance and professional growth to foster the development of others. More specifically, the incumbent creates a continuous learning environment ensuring there are opportunities for growth and development. Commissioner, Growth and Development Position Profile (July 8, 2011) 101 Commissioner, Urban Environment Services Scope of Work As a member of the senior management team reporting directly to the City Manager, strategically lead the organization in being a high performance public service — one that is service- based, customer focused and resource conscious, and accountable. As a member of the team, ensure the collaborative and collective management of the organization by promoting change and innovation, fostering a culture around providing quality customer service, achieving results efficiently, building high performance teams, and enabling others to act. As the Commissioner of the Urban Environment Services team, provide strategic leadership in nurturing a positive, productive and collegial workplace focused on service excellence. This is accomplished by promoting the skills, coaching, mentoring and collaborative leadership required to inspire employees and produce a unified effort in quality service to our customers (public and internal). The Urban Environment Services team delivers services that support the community in achieving its long -term vision of being a safe, livable community where people have a sense of belonging. Services are delivered to help improve the quality of life and social well -being of all citizens with a focus on creating safe neighbourhoods that provide opportunities for individuals to develop and grow together through recreation, cultural and leisure activities and community involvement. Key Result Areas As a member of the senior management team, enhance the ability of the City of Saint John to fulfill its service mandates; working collaboratively across the organization to ensure service delivery continues to address the needs of the community and is efficient. • Consider Council's priorities in recommending corporate strategic priorities and directions for the organization; evaluating the extent to which progress is being made to ensure service delivery is customer focused and resource conscious. • Ensure that Common Council, through the City Manager, is provided with professional advice and options concerning emerging issues and policies to achieve their priorities. • Review all major corporate initiatives, policy changes, and changes to service delivery to ensure Common Council's priorities and corporate objectives can be achieved. • Endorse and provide leadership in the implementation of major organizational policy changes and other key initiatives; effectively communicating opportunities and issues impacting the organization across all service delivery areas. • Champion a service -based approach to the operating and capital budget process that incorporates long- term planning and measurement of outcomes to assist Council in making policy decisions about service offerings. • Strengthen ties between the Corporation, the City's agencies, boards and commissions (ABCs) and other organizations that share a commitment to the sustainable development of Saint John and the delivery of quality public service; ensuring there is alignment between the activities of these organizations and Council's priorities. Commissioner, Urban Environment Services Position Profile (July S, 2011) 102 • Strategically build organizational capacity to achieve corporate objectives through analysis, coordination, and innovation. • Encourage personal and professional development activities that foster a culture of collaboration and creativity; focusing on building relationships across the organization, external agencies (including ABCs), other levels of government, and the public in support of a positive, productive and collegial workforce. As the Commissioner of Urban Environment Services, build, lead and manage teams of professional, operational, and administrative employees who deliver service in the areas of neighbourhood improvement, recreation and culture programming, fire and rescue, and emergency management. • Foster a commitment to quality customer service in the delivery of municipal services; ensuring courteous, knowledgeable, and responsive interactions with citizens that help to demonstrate the value of public investments (tax dollars) into the community. • Provide balanced direction and attention to all areas of responsibility within the organization unit. • Promote a collaborative and coordinated approach to service delivery, working with service areas across the organization as required, to more effectively and efficiently achieve community and organizational goals. • Fulfill regulatory requirements of the position in accordance with all relevant legislation. • Ensure service objectives, policies and systems are aligned to efficiently address community needs. • Act as the lead contact with the City's relevant agencies, boards and commissions to coordinate strategic direction and service activities. • Approve the annual work plan for each service area in accordance with Council's Priorities and corporate strategic objectives; ensuring services can be delivered effectively within available resources. • Demonstrate accountability for service results by ensuring clear outcomes for service delivery are established, performance is measured and publically reported, and service improvement strategies are implemented. • Provide access for individuals, families and communities by delivering a broad range of recreational and cultural programming opportunities. • Build capacity in our neighbourhoods by supporting community -based organizations through consultation, education, referral and advocacy. • Ensure the fire suppression and rescue service is planned and delivered to minimize loss to people, property and the environment; improving public safety in the community within available resources. • Promote a safe community through fire prevention, safety education, and by -law enforcement programs and opportunities. • Interact with the Saint John Police Force; coordinating service activities that contribute to a safe community. • Ensure enforcement processes are efficiently designed to be resource conscious and encourage compliance with community standards and related by -laws. Commissioner, Urban Environment Services Position Profile (July 8, 2011) 103 • Enable emergency and disaster management planning, preparedness and response. Service Areas of Responsibility • Neighbourhood Improvement (focused on the City's five priority neighbourhoods) • Recreation and Culture Programming (focused on the programming of parks, playgrounds, community centres and developing opportunities for enhanced programming with community stakeholders) • Fire and Rescue Services (fire suppression, technical rescue, hazardous materials response, fire prevention, fire inspection, medical first responder) • Emergency Management Essential Qualifications Certification: The incumbent should possess appropriate professional designations or certifications that will add value to the strategic nature of the position and meet essential legislative requirements. Experience: A minimum of ten years of progressively responsible and relevant experience in government or a large corporation is essential. Education: A university degree, preferable at the graduate level (i.e., Masters degree), in a related discipline is required. Competencies As a member of the strategic leadership team the incumbent must demonstrative the following competencies: Strategic Leadership: Developing and inspiring commitment to a vision of success; supporting, promoting and ensuring alignment with the organization's vision and values. More specifically, the incumbent provides leadership in the development of the vision and strategic objectives for the organization and aligns change initiatives with organizational values. Customer - Focus: Identifying and responding to current and future public needs; providing service excellence to both internal and external customers. More specifically, champions a strategic direction of being a customer - focused organization. Accountability: Understanding scope and responsibility in the delivery of public service. More specifically, charts the future direction of major components of municipal service and ensures alignment with strategic directions set by Common Council as well as stewardship of the best long term interests of the community. Collaboration: Building working relationships with others (including internal and external) to achieve common goals and positive results. More specifically, the incumbent facilitates collaboration across the organization and with other organizations. Commissioner, Urban Environment Services Position Profile (July 8, 2011) 104 Innovation: Questioning status quo, exploring alternatives and responding to challenges with creativity using intuition, experimentation and fresh perspectives. This involves encouraging leadership and fostering creativity in others. More specifically, develops an environment that nurtures creative thinking, questioning and experimentation. Results - Orientation: Focusing personal and team efforts on achieving results consistent with the organization's strategic objectives. Communication: Listening to others and communicating in an effective manner that fosters open communication within the service stream and across the organization to foster a collaborative and productive workplace. More specifically, the incumbent communicates strategically to achieve specific objectives. Influence: Gaining support from and convincing others to advance the objectives of the organization. More specifically, the incumbent designs strategies that position and promote ideas and concepts to stakeholders. Developing Others: Providing a supportive environment for enhanced performance and professional growth to foster the development of others. More specifically, the incumbent creates a continuous learning environment ensuring there are opportunities for growth and development. Commissioner, Urban Environment Services Position Profile (July 8, 2011) 105 Commissioner, Transportation and Environment Services Scope of Work As a member of the senior management team reporting directly to the City Manager, strategically lead the organization in being a high performance public service — one that is service - based, customer focused and resource conscious, and accountable. As a member of the team, ensure the collaborative and collective management of the organization by promoting change and innovation, fostering a culture around providing quality customer service, achieving results efficiently, building high performance teams, and enabling others to act. As the Commissioner of the Transportation and Environment Services team, provide strategic leadership in nurturing a positive, productive and collegial workplace focused on service excellence. This is accomplished by promoting the skills, coaching, mentoring and collaborative leadership required to inspire employees and produce a unified effort in quality service to our customers (public and internal). The Transportation and Environment Services team delivers services that support the community in achieving its long -term vision and goal of creating a green, attractive city where people can get around safely and easily. Services are delivered to provide an evolving array of convenient, comfortable, affordable and efficient modes of transportation. Services also focus on protecting our natural environment with the maintenance of outstanding parks, green and other public spaces, while promoting a shared commitment to environmental stewardship and keeping Saint John clean. Key Result Areas As a member of the senior management team, Enhance the ability of the City of Saint John to fulfill its service mandates; working collaboratively across the organization to ensure service delivery continues to address the needs of the community and is efficient. • Consider Council's priorities in recommending corporate strategic priorities and directions for the organization and evaluate the extent to which progress is being made to ensure service delivery is customer focused and resource conscious. • Ensure that Common Council, through the City Manager, is provided with professional advice and options concerning emerging issues and policies to achieve their priorities. • Review all major corporate initiatives, policy changes, and changes to service delivery to ensure Common Council's priorities and corporate objectives can be achieved. • Endorse and provide leadership in the implementation of major organizational policy changes and other key initiatives; effectively communicating opportunities and issues impacting the organization across all service delivery areas. • Champion a service -based approach to the operating and capital budget process that incorporates long- term planning and measurement of outcomes to assist Council in making policy decisions about service offerings. • Strengthen ties between the Corporation, the City's agencies, boards and commissions (ABCs) and other organizations that share a commitment to the sustainable development of Saint John and the delivery of quality public service; ensuring there is alignment between the activities of these organizations and Council's priorities. Commissioner, Transportation and Environment Services Position Profile (July 13, 2011) 106 • Strategically build organizational capacity to achieve corporate objectives through analysis, coordination, and innovation. • Encourage personal and professional development activities that foster a culture of collaboration and creativity; focusing on building relationships across the organization, external agencies (including ABCs), other levels of government, and the public in support of a positive, productive and collegial workforce. As the Commissioner of Transportation and Environment Services, build, lead and manage teams of professional, operational, technical and administrative employees who deliver service in the areas of roadway maintenance, sidewalk maintenance, pedestrian and traffic management, parks and public spaces maintenance (including recreation and sport facilities), stormwater management, solid waste collection, and engineering. • Foster a commitment to quality customer service in the delivery of municipal services; ensuring courteous, knowledgeable, and responsive interactions with citizens that help to demonstrate the value of public investments (tax dollars) into the community. • Provide balanced direction and attention to all areas of responsibility within the organization unit. • Promote a collaborative and coordinated approach to service delivery, working with service areas across the organization as required, to more effectively and efficiently achieve community and organizational goals. • Fulfill regulatory requirements of the position in accordance with all relevant legislation. • Ensure service objectives, policies and systems are aligned to efficiently address community needs. • Act as the lead contact with the City's relevant agencies, board and commissions to coordinate strategic direction and service activities. • Approve the annual work plan for each service area in accordance with Council's Priorities and corporate strategic objectives; ensuring services can be delivered effectively within available resources. • Demonstrate accountability for service results by ensuring clear outcomes for service delivery are established, performance is measured and publically reported, and service improvement strategies are implemented. • Ensure that services are planned and delivered to provide citizens with a reliable and integrated transportation network; allowing pedestrians, motorists and cyclists to move safely and efficiently in the city. • Oversee the implementation of the stormwater management strategy and related policies; ensuring maintenance activities are effective in protecting the City's infrastructure, property and the natural environment. • Ensure the collection of residential solid waste is effective and efficient. • Develop parks, open space and urban forestry related service level standards; ensuring maintenance operations meet these standards and are effective in improving the environmental health of the community while providing quality places for leisure activities. Commissioner, Transportation and Environment Services Position Profile (July 13, 2011) 107 10 • Provide for the maintenance of facilities that provide citizens with access to a wide range of indoor and outdoor recreation and sport opportunities. • Enable research of innovative methods of maintaining infrastructure and delivering services; ensuring that service delivery is cost - effective in addressing community needs. • Promote environmental stewardship through education initiatives that highlight the value of our parks and open space, waste diversion and alternate modes of transportation. • Ensure planning, design and construction of capital improvements to transportation and park related infrastructure supports the long -term sustainability and cost- effectiveness of these municipal assets in providing quality service. • Maintain design and construction standards for the City's civil infrastructure with an aim towards installation of cost - effective, enduring infrastructure throughout its life - cycle. Service Areas of Responsibility • Roadway Maintenance • Sidewalk Maintenance • Pedestrian and Traffic Management • Stormwater Management • Solid Waste Collection • Transportation and Environment Engineering (capital budget planning) • Parks and Public Spaces Maintenance (parks and playgrounds, greenspaces (right of ways), urban forestry, recreation and sport facilities) Essential Qualifications Certification: The incumbent should possess appropriate professional designations or certifications that will add value to the strategic nature of the position and meet essential legislative requirements. Experience: A minimum of ten years of progressively responsible and relevant experience in government or a large corporation is essential. Education: A university degree in a relevant engineering discipline, ideally with the completion of a complementary graduate program (i.e., Masters degree) is required. Commissioner, Transportation and Environment Services Position Profile (July 13, 2011) li 11 Competencies As a member of the strategic leadership team the incumbent must demonstrative the following competencies: Strategic Leadership: Developing and inspiring commitment to a vision of success; supporting, promoting and ensuring alignment with the organization's vision and values. More specifically, the incumbent provides leadership in the development of the vision and strategic objectives for the organization and aligns change initiatives with organizational values. Customer - Focus: Identifying and responding to current and future public needs; providing service excellence to both internal and external customers. More specifically, champions a strategic direction of being a customer - focused organization. Accountability: Understanding scope and responsibility in the delivery of public service. More specifically, charts the future direction of major components of municipal service and ensures alignment with strategic directions set by Common Council as well as stewardship of the best long term interests of the community. Collaboration: Building working relationships with others (including internal and external) to achieve common goals and positive results. More specifically, the incumbent facilitates collaboration across the organization and with other organizations. Innovation: Questioning status quo, exploring alternatives and responding to challenges with creativity using intuition, experimentation and fresh perspectives. This involves encouraging leadership and fostering creativity in others. More specifically, develops an environment that nurtures creative thinking, questioning and experimentation. Results- Orientation: Focusing personal and team efforts on achieving results consistent with the organization's strategic objectives. Communication: Listening to others and communicating in an effective manner that fosters open communication within the service stream and across the organization to foster a collaborative and productive workplace. More specifically, the incumbent communicates strategically to achieve specific objectives. Influence: Gaining support from and convincing others to advance the objectives of the organization. More specifically, the incumbent designs strategies that position and promote ideas and concepts to stakeholders. Developing Others: Providing a supportive environment for enhanced performance and professional growth to foster the development of others. More specifically, the incumbent creates a continuous learning environment ensuring there are opportunities for growth and development. Commissioner, Transportation and Environment Services Position Profile (July 13, 2011) 109 12 Commissioner, Saint John Water Scope of Work As a member of the senior management team reporting directly to the City Manager, strategically lead the organization in being a high performance public service — one that is service - based, customer focused and resource conscious, and accountable. As a member of the team, ensure the collaborative and collective management of the organization by promoting change and innovation, Fostering a culture around providing quality customer service, achieving results efficiently, building high performance teams, and enabling others to act. As the Commissioner of Saint John Water, provide strategic leadership in nurturing a positive, productive and collegial workplace focused on service excellence. This is accomplished by promoting the skills, coaching, mentoring and collaborative leadership required to inspire employees and produce a unified effort in quality service to our customers (public and internal). The Saint John Water team delivers services that support the community in achieving its long -term vision and goal for clean, safe drinking water. Services are delivered to enhance the quality of drinking water and protect the natural environment with the treatment of wastewater. Key Result Areas As a member of the senior management team, enhance the ability of the City of Saint John to fulfill its service mandates; working collaboratively across the organization to ensure service delivery continues to address the needs of the community and is efficient. • Consider Council's priorities in recommending corporate strategic priorities and directions for the organization and evaluate the extent to which progress is being made to ensure service delivery is customer focused and resource conscious. • Ensure that Common Council, through the City Manager, is provided with professional advice and options concerning emerging issues and policies to achieve their priorities. • Review all major corporate initiatives, policy changes, and changes to service delivery to ensure Common Council's priorities and corporate objectives can be achieved. • Endorse and provide leadership in the implementation of major organizational policy changes and other key initiatives; effectively communicating opportunities and issues impacting the organization across all service delivery areas. • Direct a service -based approach to the operating and capital budget process that incorporates long -term planning and measurement of outcomes to assist Council in making policy decisions about service offerings. • Strengthen ties between the Corporation, the City's agencies, boards and commissions (ABCs) and other organizations that share a commitment to the sustainable development of Saint John and the delivery of quality public service; ensuring there is alignment between the activities of these organizations and Council's priorities. • Strategically build organizational capacity to achieve corporate objectives through analysis, coordination, and innovation. Commissioner, Saint John water Position Profile (July 8, 2011) 110 13 • Encourage personal and professional development activities that foster a culture of collaboration and creativity; focusing on building relationships across the organization, external agencies (including ABCs), other levels of government, and the public in support of a positive, productive and collegial workforce. As the Commissioner of Saint John Water, build, lead and manage teams of professional, operational, technical and administrative employees who deliver service in the areas of drinking water, industrial water, wastewater, utility business management, and water and sanitary engineering. • Foster a commitment to quality customer service in the delivery of municipal services; ensuring courteous, knowledgeable, and responsive interactions with citizens that help to demonstrate the value of public investments (tax dollars) into the community. • Provide balanced direction and attention to all areas of responsibility within the organization unit. • Promote a collaborative and coordinated approach to service delivery, working with service areas across the organization as required, to more effectively and efficiently achieve community and organizational goals. • Fulfill regulatory requirements of the position in accordance with all relevant legislation. • Ensure service objectives, policies and systems are aligned to efficiently address community needs. • Act as the lead contact with the City's relevant agencies, board and commissions to coordinate strategic direction and service activities. • Approve the annual work plan for each service area in accordance with Council's Priorities and corporate strategic objectives; ensuring services can be delivered effectively within available resources. • Demonstrate accountability for service results by ensuring clear outcomes for service delivery are established, performance is measured and publically reported, and service improvement strategies are implemented. • Manage the City's water resources; working with other levels of governments to protect the watersheds. • Work collaboratively to achieve advanced treatment of potable water to ensure an adequate supply of quality drinking water for the community. • Ensure measures are implemented to support efficient use of water and that customers receive potable water at a fair and equitable rate. • Establish a reliable industrial water system with a supporting rate structure that balances the cost of service with sustainability. • Ensure service is planned and delivered to effectively collect and treat wastewater to meet standards set out in the Approvals to Operate as issued by the Minister of Environment, to protect both the environment and public health prior to it being returned to natural waterways. • Enable research of innovative methods of maintaining infrastructure and delivering services; ensuring that service delivery is cost - effective in addressing community needs. Commissloner, Saint John Water Position Profile (July 8, 2011) 111 14 • Ensure planning, design and construction of capital improvements to water and wastewater infrastructure supports the long -term sustainability and cost - effectiveness of these municipal assets in providing quality service. • Maintain design and construction standards for water and wastewater infrastructure with an aim towards installation of cost - effective, enduring infrastructure throughout its life- cycle. Service Areas of Responsibility • Drinking Water Service (Water Quality & Resources, Water and Sanitary Systems, Water Use) • Industrial Water Service (Water Quality & Resources, Water and Sanitary Systems, Water Use) • Wastewater Service (Water and Sanitary Systems (combined sewers /stormwoter), Environmental Protection) • Utility Business Management • Water and Sanitary Engineering (capital budget planning) Essential Qualifications Certification: The incumbent should possess appropriate professional designations or certifications that will add value to the strategic nature of the position and meet essential legislative requirements. Experience: A minimum of ten years of progressively responsible and relevant experience in government or a large corporation is essential. Education: A university degree, preferable at the graduate level (i.e., Masters degree), in a related discipline is required. Competencies As a member of the strategic leadership team the incumbent must demonstrative the following competencies: Strategic Leadership: Developing and inspiring commitment to a vision of success; supporting, promoting and ensuring alignment with the organization's vision and values. More specifically, the incumbent provides leadership in the development of the vision and strategic objectives for the organization and aligns change initiatives with organizational values. Customer - Focus: Identifying and responding to current and future public needs; providing service excellence to both internal and external customers. More specifically, champions a strategic direction of being a customer - focused organization. Accountability: Understanding scope and responsibility in the delivery of public service. More specifically, charts the future direction of major components of municipal service and ensures alignment with strategic directions set by Common Council as well as stewardship of the best long term interests of the community. Commissioner, Saint John Water Position Profile (July 8, 2011) 112 15 Collaboration: Building working relationships with others (including internal and external) to achieve common goals and positive results. More specifically, the incumbent facilitates collaboration across the organization and with other organizations. Innovation: Questioning status quo, exploring alternatives and responding to challenges with creativity using intuition, experimentation and fresh perspectives. This involves encouraging leadership and fostering creativity in others. More specifically, develops an environment that nurtures creative thinking, questioning and experimentation. Results- Orientation: Focusing personal and team efforts on achieving results consistent with the organization's strategic objectives. Communication: Listening to others and communicating in an effective manner that fosters open communication within the service stream and across the organization to foster a collaborative and productive workplace. More specifically, the incumbent communicates strategically to achieve specific objectives. Influence: Gaining support from and convincing others to advance the objectives of the organization. More specifically, the incumbent designs strategies that position and promote ideas and concepts to stakeholders. Developing Others: Providing a supportive environment For enhanced performance and professional growth to foster the development of others. More specifically, the incumbent creates a continuous learning environment ensuring there are opportunities for growth and development. Commissioner, saint John Water Position Profile (July 8, 2011) 113 16 Commissioner of Finance and Administrative Services Scope of Work As a member of the senior management team, strategically lead the organization in being a high performance public service — one that is service- based, customer focused and resource conscious, and accountable. As Commissioner of Finance the incumbent reports directly to the Common Council on financial matters. As a member of the senior management team, ensure the collaborative and collective management of the organization by promoting change and innovation, fostering a culture around providing quality customer service, achieving results efficiently, building high performance teams, and enabling others to act. As the Commissioner of Finance and Administrative Services team, provide strategic leadership in nurturing a positive, productive and collegial workplace focused on service excellence. This is accomplished by promoting the skills, coaching, mentoring and collaborative leadership required to inspire employees and produce a unified effort in quality service to our customers (public and internal). The Finance and Administrative Services team enables the delivery of municipal services that are effective and efficient in meeting the needs of our community. Service delivery focuses on responsible financial management and sustainable life -cycle management of the City's physical assets (including Fleet, facilities, real estate, purchasing and materials management). Key Result Areas As a member of the senior management team, enhance the ability of the City of Saint John to fulfill its service mandates; working collaboratively across the organization to ensure service delivery continues to address the needs of the community and is efficient. • Consider Council's priorities in recommending corporate strategic priorities and directions for the organization and evaluate the extent to which progress is being made to ensure service delivery is customer focused and resource conscious. • Ensure that Common Council, through the City Manager, is provided with professional advice and options concerning financial issues and policies to achieve their priorities. • Review all major corporate initiatives, policy changes, and changes to service delivery to ensure Common Council's priorities and corporate objectives can be achieved. • Endorse and provide leadership in the implementation of major organizational policy changes and other key initiatives; effectively communicating opportunities and issues impacting the organization across all service delivery areas. • Champion a service -based approach to the operating and capital budget process that incorporates long- term planning and measurement of outcomes to assist Council in making policy decisions about service offerings. • Strengthen ties between the Corporation, the City's agencies, boards and commissions (ABCs) and other organizations that share a commitment to the sustainable development of Saint John and the delivery of quality public service; ensuring there is alignment between the activities of these organizations and Council's priorities. Commissioner of Finance and Administrative Services Position Profile (July 8, 2011) 114 17 • Strategically build organizational capacity to achieve corporate objectives through analysis, coordination, and innovation. • Encourage personal and professional development activities that foster a culture of collaboration and creativity; focusing on building relationships across the organization, external agencies (including ABCs), other levels of government, and the public in support of a positive, productive and collegial workforce. As the Commissioner of Finance and Administrative Services, build, lead and manage teams of professional, operation, technical and administrative employees who deliver service in the areas of financial management (accounting, treasury, and payroll), pension administration, and asset management (fleet, real estate, facilities, purchasing and materials management, and insurance). • Foster a commitment to quality customer service in the delivery of municipal services; ensuring courteous, knowledgeable, and responsive interactions with citizens that help to demonstrate the value of public investments (tax dollars) into the community. • Provide balanced direction and attention to all areas of responsibility within the organization unit. • Promote a collaborative and coordinated approach to service delivery, working with service areas across the organization as required, to more effectively and efficiently achieve community and organizational goals. • Fulfill regulatory requirements of the position in accordance with all relevant legislation. • Ensure service objectives, policies and systems are aligned to efficiently address community needs. • Act as the lead contact with the City's relevant agencies, board and commissions to coordinate strategic direction and service activities. • Approve the annual work plan for each service area in accordance with Council's Priorities and corporate strategic objectives; ensuring services can be delivered effectively within available resources. • Demonstrate accountability for service results by ensuring clear outcomes for service delivery are established, performance is measured and publically reported, and service improvement strategies are implemented. • Ensure the strategic management of the financial affairs of the City; including the development of effective control measures for the protection of the City's assets and resources. • Ensure that financial management and accounting processes support the organization in realizing its mandate and are consistent with best practices. • Provide strategic, technical advice and direct financial services to all departments and a number of the City's agencies, boards and commissions (ABCs), as appropriate. • Provide the information necessary to make sound financial decisions and plan for the future, while meeting statutory financial reporting requirements. • Identify financial, operational and strategic risks of the organization and ensure there are effective risk management processes in place and put into practice. Commissioner of Finance and Administrative Services Position Profile (July 8, 2011) 115 18 • Protect the public's interest against damage or liability claims that may occur as a result of the City's delivery of public services, enduring that insurance policies of the appropriate type and size are put into place and properly administered. • Co- ordinate supply management for the City including procurement, tendering, inventory and distribution, surplus sales, strategic supply chain support and asset disposal. Develop corporate principles, policies and protocols that support the effective life -cycle management (governance, planning, acquisition and maintenance) of the City's fleet (equipment), land, and facility assets. Service Areas of Responsibility • Financial Services (accounting, treasury, payroll) • Pension Administration • Asset Management (fleet real estate, facilities, purchasing and materials management, insurance) Essential Qualifications Certification: The incumbent should possess appropriate professional designations or certifications that will add value to the strategic nature of the position and meet essential legislative requirements. Experience: A minimum of ten years of progressively responsible and relevant experience in government or a large corporation is essential. Education: A university degree, preferable at the graduate level (i.e., Masters degree), in a related discipline is required. Competencies As a member of the strategic leadership team the incumbent must demonstrative the following competencies: Strategic Leadership: Developing and inspiring commitment to a vision of success; supporting, promoting and ensuring alignment with the organization's vision and values. More specifically, the incumbent provides leadership in the development of the vision and strategic objectives for the organization and aligns change initiatives with organizational values. Customer - Focus: Identifying and responding to current and future public needs; providing service excellence to both internal and external customers. More specifically, champions a strategic direction of being a customer - focused organization. Accountability: Understanding scope and responsibility in the delivery of public service. More specifically, charts the future direction of major components of municipal service and ensures alignment with strategic directions set by Common Council as well as stewardship of the best long term interests of the community. Commissioner of Finance and Administrative Services Position Profile (July 8, 2011) 116 19 Collaboration: Building working relationships with others (including internal and external) to achieve common goals and positive results. More specifically, the incumbent facilitates collaboration across the organization and with other organizations. Innovation: Questioning status quo, exploring alternatives and responding to challenges with creativity using intuition, experimentation and fresh perspectives. This involves encouraging leadership and fostering creativity in others. More specifically, develops an environment that nurtures creative thinking, questioning and experimentation. Results- Orientation: Focusing personal and team efforts on achieving results consistent with the organization's strategic objectives. Communication: Listening to others and communicating in an effective manner that fosters open communication within the service stream and across the organization to foster a collaborative and productive workplace. More specifically, the incumbent communicates strategically to achieve specific objectives. Influence: Gaining support from and convincing others to advance the objectives of the organization. More specifically, the incumbent designs strategies that position and promote ideas and concepts to stakeholders. Developing Others: Providing a supportive environment for enhanced performance and professional growth to foster the development of others. More specifically, the incumbent creates a continuous learning environment ensuring there are opportunities for growth and development. Commissioner of Finance and Administrative services Position Profile (July 8, 2011) 117 20 Commissioner, Strategic Services Scope of Work As a member of the senior management team reporting directly to the City Manager, strategically lead the organization in being a high performance public service — one that is service- based, customer focused and resource conscious, and accountable. As a member of the team, ensure the collaborative and collective management of the organization by promoting change and innovation, fostering a culture around providing quality customer service, achieving results efficiently, building high performance teams, and enabling others to act. As the Commissioner of the Strategic Services team, provide strategic leadership in nurturing a positive, productive and collegial workplace focused on service excellence. This is accomplished by promoting the skills, coaching, mentoring and collaborative leadership required to inspire employees and produce a unified effort in quality service to our customers (public and internal). The Strategic Services team supports the organization in responding to the constant changes in our environment, economy and society. Organization and service goals are achieved by employing a strategic approach to effective communication; facilitating collaborative service delivery planning and policy development that engages the public in the decision - making process; managing relationships with other levels of government, communities and organizations; maximizing the use of information technology to support continuous improvement of service delivery; and building a high performance public service. Key Result Areas As a member of the senior management team, Enhance the ability of the City of Saint John to fulfill its service mandates; working collaboratively across the organization to ensure service delivery continues to address the needs of the community and is efficient. • Consider Council's priorities in recommending corporate strategic priorities and directions for the organization and evaluate the extent to which progress is being made to ensure service delivery is customer focused and resource conscious. • Ensure that Common Council, through the City Manager, is provided with professional advice and options concerning emerging issues and policies to achieve their priorities. • Review all major corporate initiatives, policy changes, and changes to service delivery to ensure Common Council's priorities and corporate objectives can be achieved. • Endorse and provide leadership in the implementation of major organizational policy changes and other key initiatives; effectively communicating opportunities and issues impacting the organization across all service delivery areas. • Champion a service -based approach to the operating and capital budget process that incorporates long- term planning and measurement of outcomes to assist Council in making policy decisions about service offerings. • Strengthen ties between the Corporation, the City's agencies, boards and commissions (ABCs) and other organizations that share a commitment to the sustainable development of Saint John and the delivery of quality public service; ensuring there is alignment between the activities of these organizations and Council's priorities. Commissioner, Strategic Services Position Profile {July 8, 2011, 2011} 118 21 • Strategically build organizational capacity to achieve corporate objectives through analysis, coordination, and innovation. • Encourage personal and professional development activities that foster a culture of collaboration and creativity; focusing on building relationships across the organization, external agencies (including ABCs), other levels of government, and the public in support of a positive, productive and collegial workforce. As the Commissioner of Strategic Services, build, lead and manage teams of professional, technical and administrative employees who deliver service in the areas of human resources, corporate planning (policy development, service -based budget planning), intergovernmental affairs, corporate communications and information technology systems. • Foster a commitment to quality customer service in the delivery of municipal services; ensuring courteous, knowledgeable, and responsive interactions with citizens that help to demonstrate the value of public investments (tax dollars) into the community. • Provide balanced direction and attention to all areas of responsibility within the organization unit. • Promote a collaborative and coordinated approach to service delivery, working with service areas across the organization as required, to more effectively and efficiently achieve community and organizational goals. • Fulfill regulatory requirements of the position in accordance with all relevant legislation. • Ensure service objectives, policies and systems are aligned to efficiently address community needs. • Act as the lead contact with the City's relevant agencies, board and commissions to coordinate strategic direction and service activities. • Approve the annual work plan for each service area in accordance with Council's Priorities and corporate strategic objectives; ensuring services can be delivered effectively within available resources. • Demonstrate accountability for service results by ensuring clear outcomes for service delivery are established, performance is measured and publically reported, and service improvement strategies are implemented. • Champion the role of strategic human resources services as critical to the quality and sustainability of all municipal services. • Ensure business planning activities are established to support strategic alignment of service delivery, creating a common focus on achieving desired outcomes and consistency of methods, processes and tools. • Develop and maintain effective working relationships that continue to promote collaboration and synergy with all orders of government. • Provide service improvement tools and support to help the organization transform into a more agile, responsive and effective municipal government, • Build capacity for corporate policy development and analysis of key corporate initiatives, governance and corporate performance, and community engagement. Commissioner, Strategic services Position Profile (July 8, 2011, 2011) 119 22 • Establish a corporate strategic approach to communications that ensures the public and employees have a clear understanding of the City's policies, priorities and services. • Promote efficient operation of information technology and related infrastructure; leading the corporation in the using this technology as a strategic asset. Service Areas of Responsibility • Human Resources • Corporate Planning (policy development and analysis, service -based budget planning) • Intergovernmental Affairs • Corporate Communications • Information Technology Systems Essential Qualifications Certification: The incumbent should possess an appropriate professional designation or certification that will add value to the strategic nature of the position and support service delivery. Experience: A minimum of ten years of progressively responsible and relevant experience in government or a large corporation is essential. Education: A university degree, preferable at the graduate level (i.e., Masters degree), in a related discipline is required. Competencies As a member of the strategic leadership team the incumbent must demonstrative the following competencies: Strategic Leadership: Developing and inspiring commitment to a vision of success; supporting, promoting and ensuring alignment with the organization's vision and values. More specifically, the incumbent provides leadership in the development of the vision and strategic objectives for the organization and aligns change initiatives with organizational values. Customer - Focus: Identifying and responding to current and future public needs; providing service excellence to both internal and external customers. More specifically, champions a strategic direction of being a customer - focused organization. Accountability: Understanding scope and responsibility in the delivery of public service. More specifically, charts the future direction of major components of municipal service and ensures alignment with strategic directions set by Common Council as well as stewardship of the best long term interests of the community. Collaboration: Building working relationships with others (including internal and external) to achieve common goals and positive results. More specifically, the incumbent facilitates collaboration across the organization and with other organizations. Commissioner, Strategic Services Position Profile (July 8, 2011, 2011) 120 23 Innovation: Questioning status quo, exploring alternatives and responding to challenges with creativity using intuition, experimentation and fresh perspectives. This involves encouraging leadership and fostering creativity in others. More specifically, develops an environment that nurtures creative thinking, questioning and experimentation. Results- Orientation: Focusing personal and team efforts on achieving results consistent with the organization's strategic objectives. Communication: Listening to others and communicating in an effective manner that fosters open communication within the service stream and across the organization to foster a collaborative and productive workplace. More specifically, the incumbent communicates strategically to achieve specific objectives. Influence: Gaining support From and convincing others to advance the objectives of the organization. More specifically, the incumbent designs strategies that position and promote ideas and concepts to stakeholders. Developing Others: Providing a supportive environment for enhanced performance and professional growth to Foster the development of others. More specifically, the incumbent creates a continuous learning environment ensuring there are opportunities for growth and development. Commissioner, Strategic Services Position Profile (July g, 2011, 2011) 121 24 -�.I REPORT TO COMMON COUNCIL M &C2011 -166 June 27, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Common Council: SUBJECT: 2012 Service -Based Budget Format and Process BACKGROUND The City of Saint John Common Council has made a commitment to full implementation of a service -based approach to the budgeting process. The attached document outlines a format and procedures that will support a budget process that is customer based, performance driven and results oriented. The budget will focus on identifying service level objectives and priorities and linking the resources required to achieve desired outcomes. The proposed format and budget process supports the organization realignment that creates a flatter, more streamlined structure for effective and efficient service delivery. Staff will be available to answer any questions. RECOMMENDATION It is recommended that Common Council adopt the attached format and procedures for the 2012 Service -Based Budget. Respectfully submitted, J. trick Woods, CGA City Manager 122 Service -Based Budgeting —A New Focus • Service based budgeting is a customer based, performance driven, results oriented budget system based on achieving desired outcomes in the community through service delivery. • The service -based approach focuses on identifying intended service results and linking them to the resources required to achieve the desired outcome. • The goal is to provide a base line tool for assessing various service delivery options Service -Based Budget Rationale • Linking resource allocation to service level objectives, the Service -Based Budget outlines in measurable terms, all the services to be provided by the City and at what level they are to be provided. It is therefore not only a budget document; it is an important policy document of the City. • The service -based budget process supports the government in making decisions that are carefully made on the basis of service planning and financial analysis. It tells service deliverers, citizens, and policy makers what they get for their money. It demonstrates results by clarifying what constitutes service delivery success. • Service -based budgeting is another tool that makes program and service planning more effective. It helps the City establish and clarify expectations for the results to be accomplished and provides more flexibility for the City to meet goals and objectives over a period of time. • Service -based budgeting allows funds to be allocated to those areas that provide the greatest return toward meeting desired outcomes. This flexibility allows for responsiveness to changing service needs or unanticipated demands. Service -Based Budget Presentation • Rather than attaching budgets to specific items of expense (line item budgeting), budgets are tied to overall service results. • The budget process will provide service areas an opportunity to present service level alternatives for Council's consideration —linking required resources to desired outcomes. (Example of presentation format shown on next page). • Service alternatives will be inclusive of current service level standards and one or two alternatives that consider a decrease and /or increase in the level of service to be provided — for a minimum total of three alternatives. Alternatives will be developed and presented in accordance with the priorities set by Common Council and direction of the City Manager (in consultation with the Commissioner of Finance). • There is a requirement to identify the benefit or impact to the community associated with each service alternative. This information will support the evaluation of service delivery alternatives. • The process starts with.... Page 1 Step 1: Identifying the main service processes (sub- services) associated with each service delivered by the City. Processes are the large (distinct) pieces of work that are carried out as part of the service to meet the desired service outcome (e.g., Roadway Maintenance Services consists of roadway surface maintenance, snow and ice control, street sweeping). Step 2: Identify any Council Priorities and /or commitments that relate to service processes. In some cases there may be no link to any of the priorities, or a priority may relate to more than one service process. 123 SAINT COI -IN 2012 Service Based - Budget Format and Process June 27, 2011 Step 3: Identify the desired outcome of each service process in broad statements (e.g., 'To prolong roadway life by maintaining and repairing streets' or 'To increase safety in the community by working to effectively and efficiently respond to emergency incidents'.) Step 4: Identify service objectives (service level standards) for each of the alternatives (i.e., providing an indication of the type and amount of work than can be expected to be completed as part of service delivery). Step 5: Identify the service output (result) that is required to meet the service standard (i.e., the actual work to be produced — as in the case of roads the number of lane kilometres required to be resurfaced to meet the service objective) outlined for each service alternative. Step 6: Estimate the resources required to complete the work planned for each service alternative. Resources should be estimated in terms of Wages & Benefits and Other Expenditures. A list of full -time equivalent (FTEs) (i.e., positions and amount — not names of employees) is to be submitted for each service alternative. Step 7: For each service delivery alternative, provide a brief description of the benefit or impact that will be experienced by the community. Step 8: Where applicable, estimate where revenue can be generated from user fees (or other fees for service) and the amount. Example: Roadway Maintenance Service Service Process: Roadway Surface Maintenance Council's Priority: Implement recommendations for improvements to the City's roads using PCI measures and increase funding to enable a more aggressive maintenance program. To maintain streets to an acceptable standard to ensure safety, extend service life, and achieve the best value for the investments made in these public assets. Asphalt maintenance of roadway surface to maintain a network Pavement Condition Index (PCI) of 70. # lane kilometres of resurfacing # lane kilometres of other PM # potholes and asphalt repairs Asphalt maintenance of roadway surface network to a PCI of 75 — considering need to address outstanding backlog of streets below critical PCI. (T) # lane km of resurfacing # lane kilometres of other PM # potholes and asphalt repairs Decrease in PCI to 68. (,L) # lane km of resurfacing # lane kilometres of other PM # potholes (only — no repairs) Wages and Benefits: $ * ** * ** Wages and Benefits: $ * ** * ** Wages and Benefits: $ * ** * ** Other Expenditures: * ** * ** Other Expenditures: * ** * ** Other Expenditures: * ** * ** * ** * ** * ** * ** * ** * ** Total $ Total $ Total $ , Ensures safety, extends service life, and achieves the best value for the investments made in the City's road network. Page 2 Addresses streets below critical PCI resulting in a potential long term savings on street maintenance — less likelihood of expensive reconstruction. Improved citizen satisfaction with the City's road maintenance. 124 • Less attention to subdivision / local streets affecting the livability of neighbourhoods and likely citizen satisfaction. • Greater long -term rehabilitation costs related to total reconstruction requirements. SAIN I it>IIN 2012 Service Based - Budget Format and Process Outlining the Budget Process Set and communicate direction for service -based budget preparation and presentation Develop service level alternatives Li Review Council's for Council's consideration Priorities with Council Develop revenue /expenditure LJ Review revenue projections (next 3 year period) M projections with Council Responsibilities — Service -Based Budget Process June 27, 2011 Presentation of Work with Build 2012 service level Council to budget with alternatives — identify service stated service on a program level objectives level objectives by program and priorities and required basis resources • City Manager: Set expectations with respect to preparation of service -based budgets to the organization and to Common Council. Expectations are inclusive of the how various service alternatives are to be presented and selected; timelines for preparation, presentation and Council approval; and guidance and consultation with the Commissioner of Finance on revenue and expenditure projections. The goal is to build a 2012 service -based budget with stated service level objectives and the commensurate level of resources. • Commissioner of Finance: Develop revenue and expenditure projections for the next three year period — decision making has to be in a multi -year context with a solid understanding of the economic prospects for the City. Work will also include supporting service areas in identifying service delivery that is to be funded by the tax rate and those to be funded by user fees or other revenue (inclusive of overhead costs, fixed costs, contractual obligations and debt). • Service Areas: Develop service level alternatives for Council's consideration — linking the resources required to the desired outcomes. Preparation and presentation of service delivery options should be completed in accordance with Council's Priorities and City Manager direction. In presenting service alternatives, an indication of funding required from the tax rate (percentage) versus user fees (or other revenue) is required. Work will also include revisions to service alternatives or the selected option in preparation for the final budget presentation. • Corporate Planning: Maintain format and support the process in the preparation of service -based budgets. This work is inclusive of consultation and running workshops with service areas to complete service delivery alternatives; coordination of results; and support in final budget preparation. • Common Clerk: Provide support in scheduling the required Council meetings to complete the 2012 service - based budget process. • Common Council: Evaluation of service delivery alternatives in relation to their priorities. This involves staff (through the City Manager) working with Council to identify service level objectives and priorities — the organization must be responsive to community needs and priorities, lower priorities have to give way to higher priorities when resources are limited. Page 3 125 SAINT JOHN 2012 Service Based - Budget Format and Process Building a 2012 Service -Based Budget June 27, 2011 Preliminary requests can be made to have a service area revise a service alternative(s) to ensure that all services can be delivered within the projected budget envelop — considering the requirement to balance the diverse needs of the community. The City Manager (in consultation with the Commissioner of Finance) will make these requests. • Council will be presented with service delivery options on a program -by- program basis. The goal is to layout what can be accomplished, the resulting benefit and /or impact in the community, and the resources required for several different levels of service. • Once all of the presentations have been made, Council will need time to evaluate the options and determine which alternative will be included in the budget on a service -by- service basis. Staff will work with Council to identify service level objectives and priorities — ensuring that the City is responsive to community needs and priorities, with lower priorities giving way to higher priorities when resources are limited. Budget Example: Building the Current Service Level Alternative 1 Alternative 2 Service A Service B Service C Service D Service E Total Budget Sum the costs associated with the 'Check Marks' (selected service alternatives) Service -Based Budget Implementation • Service -based budgeting is applied to all City programs and the services delivered. Programs will correspond to the organizational units that are defined in the organization realignment model. Eventually, this will be inclusive of enabling service functions. The focus for the 2012 budget will be citizen facing services. Requirement to set budget expectations with the City's agencies, boards and commissions (ABCs). This can be accomplished as part of budget submissions or as part of service level agreements to be completed. The 2012 budget process will begin no later than mid -year 2011 to provide time for analysis and decision making. Critical Success Factors • Clear, consistent communication of direction and value in full implementation of a service -based approach to developing the operating budget by the City Manager and his leadership team. • Respect for timelines by all stakeholders including the senior leadership team, Finance, service areas and Council. Although the schedule can be juggled (to determine the order of presentations and subsequently the completion of service alternative information), the schedule is built to ensure there is time for adequate Page 4 126 SAINT JOHN 2012 Service Based - Budget Format and Process June 27, 2011 planning, analysis and decision - making. The City Manager will work with Common Council and the Clerk's office to set a schedule. Support from the City Manager and leadership team in achieving this 'high impact priority' for the organization. There is a need to ensure that staff is focused on the development of a service -based budget that will clearly outline service expectations that will result in effective and efficient service delivery for the organization and the community. Proposed Program and Service Organization for the 2012 General Fund Budget The following list provides an outline of the high level organization of the budget (based on the organization re- alignment model). The identification of service processes (sub- services) will be completed as part of the preparation of service alternatives. Page 5 Community Planning and Development Service Inspection & Enforcement Service By -Law Enforcement Service Neighbourhood Improvement Service Recreation and Cultural Programming Service Fire and Rescue Services Emergency Management Service Roadway Maintenance Service Sidewalk Maintenance Service Pedestrian and Traffic Management Service Solid Waste Collection Service Parks and City Landscape Service Recreation and Sports Facilities Maintenance Service Financial Management Service Asset Management Service Human Resource Management Corporate Management Service Information Technology Systems Service Corporate Communications Service 127 SAINT JOHN A Commitment to Demonstrating Accountability Focused on achieving results that address the needs of the community. W:3 or NIL Anatomy ofa Service -Based Budget Service -Based Budgeting Customer Focused • Performance Driven Results Oriented • Community Outcomes Service Levels Resources Measure- ment Ah SCENARIO 2: VACANT BUILDINGS THAT APPLY TO CURRENT BY -LAW AND PROPOSED DERELICT BUILDINGS BY -LAW Currently 100 Buildings Assume approximately 10 additional buildings per year 2012 Service -Based Budget 130 I r SAINT JOHN STATUS QUO OPTION A OPTION B OPTION C OPTION D UNLIMITED 3.5 YEARS 7 YEARS 10 YEARS 20 YEARS CASELOAD 8 Cases/ year 40 Cases / year 25 Cases / year 20 Cases/ year 15 Cases year ADDITIONAL No additional staffing $0 2 Standards Officer (Sr) $184,850 1 Standards Officer (Sr) $92,425 1 Standards Officer (Sr) $92,425 1 Standards Officer (Sr) $92,425 STAFFING 1 Asst. Bldg Inspector $59,025 1 Asst Bldg Inspector $59,025 1 Asst Bldg Inspector $59,025 1 Admin. Assistant 3 $45,248 1 Admin Assistant 3 $45,248 1 Admin. Assistant 3 $45,248 1 Admin Assistant 3 (PT) $22,624 ADDITIONAL Overhead SO 2 Vehicles / overhead $29,950 Vehicle/ overhead $16,776 Vehicle/ Overhead $15,683 Overhead $3,644 EXPENSES Appeals / doct service $0 Appeals / doct service $16,000 Appeals / doct service $10,000 Appeals / doct service $8,ODO Appeals / doct service $6,000 Legal resources SO Legal resources $71,000 Legalresources $63,000 Legalresources $60,000 Legal resources $57,000 Demolitions $0 Demolitions $192,000 Demolitions 5102,000 Demolitions $72,000 Demolitions $42,000 TOTAL ADDITIONAL SO $598,073 $388,474 $329,757 $246,317 FUNDING /YEAR 2012 Service -Based Budget 130 I r SAINT JOHN Policy document that supports accountability for results. Budget decisions based on service planning and financial analysis... lower priorities have to give way to higher priorities when resources are limited. Tool for making services more effective and efficient through planning and analysis. Flexibility to respond to a changing environment. 2012 Service -Based Budget 131 SAINT JOHN I Set and communicate direction for service - based budget preparation and presentation Develop service level alternatives Develop revenue and expenditure projections (next three year period) Review Council's Priorities Review revenue and expenditures projections Presentation of service level alternatives — on a program by program basis 2012 Service -Based Budget 132 Work with Council to identify service level objectives and priorities Build 2012 budget with stated service level objectives and required resources lr SAINT JOHN Service Process Council's Priority Roadway Surface Maintenance Implement recommendations for improvements to the City's roads using PCI measures and increase funding to enable a more aggressive maintenance program. Current Service Level Service .. To maintain streets to an acceptable standard to ensure safety, extend service life, and achieve the best value for the investments made in these public assets. Asphalt maintenance of roadway surface to maintain a network PCI of 70. # lane km of resurfacing # lane km of other PM # potholes and asphalt repairs Wages and Benefits: $ * ** * ** Other Expenditures: * ** * ** Total $ * ** * ** Ensures safety, extends service life, and achieves the best value for the investments made in the City's road network. Maintain network PCI of 75 — address outstanding backlog of streets below critical PCI. (T) # lane km of resurfacing # lane kilometres of other PM # potholes and asphalt repairs Wages and Benefits: $ * ** * ** Other Expenditures: * ** * ** Total $ * ** * ** Addresses streets below critical PCI resulting in a potential long term savings on street maintenance — less likelihood of expensive reconstruction. 2012 Service -Based Budget 133 Decrease in PCI to 68. (J,) # lane km of resurfacing # lane kilometres of other PM # potholes (only — no repairs) Wages and Benefits: $ * ** * ** Other Expenditures: * ** * ** Total $ * ** * ** Less attention to subdivision streets affecting the livability of neighbour- hoods and likely citizen satisfaction. Greater long -term rehabilitation costs related to total reconstruction requirements. SAINT JOHN REPORT TO COMMON COUNCIL July 15, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Common Council: SUBJECT: Customer Service Project Update The City of Saint John Attached for your information is a copy of a presentation to provide an update on the Customer Service Project that will be given at the July 18, 2011 meeting of Saint John Common Council. Respectfully submitted, Kim Graham Manager, Programs and Priorities L� trick Woods City Manager 134 135 • Consistent approach to respond and follow up on citizen requests for information or service delivery • Processes to manage, monitor, and measure customer service requests and subsequent service delivery • Enhance call access by moving to one contact number for non - emergency requests • Improve service through well- trained employees committed to providing quality customer service U, 4911 ICCS Model Citizen Needs and Expectations Priorities for Service Improvement Access Citizen Satisfaction Service Delivery Customer Service Plan Customer Service Model • Centralized call taking model • Implementation and transition plan • Guidelines to direct CSR in handling service requests (inclusive of SLAB) Customer Service Pol & Standards • Commitment and guiding principles to providing good customer service • Standards and measures related to service requests (not delivery) Service Request Mapping and SLAB • 'Current day' service request maps • Service level agreements related to response for service delivery Technical Implementation • Installation and configuration of hardware and softwa Training Identification, design, and delivery of training required to implementthe model to successfully meet objectives Project Management Plan. execute, and monitor the oroiect oroeress. Customer Service Model Key Drivers of Quality Service Customer Service Project Citizen needs and Balance public interest with individual Customer Service Policy & expectations service needs and expectations Standards Service Request Mapping & SLAs Service access Minimize barriers to citizen access to Implementation Model service Service delivery Address the most important Customer Service Policy & determinants of quality service Standards • Timeliness Service Request Mapping & SLAs • Competence Customer Service Training • Courtesy • Fairness • Outcome Citizen satisfaction A citizens experience when requesting Customer Service Policy & service Standards A citizens experience with service Service Request Mapping & SLAs delivery Customer Service Training Priorities for A citizens experience (specific and Customer Service Policy & improvement general) Standards Reporting and analysis of calls as part of ongoing operations ti IN r JOHN 139 • Planned, managed and coordinated effort • Utilize subject matter experts particularly related to managing customer records and privacy concerns • Facilitated approach to working with service areas to define and develop a customer service solution • Phased implementation with Phase 1 of the project focused on most frequent service requests • A soft launch to allow the project team and service areas to test our new procedures U, 140 Phase 1 — January 2012 • Transition plan for consolidated customer service model and establishment of 1.0 call center • Guidelines for Customer Service Representatives • Customer Service Polices, Standards and Measures related to service access • Selection and implementation of customer service software and hardware • Service request maps and service response agreements for a subset of public services • Training 141 U, �',I\ �' \ (CA � City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: Elizabeth Gormley Phone: (506L658-2862 Fag: 506 674 -4214 Special Instructions (if any): Reference: Lands Adjacent to 460 Latimore Lake Road Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, June 7'h, 2011 Tuesday, June 28 'h, 2011 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal IN Public Notice Sub - Headline (if a licable ): Text: INSERT ATTACHED Call to Action: Elizabeth Gonnley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658 -2862 142 PROPOSED ZONING BY -LAW AMENDMENT RE: LANDS ADJACENT TO 460 LATIMORE LAKE ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, July 4, 2011 at 7:00 p.m., by: Rezoning a parcel of land having an area of approximately 35 hectares, located adjacent to 460 Latimore Lake Road, also identified as being a portion of PID Nos, 00333385, 00334599 and 00333419, from "RF" Rural to "PQ" Pits and Quarries, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To pen-nit a gravel pit. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: PROPRIETE ADJACENTE A CELLE SITUEE AU 460, CHEMIN LATIMORE LAKE Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention d'6tudier la modification suivante a l'arr&d sur le zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 4 juillet 2011 a 19 h : Rezonage d'une parcelle de terrain d'une superficie d'environ 35 hectares, etant adjacente a celle situee au 460, chemin Latimore Lake, et formant une partie des NID 00333385, 00334599 et 00333419, de zone rurale « RF » a zone de carrieres v PQ », comme le montre ]a carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Permettre ]'exploitation d'une carriere. Toute personne interessee peut examiner le projet de modification au bureau de la greffiere communale ou au bureau de Furbanisme et du developpement a Ph6tel de ville situe au l5, Market Square, a Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ries. Written objections to the amendment may be sent to Veuillez faire part de vos objections au projet de the undersigned at City Hall. modification par 6crit a ('attention du soussignd a Pb6tel de ville. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Elizabeth Gormley, Common Clerk 658 -2862 Si vous exigez des services frangais pour une reunion de Conseil Communal, s'il vous plait contacter le bureau de la greffi6re communale. Elizabeth Gormley, Greffiere communale 658 -2862 143 0 Q� �e It May 11, 2011 Ken Forrest, MCIP, RPP Director — Planning and Development City of Saint John 15 Market Square Saint John, N.B. E21- 41-1 Dear Mr. Forrest, 515129 NB Inc. has authorized GENIVAR to pursue the rezoning of PIDs 00334599 and 00333419 to allow for a pit operation. Regards, 145 MNJ I4IVA F may .r r i i i c.-. p , ui rimy Uay r rviun iya Stu DUO byD LD1b P.2 May 26, 2011 Ken Forrest MaP, RPP Dirvw or— Planning and Development City of Saint John 15 Market Square Saint John, N.B. E2L 41..1 Dear Mr, Forrest. hereby authorize GENIVAR to pursue the rezoning of a portion of PID 00333355 which wr7i be used to access a proposed pit on PIN 00334599 and 00333419. Regards, 's' f �r(li"✓s cam, :.�C/•''u Dianne AmenauR 146 BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 35 hectares, located adjacent to 460 Latimore Lake Road, also identified as being a portion of PID Nos. 00333385, 00334599 and 00333419, from "RF" Rural to "PQ" Pits and Quarries - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Sea] of the said City to be affixed to this by -law the * day of *, A.D. 2011 and signed by: Mayor/Maire ARRETE No C.P. 110 - ARRETE MODIFiANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifi6 par: 1 La modification de 1'annexe «A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 35 hectares, etant adjacente a celle situ6e au 460, chemin Latimore Lake, et formant une partie des NID 00333385, 00334599 et 00333419, de zone rurale u RF » a zone de carrieres « PQ >r - toutes les modifications sont indiqudes sur le plan ci joint et font partie du pr6sent arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arret6 le 2011, avec les signatures suivantes Common Clerk/Greffiere communale First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisi6me lecture 147 Planning P.O. Box 1971 506 658 -2800 Advisory Committee Saint John v\ New Brunswick Canada E2L 4L1 June 22, 2011 Your Worship and Councillors: SUBJECT: Proposed Rezoning - Lands Adjacent to 460 Latimore Lake Road On June 6, 2011 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 21, 2011 meeting. C' City of Saint John Scott Fash, Steve Langile and Mike Boyle spoke in favour of the application, with Mr Fash indicating he was in agreement with the recommendation contained in the Staff Report. Mr. Fash indicated that the proposed extraction area has been reduced from 86 acres as presented in the application to 23.5 acres based on concerns expressed at a community open house held by the proponent. Mr. Fash also noted that Latimore Lake Road will be accessed via the existing driveway to the gravel pit at 460 Latimore Lake Road, and that development of the proposed pit would be occurring from west to east. It was also noted that the proponent would be extending the length of pavement on the existing access road / driveway at 460 Latimore Lake Road and that there will be no net increase in the area under extraction. Mr. Richard Hachey of 1239 Latimore Lake Road, Ms. Odette McGrath of 31 Lackie Road, Mr. Habib Debly of 815 Latimore Lake Road, Ms. Kim Wilson of Latimore Lake Road, Ms. Carolyn Burtin of 1089 Latimore Lake Road, Mr. Tim McGrath of 31 Lackie Road, and Mr. Calvin Currie of 25 Estate Drive appeared before the Committee and raised concerns including stormwater runoff, siltation, dust, truck traffic, noise and impacts on ongoing residential development in the area. Ms. Odette McGrath also spoke on behalf of the Latimore Lake Community Centre. Mr. Scott Fash and Mr. Stephen Langille reappeared before the committee and addressed concerns raised by the residents. No other persons spoke in favour of or in opposition to the application. Eleven letters were received expressing concerns with and opposition to the proposed development. (copies attached) Following consideration of the report, presentations and letters, the Committee adopted the staff recommendation. .• -2- RECOMMENDATION: 1. That Common Council rezone a parcel of land located adjacent to 460 Latimore Lake Road, having an area of approximately 35 hectares, also identified as being portions of PID Numbers 333385, 334599 and 333419, from "RF" Rural to "PQ" Pits and Quarries. 2. That pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of an area of land identified as located adjacent to 460 Latimore Lake Road, having an area of approximately 35 hectares, also identified as being portions of PID Numbers 333385, 334599 and 333419, with a gravel pit be subject to the conditions that: a) The use of the subject site is limited to the excavation of aggregate material and will not include any blasting, quarrying or on -site processing of materials; b) Excavation will be limited to a maximum 4 hectare (10 acre) area on the subject site at any one time and the excavation area shall not increase until such time as the prior area has been fully rehabilitated according to standards contained in the "PQ" Pits and Quarries zone; c) No part of the excavation area shall be excavated to an elevation lower than approximately 120 metres (395 feet) above sea level; d) Detailed storm drainage plans and a storm water design report must be submitted by the applicant's engineering consultant to the Department of Municipal Operations and Engineering for review and approval prior to the issuance of any excavation permit; e) A water supply must be maintained on -site and be used to limit the amount of dust raised; f) Any equipment used on the site must be equipped with fully functional noise - suppressing mufflers to the satisfaction of the Deputy Building Inspector; and g) Excavation is permitted only between the hours of 7:00am and 6:00pm Monday to Friday; and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. 3. That Common Council authorize the preparation and execution of an agreement between the City and Jerome Langille, owner of the property at 460 Latimore Lake Road (PID 334565), pursuant to Section 101 of the Community Planning Act, setting out the following additional requirements with respect to the existing gravel pit operation thereon: 149 -3- a) The owner shall pave with asphalt a distance of 400 metres (1,312 feet) back from the existing paved portion of the access prior to the commencement of any excavation activity on the lands to be rezoned. b) The owner shall reduce the area excavated from the pit at 460 Latimore Lake Road in an amount equal to the area being excavated from the proposed pit so that there shall be no net increase in extraction activity following rezoning of the subject site. c) The agreement is null and void if the rezoning of the subject parcel of land mentioned does not become effective. 4. That Common Council not give third reading to the rezoning until the recommended Section 101 agreement has been executed. Respectfully submitted, Erik Kraglund Vice Chairman Project No. 11 -158 150 DATE: ffel FROM: JUNE 17, 2011 PLANNING ADVISORY COMMITTEE PLANNING AND DEVELOPMENT FOR: MEETING OF JUNE 21, 2011 aHerring, MCII', P ien Forres�tM , C P Planner Commissioner SUBJECT: Name of Applicant: Genivar (for Fundy Bay Sand & Gravel Inc.) Name of Owner: 515129 NB Inc. and Dianne Arsenault Location: Lands Adjacent to 460 Latimore Lake Road PID: Portions of 333385, 334599 and 333419 Municipal Plan: Rural Zoning: Existing: "RF" Rural Proposed: "PQ" Pits and Quarries Proposal: To establish a gravel pit. Type of Application: Rezoning. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. Common Council will consider the Committee's recommendation at a public hearing on Monday, July 4, 2011. (a)— SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaingohn.ca I C -P. 1971 Saint John, N. -B. Canada E2L 4L1 151 Genivar Page 2 Lands Adjacent to 460 Latimore Lake Road June 17, 2011 STAFF RECOMAffNDATION TO COMMTTEE: 1. That Common Council rezone a parcel of land located adjacent to 460 Latimore Lake Road, having an area of approximately 35 hectares, also identified as being portions of PID Numbers 333385, 334599 and 333419, from "RF" Rural to "PQ" Pits and Quarries. 2. That pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of an area of land identified as located adjacent to 460 Latimore Lake Road, having an area of approximately 35 hectares, also identified as being portions of PID Numbers 333385, 334599 and 333419, with a gravel pit be subject to the conditions that: a) The use of the subject site is limited to the excavation of aggregate material and will not include any blasting, quarrying or on -site processing of materials; b) Excavation will be limited to a maximum 4 hectare (10 acre) area on the subject site at any one time and the excavation area shall not increase until such time as the prior area has been fully rehabilitated according to standards contained in the "PQ" Pits and Quarries zone; c) No part of the excavation area shall be excavated to an elevation lower than approximately 120 metres (395 feet) above sea level; d) Detailed storm drainage plans and a storm water design report must be submitted by the applicant's engineering consultant to the Department of Municipal Operations and Engineering for review and approval prior to the issuance of any excavation permit; e) A water supply must be maintained on -site and be used to limit the amount of dust raised; f) Any equipment used on the site must be equipped with fully functional noise- suppressing mufflers to the satisfaction of the Deputy Building Inspector; and g) Excavation is permitted only between the hours of 7:00am and 6:00pm Monday to Friday; and further that upon the rezoning of the area, the land and any building or structure thereon must be developed and used in conformity with the proposal and conditions identified herein. That Common Council authorize the preparation and execution of an agreement between the City and Jerome Langille, owner of the property at 460 Latimore Lake Road (PD) 334565), pursuant to Section 101 of the Community Planning Act, setting out the following additional requirements with respect to the existing gravel pit operation thereon: 152 Genivar Page 3 Lands Adjacent to 460 Latimore Lake Road June 17, 2011 a) The owner shall pave with asphalt a distance of 400 metres (1,312 feet) back from the existing paved portion of the access prior to the commencement of any excavation activity on the lands to be rezoned. b) The owner shall reduce the area excavated from the pit at 460 Latimore Lake Road in an amount equal to the area being excavated from the proposed pit so that there shall be no net increase in extraction activity following rezoning of the subject site. c) The agreement is null and void if the rezoning of the subject parcel of land mentioned does not become effective. 4. That Common Council not give third reading to the rezoning until the recommended Section 101 agreement has been executed. BACKGROUND: On June 21, 1994, the Planning Advisory Committee approved the subdivision of the Arsenault property (PID 333385) into two unserviced residential lots, one containing an existing dwelling and the other being the remainder of this long narrow property. However, the final subdivision plan was never submitted to the Development Officer for approval. On October 17, 1994, Common Council approved the placement of a mobile home on the Arsenault property for a period of one year. Common Council renewed this approval several times, the last approval date on record being June 9, 1997 for an additional one -year period. The original house on the property was subsequently torn down and the mobile home was relocated in compliance with the Zoning By -law. On February 13, 2001, the Planning Advisory Committee approved, for a temporary period of one year, the use of the front portion of PID 333419 as the means of access from Latimore Lake Road to a temporary woodcutting operation on the "RF" Rural zoned portion of the James E. Boyle property (PID 333419 and 334599, now owned by 515129 N.B. Inc.). The Committee's approval was required because the portion of the Boyle property that abuts Latimore Lake Road is zoned "RS -1M" One and Two Family and Mobile Home Suburban Residential, which does not permit a woodlot or woodlot access. The woodlot operation could have been accessed directly from the end of Lackie Road with no additional required approvals, because the portion of the property abutting Lackie Road is zoned "RF" Rural. However, the proponents were of the opinion, and the Committee agreed, that the proposed access directly to Latimore Lake Road would be less disruptive. On September 3, 2003 the Planning Advisory Committee approved a variance to permit the driveway at 460 Latimore Lake Road to be widened from a maximum of 11 metres (36 feet) to a 153 Genivar Page 4 Lands Adjacent to 460 Latimore Lake Road June 17, 2011 maximum of 15.6 metres (51.2 feet) on condition that the driveway be paved for a distance of 30 metres (100 feet) back from the road. On May 24, 2005 Common Council denied an application to rezone the subject site, lands adjacent to 460 Latimore Lake Road being portions of PID Numbers 333385, 334599 and 333419, from "RF" Rural" to "PQ" Pits and Quarries to permit a gravel pit. The Planning Advisory Committee had also recommended denial of the application on May 17, 2005. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments regarding the proposed rezoning of the lands adjacent to 460 Latimore Lake Road: - There is no municipal water and sanitary infrastructure. Should any extension of infrastructure be required, it would be the full responsibility and cost of the applicant/owner; - Detailed storm drainage plans and a storm water design report must be submitted by the applicant's engineering consultant to this Department for review and approval; - The applicant is responsible for obtaining all necessary municipal permits; - It should be noted that with the proposed nature of the business for this site, it is the owner's responsibility to maintain the existing street surface free from any foreign matter that may result from the transporting of product from the site; - From the application, this site does not provide for a direct access from Latimore Lake Road. Access to the proposed site has been shown to be by way of an existing access (via PID 334565) off Latimore Lake Road. The proposed access for the subject site also indicates crossing over private lands (PID 333385). Any arrangements for this private access must be secured by the applicant with the land owner. Should direct access to Latimore Lake Road be required, the applicant's engineering consultant must submit a detailed plan indicating the grade, size and location of any proposed access to Latimore Lake Road to this Department for review and approval. It is assumed that large vehicles would utilize this site and precautions must be taken to ensure suitable entry/exit locations with required site distances for the proposed use. The applicant's traffic engineering consultant must ensure that proper site distances are available for any proposed new direct access to Latimore Lake Road. Building and Technical Services advises that gravel pits have presented significant issues for residents of the Latimore Lake area. They have had to put up with dust, noise and volumes of 154 Genivar Page 5 Lands Adjacent to 460 Latimore Lake Road June 17, 2011 heavy truck traffic and have been forced to expend great efforts in opposing the substandard operation or further expansion of pits in their area. The proposal places the excavation area a significant distance from the existing operation at 460 Latimore Lake Road and from the dwellings on Lackie Road. However, it also places the site upwind of the new subdivision at Estate Drive and Kimberley Street. The consultant made no mention of prevailing winds and whether any dust would be carried from the proposed pit to that residential area. If the proposal is approved we suggest the following conditions be attached to the development in addition to those already contained in the Pits and Quarries standards of the Zoning By -law: - No aggregate processing to take place on the new site. It must all be processed at 460 Latimore Lake Road; - Any equipment used on the site must be equipped with fully functional noise - suppressing mufflers; - A water supply must be maintained on -site and be used to limit the amount of dust raised; - The operation should be required to shut down if the wind velocities exceed a set speed; - Absolutely no blasting allowed; - The working face of the site must be closely limited so as to minimize the possibility of dust being raised; - Hours of operation should be reduced below those allowed by the Pits and Quarries standards so that the pit does not intrude on people's early mornings or supper hours. Fire Department has been advised of this application. Saint John Police Force has been advised of this application. N.B. Department of Environment previous l advised (for the 2005 rezoning application) that an initial review of the subject proposal was completed. The following comments do not relieve the proponent from compliance with applicable provincial and federal acts and regulations. If the operator is just removing aggregate there is no Approval to Operate required. If there are plans to blast, crush or wash, an application form requesting Approval of a Source should be submitted to the department for review. 155 Genivar Page 6 Lands Adjacent to 460 Lattimore Lake Road June 17, 2011 - Please be aware and make the developer aware of Petroleum Storage and New Brunswick's Used Oil Program. - Complaints are received in regards to dust, noise and runoff from the site at 460 Latimore Lake Road. These issues should be taken into consideration. - Site runoff from 460 Latimore Lake Road has been impacting watercourses in the area due to the lack of an appropriate drainage system. Further excavation in this area without appropriate drainage will increase the impacts to the watercourses. - What about rehabilitation of the site at 460 Latimore Lake Road? - Siting standards recommend that: o the final perimeter of a pit shall not be located within 100 metres (328 feet) of a private water supply well or 300 metres (1,000 feet) of a commercial, industrial, agricultural or communal well; o an undisturbed buffer strip shall be maintained at least 50 metres (164 feet) wide between the final perimeter of a pit or quarry and any residential boundary. The Department of Environment has also advised that concerns regarding water quality for the adjacent residential subdivision at 880 Latimer Lake Road were brought to the city's attention in 2005 and that the proximity of wells to conflicting land -uses may potentially pose a threat to the water quality of the area, Brunswick Pipelines and Maritimes & Northeast Pipeline advise that the subject site is "all clear ". ANALYSIS: Site and Neighbourhood The subject site is a 35 hectare (86 acre) parcel of land comprising portions of three large properties (PID 333385, 334599 and 333419) in the Latimore Lake Road area of the City, as illustrated on the attached map. The three properties, of which the subject site forms a part, extend approximately 2 kilometres (11/ miles) southward from Latimore Lake Road and Lackie Road toward Beaver Lake. The portions of these properties that make up the subject site are located about half way between the northerly and southerly ends of these three properties. As noted in the Background Section of this report, two of the three properties were logged about ten years ago. 156 Genivar Page 7 Lands Adjacent to 460 Latimore Lake Road June 17, 2011 The Latimore Lake Road area is a semi -rural area of the City that has developed residentially in a linear fashion along the main road, with some additional residential development on short dead - end side streets, such as Lackie Road, as well as in a large mobile home park. A number of gravel pits are also located in the area on both sides of Latimore Lake Road. The area to the north of Latimore Lake Road, extending toward Loch Lomond Road, lies within the Unserviced Residential designation of the current Municipal Plan. To the south of Latimore Lake Road, the Plan designation is also Unserviced Residential to a point approximately 150 metres (500 feet) south of the road. Beyond that point, including the area of the subject site, the land is designated Rural by the current Municipal Plan. The subject site is located approximately 510 metres (1,673 feet) south of the end of Lackie Road, approximately 453 metres (1,486 feet) from Latimore Lake Road at the closest point and approximately 208 metres (682 feet) from the closest portion of the Latimer Estates residential development on Estate Drive. Immediately to the east of the subject site is a large property at 830 Latimore Lake Road that consists of a farm and wooded land. Further east is the above - mentioned new rural residential subdivision known as Latimer Estates. The area to the south of the subject site consists of undeveloped woodlands that extend toward the Beaver Lake and Eastern Lakes areas. Immediately to the west of the subject site is a large property (PID 334565) containing the Fundy Bay Holdings Ltd. gravel pit and having civic address 460 Latimore Lake Road. The main working area of this pit operation is generally located to the northwest of the subject site, closer to Latimore Lake Road, although there are several smaller excavation sites to the south of the property, parallel to the subject site. The subject site itself is a partially forested 35 hectare (86 acre) parcel. The elevation of the site ranges from less than 115 metres (3 80 feet) above sea level to a high point that is approximately 150 metres (500 ft) above sea level (see attached contour map). Proposal The applicant is acting on behalf of Fundy Bay Sand & Gravel Inc. The applicant proposes that the subject site be rezoned, from "RF" Rural to "PQ" Pits and Quarries, in order to provide for the extraction of aggregate material from the site. Fundy Bay Sand & Gravel Inc. has entered into an agreement to lease the rights to extract materials from the subject site from the present owner, 515129 NB Inc. An agreement has also been made to access the subject site via the existing haul road for the pit at 460 Latimore Lake Road and crossing over the adjacent property owned by Dianne Arsenault (600 Latimore Lake Road, PID 333385). The applicant indicates in the attached Technical Report that the subject site features a sizeable amount of quality aggregate, and that there is potential for the extraction of approximately 1,299,360 cubic metres of quality aggregate from the site for sale. The applicant intends to start 157 Genivar Page 8 Lands Adjacent to 460 Latimore Lake Road June 17, 2011 excavating at the southwest comer of the subject site and finish at the northeast corner of the site at an undetermined point in the future (the exact timeframe for extraction is unknown and, presumably, would depend on market conditions). The operation will be limited to gravel excavation and will not include quarrying or blasting. The applicant has also pointed out that this proposal meets or exceeds all requirements of the "PQ" Pits and Quarries zone standards and that Fundy Bay Sand & Gravel Inc. has proposed additional measures to mitigate impacts on the surrounding residential area. Beginning excavation at the point furthest from residential development will allow the existing hill and subsequent sloped to act as a buffer between the excavation and residential development, and significant portions of the subject properties will remain undisturbed, with mature vegetation acting as a vegetated buffer around the proposed pit to help mitigate noise and dust levels. Fundy Bay Sand & Gravel Inc. also proposes to reduce the extraction activity of the existing pit at 460 Latimore Lake Road as extraction begins on the subject site, resulting in no net increase in extraction activity despite the creation of a new pit. Additionally, extraction will be limited to a maximum area of 4 hectares (10 acres) at any one time. As previously noted, the proposed pit will utilize the existing access to Latimore Lake Road at 460 Latimore Lake Road, and the proponent has offered to pave an additional 400 metres (1,312 feet) of the access road to further mitigate dust levels. Current Municipal Plan Policies As noted above, the subject site and surrounding area as far north as the south side of Latimore Lake Road is designated Rural by the current Municipal Development Plan. Further north, including both sides of Latimore Lake Road and the entire area extending to Loch Lomond Road and beyond, the designation is Unserviced Residential. The current Plan has specific policies respecting pits and quarries, which are contained in Section 2.4.3 of the Plan. These policies were developed and incorporated into the Plan in 2001 as a result of the Pits and Quarries Aggregate Resource Strategy, which had been prepared by the City in 1994 in response to Common Council's request for a review of the development process for pits and quarries in the City. The 1994 report's most important recommendation was that excavation be removed as a permitted use in the "RF ", "I -1" and "I -2" zones, and that a specific zone, with more rigorous standards than existed at the time, should be created for this activity. The study also included maps and descriptive information that identified areas of the City with significant aggregate resources that, where feasible, should be protected and utilized. Section 2.4.3 of the current Municipal Plan states that extractive industries form an important component of the economic activities in the region and it is the intent of the City to support and encourage their continued operation as a contribution to the economic health of the community. 158 Genivar Page 9 Lands Adjacent to 460 Latimore Lake Road June 17 2011 It is also recognized, however, that pit and quarry operations constitute a disturbance and hazard to nearby urban uses. Pits and quarries are not regarded as permanent land uses and therefore they are not designated on Schedule 2 -A of the Plan. The Plan intends that such activities will be controlled through specific rezonings to the "PQ" Pits and Quarries zone, and then later rezoned to a zone compatible with the underlying land use designation (in this case Rurao. This approach allows for a review of proposed new operations, such as the present proposal, and a decision by Common Council as to whether or not they may be established. In addition to determining whether or not the proposed location of a pit or quarry is appropriate, the Plan indicates that it is the City's intent to control the day -to -day operation of such uses with respect to such matters as: - hours of operation, - site development measures to assist in the control of smoke, dust, odours, toxic materials, vibration and noise, - setbacks, yards and separation from existing roads or uses, - visual screening, - location of buildings and equipment, - safety and protective measures, - location of entrances and exits, and the designation of hauling routes, - signs and landscaping, and - progressive rehabilitation. The above matters have been incorporated into the standards of the "PQ" Pits and Quarries zone and are enforced through the zoning and through Excavation Permits. Growth Strategy The City has recently adopted a Growth Strategy as a first step in the creation of a new Municipal Plan. Although the Growth Strategy does not have statutory authority, it is useful as a reference to the likely direction of future planning policies for the City. The Growth Strategy places the area (including the subject site) outside of the Primary Development Area, suggesting that it will not be required or appropriate for future residential or other forms of urban development over the 159 Genivar Page 10 Lands Adjacent to 460 Latimore Lake Road June 17, 2011 life of the new Municipal Plan. These areas outside of the Primary Development Area are considered appropriate for resource- related uses, such as the current proposal. Proposed Rezoning The Latimore Lake Road area of the City is recognized as having a significant aggregate resource. As noted previously, a number of pits already operate in the area, including the existing Fundy Bay Sand & Gravel Inc. pit on the adjacent property to the west. At the same time, the area includes significant pockets of residential development along the main road in the area. Historically, land use conflicts have occurred between these two types of uses in the community, particularly with respect to noise, dust, truck traffic and visual impact. This has been especially the case where the two land uses are in close proximity to each other. All of the existing pits in the area, including the Fundy Bay Holdings pit, pre -date the new "PQ" Pits and Quarries regulations and have been excavated closer to the property lines than would be allowed under the present -day standards. The area to be rezoned is located a minimum of 208 metres (682 feet) from the nearest existing residential use. The proposed pit itself will be further separated from the surrounding area by a 30 metre (100 foot) on -site buffer area, thereby increasing the actual separation distance to approximately 483 metres (1,585 feet) from Latimore Lake Road and approximately 238 metres (780 feet) from the residences on Estate Drive. These separations greatly exceed the Department of Environment's setback standard of 50 metres (164 feet) and the City's "PQ" standard of 150 metres (500 feet) of a pit from any residential property. Unlike the older existing pits in the area, the proposed pit will be required to comply with all of the standards that have been developed as a result of the recommendations of the Pits and Quarries Aggregate Resource Strategy, including progressive rehabilitation. However, the potential for land use conflict remains and due to the concerns of surrounding landowners, Section 39 conditions limiting the extent, depth and times of excavation activities are recommended to mitigate the impacts on surrounding residential uses. Limiting excavation activities on windy days, as recommended by Building and Technical Services in their comments, would be beneficial but problematic for the City to enforce. It should be considered by the applicant in order to mitigate the spread of dust from the subject site. It is recommended that the final elevation of the excavated area not be lower than approximately 120 metres (395 feet) above sea level to prevent the creation of a "hole ". The maximum area to be excavated at one time should be restricted to a maximum of 4 hectares (10 acres) as proposed by the applicant. 160 Genivar Page 11 Lands Adjacent to 460 Latimore Lake Road June 17, 2011 Additional Considerations with Resaect to the Existing Pit at 460 Latimore Lake Road The application for rezoning only applies to the subject site and, therefore, any Section 39 conditions can be imposed only with respect to the area to be rezoned and not with respect to the existing pit on the adjacent property at 460 Latimore Lake Road. However, in conjunction with this application, the applicant has offered to do certain work on the property at 460 Latimore Lake Road to mitigate existing concerns. Section 101 of the Community Planning Act provides that, where a developer proposes to establish conditions for a development that are additional to those required by a zoning by -law, Common Council may enter into an agreement with the developer to assure the performance of the additional conditions. These additional conditions must be matters that are freely proposed by the developer. The applicant has offered to do the following if the City approves the rezoning application: - paving an additional 400 metres (1,312 feet) of the access road on 460 Latimore Lake Road that would be utilized by the proposed pit on the subject site; - reducing the extraction activity of the existing operation as extraction begins on the proposed site. "The end result will be no increase in extraction activity. For instance, if he is extracting 10 acres on the proposed site, his extraction activity on the existing site will reduce by 10 acres during the same timeframe." This offer by the applicant has been authorized by the owner of the existing pit property, Jerome Langille, who is the president of Fundy Bay Holdings Ltd. and would be a party to the Section 101 agreement. The proposed modifications to the existing pit access and extraction represent an opportunity to obtain improvements, not otherwise available, that should reduce its impact on the nearby residential area. Detailed plans illustrating these improvements will need to be prepared, and attached to the agreement, so that there is no misunderstanding as to the nature of the work and location and extent of the area to be excluded from excavation activity. CONCLUSION: The subject site is located in an area of significant aggregate resources and is adjacent to an existing "PT zone. Additionally, the Growth Strategy upon which the new Municipal Plan will be based identifies this area of the City as being appropriate for resource- related uses. The proposed excavation area is separated from the nearest existing residential property by 238 metres (780 feet) and the area between the proposed pit and other uses currently contains mature vegetation which the applicant intends to maintain as a buffer. Approval, with conditions as noted, can be recommended. In addition, due to the offer of the applicant to make modifications 161 Genivar Page 12 Lands Adjacent to 460 Latimore Lake Road June 17, 2011 to the existing pit operation in conjunction with this application, the proposed rezoning represents an opportunity to obtain improvements to the existing situation that will reduce the impact of the existing pit, which is much closer to nearby residences than the subject site. This is an important consideration in staff's decision to support the proposal. SKH Project No. 11 -158 162 163 a,� wy .Nif VOIL 4o a,& ovzlL 165 �t �a ti 1'11>� 6yn79 d �oun G Z _ 0 o ,s �- Y` e Zo r� era �° ►� � ,c, G-4 R0 0.-C 7-2 /"1 /i/e tAl ;c� L L� ✓2. 61'1 -- `/ d e-t. r-S 51/1 C, a r- x, / i/ ho% r S� 74, T6-1 t` 166 J e og-- 1 Co O^nnay \� ry o� N a n,n o \dam s`, \/'o Co; �� r� W�,,� x1 --� r1c .Q Y'A L),i.��'FU►'� f Y1��'1 �,J'� � Q' � ���.- .G�C�;i,e \1- 3 v1 ►S Qt'�q, �G � � ' ""�J �� a i c - � a``( g o+ t s a S u v� Ce 167 Latimore Lake & Area Community Association Inc. 615 Latimore Lake Road, Saint John, N.B. E2N 1X4 June 16, 2011 -06 -20 Planning Advisory Committee P.O. Box 1971, Saint John, N.B. E2L 4L1 I am writing you on behalf of The Latimore Lake Community Center to oppose the rezoning of a parcel of land adjacent to Fundy Bay Holdings Ltd. Property @ 460 Latimore Lake Road. We have been running a Summer Program for children from the ages of 5 -12 years o age for the past 6 years, and this year our program begins on June 27 hand runs until September 02\ 2011. Our hours of operation are between 7.30 am- 5.30 p.m. from Monday- Friday. Due to the amount of dust in the air, as well as the amount of trucks on the roads, we feel this will cause children with allergy problems to not be able to participate in our out -door activities. In the previous years, we have had gravel trucks pull into our parking area @ the Community Center while children have been out -doors involved in an activity. We hope you will please take this into consideration when making your decision. Thank -you, Latimore Lake and Area Community Association Inc. C person DEVEL0 Odette McGrath V� 2 211 6/20/2011 Richard & Jean Hachey 1239 Latimore Lake Road Saint John N.B. E2N 1Y8 Planning Advisory Committee City Of saint John, P.O.Box 1971, Saint John N. B. E2L 4L1 To Whom It May Concern We are writing to oppose the rezoning for a Gravel Pit to the lands adjacent to 460 Latimore lake Rd. We have lived in Latimore Lake for More Then SO years and have seen many changes in our neighborhood. The ones that cause the most problems are the Gravel Pits. The dust and noise is bad enough now without adding another pit. There is also the concern of increased truck traffic. Please send the message to the people of Latimore Lake that we are a more valuable asset then dirt's by rejecting this application. / Sincerely yours �`� Richard & Jean Hachey 169 '\SN 11 TV Reade, Mark From: Lockhart, Lynda Sent: June 21, 2011 3:59 PM To: Reade, Mark; Forrest, Ken Subject: FW: regarding proposed gravel pit Lynda Lockhart Planning and Development /Urbanisme et Developpement The City of Saint John T: (506) 658 -2835 F: (5D6) 658 -2837 AThink before you print From: Thomas Christensen [mailto:trchristensen @msn.com] Sent: Tuesday, June 21, 20113:37 PM To: Lockhart, Lynda; Thomas Christensen Subject: regarding proposed gravel pit June 21st 2011 Good day Lynda Lockhart Regarding the proposed expansion of Fundy Bay Holdings to expand their quarry operations in our neighbourhood. My direct concern to this matter has to do with the effect of the possible change in the water table. All the homes in the area are on there own wells, and any change in the geography may affect the level of the present water levels. What guarantee, if any, would this company make to the residents of the Latimore Lake area. Also another concern is the possibility drilling & blasting in this area. Could it damage our foundations. What guarantees will they supply to us as residential citizens. Fundy Bay Holdings has a business in the area, but we live & reside here. We as a community make our homes here & raise our families. This is our home. Respectfully Thomas Christensen 700 Latimore Lake Road Saint John NB E2N 1X7 170 Dear Planning Advisory Committee Members, Re: Proposed Rezoning for Gravel Pit Lands Adjacent to 460 Latimore Lake Road am writing to you in concern of the purposed rezoning of approximately 35 hectare of land adjacent to the Fundy Bay Holding Ltd (PID 333385, 334599, and 333419), We live on Estate Drive; our houses will be the closest (785 feet) to the "new" gravel pit site if the application for rezoning is approved. The "new" gravel pit will end up depreciating the value of our newly built home (the average home in our new subdivision starts around $175 000), our quality of life will be changed due to the increased dust in the air and noise pollution, and heavy tuck traffic on the Latimore Lake Road. This means that during the summertime we will not be able to have our windows open, we will be forced to clean our ventilation unit more often, and my wife's asthma will be worsen due to the increased dust. Studies have show that rock dust can cause bronchitis, asthma, and chronic obstructive pulmonary disease also known as (COPD), I work in heavy construction /industry; it's dusty, dirty, and noisy all day, When I come home in the evening I don't want to have to put up with noise, vibrations and dust of crushers and heavy machinery working till dusk. We have lived in Saint John for over six years. When we first moved to the city we lived uptown, where it was dusty, dirty, and noisy. When we decided to build our house inside the city limits we chose this area due to the accessibility to the amenities and the peace and quite. We knew three years ago that there were three gravel pits in the area we were planning on moving to and accepted it due to the distance they were from our lot. However, if there would have been a gravel pit 785 feet from our new house, we would have looked elsewhere to build. The subdivision we live in is to expand to 150 homes or more. The expanded gravel pit would also affect the decision of potential new home buyers to be reluctant to build in this area. We pay just as much in taxes as people who live in the city core do (on average $2700 a year), and they would not want this in there back yard. The heavy truck traffic will be increased on our road, and the quality of the road will also suffer. The Latimore Lake Road is already in poor condition due to all the heavy truck traffic it has endured over the past years. In addition, one would not feel as safe walking on the side of the road (due to the lack of sidewalks) with children or pets with these trucks constantly hauling, and spewing black diesel fumes; nevertheless the increased chances' of debris damage to our vehicles due to these trucks. What will this do to our water table? We all have wells in the area since there is no city water available to us; this purposed gravel pit is up hill from us. Everyone knows that water flows downhill... The water on our property is good water; we do not need a water softener, or charcoal filtration to remove foul taste and odour. One drop of oil can render 25 litres of water unfit for human consumption. All heavy machinery leak oil at one time or another, this gravel pit is purposed to have good useable gravel for the next 15+ years... Would you want your water table contaminated by petroleum products? 171 We the community could end up being in the same predicament as people in the Penobsquis area who have had there water tables contaminated due to industry, In furthermore the "new" gravel pit will be zoned Pits and Quarry, this would also give the owner a chance to blast rock if need be. This would be a serious safety concern for us living near by. Studies have shown that blasting can cause damage to water tables, render water undrinkable or even worse collapse water tables and have our wells dry up. We were informed by community members that blasting has happened in the past on the old gravel pit site. Siltation is another issue which can arise from the gravel pit being this close to our homes. We all have a septic field on our properties since we have no sewage hook up from the city. The cost to replace a septic field can cost anywhere from $8000 and up. In conclusion, we would like of the Planning Advisory Committee to respect our views on this purposed "new" gravel pit application. We the community feel that the heaith and well being of the community would be better off not having another, gravel pit in our back yard due to the concerns that were raised above. Regards, ,Jonathan Gammon Shannon Goodine 172 June 20th, 2011 j Planning Advisory Committee Members: 1 Regarding Proposed Rezoning for Gravel Pit lands adjacent to 460 Latimore Lake Road my husband Steven O'Brien and myself, Paula O'Brien, homeowners of 841 Latimore Lake Road are opposed to this rezoning. On the grounds of more vegetation will be removed from the high ground in the proposed excavation exposing surface water to run off, potential disturbance to ground water. We are directly downwind of the proposed site which will expose us and our two young children to dust and noise. The current condition of sections of Latimore Lake Road are not fit for passenger vehicles let alone more truck traffic. Both family vehicles have sustained damage to paint, glass and grill from ever present stones on the road when gravel trucks are in operation. Plus note stones were from oncoming passenger vehicles not the gravel trucks directly. There seems to be a past history of least then perfect practices pertaining to the current Fundy Bay Holdings Ltd. It is our understanding the current pit is virtually depleted with no buffer zones in place and little remediation concerning the time frame of the depletion. If best practices were not followed in the past then why would they in the future. If current laws have changed to encourage best practices then why would a company that states it believes in the community have not followed good practices in the past. Being residents of approximately 9 years it was our understanding when we moved to Latimore Lake Road that the current operational gravel pits were in their final years of operation and we accepted that fact. And that any lands already zoned pits and quarries we could also accepted. However, current lands that are not zoned pits and quarries we are strongly opposed to as it affects our quality of life for our children and ourselves for the next 15 -25 years. Thank you for your time and consideration. Sincerely pa�- Paula O'Brien �Hg�- � Steven O'Brien Residents of 841 Latimore Lake Road 173 a JUN 242011 Douglas /Charlene Parfitt 41 Lackie Rd. Saint John, NB E2N 1X6 JUN 202011 June 19, 2011 To members of PAC, Mayor, and Council. 1 Once again we are writing in response to a request for rezoning by Fundy Bay Sand & Gravel. This particular request is to rezone a parcel of land, approximately 500 metres from our home to establish a new gravel pit. It has been 20 years for us that these requests have been coming and our position has not changed. We urge you members of Common Council and the Planning Advisory Committee to reject this yet another request to infringe on this residential area. As residents of Lackie Rd. we have put up with the present and past Gravel Pits over the years and do not feel we should have to endure any new ones along with the additional noise, dust and truck traffic that goes with it. We have heard of promises over the years to comply with regulations such as buffer zones, leveling and regreening of existing pits but I guess these promises must have been dependant on their requests being granted since very little has been done in the way of rehabilitation. 174 This particular piece of property owned by my Grandfather was sold to the present owner's father with the hope it would stay out of the gravel company's hands for this very reason. Again we strongly urge you to reject this request for the sake of the residents of Lackie Road and Latimore Lake and their hope and right to live in a peaceful, clean and Beautiful environment. Douglas Parfitt - 53 year resident of Lackie Rd. Charlene Parfitt — 32 year resident of Lackie Rd. 175 Tim and Odette McGrath 31 Lackie Road, Saint John, N.B. E2N 1X6 June 17, 2011 JUN 2 p 2011 Planning Advisory Committee, City of Saint John, P. 0. Box 1971, Saint John, N.B. E21- 41-1 We are writing you to oppose the Rezoning for Gravel Pit Lands Adjacent to 460 Latimore Lake Road. The Applicant Fundy Bay Holdings has requested that the subject site, compromising portions of PID 333385, 334599, and 333419, be rezoned from "RF "RURAL to "PQ "PITS and QUARRIES. We have lived in Latimore Lake for 41 years. A big part of the property Fundy Bay Holdings wants to rezone once belonged to my husband's family. When they sold their property to the Boyle family, there was an agreement that the land was never to be used for a gravel pit. At that time my husband's family were offered a higher price for that property by a gravel pit operator, but they sold the property to the Boyle family for less money because they did not want a gravel pit on that property. Fundy Bay Holdings own 175 Acres of property @ 460 Latimore Lake Road that they have used for a gravel pit since 1975. While in operation, this pit has caused the residents in our area a great deal of problems. I and other surrounding neighbours could not open our windows due to the fine particulates coming into our homes. Our homes are constantly covered with dirt. We also cannot hang our cloths out to dry. Our homes have depreciated due to the pits that are in our community. There are: Two Thomas Construction, one Lafarge, and one licensed Fundy Bay Holdings pits that are now in our community. Our health has deteriated due to the siltation in our air that we had to, and still have to breath in every day. We have fears for the safety of our children due to the large gravel trucks that travel on our roads we also hear constantly the sound off large machinery on the operators pits in our community. Due to 176 the siltation constantly blowing from the pits in our area, we cannot go out -doors to enjoy our property. I have been diagnosed with environmental allergies. My Allergy Doctor asked me if I lived near a gravel pit. In 1999, Fundy Bay Holdings began hauling material from their residential zone property @ 475 Latimore Lake Road. When we called City Hall and asked what was going on at 460 Latimore Lake Road, I and other residents in my community were told there wasn't anything going on at that property. We were told by City Manager Terry Totten, that he had spoken with the owner of that property, and the owner denied that the property was being used for the removal of aggregate. In the meantime, Fundy Bay Holdings continued to remove aggregate from the property at 475 Latimore Lake Road, as well as their licensed pit at 460 Latimore Lake Road. They were also stock piling the aggregate from 475 Latimore Lake Road unto their property @ 460 Latimore Lake Road. I began to follow their trucks to see where they were hauling the aggregate to. They were hauling it to the Wal -Mart Land site. I again complained to City Hall, and they finally realized we were telling them the truthl Instead of giving the company a fine for hauling without a license, City Hall requested Fundy Bay Holdings apply for their rezoning. They did apply, but only some residents were notified of the date set for Council. When we appeared at Council, we explained our concerns. Fundy Bay Holdings excuse for hauling from 475 Latimore Lake Road without a license or permit, was because they were depleted @ 460 Latimore Lake Road, and they didn't want to see their men out of work. After hearing the residents' concerns and seeing our areal photo's, Mayor and Council refused Fundy Bay's application for rezoning. Soon after our meeting at council, Fundy Bay Holdings then proceeded to apply @ P.A.C., for a temporary permit to continue hauling from 475 Latimore Lake Road. They were given two temporary permits to continue hauling aggregate off their residential zoned property to the Wal -Mart Land site. There was 18 Thousand tons of aggregate removed from this residential zoned property. Fundy Bay Holdings asked my committee to meet with them to discuss the possibility of continuing hauling @ 475 Latimore Lake Road. We agreed to meet with them. At this meeting, Steven Langille was representing Fundy Bay Holdings, his father's company. His concern was that they were depleted @ 460 Latimore Lake Road, and he would have to lay- off his men. He needed to keep his operation going at 475 Latimore Lake Road in order to keep himself and his workers employed. My committee went back to the residents and we came to the agreement that as long as Fundy Bay Holdings closed down their pit at 460 Latimore Lake Road and rehabilitated that property, we would be alright with them continuing their business at 475 Latimore Lake Road, since they had already extracted from the area, and it would be good for the residents of Latimore Lake to see the 460 pit rehabilitated and shut down so that the wind would not continue to blow particulates on our property and we would not have their trucks coming out from both pits. Another condition was that they rehabilitate as they continue hauling out of 475 Latimore Lake Road, so that we weren't left with a giant mess that was left at 460 Latimore Lake Road. 177 They refused to take this offer ,and we were told in the future they wanted to blast @ 460 Latimore Lake Road They are still active @460 Latimore Lake Road, and have not rehabilitated that area. Last week I received a call from Steven Langille requesting a meeting with the residents to discuss him going to our neighbour's property and extracting aggregate. He again complained they were depleted at 460 Latimore Lake Road and wanted to keep his men working. Steven heard again that we did not want any more gravel pits in our area. He heard our complaints about what it does to our health, as well as what it does to the value of our homes. We are also concerned about the amount of trucks that will be on our roads again. We were supposed to have our roads repaired two years ago. That has yet to happen! When we attended the meeting on June16 @ the Latimore Lake Community Centre requested by Steven Langille, we again told him our concerns, and asked what he is going to do with the pit @ 460 Latimore Lake Road. We were told the property belonged to his father. We were also told that there wasn't any gravel left for sale on this property. It only consisted of clay, sand, and dirty gravel that could not be used for anything. So again we asked him, why would this company keep this pit open? If you want to be a good neighbour, listen to the residents' concerns before coming before us with another plan for another gravel pit, especially on your neighbour's property. How long do you plan on using this property? Who is going to be responsible for the regulating of this operation, Boyle's or Fundy Bay Holdings? Bottom line This is our community! We need to protect our own investments, which is our homes and our health. This is our retirement package. Our community have been impacted for years due to the pits in our community, especially Fundy Bay Holdings pit. Leave us alone. If you're depleted, move on to an area that does not have residential homes around it. We have dealt with this company in the past with their greed and selfishness. They are not interested about our concerns, only about their own interest. We do not want another gravel pit in our community, regardless of any company that wants to extract material for sale! We want some quality of life back in our community. Ten years has passed by, and we continue to hear activity coming from their licensed pit at 460 Latimore Lake Road, but again have been told that this pit is depleted, but it still hasn't been rehabilitated. We were under the understanding that once a pit was depleted, the land was to be rehabilitated and put back to its original use. This does not seem to be happening @ 460 Latimore Lake Road. So that tells us this company must have future plans for this area. We were aware of aggregate being removed for The Latimore Lake Estates, but this is only intended for two years, and for the purpose of new homes. I hope you can understand why we do not want any more pits in Latimore Lake. We have had enough! We ask you to Please take our concerns into consideration and refuse this application, and give us back some quality of life. Thank-you- . � 122W uo�� Tim and Odette McGrath 178 6L� ggQ� t�BZ -9S! ' °N dd b fig, �h �dl�uJ d G��7 ON 1541 %— Q�iQ —Q�� S ;SlJd1aiu At. .fl III i7 1 cn7 — «VU no, OgbJ f. 2 Dear Sir or Madam, My name Is Hablb Debly and I live at 830 Latimore Lake Road with my wife Cara and our four children which range in age from Four years old to fourteen years old. We have lived at this location for approximately nine years and prior to that we spent five years searching for the right rural location to raise our children. At one point during this time we looked at a house and garage on Lackie Road which was priced well below other comparable properties. When we arrived to look at it we immediately noticed the loud noise of constructlon equipment and rocks crushing against steel, possibly a rock crusher or a screening plant? The second thing we noticed was a heavy film of brown grit and dust all over the windows and siding of the house. We quickly realized that we would not raise our family here, regardless of the lesser price. We did like the rural setting of Latlmore Lake and Its proximity to the malls etc., and decided to look For another property in the area. As we continued our search we Found a property that is now our current family home where construction and dust was not an Issue as the noise from Fundy Bay Sand and Gravel was only faint. Our property Is zoned residential and farming. It is home to cows, sheep, goats, chickens and pigs. We actively use 500 meters of our property, from the road going back towards the rear. We have constructed a shale road about this length and are almost done constructing a pasture which goes to the end of this road, This shale road was constructed because we plan to build a retirement home In the back field and the house would be less than fifty meters from the proposed gravel pit. At that point in time, one of our children would takeover the farm. We Intend on keeping this family farm In our family for generations to come and eventually the entire one hundred acre parcel will be used for family and farming. We have noticed that due to the elevation of our properties that we get more wind than most other locations. Due to the locations of the Bay of Fundy we get a lot of winds that blow from the rear of the property where the proposed pit would be situated. This can be proven by looking at the cedar shingles on the rear of the house. They are extremely dark and weather beaten compared to the ones on the front of the house, which are only moderately weathered. With this information in mind we feel that this would put us In line with all the pollution (noise, diesel fumes, dust, etc.) from the proposed pit. This would be much like living at the end of a diesel exhaust plpe. We have purchased four properties in total In this immediate area which total 950 acres plus. Three of these properties have houses on them and they have immediate family living in them, I spend more time and money every year upgrading, Improving, landscaping and adding such things as barns and sheds. We also spend a great deal of time and money on doing Improvements, Inside and out, to these IUN 1 b N" WE ,� «-v no. a4o) r. J properties. We would most certainly not have purchased these properties and Invested In them as we have if the proposed gravel pit had been in existence, As it stands today, we have a great deal of equity built up in these four properties, The properties are currently being reviewed by one of the major banks for financing as the equity In them Is being used to fund renovations on the fifty rental units that we own throughout the greater Saint John area. My ability to borrow against these properties has already become questionable due to the proposed gravel pit next door as it will significantly Impact the value of these properties. I would like to make note that we own a lake at the back of the Fundy Bay Sand and Gravel's existing pit. Under normal conditlons, a lake inside the city Ilmits would have a fair bit of value. Due to the proximity of the two, there would be very little value to the lake. Fundy Bay was operating before I purchased this lake. I was operating our family farm (estate) before this application came in. With that being said we are asking that you do not allow our farm to be turned Into another "worthless" lake. In conduslon, we feel that opening this pit would be a grave Injustice to me, my wife and to our children. We have Invested a lot of time and a great deal of money purchasing and Improving our properties to protect the future of our children as well as that of their chlldren and so on. Our future certainly would not be any where close to what we have dreamed about and planned on if this proposal is put through, This pit being opened would severely degenerate our quality of life. It would also take away from the equity that we have built up which In turn will cause a negative impact on our ability to Improve our real estate holdings in the greater Saint John area. Yours truly, I-laa blz� Habib Debly 181 The Mortgage Planners June 15, 2011 Attention: Habib Debly 11U. 040j r. 4 This letter it to cortrwn that we are tttrrendy revesting financing for your properties located on the Ladmore lake Bond as wen as that of your other real estste holdings. the lender is relying heavily on the value of your personal property and its adjoining parcels on this application en The review is currently on hold until the outcome of the proposed gavel pit is reached as it will have a negative impact on the vaiues of the four Iatimore Lake properties, Cory Watson The Mortgage planners 6"."9 7 4L 40 Aehbum Road, Saint John NB Fs2J $E2 T (5067 642 -8977 • F (506) 6384883 www,t1=wng wl=emu i I Ocean View Cemetery Inc. 715 Latimore Lake Road Saint John, NB 1:2N 1 X8 Phone: 506 - 696 -3565 Fax: 506- 696 -9221 .tune 30, 2011 Citti of Saint John 1'O 1971 Saint John, N13 L2L 41.1 Attention: Mayer and Council Re: Proposed Rezoning Latimore Lake Road I'll) 333385. 334599 and 3331 19 ro Whom it May Concern: We have been informed ofthe proposed zoning application for land adjacent to 460 Latimore Lake Road %Nhich would change it from Rural to Pits and Quarries. With the increasing development in the City of Saint John, we recognize the need for supportive material~ in the firm of sand and gravel that is extracted from surrounding lands. Developrnew provides a strong tax base which alltnvs the city to improve and expand on the services it prov ides to its taxpmers. In some cases, extensive rezoning can create hardships for the families vvho have built their homes in areas that were originally zoned either as residential or rural communities. As we understand it, this seem,, to be the case [or the families \0o reside in the Latimore Lake area. Their concerns regarding the erosion of land, pollution ol' the water table, excessive noise and damage to the roadvva) seems relevant in this situation. With several sand and gravel pits already operating in the area, there is a substantial amount ol'hea%\ traffic. Increasing the size ofany of these operations tivould certainly increase the impact these businesses have on the daily lives of the residents. Ocean View Memorial Gardens has been operating the cemeter-I located at 715 Latimore Lake Road since 1955. The cemetery property is park -like in nature, with flat bronze memorials to commemorate loved ones. Many families come to the cemetery on a daily basis, taking time to sit on the benches, walk the grounds or watch the geese and ducks in our pond. At times we have deliveries by heavy vehicles and make a concerted effort to ensure that these deliveries do not occur � \hat fimilies are in the cemetery to inter their loved ones. The overall serenity of the property is an essential part of our ser, ice to our families. This proposed by -law change would extend the existing quarry to an area beyond a small bullcr zone across the road from the cemetery. Our concern is that if work was ongoimy in that area during normal business hours, the noise. dust and increased heavy traffic might be a distraction for the families seeking sonic quiet time with their loved ones. We respectfully request that you consider any possible impact on the community before \ ou make N our decision regarding the rezoning. Sincerely Yours, l oily Buckles Manager 183 BY -LAW NUMBER C.P. 110 -173 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 8.2 hectares, located at 1429 Loch Lomond Road, also identified as being PID No. 00312900, from "RS -2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2011 and signed by: Mayor/Maire ARRETE No C.P. 110 -173 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du Conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifid par: 1 La modification de I'annexe « A », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d't►ne superficie d'environ 8,2 hectares, situee au 1429, chemin Loch Lomond, et portant le NID 00312900, de zone rdsidentielle de banlieue — habitations unifamiliales et bifamiliales ((RS-2>> a zone rdsidentielle — habitations unifamiliales et bifamiliales «R -2» - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretd le 2011, avec les signatures suivantes Common Clerk/Greffiere communale First Reading - July 4, 2011 Premiere lecture Second Reading - July 4, 2011 Deuxieme lecture Third Reading - Troisieme lecture W - le 4 juillet 2011 - le 4 juillet 2011 PLANNING AND DEVELOPMENT 1 URBANISME ET DEVELOPPEMENT REZONING l REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM / DE TO /A RS -2 R -2 One and Two Family Suburban One and Two Family Residential Residential / zone residentielle ® / zone residentielle- habitations de banlieue- habitations unifamiliales unifamiliales et bifamiliales et bifamiliales Applicant: Hughes Surveys & Consultants Inc. on behalf of 651413NB Ltd. and Folkins Estates Ltd. Location: 1429 chemin Loch Lomond Road PID(s) /NIP(s) 00312900 07P21 NW Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: July 8 juillet, 2011 Considered by P.A.C. /considdre par le C.C.U.: June 21 juln, 2011 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law # /Arrete #: 185 BY -LAW NUMBER C.P. 110 -174 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 15 hectares, located at 1515 Loch Lomond Road, also identified as being PID No. 55210413, from "RS-2" One and Two Family Suburban Residential to "R -2" One and Two Family Residential pursuant to a resolution under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2011 and signed by: Mayor/Maire ARRETE No C.P. 110 -174 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une rdunion du conseil communal, The City of Saint John a ddcrdtd cc qui suit : L'arretd sur le zonage de The City of Saint John, ddcrdtd le dix -neuf (19) ddcembre 2005, est modifie par: 1 La modification de ]'annexe <(A>>, Plan de zonage de The City of Saint John, permettant de modifier la ddsignation pour une parcelle de terrain dune superficie d'environ 15 hectares, situee au 1515, chemin Loch Lomond, et portant le NID 55210413, de zone rdsidentielle de banlieue — habitations unifamiliales et bifamiliales <<RS -2» a zone residentielle — habitations unifamiliales et bifamiliales <<R -2» conformement a une resolution adoptde par le conseil municipal en vertu de Particle 39 de la Loi sur l'urbanisme. - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arretd le 2011, avec les signatures suivantes Common Clerk/Greffiere communale First Reading - July 4, 2011 Second Reading - July 4, 2011 Third Reading - Premiere lecture Deuxieme lecture Troisieme lecture :. le 4 juillet 2011 - le 4 juillet 2011 PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT REZONING I REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM / DE TO / A RS -2 R -2 One and Two Family Suburban One and Two Family Residential Residential / zone residentielle / zone residentielle- habitations de banlieue- habitations unifamiliales unifamiliales et bifamiliales et bifamiliales Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de r I'article 39 de la Loi sur l'urbanisme Applicant: Genivar on behalf of 654101 NB Limited. Location: 1515 chemin Loch Lomond Road PID(s) /NIP(s) 55210413 07P21 NW Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: July 8 juillet, 2011 Considered by P.A.C. /considers par le C.C.U.: June 21 juin, 2011 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistre le: By -Law # /Arrete #: 187 ie,3Lb) Section 39 Conditions -- 1515 Loch Lomond Road That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approximately 15 hectares, located at 1515 Loch Lomond Road, also identified as being PID Number 55210413, be subject to the following conditions; (a) that access to the proposed Lot 11 -1000 as shown on the photo- reduced plan titled 654101 NB Ltd. Subdivision, dated March 29, 2011, be limited to one access in the existing driveway location; and (b) that direct access from the proposed lots 11 -1 and 11 -84 as shown on the photo - reduced plan titled 654101 NB Ltd. Subdivision, dated March 29, 2011, to Loch Lomond Road not be permitted. BY -LAW NUMBER C.P. 110 -175 A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 48 hectares, located at 2797 Loch Lomond Road, also identified as being a portion of PID No. 00326223, from "RS -l" One and Two Family Suburban Residential to "RR" One Family Rural Residential pursuant to a resolution under Section 39 of the Community Planning Act. - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2011 and signed by: Mayor /Maire ARRETE No C.P. 110 -175 ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une r6union du conseil communal, The City of Saint John a d6cret6 ce qui suit : L'arr6t6 sur le zonage de The City of Saint John, decr6t6 le dix -neuf (19) d6cembre 2005, est modii6 par: 1 La modification de 1'annexe «A >>, Plan de zonage de The City of Saint John, permettant de modifier la d6signation pour une parcelle de terrain d'une superficie d'environ 48 hectares, situ6e au 2797, chemin Loch Lomond, et 6tant aussi une partie du NID 00326223, de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales ((RS-1>> a zone r6sidentielle rurale -- habitations unifamiliales aRR» conformement a une resolution adopt6e par le conseil municipal en vertu de Particle 39 de la Loi sur l'urbanisme. - toutes les modifications sont indiqudes sur le plan ci joint et font partie du present arret6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arret6 le 2011, avec les signatures suivantes : Common Clerk/Greffi6re cominunale First Reading - July 4, 2011 Premiere lecture Second Reading - July 4, 2011 Deuxieme lecture Third Reading - Troisieme lecture im - le 4 juillet 2011 - le 4 juillet 2011 PLANNING AND DEVELOPMENT/ URBANISME ET DEVELOPPEMENT REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM /DE TO /A RS -1 One and Two Family Suburban RR One Family Rural Residential / Residential / Zone residentielle Zone residentielle rurale- de banlieue - habitations habitations unifamiliales. unifamiliales et bifamiliales. Pursuant to a Resolution under Section 39 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 39 de la Loi sur Furbanisme Applicant: A.J. Mallette & Sons (1985) Ltd. Location: 2797 chemin Loch Lomond Road PID(s) /NIP(s) Portion of / partie de 00326223 07PB1 Drawn By /Creee Par: David Couture Date Drawn /Carte Creee: July 8 juillet, 2011 Considered by P_A.C. /considers par le C.C.U.: June 21 jinn, 2011 Enacted by Council /Approuve par le Conseil: Filed in Registry Office /Enregistrs le: 190 lb-4(b) Section 39 Conditions — 2797 Loch Lomond Road That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approximately 48 hectares, located at 2797 Loch Lomond Road, also identified as being a portion of PID Number 00326223, be subject to the following conditions: (a) that the developer notify buyers in writing of potential groundwater quality and quantity concerns. 191 A BY -LAW TO AMEND A BV -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETE MODIFIANT L'ARRETE RELATIF A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN EDICTE CONFORMEMENT A LA LOI SUR LES VEHICULES A MOTEUR (1973) ET MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors dune reunion du conseil municipal. The City of Saint John as follows: The City of Saint John a d6cr6t6 ce qui suit : A By -law of The City of Saint John entitled "A By -law Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 19a' day of December, A.D. 2005, is hereby amended as follows: 1 Appendix A — Speed Limits on Provincial Highways — is amended by deleting the following words under the following headings: Limits Des. Speed Limit Main St.: Chesley Dr. 60 to Harbour bridge Ramp "C" 2 Appendix A — Speed Limits on Provincial Highways — is amended by adding the following words under the following headings: Limits Des. Speed Limit Main St.: Chesley Dr. 50 to Harbour Bridge Ramp "C" Par les pr6sentes, 1'arret6 de The City of Saint John intitul6 << Arr6t6 relatif a la circulation dans les rues de The City of Saint John 6dict6 confonndment a la Lai sur les vehicules ei moteur (1973) et modifications aff6rentes », d6cr6t& le 19 d6cembre 2005, est modifi6 comme suit: 1 Annexe << A » — Limite de vitesse sur les routes provinciales — est modifi6e par la suppression des mots suivants sous les titres suivants: Limites Limite de vitesse ddsignee rue Main : entre la 60 promenade Chesley et la bretelle << C » du pont du port 2 Annexe « A » — Limite de vitesse sur les routes provinciales — est modifi6e par l'adjonction des mots suivants sous les titres suivants: Limites Limite de vitesse d6sign6e rue Main : entre la 50 promenade Chesley et la bretelle «C» du pont du port 192 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 July, A.D., 2011 signed by: First Reading Second Reading Third Reading Mayor /maire EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrete le juillet 2011, avec les signatures suivantes : Common Clerk/greffiere communale - July 4, 2011 - July 4, 2011 Premiere lecture Deuxieme lecture Troisieme lecture 193 - le 4 juillet 2011 - le 4 juillet 2011 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account #71206) Contact: Elizabeth Gormle Phone: 506 658 -2862 Fax: 506 674 -4214 Special Instructions (if any): Reference: 109 -113 Prince Edward Street & 27 Richmond Street Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) SJTJ City Information Ad SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, July 5'h, 2011 (only) Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal IN Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658 -2862 `F'Ll PROPOSED MUNICIPAL PLAN AMENDMENT RE: 109 -113 PRINCE EDWARD STREET AND 27 RICHMOND STREET Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A and 2 -C of the Plan, from Medium Densit}, Residential to Approved Commercial Development, a parcel of land with an area of approximately 470 square metres, located at 109 -113 Prince Edward Street and 27 Richmond Street, also identified as PID No. 00012468. 2. Add the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: ``v) a parcel of land with an area of approximately 470 square metres, located at 109 -113 Prince Edward Street and 27 Richmond Street, also identified as PID No. 00012468." PROJET DE MODIFICATION DU PLAN MUNICIPAL OBJET: 109 -113, RUE PRINCE EDWARD ET 27, RUE RICHMOND Par les pr6sentes, un avis public est d011n6 par lequel le conseil communal de The City of Saint John a ('intention d'6tudier la modification du plan d'am6nagement municipal comme suit: 1. la reclassification, 6 1'annexe 2 -A et 2 -C du plan d'une parcelle de terrain d'une superficie d'environ 470 metres carr6s, situ6e au 109 -113, rue Prince Edward et 27 rue Richmond, et portant le NID 00124648, de zone residentielle de densite moyenne 6 zone d'amenagemenl commercial approuvd. 2. 1'ajout de la parcelle de terrain suivante 6 ]a liste des am6nagements commerciaux approuv6s a 1'alin6a 2.4.6.28: v) une parcelle de terrain dune superficie d'environ 470 metres carr6s, situ6e au 109 -113, rue Prince Edward et 27, rue Richmond, et portant le NID 00012468. A public presentation of the proposed amendment Une pr6sentation publique du projet de modification will take place at a regular meeting of Common Council on Monday, July 18, 2011 in the Council Chamber, Lobby Level, City Hall. REASON FOR CHANGE: To recognize the existing commercial permit a business office. aura lieu lors de ]a r6union ordinaire du conseil communal le lundi 18 juillet 2011 dans la salle du conseil, au niveau du hall d'entr6e, 6 1'h6tel de ville. RAISON DE LA MODIFICATION: uses and to Reconnaitre les usages commerciaux existants et permettre un bureau d'affaires. Written objections to the proposed amendment may be made to the Council, in care of the undersigned, by August 17, 2011. Enquiries may be made at the office of the Common Clerk or Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. if you require French services for a Common Council meeting, please contact the office of the Common Clerk. Elizabeth Gormley, Common Clerk 658 -2862 Veuillez faire part au conseil par 6crit de vos objections au projet de modification au plus tard le 17 aoat 2011 a I'attention de la soussign6e. Pour toute demande de renseignements, veuillez communiquer aver le bureau de la greffiere communale ou le bureau de l'urbanisme et du d6veloppement a 1%6tel 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. Si vous exigez des services frangais pour une r6union de Conseil Communal, s'il vous plait contacter le bureau de la greffiere communale. Elizabeth Gormley, Greffiere communale 658 -2862 1&61'1 PUBLIC NOTICE Public Notice is hereby given that the Common Council of The Cilx of Saint John intends to consider an amendment to the Municipal Development Plan which would: 1. Redesignate on Schedule 2 -A and 2 -C of the Plan, from .11erllurn Denrirj- Re.4denrial to ,Approved Commercial Derelopmenr. a parcel of land with an area of i1prroXim.Lteh 470 square metres. located at 109 -113 Prince Eihiard Strut and 27 Richmond Street. also identified as fill) No. (WO 1246`t. 2. Add the following to the list of Approved Commercial Doolopmenis in sub - section 2.4.6.28: " v) a Parcel of land vvtlb an area ol':gipiovimitch 470 S(Iu.oc metres. located at 109.113 Prince Edward Strut and 27 Richmond Strut. a6o identified as PID No. 0112469;' A public prescntauou of the proposed amendment will take place at a regular meeting of Common Council on Mondai, Juh 18, 2011 in the Council Chamber. Lobby I e% el. Cuv Hall. REASON FOR CHANGE: To recognize the existing commercial uses and to permit a business office l'ritten objections to the prupwgxt amendment ,nag be made to the C'o wicil. in care of the undersigned. by August 17. 2011. Enquiries ma} be made at the office of the Common Clerk or Plannine.and Development. City Hall, 15 Market Square. Saint John, N.B. between the hours of 8:30 a.m, and 4:30 p.m.. Monday through Fnday. inclusive, hohda)s excepted. If you require French services for a Common Council nutting, please contact the office of the Common Clerk. Elizabeth Gormlo. Common Clerk 659 -2862 AVIS PUBLIC Par lef priyti,Trte& un mit public est doduc par lequel le conseil communal de The C'it% of Saint John a 1'mtention d'etudier la modil',r.,lion du plan d'amenagement munn7pal comme suit : 1. la reclassification. i I'annexe 2 -A et 2 -C du plan dune parcelle de terrain dune superlicie d'emiron 470 metres carr& situec to 109 -113. rue Prince Edward et 27 rue Richmond. el portant le NID 00124(148, rle :one reridenrielle rte ilensire nroyenne a .one d'anrenogeurenr roninterrial appronrc. 2. I'ajout de la Pareelle de terrain sunante i la hste des anienag(ments connnerctaux approuves i Falinea 2.4.6.2h : it v) une parcclle de terrain d'unc superlicie d'emiron 470 metres earns. situce au 109.1 13. rue Prince Eduard et 27. rue Richmond. et Purtant le N1D 00012469. n Une presentation pubhquc du projet de modification aura lieu lors do la reunion ordinaire du conseil communal ie lundi 18 juillel 2011 dams is Salle du conseil, au nncau du hall d'entree, i I'Mtel de sille. RAISON DE LA MODIFICA'CION. : Reconnailre le., usages commerciaux exislanls el permeltre un bureau d'a0'aues. Vouillez faire part au conseil par gent de vos objections au projet de modification au Plus lard le 17 aofil 2011 a ]'attention de la soussignee. Pour route demande de renseignemcnts. veuillcz conimuniquer avcc le bureau de la greffii:re communale ou le buteau de l'urbamsme et du deuloppement i l'hbtel de ville au Is * Markel Square. Saint John. N.-B.. entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours fines. Si vous exi ;gez des services franr;ats pour une reumon de ('uriscil Communal, -,'il vous plait contacter le bureau de la grelliere communale. Elizabeth Gormley. Greffiere communale 659 -2362 WIC To whom it may concern. My name is shawn Thorne and I recently purchased 27 Richmond / 109 -113 Prince Edward Street that currently consist of 6 residential and 3 Commercial spaces . From my understanding the property is currently zoned Residential. I am applying for rezoning of this property to commercial. When I purchased the building the commercial spaces consisted of a Laundromat that has been there for over 20 plus years, a pizza parlor, and a retail shop. My intention with the commercial space is to remove the Laundromat and place my company's office in its place. I am the owner of Thorne Investments Inc. and our business offers a number of different services such as, property management, purchasing and renovating buildings for capital gain, mortgage brokering, residential , commercial financing , personal financing, and vehicle financing. I would like to place a sign on the brick wall facing Waterloo Street of the building bringing attention to the commercial space fronting on prince Edward Street. This sign would be 10 ft x 10 ft illuminated. I as well would like the property to be zoned for a vehicle dealership license for our vehicle/ personal loan portion of our business. Our company lends money for security on motor vehicles and other personal property. We do not sell vehicles or store them on site but require a license in order to trade at Auctions in the province. I look forward to answering any questions surrounding this application. Sincerely, Shawn Thorne Thorne Investments Inc. 197 III 16 Scale. t"= 50/ `RN] BY -LAW NUMBER C.P. 105 - A LAW TO AMEND THE MUNICIPAL PLAN BY -LAW ARRETE No C.P. 105 -_ ARRETE MODIFIANT L'ARRETE RELATIF AU PLAN MUNICIPAL Be it enacted by The City of Saint Lors dune reunion du conseil John in Common Council convened, as communal, The City of Saint John a 6dict6 follows: ce qui suit: The Municipal Plan By -law of The City of Saint John enacted on the 3rd day of January, A.D. 2006 is amended by: 1 Amending Schedule 2 -A and 2 -C, the Future Land Use Plan, by redesignating a parcel of land with an area of approximately 470 square metres, located at 109 -113 Prince Edward Street and 27 Richmond Street, also identified as PID No. 00012468, from Medium Density Residential to Approved Commercial Development classification; 2 Adding the following to the list of Approved Commercial Developments in sub - section 2.4.6.28: "v) a parcel of land with an area of approximately 470 square metres, located at 109 -113 Prince Edward Street and 27 Richmond Street, also identified as PID No. 00012468." - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2011 and signed by: Mayor/Maire L'arret6 relatif au plan municipal de The City of Saint John d6cr6t6 le 3 janvier 2006 est modifi6 par: 1 la modification de I'annexe 2 -A et 2 -C, relative au plan d'utilisation future des terres, afin de faire passer la designation dune parcelle de terrain d'une superficie d'environ 470 metres carr6s, situ6e au 109- 113, rue Prince Edward et 27, rue Richmond, et portant le NID 00012468, de zone r6sidentielle de densit6 moyenne a zone d'am6nagement commercial approuve; 2 Pajout de ]a parcelle de terrain suivante a la liste des am6nagements commerciaux approuv6s a I'alinea 2.4.6.28 : v) une parcelle de terrain d'une superficie d'environ 470 metres carr6s, situ6e au 109 -113, rue Prince Edward et 27, rue Richmond, et portant le NID 00012468. - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du present arret6. EN FOI DE QUO[, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2011, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premi6re lecture Second Reading - Deuxi6me lecture Third Reading - Troisieme lecture 199 July 14th, 2011 Deputy Mayor Chase & Members of Common Council: Subject: Letter re Royal Charter I have received correspondence from Mr. David Peters requesting that the Mayor write a letter to the "Black Citizens of Saint John" concerning certain content contained in the first Royal Charter of the City of Saint John. (see attached letter from Mr. Peters) Motion: That the Council approve the attached draft letter to be sent to the black citizens of Saint John in care of Mr. David Peters. Sincerely, Iva ourt Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 200 To the Black Citizens of Saint John, I refer to a letter from Mr. David Peters dated July, 2011 concerning certain writings appearing in the First Royal Charter of the City of Saint John (1785) in relation the black people living in the area at that time. The Mayor and Common Council of the City of Saint John do not agree with some of the content appearing in the First Royal Charter for the City of Saint John with respect to black people, and further, Council acknowledges that this would not be acceptable or tolerated in today's society. I wish to thank Mr. Peters for taking the time to forward his concerns to Council on this matter. Sincerely, Ivan Court Mayor 201 His Worship July, 2011 Ivan Court Mayor of Saint John, N.B. Dear sir; I am writing to request a letter or recognition, that the first Royal Charter of the City of Saint John was inappropriate in it's wording toward the Black Loyalists, and would not be acceptable or tolerated in today's society. Please find inclosed two letters concerning this from the Hon. James Moore, Minister of Heritage and Rodney Weston, MLA for Saint John, N.B. What I would like is a similar letter from the mayor of Saint John, where the original charter was signed. If you do decide to honour my request, please address the letter to the "Black Citizens of Saint John ". Such a letter would be very important to be enclosed in a book the Black community is developing concerning the" Black History of New Brunswick ". Hoping to hear from You in a positive manner; Yours truly; David J. Peters ( 74 Mt. Pl. Ave., East, Saint John, N.B., E2J 1 T2) 202 Minister of Canadian Heritage Ministre du Patrimoine canadien and Official Languages et des Langues officielles Ottawa, Canada K1A OM5 March 21, 2011 Mr. David Peters 74 Mount Pleasant Ave. East Saint John, New Brunswick E2J 1T2 Dear Mr. Peters, Thank you for your correspondence and for sharing your concerns about the discriminatory nature of the First Royal Charter of the City of Saint John (1785). My colleague Rodney Weston, Member of Parliament for Saint John, also communicated to me the importance of this issue. I appreciate being informed of this unfortunate part of our history and please be assured that I share your concerns. The discriminatory language used in the First Royal Charter of the City of Saint John (17 85) was completely unacceptable and has no place in Canada. Our Government is committed to working with community leaders to ensure that Canadian society is free of discrimination. Your efforts to address this regrettable part of our history are a leading example of active and responsible citizenship. Your dedication should be commended. Please accept my best wishes, c.c.: Rodney Weston, Member of Parliament for Saint John Canada 203 Rodney Weston W.( forSaint John QD wti de Saint yohn January 28, 2011 The Honourable James Moore Minister of Canadian Heritage and Official Languages Room 356, Confederation Building Ottawa, Ontario Dear Minister: I am writing to raise a matter that has been articulated to me by Mr. David Peters, a constituent in my riding of Saint John. Mr. David Peters is a prominent member of our regions black community and is the descendant of Mr. Thomas Peters, a loyalist who settled in Saint John over two hundred years ago. Mr. Thomas Peters was one of many black loyalists who were subjected to the discriminatory nature of the City of Saint John's first Charter signed in 1785. The 1785 Charter contained provisions that prevented the black citizens of Saint John from living within the City limits unless they were indentured servants or had special permission from a prominent white citizen. In addition the black citizens were not allowed to establish a business within city limits and were not permitted to vote on any matter of the City. This past year Saint John was designated A Cultural Capital of Canada as a means to celebrate its 225th Anniversary of the Charter. As our community celebrated this important milestone, Mr. David Peters raised concerns that the language used in the 1785 Charter was never officially recognized as being inappropriate in today's society. While the original Charter was amended in 1870 to remove this language, the celebrations that have occurred this year in Saint John are honouring the document from 1785. The original Charter affected over five generations of black families in Saint John. As the Member of Parliament for Saint John I agree with Mr. Peters that the language used in the 1785 Charter would not be acceptable in today's society. Mr. David Peters is currently in the process of writing a history and is seeking acknowledgement in written form to the effect of: "The language used in the First Royal Charter of the City of Saint John (1785) regarding the black citizens of Saint John was not appropriate and would in no way be acceptable in a 21St century document." House of Commons Room285, Confederation Building Ottawa, ON K 1 A 0A6 Tel: (613) 947 -2700 Fax: (613) 947 -4574 Weston.R@parl.gc.ca Constituency Chambre des communes 90 King Street Pike 285, f`dfce de la Confederation Saint John, NB Ottawa ON E2L 1G4 K1A 0A6 Tel: (506) 657 -2500 TO.: (613) 947 -2700 Fax: (506) 657 -2504 T616c.: (613) 947 -4574 westorl @ parl.gc.ca Weston.R @parl.gc.ca 204 1 +1 Circonscription 90 rue King Saint John NB E21- 1G4 TLI.: (506) 657 -2500 Telec.: (506) 657 -2504 westor 1 @ parl.gc.ca r 2011 has been designated the International Year for People of African Descent and having a statement acknowledging the inappropriate language in the 1785 Charter would be a significant gesture to mark this occasion. I look forward to hearing your thoughts on this matter. Kin ,O,est Regards, odne4 eston Member of Parliament for Saint John cc: Mr. David Peters 205 The City of Saint John Mayor Ivan Court Mayor's Office Bureau du maire July 14, 2011 Deputy Mayor and Council, I am seeking Council's support to write a second letter to Premier David Alward , the Minister of Health and Canadian Blood Services in support of Canadian Blood Services remaining in Saint John. Thank you for your consideration. Sincerely yours, L�,- cll�-2 lr _ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 206 The City of Saint John Mayor Ivan Court Mayor's Office Bureau du maire July 13, 2011 TO: Deputy Mayor Chase and Members of Common Council RE: Parking Request: I am requesting that the City Manager review parking on Dorchester Street and request that temporary parking be made available. Rational: There is a lack of parking spots in the uptown area due to the construction around the Peel Plaza area. Sincerely, Ivan Court Mayor SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 20 www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 41-1 7 07/13/2011 14:23 5066339002 EASTWARD SALES LTD PAGE 01/06 150 Union Street Saint Jahn, NI3, E2L 1A8 506,633.8885 506.633.9002 copy&a stwardsal es. corn To- Mayor Ivan Court From; Adam Garnett Fax: 632 -6120 Pagaza i; Phone: 650 -3402 Date: July 13, 2011 Re: �o i �. �t t5 ( S' 4'eV I cc: Urgent ❑ For Review ❑ Please Comment kilease Reply 0 Please Recycle Good Afternoon Mr. Court, This fax is a follow up from the email I sent you on Tuesday the 281" of June and the fax sent on June 4th. Attached is another list of names requesting that the parking be re- instated. We are still awaiting soma sign that the issue is being given some serious consideration, We have not been contacted by the mayor, nor any of the Counselors contacted. The report required to go to council has been 'almost' done for close to 4 months and the summer (most businesses busiest Ume) is passing quickly! We would appreciate a response As soon as possible. I thank you for your time on this, I can be reached through the day at 506.633.8885 or by email at adamCa�oastwardsales.com Thank you 1: 07/13/2011 14:23 5066339002 EASTWARD SALES LTD PACE 02106 Haw do YOU find the parkint! in t Uptown Saint John ? �' I P K ARKING We arc currently applying to the city to reinstate parking on Dorchester Street to allow sufficient parking for the businesses in the area_ If you feel'the parking needs to be restored, please sign below. Thank you. k r V 209 A Im, r I 5 rye �+ 1 -Signature i 1 M50 1. 4. � W.'20 M14 " JON), ��� - ••��. � �.r �I_�- * - - II 9 WP" IZA RAWIM 1 k r V 209 A Im, r I 5 rye �+ 1 07/13/2011 14:23 5066339002 EASTWARD SALES LTD PAGE 03/06 How do YOU find the parking in P I town Saint oh.n? K! N G /1FtKlMG , We are currently applying to the city to re- instate parking on Dorchester Street to allow sufficient parking for the businesses in the area. If you .feel the „parking needs to be restored, please sign. below. Thant` you. 210 V' U T- -' mum ' � — � �1 ' 'yid /• ti,�R. �.. �.} � t � rl w -� a j� 210 V' U T- -' 0711"13/2011 14:23 5066339002 LA; D I WAKU 5ALtn '- I V I ""` ` do YOU find. the parking in How PAIIIIItNG Uptown Saint John. tG ! We are currently applying to the city to re- instate parking on Dorchester Street to allow sufficient parking for the businesses in the area. if you feel the parking needs to be restored, please sign below. Thank you. 211 ri ti Si natur ... M m , 211 ri ti 07/133/2011 14:23 5066339002 EASTWARD SALES LTD PAGE 05!'06 How do YOU rind the pg arkin 0 111 EKT ING U town Saint John? PARKItNG E We are currently applying to the city to re- instate parking on Dorchester Street to allow sufficient parking for the businesses in the area. If you feel the parking needs to be restored, please sign below. Thank you. 212 071/13/2011 14: 23 5066339002 LiAn 1 VJHICL JHLGJ t_ i u - -tiow do. YOU find the parking, in Uptown Saint John P KING ARKING We are currently applying to the city to re- instate parking on Dorchester Street to allover sufficient parking for the businesses its the area. If you feel the parking needs to be restored, please sign below. Thank you. 0 1 r 213 r P--:1 0 r �C! rte.. � L � ✓r I �� �� 1 ��. J �/ � j .�Lt � ! � _ s. psi r �r ..,A. I r i•.L�� iii ,� ! i� / ,� � ' � /.�9L�,�� r 1 r 213 r P--:1 0 r �C! rte.. City Hall 15 Market Square July 18, 2011 Your Worship Mayor Ivan Court & Members of Common Council: P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 Issue: Quinton Heights Playground / Green Space Investment Context: City of Saint john • The demographics of this 'older' West Saint John neighbourhood have been altered overthe past several years. • Currently a strong number of younger families are residing in this area. • Approximately 100 younger children reside in this area. • Residents would like to partner with the City to enhance the playground / green space in their neighbourhood Motion: That during 2012 Budget deliberations an investment in the Quinton Heights playground / greenspace be given consideration. Res uifl sub fitted, eter WMcGuire Councillor — City of Saint John 214 City Hall 15 Market Square July 18, 2011 P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 .,rR ^' Your Worship Mayor Ivan Court & City of Saint John Members of Common Council: Issue: Possible NB Power 'Above-Ground' Power Transmission Corridor Entering West Saint John Neighbourhoods Context: • On May 25th, 2011 the Mayor, with Council's approval sent a response to Mr. Jim Quinn, Port Authority, with respect to the Port Authority Draft Land Use Plan. • A significant amount of time and effort was involved in building this well researched response. • Comments came from a collaboration of views — Planning Advisory Committee, Citizens Advisory Committee for PlanSJ, City planning staff and Common Council. • Comments from the above entities regarding Port Authority Draft Land Use Plan are listed below: • "The Draft Plan proposes the establishment of commercial and industrial development on Port lands. We question how the proposed development is different from development that could occur on other lands in the City zoned industrial and commercial and what specific advantages are offered by lands controlled by the Port Authority. Limited justification is provided regarding the need to pursue such development. Further, the Plan does not contain an adequate analysis of the impacts on nearby land uses. The Plan does not establish why commercial and industrial uses on Port property would be in the broader community interest. Given the preceding, the City does not support land based industrial uses on the Port lands that lack a marine component given impacts on adjacent neighbourhoods and the community's existing industrial parks." "The Plan should address measures to mitigate impacts of Port uses on adjacent incompatible land uses. The City is of the view that the Plan requires further policy to integrate Port uses with adjacent land uses— particularly on the Lower West Side." 215 City Hall 15 Market Square P.O. Box 1971 Saint John New Brunswick Canada E2L 4L1 "The Draft Land Use Plan does not adequately account for the strong community support for, and desire to have, enhanced public access at key locations on the West Side evidenced through the consultation process undertaken as part of PlanSJ. Future development should incorporate best practices for access to the community's waterfront." "Lower West Side — consideration must be given to the mitigation of any adverse impacts on adjacent lands as a result of future development." • It is important to remind all people involved in this debate that The City of Saint John has communicated their views to the Port Authority. It will be imperative that this communication be included in any future debate with respect to the possibility of NB Power establishing an above - ground power transmission corridor into West Saint John neighbourhoods. Motion: That this report be received for information. Res tfully submitted, Peter cGuire Councillor — City of Saint John 216 City of Saint John July 18, 2011 Your Worship Ivan Court The City of Saint john Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: The City Solicitor report to council regarding the process required to rationalize the financial relationships with all Commissions of the City of Saint John including The Power Commission of the City of Saint John (Saint John Energy), The Saint John Parking Commission, Police Commission, Regional Facilities Commission and Saint John Transit that would: • Require that their annual budgets be approved by Common Council Require that the senior staff of those commissions present to Common Council in Committee of the Whole a mid -year financial report Require that any Net Incomes of these organizations be turned over to the City of Saint John as a dividend The City of Saint John has several commissions that control significant dollars. Each of these commissions was created individually and each has a unique financial relationship with the City. Commissions that require contributions from the City's tax base have a very close financial relationship with the City requiring millions of dollars contributed yearly. The two commissions that regularly post a net income greater than expenses at the end of the year (Parking and Power) do not share their net incomes with the City. In the case of Transit and Parking, there has been an effort over the past several years for these two commissions to work very closely including a conscious effort to appoint common members for these two commissions. While it does make sense that these two commissions work very closely due to their business being transportation it is incongruous that one commission (Transit) would submit and annual budget to the city requiring a significant contribution while many of the same commissioners who sit on the board of the Parking Commission would not. The model proposed in this motion is inspired by the procedures established by the Regional Facilities Commission that requires the Five Entities it oversees (The Canada Games Aquatic Centre, Trade and Convention Centre, Harbour Station, Imperial Theatre and the Saint John Arts Centre) to present their annual budget to the Commission each year, and to also report at mid- year their current financial situation. Respectfully Submitted Gary Sullivan 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 --» 217 Your Worship Ivan Court Members of Common Council City of Saint John Dear Mayor Court and Members of Council Motion: Receive and File July 18, 2011 On June 23, for the second year I have had the pleasure to lead a grade three class from Ecole Millidgeville North School in a lesson in municipal democracy in Council Chambers. First I would like to formally thank the Common Clerk's department for their cooperation and time assisting me with the technology in chambers as we had students sit in place of councilors and use the council technology to debate items important to them. After healthy debate, two different councils of students passed three items: • Be it resolved that the City of Saint John do abetter job enforcing littering bylaws • Be it resolved that restaurants shall not include toys as part of their children's meals • Be it resolved that Saint John Public Parks be non - smoking areas All three motions were brought forward from the students, debated and voted on by the students. While the first two motions passed unanimously, the student sitting in for Councilor Mott dissented on the third arguing that many individuals who choose to smoke would be having their individual rights limited. Thank you also to Mrs. Hicks and Mrs. Ferguson for the work they had done teaching their students in preparation for this field trip. Respectfully Submitted Gary Sullivan 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 ---------- 218 PEEL PLAZA PROJECT PERFECTION IS OUR GOAL EXCELLENCE WILL BE TOLERATED M &C2011 -181 OPEN SESSION July 13, 2011 Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Peel Plaza Update In consideration of the public interest in the Peel Plaza project, it is appropriate that staff report to Council, on a periodic basis, on the progress of the various elements comprising the project. Peel Plaza is an ambitious Municipal /Provincial project involving the significant expenditure of public monies, and as such all aspects of the project must be clear, transparent, and open to public scrutiny. To facilitate this objective, staff wish to make a presentation to Council. Following the presentation, Council will have an opportunity to ask any questions that may arise, and make comments. It should be noted that staff make more regular presentations to the Peel Plaza Steering Committee to seek input, and take direction from that Committee. However, the Common Council is the true sponsor of the project, and therefore must be kept well informed and provided with timely information. Respectfully submitted, 44 Wm. Edwards, P.Eng. Project Manager Peel Plaza Project WmE/jaf 1 (- %V SAINT JOHN J. atrick Woods, CGA Manager P.O. Box 1971 Saint John, NB Canada E2L 4L1 I vwvw.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 41 219 Peel Plaza SAINT JOHN ➢ Police Headquarters Project ➢ Carleton - Sewell Parking Garage ➢ Infrastructure Upgrades ➢ Public Plaza ➢ Art ➢ Ancillary Lands 220 �r-- SAINT JOHN Police Headquarters Council Approved Budget - $ 219983,904 Tendered Amount (Pomerleau) - $ 20,675,000 + HST Substantial Completion - December 31, 2011 Targeted Final Completion - April 2012 221 a! - LSDUoO�o�Uo � tt First Day of Excavation -August 2010 222 i 1 December 2010 223 May 2011 224 First Floor Pour - June 2011 225 r r O N I O m VV W I- L m V N N VM-20H Double Pour - June 2011 227 f� Completed Police Headquarters 228 �r-- SAINT JOHN Police Headquarters Progress To Date As at June 30, 2011 approximately 33% complete. * Progress Payments as of June 30, 2011- $6,901,339 + HST. New Projected Substantial Completion Date - April 2012 * Includes approved Change Orders 229 �r-- SAINT JOHN Police Headquarters Change Orders Approved CO #1 Disposal of contaminated soil. $ 11,382.54 CO #2 Disposal of contaminated soil. 45484.08 CO #4 Modification to oil interceptor. 14,679.85 CO #5 Backwater valves to sanitary /oil interceptor. 8,528.28 CO #9 District Energy supply sleeves. 3,787.84 CO #11 Disposal of contaminated soil. 1,600.20 CO #18 Additional sanitary pipe, connect to Law Courts. 2,027.91 CO #19 Removal /disposal of contaminated soil /rock. 2,526.54 CO #27 Additional rebar for Level 1 slab 816.10 CO #30 Clarification on window openings 520.75 CO #31 Cost difference to underpin Arts Centre granite staircase 4,935.00 CO #35 Vestibule 030 concrete modifications 1,386.75 $ 56,675.70 230 �r-- SAINT JOHN Police Headquarters 35 Change Orders Pending Resolution Potential Financial Impact - $ 164,650 231 Carleton-Sewell SAINT JOHN Parking Garage Tendered Amount (PCL) - $ 16,5461400 + HST Substantial Completion - end of Jan. 2012 Final Completion - end of Feb. 2012 Project on time, on budget 232 First Day of Excavation - February 2011 233 r r 0 N s " L m PE: v c� 0 0 N CCYI O D N O £ < «\ � r O N L- CL � � May 2011 237 N N c Carleton - Sewell Parking Garage SAINT JOHN Progress To Date As at June 30, 2011 approximately 21% complete. Progress Payments as of June 30, 2011 - $3,507,687 + HST. Major issue — rock quality. WE, Carleton-Sewell SAINT JOHN Parking Garage Change Orders Pending Resolution CO #1 Reworking of support of existing building elements at adjacent site. CO #2 Re- routing of existing civil site services. CO #3 Rock remediation /grout horizontal split. CO #4 Shotcrete installation. CO #5 Additional rock anchors required for west wall. CO #6 Additional rock anchors required for west elevation. CO #7 Contemplated revision — MCW — revised lighting layout and lighting specifications. CO #8 Concrete apron. CO #9 Cast -in -place wall and access panel. CO #10 Additional excavation shoring rock anchors around perimeter of elevator pit. CO #11 Deletion of traffic topping and revisions to precast fabrication and design. Potential Financial Impact TBD 240 Infrastructure SAINT JOHN Upgrades Council Approved Budget - $ 5,870,000 Tendered Amount (Gulf Operators) - $ 610525561 + HST Substantial Completion - Fall 2011 Final Completion - Summer 2012 241 • SAINT JOHN ARTS CENTRE ( 11� Wt JOHN !� LAW URTS " ` DETENTION �'' dp -` F � r I CENTRE �, P ��— POLICE x' f ♦ o` 4s CJC e HEADQUARTERS J dr to ' 1 i 2 �p E r t F s t1 t�5 UNION STREET CAPITAL IMPROVEMENTS PROGRAM - PROPOSED 2011 CONSTRUCTION SEQUENCE PEEL PLAZA INFRASTRUCTURE UPGRADES ® - PHASE 1 GERMAIN INTERSECTION (JUNE 20 - JULY 8) ® - PHASE 3 CHIPMAN HILL INTERSECTION (AUGUST 29 TO SEPTEMBER 23) ® PHASE 2 ST. PATRICK TO CHIPMAN HILL (AUGUST 15 TO AUGUST 26) ® PHASE 4 A) CHIPMAN HILL TO GERMAIN (JULY 27 TO AUGUST 12) SCALE • 1:500 PHASE 4 B) CHIPMAN HILL TO GERMAIN (JULY 11 TO JULY 26) REV.1 242 Infrastructure Upgrades SAINT JOHN Partial Street Closures Union Street • Phase 1 Germain Intersection • Phase 2 St. Patrick to Chipman Hill • Phase 3 Chipman Hill Intersection • Phase 4A) Chipman Hill to Germain • Phase 413) Chipman Hill to Germain 243 June 20 — July 8 August 15 — August 26 August 29 — September 23 July 27 — August12 July 11 —July 26 Wellington Row -September 2010 244 Carleton Street - December 2010 245 V4. T- TOM Q CN m Q CD N a v "7C V4. T- TOM Q CN m Q CD N j-ffi m . Union /Wellington /Germain Intersection — June 2011 247 L-A MAR ffill Vm- /-OftL Union Street - June 2011 all[;] Infrastructure Upgrades SAINT JOHN Progress To Date As at June 30, 2011 % Completed Paid To Date - Wellington Row 75% $ 750,722 - Carleton Street 75% $ 5005307 - Hazen Avenue 70% $ 895171 - Union Street Underway N/A - Peel Street (ductbank) 50% $ 1575981 - Service Easement 90% $ 218,741 $ 1,7169922 * Progress Payments approved to date - $ 2,229,918 + HST. * Includes approved Change Orders /Extras MM, Infrastructure Upgrades SAINT JOHN Change Orders /Extras Approved Temporary Services - ABEC, former C.F.B.C. and Fundy Engineering $ 110,485 Contaminated Soil - Primarily related to temporary services and $ 304,391 Carleton Street work Contractor Extras - Miscellaneous $ 66,170 Winter Work $ 31,949 $ 512,995 250 �r-- SAINT JOHN Municipal Upgrades Change Orders /Extras (plus and minus) Pending Resolution Sidewalk (Extra) Elevation differences at Law Courts (Extra) Watermain for Parking Garage fire protection (Extra) Concrete curbing (Saving) Peel Plaza water loop (Saving) Sanitary line in front of Parking Garage (Saving) New decorative light bases on Lower Carleton Street (4) (Saving) DES (Saving) Curb on lower Union Street from DES (Saving) Sidewalk on lower Union Street from DES (Saving) Decorative light base removal Union Street (10) from DES (Saving) New decorative light bases Union Street (10) from DES (Saving) Servicing at intersection of Germain and Union (Saving) Potential Financial Impact ( + / -) $ 315,000 (Due to contaminated soil) 251 �r-- SAINT JOHN Public Plaza Council Approved Budget 2011 - $1.5M 2012 - $1.0M Total - $2.5M Provincial Contribution 252 $ 500,000 �r-- SAINT JOHN Completion Schedule Public Plaza Finalize design negotiations Complete design spec. Tender and award Construction August 2011 December - January 2012 February 2012 April - October 2012 Includes input from Steering Committee with regard to technical specifications, and look, and functionality. Schedule above is predicated on satisfactory resolve of specification design negotiations. 253 �r-- SAINT JOHN Public Art September 2005, Common Council adopted "The Arts and Culture Policy" which among other goals will - "7.4(b) .... Common Council will allocate at least one percent (1%) of the cost of appropriate City capital projects to the creation and installation of public art as part of such municipal projects. It will also encourage private sector developers, other Saint John area municipalities and other levels of government and government agencies to do the same. " 254 �r-- SAINT JOHN Public Art In recognition of this Goal the Board of Police Commissioners, have begun to consider what involvement they may have as it relates to Peel Plaza and parking. Additionally the Peel Plaza Steering Committee has been encouraging the Province to consider some involvement. The City has set aside $200,000 in its budget for Public Art. 255 �r-- SAINT JOHN Ancillary Lands City owned and vacant properties in vicinity of Peel Plaza Project Property 119 Union Street 117 Union Street 15 Wellington Row 19 Wellington Row 76 Carleton Street 75 Carleton Street 121 Union Street/ 6 Wellington Row 0 Wellington Row 6 Wellington Row 12 Wellington Row Description PID 37333 City owned (vacant structure) PID 37341 City owned (vacant structure) PID 37788 City owned (Jelly Bean house) PID 37796 PID 37549 City owned (former Synagogue) Purchase Price $218,000 - CCO Dec. 17, 2007 $ 185,000 - CCO Dec. 3, 2007 $ 820,000 - CCO April 28, 2008 (purchase price relates to 15 & 19 Wellington Row and 10 Peel Street) $475,000 — CCO Jan. 7, 2008 (purchase price relates to both the Synagogue and Jewish Museum at 29 Wellington Row) PID 55196778 New Parking Garage — 3 upper floors PID 55046379 Bell Aliant — parking lot PID 37325 Bell Aliant — parking lot PID 55046361 Bell Aliant — parking lot PID 37903 Bell Aliant — parking lot Q71 �r-- SAINT JOHN Property 16 Wellington Row 18 Wellington Row 24 Wellington Row 30 Wellington Row 32 Wellington Row 7 Dorchester Street 9 Dorchester Street 19 Dorchester Street 29 Dorchester Street Ancillary Lands Description PID 37895 Bell Aliant — parking lot PID 37887 Bell Aliant — parking lot PID 37879 Fourth Floor Holdings Limited — parking lot PID 37861 Fourth Floor Holdings Limited — parking lot PID 37853 Fourth Floor Holdings Limited — parking lot PID 39966 Paul Daeres — parking lot PID 38075 Bell Aliant — parking lot PID 38083 Bell Aliant — parking lot PID 38109 Thomas Baker — parking lot 257 12 55�15�0� 5 5�2 590 SS,oao Q 99 5 e 5559309 � 23 > arletpn St rUe 11 a 5 a \f/ 61 57 55 1 76Qa�3g115 r%to rue 1 Nil mpopw ,Wgo-� .ago 1pwp- I iso NEW ME MEMO 017,01i u' REPORT TO COMMON COUNCIL M &C2011 -179 July 12, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: 71n 47 The City of Saint John SUBJECT: Contract 2011 -2: Bleury Street/Danells Drive/Molson Avenue — Watermain, Sanitary Sewer and Storm Sewer Installation and Street Reconstruction BACKGROUND The 2011 General Fund and Water & Sewerage Utility Fund Capital Programs include funding for Storm Sewer, Sanitary Sewer, & Watermain renewals and Street Reconstruction along Bleury Street and Danells Drive as well as Storm Sewer improvements along Molson Avenue. This project consists generally of the supply of all necessary labour, materials and equipment for the renewal of the Storm, Sanitary, & Watermain piping as well as a full street reconstruction along Bleury Street between Sand Cove Road and Molson Avenue & Danells Drive between Sand Cove Road and Bleury Street. Storm Sewer renewal will occur on Molson Avenue between Ontario Street and the end. TENDER RESULTS Tenders closed on July 6, 2011, with the following results: 1. Valley Excavation Services Inc., Quispamsis, NB $ 1,052,511.38 2. L. Sanford and Sons Ltd., Bloomfield, NB $ 1,098,177.62 3. Fairville Construction Ltd., Saint John, NB $ 1,098,750.98 4. Galbraith Construction Ltd., Saint John, NB $ 1,165,648.11 5. Maguire Excavating Ltd., Saint John, NB $ 1,212,205.01 The Engineer's estimate for the work was $ 1, 418,769.24 259 M &C2011 -179 July 12, 2011 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects with the exception of the tender submitted by Valley Excavation Services Inc. which contained a minor error in mathematics. The math error was corrected in accordance with Division 2 - Instructions to Tenderers and Tendering Procedures, Section 2.11 s) (i) and the corrected amount is reported above. Staff is of the opinion that the low tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. FINANCIAL IMPLICATIONS The contract includes work that is charged against the 2011 General Fund and Water & Sewerage Utility Fund Capital Programs. Assuming award of the contract to the low tenderer, an analysis has been completed which includes work that will be performed by City forces and others. The analysis concludes that a total amount of $1,635,000 was provided in the budgets and that the projected completion cost of the project is estimated to be $1,083,198.63, including the City's eligible H.S.T. rebate. This results in a $340,824.36 positive difference in the General Fund Capital Program and a $210,977.01 positive difference in the Water & Sewerage Utility Fund Capital Program. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in the report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2011 -2: Bleury Street /Danells Drive/Molson Avenue — Watermain, Sanitary Sewer and Storm Sewer Installation and Street Reconstruction be awarded to the low tenderer, Valley Excavation Services Inc., at the tendered price of $1,052,511.38 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner Municipal Operations & Engineering 260 J. Patrick Woods, CGA City Manager July 18, 2011 His Worship Mayor Ivan Court, Deputy Mayor Chase and Councillors Subject: Possible Impact of a Reduction of Council Members Your Worship, Deputy and Councillors, Background: At the July 4, 2011 meeting Council passed the following resolution: "RESOLVED that the City Solicitor be directed to prepare a draft bylaw amendment which would reduce the number of Councillors elected by four." This report will outline some of the implications of a reduction of council members with respect to cost savings, committee form of governance, ward representation, and time commitment. Analysis: Cost Savings — A reduction from the current system to a Council totaling 7 as proposed in the July 4t" resolution would result in a cost savings of approximately $450,000 over a four year term not including cost associated with staff time related to 4 council members. If the reduction were 2, then the cost savings could be estimated at half that amount. Time Commitment — It is difficult to estimate the impact to council members and staff if a reduction were to occur without an in depth analysis of the time currently spent, however it is safe to say that council members and staff would see an increase in the amount of their time required. There would be fewer members for citizens to call, thereby increasing the work for council members, and this would conceivably result in more calls being directed to staff members. The issue of time commitment is considered separately under the heading, Committee system. Committee System form of Governance — This topic will be examined in more detail with a presentation to Council in the fall. However, there are some observations to make concerning this system with a Council consisting of fewer members. Currently Council meets regularly every 2 weeks, and often every week for Committee of the Whole and Council meetings for approximately 10 — 12 hours per month. With the 11 member Council, not taking into account the council member time spent on the various other committees, this time could be reduced by half if a committee system were implemented. It is anticipated that council member participation on many of the various committees would be eliminated with a new system. A reduction in the number of council members would not necessarily mean this time saving could not still be achieved. Although more analysis would be necessary, there are different ways for Council to consider structuring the proposed committees to achieve the most effective results. 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 --------- 261 2 Each council member is in a better position to evaluate possible impacts to their individual wards if the representation in each were reduced by 1, and the same would apply to the at -large council members if the Council were reduced by 2. Random Listing of Municipalities — I have attached a random listing of some municipalities with their Council size. It should be noted that it is difficult to compare based on this information alone, given that factors such as economic, demographic, industrial are different in each. Respectfully submitted, Elizabeth Gormley Common Clerk Attachment lr _ SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 262 Municipal Councils 263 Ward At Municipality Population Council Large 1 Calgary 988,000 Mayor + 14 Councillors Ward 2 Hamilton 505,000 Mayor + 15 Councillors 15 Wards 3 Brampton 434,000 Mayor + 10 Councillors Ward (5 City / 5 Regional) 4 Halifax 400,000 Mayor + 23 Councillors 23 Districts 5 Kitchener 205,000 Mayor + 10 Councillors Ward 6 Pickering 93,000 Mayor + 6 Councillors 3 Wards (3 City / 3 Regional) 7 Red Deer 92,000 Mayor + 8 Councillors - 8 Prince George 80,000 Mayor + 8 Councillors At Large 9 Peterborough 75,000 Mayor + 10 Councillors Ward Sault Ste. 10 Marie 75,000 Mayor + 12 Councillors 6 Wards 11 Sarnia 72,000 Mayor + 8 Councillors 4 Wards (4 City / 4 Regional) 12 Saint John 68,000 Mayor + 10 Councillors 4 Wards (2 At Large / 8 By Ward) 13 Moncton 64,000 Mayor + 10 Councillors Ward 14 Fredericton 51,000 Mayor + 12 Councillors Ward 15 Dieppe 18,500 Mayor + 8 Councillors Ward 16 Bathurst 13,000 Mayor+ 9 Councillors At Large 263 City Solicitors Office Bureau de Pavocat municipal The City of Saint John July 15, 2011 SAINT JOHN Common Council of The City of Saint John Your Worship and Councillors: Re: Council Composition By -Law - Amendment Common Council at its meeting held on July 4, 2011, adopted the following resolution: "Resolved that the City Solicitor be directed to prepare a draft bylaw amendment which would reduce the number of Councillors elected by four." Attached is the text of a draft amendment to the By -Law titled "A By -Law relating to the composition and the election of the Common Council" prepared in compliance to the aforesaid resolution. As I indicated at the July 4th Council meeting, this amendment would operate to reduce by one the number of Councillors elected in each ward. However, Council may choose to achieve the reduction by some other configuration. There are rather extensive restrictions or conditions which have been placed by the Legislature upon the enacting and bringing into effect of changes to by -laws dealing with the composition of Municipal Councils. Without providing a detailed explication of the operation of those provisions, it is sufficient for the moment to say that the time line for enacting the proposed or similar amendment and bringing it into effect for the 2012 Municipal elections is very tight. Specifically, in order to comply with the time frame established by the Municipalities Act, I would suggest that third reading should occur on Monday, November 7, 2011 with the by- law filed with the Municipal Electoral Officer not later than Friday, November 11, 2011. The Municipalities Act also requires that any amendment receive the support of the majority of the whole Council in order to be effective. Respectfully Submitted, Jo . Nu lent y Solicitor P.O. Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 264 BY -LAW NUMBER M -31 A BY -LAW RELATING TO THE COMPOSITION AND THE ELECTION OF THE COMMON COUNCIL Be it enacted by the Common Council of The City of Saint John under the authority vested in it by the Municipalities Act, R.S.N.B. 1973, c. M -22 and the Municipal Elections Act, S.N.B. 1979, c. M- 21.01, as follows: A By -Law of The City of Saint John entitled "A By -Law Relating to the Composition and the Election of the Common Council" enacted on the 5`'' day of November, 2007, is hereby amended as follows: 1 Section 1 is repealed and replaced with the following: 1 The council of The City of Saint John shall consist of a mayor and six councillors. 2 Paragraph 3(1) is repealed and replaced with the following: 3(1) There shall be elected at each quadrennial municipal election held in the City of Saint John, a mayor, one councillor for each of the four wards and two councillors at large. 3 Paragraph 3(2) is repealed and replaced with the following: 3(2) The residents of each of the wards of the City of Saint John shall, at each municipal election held in the City of Saint John, be entitled to vote for the mayor, one candidate nominated in his/her respective ward and two candidates nominated at large. ARRETE No M -31 ARRETE CONCERNANT LA COMPOSITION DU CONSEIL COMMUNAL ET L'ELECTION DE SES MEMBRES En vertu du pouvoir que lui confere la Loi sur les municipalites, L.R.N. -B. 1973, ch. M- 22 et la Loi sup° les elections municipales, L.N. -B. 1979, ch. M- 21.01, le conseil communal de The City of Saint John a decrete ce qui suit : Par les presentes, 1'arrete de The City of Saint John intitule « Arrete concernant la composition du conseil communal et 1'e1ection de ses membres » decrete le 5 novembre 2007, est modifie comme suit: 1 L'articIe 1 est abroge et remplace par ce qui suit : 1 Le conseil de The City of Saint John est forme d'un maire et de six conseillers. 2 Le paragraphe 3(1) est abroge et remplace par ce qui suit: 3(1) Les residents de la ville de Saint John devront elire, a chaque election municipale, tenue tous les quatre ans, un maire, un conseiller pour chacun des quatre quartiers et deux conseillers generaux. 3 Le paragraphe 3(2) est abroge et remplace par ce qui suit: 265 3(2) Les residents de chaque quartier de la ville de Saint John auront le droit de voter, a chaque election tenue dans la ville de Saint John, pour un candidat se presentant au poste de maire, un candidat se presentant au poste de conseiller de son quartier respectif et deux candidats se presentant aux postes de conseillers generaux. 4 Section 4 is repealed. 2 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 July, A.D. 2011 and signed by: Mayor /Maire 4 L'article 4 est abroge. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le _ juillet 2011, avec les signatures suivantes : Common Clerk/Greffiere communale First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 266 Saint John Parking Commission Commission sur le stationnement de Saint John M &C 2011- 185 July 13, 2011 His Worship Mayor Ivan Court & Members of Common Council City of Saint John 81h Floor, City Hall Saint John, NB E21_41_1 Dear Mayor Court & Members of Council: 11th Floor, City Hall, 11ieme ttage, H6tel de Ville P.O. Box 1971 / C.P. 1971 Saint John, N.B. /N. -B. E21_41_1 Tel/ Tel: (506) 658 -2897 Fax/ Telecopieur: (506) 649 -7938 E -mail / Courriel: parking @saintjohn.ca RE: Designation /Authorization to Lay Information in the Provincial Court Of New Brunswick for Violations of the Parking Meter and Traffic By -laws Background: The Common Council of The City of Saint John has enacted certain by -laws pursuant to the authority of the Municipalities Act, supra, including the Saint John Traffic By -law and the Saint John Parking Meter By -law, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick when a person has contravened or failed to comply with the said By- laws. Pursuant to Section 101 of the Municipalities Act, supra, proceedings for breach of a by -law shall be commenced in the name of the clerk of the municipality or such other person as is designated for that purpose by the council. It is necessary to designate an appropriate individual from the Saint John Parking Commission to commence in the name of the municipality, proceedings for the breach of by -laws, namely, the Saint John Parking Meter By -law and the Saint John Traffic By -law. Recommendation: NOW THEREFORE BE IT RESOLVED, that Valerie Farrah, is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Traffic By -law and the Saint John Parking Meter By -law, and this appointment and authorization shall continue until such time as the appointee ceases to be an employee of the City of Saint John or until it is rescinded by Common Council, whichever comes first. Yours fiard J. Smith J, Patrick Woods, CGA airman City Manager www.sain?rAbn.ca 10 1